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HomeMy WebLinkAbout2020-12-01 - Agendas - ArchiveCouncil Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting December 1, 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 December 1, 2020 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports, and Discussion Items: Agenda Additions: None A. Consent: 1. 2019-0991 Approval of the November 17, 2020 City Council Meeting Minutes. APPROVED 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 2. 2020-0691 GFAR Lessee LLC d/b/a Graduate Fayetteville: A resolution to approve an amendment to the lease agreement with GFAR Lessee LLC d/b/a Graduate Fayetteville by retroactively reducing the number of leased parking spaces in the Meadow Street Municipal Parking Deck for the period from April 1, 2020 to June 30, 2020, and to extend the Lease Agreement for one additional seven-year term through 2033. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.296-20 3. 2020-0942 Southwestern Electric Power Company: A resolution to approve a Memorandum of Agreement with Southwestern Electric Power Company to provide at its own costs all materials and labor needed to move the overhead electrical service to underground service along West Avenue to satisfy any and all the damages the city suffered to electrical equipment in City Hall and the Police Station from faulty transformer voltage surges. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.297-20 4. 2020-0996 I-49 and MLK Partnering with ARDOT: A resolution to express the intention of the City Council of the City of Fayetteville to work with the Arkansas Department of Transportation to complete improvements to the I-49 and Martin Luther King Jr. Boulevard Interchange. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.298-20 5. 2020-0992 McClelland Consulting Engineers, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the contract with McClelland Consulting Engineers, Inc. in the amount of $18,725.00 to provide additional design services associated with the West Center Street and North Harmon Avenue Intersection Project - 2019 Street Improvements Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.299-20 6. 2020-1005 Fayetteville Police Department Policies: A resolution to approve Fayetteville Police Department Policies 33.1 Training; 41.3.5 Grooming and Uniform Requirements; and 46.1.2 Critical Incidents. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 300-20 7. 2020-1006 Electric Motor Center: A resolution to accept a quote in the amount of $22,536.50 plus applicable taxes and freight charges from Electric Motor Center for the repair of an influent pump at the Noland Water Resource Recovery Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.301-20 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 8. 2020-1010 Bid #20-81 Paladino Painting Co., LLC: A resolution to award Bid #20-81 and authorize a contract with Paladino Painting Co., LLC in the amount of $107,575.00 for construction related to the removal and replacement of various secondary containment liner systems at the Noland Water Resource Recovery Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.302-20 9. 2020-1009 Dustin Davis and Ryan Youngblood Davis: A resolution to approve a Land Sale Agreement between the City of Fayetteville and Dustin and Ryan Youngblood Davis to acquire about 0.72 acres of land located near Fire Tower Road/County Road 4343 for the construction of a new Benson Mountain Water Supply Tank in exchange for a payment of $23,000.00 plus closing costs, the conveyance of a city -owned 0.06 acre parcel, and other consideration. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.303-20 10.2020-0854 Bid #20-83 Crossland Heavy Contractors, Inc. — 2019 Transportation Bond Project: A resolution to award Bid #20-83 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $4,380,859.87 for the construction of the Sain Street Extension Project, to approve a project contingency in the amount of $438,086.00, and to approve a budget adjustment - 2019 Street Improvements Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.304-20 11.2020-0949 Burns & McDonnell Engineering Company Inc. Supplement Agreement No. 2: A resolution to approve Supplemental Agreement No. 2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $294,086.00 for construction management services associated with the Sain Street Extension Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 305-20 B. Unfinished Business: 1. 2020-0943 RFQ-19-01 Olsson, Inc. Amendment #2: A resolution to approve Amendment No. 2 to the Professional Engineering Services Agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $154,900.00 for the remaining architectural services related to the replacement parking deck for the Cultural Arts Corridor Project, and to approve a budget adjustment — 2019 Cultural Arts Corridor Bond Project. At the 11117120 City Council meeting this item was tabled for two weeks. THIS RESOLUTION WAS TABLED TO THE DECEMBER 15, 2020 CITY COUNCIL MEETING. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov C. New Business: 1. 2020-1055 Bank of Fayetteville/Depot Lot Site: An ordinance to approve a contract with the Bank of Fayetteville, Greg House, Fayetteville Depot, LLC (and possibly Ted Belden) to purchase about one half acre in the Depot/Bank Lot for $350,000.00, to approve a lease -to -own arrangement with Greg House for the .2 acre lot on the north end of the Civic Plaza, to agree to convey to Greg House the ownership of about 14,000 square feet of the bottom floor of the city's public parking deck and other items, and to pass an Emergency Clause. THIS ITEM WAS LEFT ON A FIRST READING 2. 2020-0923 Express Intent for Trail Economic Development: A resolution to express the intent of the City Council to study and develop ordinances to regulate and promote trail economic development in the City of Fayetteville. THIS RESOLUTION WAS TABLED TO THE JANUARY 5, 2021 CITY COUNCIL MEETING. 3. 2020-0901 Fayetteville Youth Center, Inc.: An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $225,000.00 to provide public recreation services for the youth and citizens of Fayetteville for 2021. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6381 4. 2020-0902 Area Agency on Aging of Northwest Arkansas: An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and the Area Agency on Aging of Northwest Arkansas in the amount of $109,080.00 to provide public recreation services for the senior citizens of Fayetteville for 2021. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6382 5. 2020-0991 2021 Seven Hills Homeless Center Funding: An ordinance to waive the requirements of formal competitive bidding and approve a contract with Seven Hills Homeless Center in the amount of $113,400.00 for services to homeless and needy residents in Fayetteville in 2021. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6383 6. 2020-0990 Mike Parker Cost Share Agreement: An ordinance to waive formal competitive bidding and approve a Cost Share Agreement with Mike Parker for construction of a sewer line along 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov a portion of North Shady Lane and a portion of property North of West Holly Street with a refund in an amount not to exceed $40,885.19 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and to approve a project contingency in the amount of $8,177.04 PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6384 7. 2020-0993 NWA LD, LLC Cost Share Agreement: An ordinance to waive formal competitive bidding and approve a Cost Share Agreement with NWA LD, LLC for the upsizing of a planned sewer creek crossing associated with Crystal Springs Subdivision Phase IV with a refund in an amount not to exceed $26,670.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and to approve a project contingency in the amount of $5,334.00. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6385 8. 2020-0994 23 W 5th Street QOZB LLC Cost Share Agreement: An ordinance to waive formal competitive bidding and approve a Cost Share Agreement with 23 W 5th Street QOZB LLC, for the extension of a sewer line near the corner of South Block Avenue and West 5th Street with a refund in an amount not to exceed $16,898.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and to approve a project contingency in the amount of $3,379.60. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6386 9. 2020-0984 Amend 50.40 Rates for Services: An ordinance to amend §50.40 Rates For Services of the Fayetteville City Code to change the commercial cart size from 95 gallon to 96 gallon and to enact a lease fee for those carts. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6387 10.2020-0997 RZN-2020-016 (1011 S. Hollywood Ave./Watson): An ordinance to rezone that property described in rezoning petition RZN 20-016 located at 1011 South Hollywood Avenue for approximately 1.3 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6388 11.2020-1002 RZN 2020-019 (907 S. Hollywood Ave./Watson): An ordinance to rezone that property described in rezoning petition RZN 20-019 located at 907 South Hollywood Avenue for 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov approximately 0.3 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6389 12.2020-1003 RZN 2020-014(SE of I-49 & Wedington Dr./Marinoni Farm): An ordinance to rezone that property described in rezoning petition RZN 20-014 located Southeast of I-49 and Wedington Drive for approximately 112.85 acres from RSF-4, Residential Single Family, 4 units per acre; RMF-24, Residential Multi Family, 24 units per acre; R-O, Residential Office; and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare and CS, Community Services. THIS ITEM WAS LEFT ON A FIRST READING 13.2020-1004 RZN-2020-018 (310 & 325 N. Fletcher Ave./McDonald): An ordinance to rezone that property described in rezoning petition RZN 20-018 located at 310 and 325 North Fletcher Avenue for approximately 0.92 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. THIS ITEM WAS LEFT ON A FIRST READING 14.2020-1001 Amend §33.341 Purpose and §33.342 Powers and Duties: An ordinance to amend §33.341 Purpose and §33.342 Powers and Duties of Article XXII Arts Council of the Fayetteville Code. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6390 15.2020-1036 Enact Article XXXI Community Development and Assistance Programs Advisory Board: An ordinance to enact Article XXXI Community Development and Assistance Programs Advisory Board in Chapter 33 Departments, Boards, Commissions and Authorities of the Fayetteville Code. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6391 16.2020-1012 Short -Term Rental Regulations: An ordinance to amend § 118.01 Applicability of Chapter 118 Business Registry and Licenses, Chapter 151 Definitions, Chapter 161 Zoning Regulations, § 162.01 Establishment/Listing of Chapter 162 Use Units, and Chapter 163 Use Conditions of the Unified Development Code to classify the types of short-term rentals and create regulations to permit and inspect the rentals. THIS RESOLUTION WAS TABLED TO THE JANUARY 5, 2021 CITY COUNCIL MEETING 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 17.2020-1054 Coronavirus Safety Protections and Improvements: An ordinance to clarify that Coronavirus Safety Protections and Improvements may be required before renewing a Certificate of Public Convenience and Necessity, and to approve an Emergency Clause. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6392 Announcements: City Council Agenda Session Presentations: Adjournment: 11:03 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting: December 1, 2020 Adjourn: 1 I � 3 Subject: Roll Petty (W2P2) Scroggin / (W3P1 Bunch / (W3P2) Turk W4P1) ✓ Smith (W4P2) Gutierrez (wiPi) Marsh (W1P2) Kinion (W2P1) Mayor Jordan / Subject: Motion To: Motion By: Seconded: Petty 2P2 Scroggin (W3P1) Bunch (W3P2) Turk W4P1) Smith (W4P2) Gutierrez (wiri) Marsh (W 1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: Consent Motion To: 'A Motion By: Seconded: `� Z Petty A. 1 -A. 11 (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk a I Smith (W4P2) Gutierrez (wiri) ✓ Marsh / (W1P2) V Kinion / (W2P1) Mayor Jordan ------ Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk W4P1 Smith (W4P2) Gutierrez (wiri) Marsh MIP2) Kinion MM) Mayor ,Jordan City Council Meeting: December 1, 2020 Subject: REQ-19-01 Olsson, Inc. Amendment #2: 2020-0943 Motion To:(LIA) Motion By: Seconded: Petty (W2P2) Scroggin Unfinished (W3P1) Bunch Business (W3P2) Turk B. 1 W4P1) Smith 4P2 Gutierrez (w1Pi) Marsh 00 ' 1P2 v Kinion / (W2P1) v Mayor Jordan -------� _u Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk w4P1 Smith 4P2) Gutierrez (wiPi) Marsh (W 1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: Bank of Fayetteville/Depot Lot Site: 2020-1055 Motion To: \ Motion By: Seconded: Petty (W2P2) Scroggin MM Bunch New (W3P2) Turk Business W4P1) Smith CA (W4P2 Gutierrez (wiri) L,e� 4- ©� ��{ Marsh (W1P2) Kinion 2P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty 2P2 Scroggin 3P1 Bunch (W3P2) Turk W4P1) Smith (W4P2) Gutierrez (wiri) Marsh (W1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: Express Intent for Trail Economic Development: 2020-0923 Motion To: VAee Ir C0 l� Motion By: Seconded: "-+1' IQ ff Petty (W2P2) Scroggin (W3P1) Bunch New (W3P2) Turk Business (W4P1) ✓ Smith (W4P2) C.2 Gutierrez (wiri) Marsh (W1P2) Kinion (W2P1) Mayor Jordan r—�,�5 Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk W4P1) Smith (W4P2) Gutierrez (wiri) Marsh (W1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: Fayetteville Youth Center, Inc.: 2020-0901 Motion To: f" r Motion By: r y Seconded:, �._-- Petty (W 2P2) Scroggin (W3P1) New Bunch V3P2 t Business Turk I w4Pi J ,✓ Smith C.3 W4P2 . I 64A Gutierrez (wiri) Marsh IP2 , WP(21)wPr) Mayor Jordan �—�- q—v e�v/ — 62 Subject: Motion To: Motion By: Seconded: Petty ([V2P2) Scroggin (N1'3 P1) Bunch {1V3P2) Turk W4P1 Smith (tiV4P2) Gutierrez (wiri) Marsh (ZV I P2) Kinion t�1�2P1 a Mayor Jordan City Council Meeting: December 1, 2020 Subject: Area Agency on Aging of Northwest Arkansas: 2020-0902 Motion To:� Motion By: �T Seconded: M�, �'fjk� _ i f C71 A �J Petty (W2P2) Scroggin / New Business (W3P1) Bunch (W3P2) % Turk wart) V � 6 Smith C.4 (w4P2) �/ V Gutierrez (wiri) � Marsh % VVV 1P2) V Kinion / / (W2P1) V V Mayor Jordan - Subject: Motion To: Motion By: Seconded: Petty (W2 P2) Scroggin (W3P1) Bunch W3P2 Turk W4P1 Smith (W4P2) Gutierrez (wlrl) Marsh W1 P2 Kinion (AN'2Pl) Mayor Jordan City Council Meeting: December 1, 2020 Subject: 2021 Seven Hills Homeless Center Funding: 2020-0991 Motion To: r9 f Motion By: Ion 4 tj C Seconded: r' Petty / (W2P2) J Scroggin / / (W3P1 ,/ Bunch New (W3P2) Turk J V/ Business waPl) Smith C.5 (W4P2) v Gutierrez (wiPi) Marsh V V Kinion / (W2P1) J Mayor Jordan 4 -v e -0 16 -cam Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk W4P1) Smith (W4P2) Gutierrez (wiPi) Marsh (W1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: Mike Parker Cost Share Agreement: 2020-.0990 Motion To: t l I AoovVe Motion By: �p Seconded: �� ' ------ Petty (w2P2) New Business C. ( Scroggin (W3P1) �/ ✓ / �/ Bunch (W3P2) 1 Turk W4P1) / Smith (W4P2) / d Gutierrez (wiri) J J Marsh (W1P2) J �/ Kinion (W2P1) / �/ Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Smith (W4P2) Gutierrez (wiri) Marsh 1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: NWA LD, LLC Cost Share Agreement: 2020-0993 Motion To: 60-1 Motion By: ` 1— Seconded: Petty (W2P2) Scroggin (W3P1) Bunch / / New Business C.7 (W3P2) 1/ Turk W4P1 Smith (W4P2) Gutierrez (wiri) Marsh / / / CCJJ (W1P2) �/ V 'V Kinion (w2P1) ✓ �/ V Mayor Jordan —� q, -0 4 -61 Z-0 Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Smith (W4P2) Gutierrez (wiri) Marsh (W1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: 25 W 5th Street QOZB, LLC Cost Share Agreement: 2020-0994 Motion To: j AA ,, �v619 Motion By: r Seconded: &/,A IJI 10 ( Petty (vV2P2) - / �/ J �/ Scroggin / / (W3P1) �/ J Bunch (W3P2) / �/ 1/ Turk New Business C. 8 l _ �[6 v (W4P1) Smith (W4P2) Gutierrez (wiri) Marsh (w1P2) Kinion �EJ (W2P1) �/ N Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk w4P1) Smith (W4P2) Gutierrez (wiri) Marsh (W1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: Amend 50.40 Rates for Services: 2020=0984 Motion To: i n doe Motion By: rA,r`GJ f Seconded: Petty / (W2P2) Scroggin (W3P1) Bunch New (W3P2) ✓ Turk (W4P1) �/ �/ Smith Business C. 9 (W4P2) J V Gutierrez (wiri) Marsh9 (w1P2) Kinion 10 (W2P1) Mayor Jordan —� Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk W4P1 Smith (W4P2) Gutierrez (wiPi) Marsh (W 1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: RZN-2020-016 (1011 S. Hollywood Ave./Watson): 2020-0997 Motion To: r a r 7 14 Motion By:--�-- Seconded: Petty ✓ / / / (W2P2) V ✓ V Scroggin / (W3P1) Bunch (W3P2) �/ ✓ Turk ✓ J New (W4P1) Smith ✓ Business (W4P2) Gutierrez J C. 10 (wiri) ✓ /Marsh 1 (W1P2) �/ �/ ✓ `� 41 � �%� U ((// Kinion V V (W2P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk W4P1) Smith (W4P2) Gutierrez (wiPi) Marsh (W 1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: RZN 2020-019 (907 S. Hollywood Ave./Watson): 2020-1002 Motion To: ' ri (-)V)9-" Motion By: Seconded:V-)i VI Petty (W2P2) Scroggin / (W3P1) Bunch (W3P2) / �/ / �/ New Turk (W4P1) / ✓ / J / V Smith 4P2) / Business C. 11 Gutierrez (Wiri) Marsh (W1P2) / Kinion (W2P1) Mayor Jordan --�� Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk W4P1) Smith (W4P2) Gutierrez (wiri) Marsh (W 1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: RZN 2020-014 (SE of I-49 & Wedington Dr./Marioni Farm): 2020-1003 Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1 Bunch (W3P2) New Turk (W4P1) Business Smith (W4P2) C. 12 Gutierrez (wiri) \ Marsh 1P2) `R Kinion (W2P1) \ �1-7t Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk W4P1) Smith (W4P2) Gutierrez (wiri) Marsh (W 1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: RZN-2020-018 (318 & 325 N. Fletcher Ave./Mcdonald): 2020-1004 Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) 1 j Bunch (W3P2) New Turk (W4P1) Business Smith (W4P2 C. 13 Gutierrez (wiri) Vp�� Q� Marsh 1P2) A�I ��f� Kinion WIvOMW2P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk W4P1) Smith (W4P2) Gutierrez (wiri) Marsh (W 1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: Amend 33.341 Purpose and 33.342 Powers and Duties: 2020-1001 Motion To: !20 Motion By: Seconded: Petty (W2P2) / J ! Scroggin (W3P1) Bunch (W3P2) / J ✓ Turk (W4P1) ✓ �/ New Smith % Business C. 14 (W4P2)J Gutierrez (Wiri) J V Marsh 1P2 / Kinion (W2P1) Mayor Jordan _1 Subject Motion To: Motion By: Seconded: 110, —V � `(9 e6—(- ,) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk w4P1) Smith (W4P2) Gutierrez (wiri) Marsh (W1P2) Kinion (W2Pl) Mayor Jordan City Council Meeting: December 1, 2020 Enact Article XXXI Community Development and Assistance Programs Advisory Subject: Board: 2020-1036 Motion To: Motion By: r r Seconded: r-P �P Petty 1/ (W2P2) %/ Scroggin (W3P1) Bunch (W3P2) Turk / J New (W4P1) Smith % Business (W4P2) V C. 15 Gutierrez (wiri) Marsh (W1P2) Kinion / (W2P1) Mayor Jordan --------- Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk W4P1) Smith (W4P2) Gutierrez (wiri) Marsh (W 1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: Short -Term Rental Regulations: 2020-1012 Motion To: of Motion By: \ Seconded: Petty (W2P2) CA Scroggin 3P1) Bunch (W3P2) Turk New (W4P1) J Smith / Business (W4P2) V Gutierrez (wiri) V C. 16 l Marsh - j 1 (W1P2) v V Kinion / R (W2P1) Mayor Jordan [], Q J Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk W4P1) Smith (W4P2) Gutierrez (wiri) Marsh (W 1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: December 1, 2020 Subject: Coronavirus Safety Protections and Improvements: 2020-1054 Motion To: Motion By: Seconded: 1 c r k _ f_ ---------- l� Petty Scroggin J� (L1'3P1) Bunch (W3P2) Turk New (W4P1) Smith Business (1v4P2) V/ C. ref Gutierrez (wiPi) �f V/ Marsh (W1P2) i� Kinion V (W2P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (%N-2P2) Scroggin (W3P1) Bunch (W3.P2) Turk WAP1) Smith (W4 P2 Gutierrez (wiri) Marsh (W1P2) Kinion (NN'2Pi) Mayor Jordan IJ OI I AAd/A It&K'j I-Aq-'4 b City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, November 24, 2020 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward l Council Member Sarah Marsh Ward l 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 November 24, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2019-0967 MONTHLY FINANCIAL REPORT Agenda Additions YA. onsent: 1 2019-0991 J APPROVAL OF THE NOVEMBER 17, 2020 CITY COUNCIL MEETING MINUTES ,fl/ 2020-0691 GFAR LESSEE LLC D/B/A GRADUATE FAYETTEVILLE: A RESOLUTION TO APPROVE AN AMENDMENT TO THE LEASE AGREEMENT WITH GFAR LESSEE LLC DB/A GRADUATE FAYETTEVILLE BY RETROACTIVELY REDUCING THE NUMBER OF LEASED PARKING SPACES IN THE MEADOW STREET MUNICIPAL PARKING DECK FOR THE PERIOD FROM APRIL 1, 2020 TO JUNE 30, 2020, AND TO EXTEND THE LEASE AGREEMENT FOR ONE ADDITIONAL SEVEN YEAR TERM THROUGH 2O33 City of Fayetteville, Arkansas Page 2 Printed on 1111912020 City C9uncil Agenda Session Tentative Agenda November 24, 2020 2020-0942 SOUTHWESTERN ELECTRIC POWER COMPANY: A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH SOUTHWESTERN ELECTRIC POWER COMPANY TO PROVIDE AT ITS OWN COSTS ALL MATERIALS AND LABOR NEEDED TO MOVE THE OVERHEAD ELECTRICAL SERVICE TO UNDERGROUND SERVICE ALONG WEST AVENUE TO SATISFY ANY AND ALL THE DAMAGES THE CITY SUFFERED TO ELECTRICAL EQUIPMENT IN CITY HALL AND THE POLICE STATION FROM FAULTY TRANSFORMER VOLTAGE SURGES j2020-0996 I-49 AND MLK PARTNERING WITH ARDOT: A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO WORK WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION TO COMPLETE IMPROVEMENTS TO THE I-49 AND MARTIN LUTHER KING JR. BOULEVARD INTERCHANGE A17 2020-0992 MCCLELLAND CONSULTING ENGINEERS, INC AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. I TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $18,725.00 TO PROVIDE ADDITIONAL DESIGN SERVICES ASSOCIATED WITH THE WEST CENTER STREET AND NORTH HARMON AVENUE INTERSECTION PROJECT - 2019 STREET IMPROVEMENTS BOND PROJECT r .6 2020-0923 EXPRESS INTENT FOR TRAIL ECONOMIC DEVELOPMENT: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO STUDY AND DEVELOP ORDINANCES TO REGULATE AND PROMOTE TRAIL ECONOMIC DEVELOPMENT IN THE CITY OF FAYETTEVILLE City of Fayetteville, Arkansas Page 3 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 11 .k7 2020-1005 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 33.1 TRAINING; 41.3.5 GROOMING AND UNIFORM REQUIREMENTS; AND 46.1.2 CRITICAL INCIDENTS I AA, 2020-1006 ELECTRIC MOTOR CENTER: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $22,536.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM ELECTRIC MOTOR CENTER FOR THE REPAIR OF AN INFLUENT PUMP AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 2020-1010 BID #20-81 PALADINO PAINTING CO., LLC: A RESOLUTION TO AWARD BID #20-81 AND AUTHORIZE A CONTRACT WITH PALADINO PAINTING CO., LLC IN THE AMOUNT OF $107,575.00 FOR CONSTRUCTION RELATED TO THE REMOVAL AND REPLACEMENT OF VARIOUS SECONDARY CONTAINMENT LINER SYSTEMS AT THE NOLAND WATER RESOURCE RECOVERY FACILITY B. Unfinished Business: City of Fayetteville, Arkansas Page 4 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 2020-0943 RFQ-19-01 OLSSON , INC. AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $154,900.00 FOR THE REMAINING ARCHITECTURAL SERVICES RELATED TO THE REPLACEMENT PARKING DECK FOR THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT At the 11/17/20 City Council meeting this item was tabled for two weeks. C. New Business: q/ 2020-0901 FAYETTEVILLE YOUTH CENTER, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF $225,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH AND CITIZENS OF FAYETTEVILLE FOR 2021 0/ 2020-0902 AREA AGENCY ON AGING OF NORTHWEST ARKANSAS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS IN THE AMOUNT OF $109,080.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE SENIOR CITIZENS OF FAYETTEVILLE FOR 2021 City of Fayetteville, Arkansas Page 5 Printed on 1111912020 City'Couneil Agenda Session Tentative Agenda November 24, 2020 to 41 2020-0991 2021 SEVEN HILLS HOMELESS CENTER FUNDING: AN ORDINANCE TO WAIVE THE REQUIREMENTS BIDDING AND APPROVE A CONTRACT WITH SEVEN THE AMOUNT OF $113,400.00 FOR SERVICES T RESIDENTS IN FAYETTEVILLE IN 2021 2020-0990 MIKE PARKER COST SHARE AGREEMENT: OF FORMAL COMPETITIVE HILLS HOMELESS CENTER IN O HOMELESS AND NEEDY AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH MIKE PARKER FOR CONSTRUCTION OF A SEWER LINE ALONG A PORTION OF NORTH SHADY LANE AND A PORTION OF PROPERTY NORTH OF WEST HOLLY STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $40,885.19 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,177.04 2020-0993 NWA LD, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH NWA LD, LLC FOR THE UPSIZING OF A PLANNED SEWER CREEK CROSSING ASSOCIATED WITH CRYSTAL SPRINGS SUBDIVISION PHASE IV WITH A REFUND IN AN AMOUNT NOT TO EXCEED $26,670.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,334.00 City of Fayetteville, Arkansas Page 6 Printed on 1111912020 City CPuncil Agenda Session Tentative Agenda November 24, 2020 2020-0994 23 W 5TH STREET QOZB, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 23 W 5TH STREET QOZB, LLC FOR THE EXTENSION OF A SEWER LINE NEAR THE CORNER OF SOUTH BLOCK AVENUE AND WEST 5TH STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $16,898.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,379.60 11 C.7 2020-1009 DUSTIN DAVIS AND RYAN YOUNGBLOOD DAVIS: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND DUSTIN AND RYAN YOUNGBLOOD DAVIS TO ACQUIRE ABOUT 0.72 ACRES OF LAND LOCATED NEAR FIRE TOWER ROAD/COUNTY ROAD 4343 FOR THE CONSTRUCTION OF A NEW BENSON MOUNTAIN WATER SUPPLY TANK IN EXCHANGE FOR A PAYMENT OF $23,000.00 PLUS CLOSING COSTS, THE CONVEYANCE OF A CITY -OWNED 0.06 ACRE PARCEL, AND OTHER CONSIDERATION C.8 2020-0854 BID #20-83 CROSSLAND HEAVY CONTRACTORS, INC. - 2019 TRANSPORTATION BOND PROJECT: A RESOLUTION TO AWARD BID #20-83 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $4,380,859.87 FOR THE CONSTRUCTION OF THE SAIN STREET EXTENSION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $438,086.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENTS BOND PROJECT City of Fayetteville, Arkansas Page 7 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 c, C.9 2020-0949 BURNS & MCDONNELL ENGINEERING COMPANY INC. SUPPLEMENT AGREEMENT NO. 2: A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $294,086.00 FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE SAM STREET EXTENSION PROJECT 0 2020-0984 AMEND 50.40 RATES FOR SERVICES: AN ORDINANCE TO AMEND § 50.40 RATES FOR SERVICES OF THE FAYETTEVILLE CITY CODE TO CHANGE THE COMMERCIAL CART SIZE FROM 95 C.yGALLON TO 96 GALLON AND TO ENACT A LEASE FEE FOR THOSE CARTS C. 2020-0997 RZN-2020-016 (1011 S. HOLLYWOOD AVE.IWATSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-016 LOCATED AT 1011 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 1.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES C:V 2 2020-1002 RZN 2020-019 (907 S. HOLLYWOOD AVE./WATSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-019 LOCATED AT 907 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 0.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES City of Fayetteville, Arkansas Page 8 Printed on 1111912020 City GIDuncil Agenda Session 2020-1003 Tentative Agenda RZN 2020-014(SE OF I-49 & WEDINGTON DR./MARINONI FARM): November 24, 2020 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-014 LOCATED SOUTHEAST OF I-49 AND WEDINGTON DRIVE FOR APPROXIMATELY 112.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; RAF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; R-O, RESIDENTIAL OFFICE; AND C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN THOROUGHFARE AND CS, COMMUNITY SERVICES C, 4 2020-1004 RZN-2020-018 (310 & 325 N. FLETCHER AVE./MCDONALD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-018 LOCATED AT 310 AND 325 NORTH FLETCHER AVENUE FOR APPROXIMATELY 0.92 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE C. 5 2020-1001 AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES: AN ORDINANCE TO AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES OF ARTICLE XXII ARTS COUNCIL OF THE FAYETTEVILLE CODE Cj2020-1012 SHORT-TERM RENTAL REGULATIONS: AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF CHAPTER 118 BUSINESS REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING OF CHAPTER 162 USE UNITS, AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO PERMIT AND INSPECT THE RENTALS D. City Council Agenda Session Presentations: City of Fayetteville, Arkansas Page 9 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 D.1 2020-1037 AGENDA SESSION PRESENTATIONS: SALES TAX REPORT - PAUL BECKER ENERGY REPORT - PETER NIERENGARTEN E. City Council Tour: F. Announcements: G. ,aja,.nm<., wu9k, Uni �,1 C �5 LoMmu�ul�� �� P�ran�' Ik�S�wtCA mvv C.I� lurora�iws �liJ+� �Il�'"�' City of Fayetteville, Arkansas Page 10 Printed on 1111912020 P(-49 v A rA V n r) r AA --top 4-; in CA l i / I `f � f tq D City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, November 24, 2020 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member Sarah Marsh Ward l 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 November 24, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: j 1. 2019-0967 MONTHLY FINANCIAL REPORT Agenda Additions A. Consent: i� A.1 2019-0991 APPROVAL OF THE NOVEMBER 17, 2020 CITY COUNCIL MEETING MINUTES ✓A.2 2020-0691 GFAR LESSEE LLC D/B/A GRADUATE FAYETTEVILLE: A RESOLUTION TO APPROVE AN AMENDMENT TO THE LEASE AGREEMENT WITH GFAR LESSEE LLC DB/A GRADUATE FAYETTEVILLE BY RETROACTIVELY REDUCING THE NUMBER OF LEASED PARKING SPACES IN THE MEADOW STREET MUNICIPAL PARKING DECK FOR THE PERIOD FROM APRIL 1, 2020 TO JUNE 30, 2020, AND TO EXTEND THE LEASE AGREEMENT FOR ONE ADDITIONAL SEVEN YEAR TERM THROUGH 2O33 Justin Clay City of Fayetteville, Arkansas Page 2 Printed on 1111812020 City Council Agenda Session Tentative Agenda November 24, 2020 /k-3 2020-0942 SOUTHWESTERN ELECTRIC POWER COMPANY: A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH SOUTHWESTERN ELECTRIC POWER COMPANY TO PROVIDE AT ITS OWN COSTS ALL MATERIALS AND LABOR NEEDED TO MOVE THE OVERHEAD ELECTRICAL SERVICE TO UNDERGROUND SERVICE ALONG WEST AVENUE TO SATISFY ANY AND ALL THE DAMAGES THE CITY SUFFERED TO ELECTRICAL EQUIPMENT IN CITY HALL AND THE POLICE STATION FROM FAULTY TRANSFORMER VOLTAGE SURGES Wade Abernathy JAA 2020-0996 I-49 AND MLK PARTNERING WITH ARDOT: A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO WORK WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION TO COMPLETE IMPROVEMENTS TO THE I-49 AND MARTIN LUTHER KING JR. BOULEVARD INTERCHANGE Chris Brown -�/A.5 2020-0992 MCCLELLAND CONSULTING ENGINEERS, INC AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $18,725.00 TO PROVIDE ADDITIONAL DESIGN SERVICES ASSOCIATED WITH THE WEST CENTER STREET AND NORTH HARMON AVENUE INTERSECTION PROJECT - 2019 STREET IMPROVEMENTS BOND PROJECT Matt Casey City of Fayetteville, Arkansas Page 3 Printed on 1111812020 City Council Agenda Session Tentative Agenda November 24, 2020 A.6 2020-0923 EXPRESS INTENT FOR TRAIL ECONOMIC DEVELOPMENT: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO STUDY AND DEVELOP ORDINANCES TO REGULATE AND PROMOTE TRAIL ECONOMIC DEVELOPMENT IN THE CITY OF FAYETTEVILLE Mary McGetrick A.7 2020-1005 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 33.1 TRAINING; 41.3.5 GROOMING AND UNIFORM REQUIREMENTS; AND 46.1.2 CRITICAL INCIDENTS Mike Reynolds ' A.8 2020-1006 ELECTRIC MOTOR CENTER: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $22,536.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM ELECTRIC MOTOR CENTER FOR THE REPAIR OF AN INFLUENT PUMP AT THE NOLAND WATER RESOURCE RECOVERY FACILITY Tim Nyander ' A.9 2020-1010 BID 420-81 PALADINO PAINTING CO., LLC: A RESOLUTION TO AWARD BID #20-81 AND AUTHORIZE A CONTRACT WITH PALADINO PAINTING CO., LLC IN THE AMOUNT OF $107,575.00 FOR CONSTRUCTION RELATED TO THE REMOVAL AND REPLACEMENT OF VARIOUS SECONDARY CONTAINMENT LINER SYSTEMS AT THE NOLAND WATER RESOURCE RECOVERY FACILITY Tim Nyander City of Fayetteville, Arkansas Page 4 Printed on 11/1812020 City Council Agenda Session Tentative Agenda November 24, 2020 A.10 2020-0998 t �1 e � O ii A RESOLUTION TO APPROVE A CONTRACT WITH COMMUNITY ACCESS TELEVISION, INC. DB/A YOUR MEDIA IN THE AMOUNT OF $197,133.00 FOR THE T �� PROVISION OF PUBLIC ACCESS TELEVISION SERVICES AND THE OPERATION OF THE PUBLIC ACCESS TELEVISION CHANNEL THROUGH 2O21, CONTINGENT ON APPROVAL OF THE 2021 ANNUAL CITY BUDGET AND WORK PROGRAM Doug Bankston J B. Unfinished Business: jBA 2020-0943 RFQ-19-01 OLSSON , INC. AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $154,900.00 FOR THE REMAINING ARCHITECTURAL SERVICES RELATED TO THE REPLACEMENT PARKING DECK FOR THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT At the 11/17/20 City Council meeting this item was tabled for two weeks. iC. New Business: CA 2020-0901 FAYETTEVILLE YOUTH CENTER, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF $225,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH AND CITIZENS OF FAYETTEVILLE FOR 2021 Connie Edmonston City of Fayetteville, Arkansas Page 5 Printed on 1111812020 City Council Agenda Session Tentative Agenda November 24, 2020 f C.2 2020-0902 AREA AGENCY ON AGING OF NORTHWEST ARKANSAS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS IN THE AMOUNT OF $109,080.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE S/(� SENIOR CITIZENS OF FAYETTEVILLE FOR 2021 Connie Edmonston 1/ C.3 2020-0990 MIKE PARKER COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH MIKE PARKER FOR CONSTRUCTION OF A SEWER LINE ALONG A PORTION OF NORTH SHADY LANE AND A PORTION OF PROPERTY NORTH OF WEST HOLLY STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $40,885.19 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,177.04 Tim Nyander CA 2020-0993 NWA LD, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH NWA LD, LLC FOR THE UPSIZING OF A PLANNED SEWER CREEK CROSSING ASSOCIATED WITH CRYSTAL SPRINGS SUBDIVISION PHASE IV WITH A REFUND IN AN AMOUNT NOT TO EXCEED $26,670.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,334.00 Tim Nyander City of Fayetteville, Arkansas Page 6 Printed on 1111812020 City Council Agenda Session Tentative Agenda November 24, 2020 /C.5 2020-0994 23 W 5TH STREET QOZB, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 23 W 5TH STREET QOZB, LLC FOR THE EXTENSION OF A SEWER LINE NEAR THE CORNER OF SOUTH BLOCK AVENUE AND WEST 5TH STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $16,898.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,379.60 Tim Nyander C.6 2020-1009 DUSTIN DAVIS AND RYAN YOUNGBLOOD DAVIS: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND DUSTIN AND RYAN YOUNGBLOOD DAVIS TO ACQUIRE ABOUT 0.72 ACRES OF LAND LOCATED NEAR FIRE TOWER ROAD/COUNTY ROAD 4343 FOR THE CONSTRUCTION OF A NEW BENSON MOUNTAIN WATER SUPPLY TANK IN EXCHANGE FOR A PAYMENT OF $23,000.00 PLUS CLOSING COSTS, THE CONVEYANCE OF A CITY -OWNED 0.06 ACRE PARCEL, AND OTHER CONSIDERATION Tim Nyander C.7 2020-0854 BID 920-83 CROSSLAND HEAVY CONTRACTORS, INC. - 2019 TRANSPORTATION BOND PROJECT: A RESOLUTION TO AWARD BID #20-83 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $4,380,859.87 FOR THE CONSTRUCTION OF THE SAIN STREET EXTENSION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $438,086.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENTS BOND PROJECT Chris Brown City of Fayetteville, Arkansas Page 7 Printed on 1111812020 City Council Agenda Session Tentative Agenda November 24, 2020 �C.8 2020-0949 BURNS & MCDONNELL ENGINEERING COMPANY INC. SUPPLEMENT AGREEMENT NO.2: A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $294,086.00 FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE SAIN STREET EXTENSION PROJECT Chris Brown JC.9 2020-0984 AMEND 50.40 RATES FOR SERVICES: AN ORDINANCE TO AMEND § 50.40 RATES FOR SERVICES OF THE FAYETTEVILLE CITY CODE TO CHANGE THE COMMERCIAL CART SIZE FROM 95 GALLON TO 96 GALLON AND TO ENACT A LEASE FEE FOR THOSE CARTS Brian Pug) C C.10 2020-0991 2021 SEVEN HILLS HOMELESS CENTER FUNDING: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER IN THE AMOUNT OF $113,400.00 FOR SERVICES TO HOMELESS AND NEEDY RESIDENTS IN FAYETTEVILLE IN 2021 Paul Becker City of Fayetteville, Arkansas Page 8 Printed on 1111812020 City Council Agenda Session Tentative Agenda November 24, 2020 ,/ C.11 2020-0997 RZN-2020-016 (1011 S. HOLLYWOOD AVE./WATSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-016 LOCATED AT 1011 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 1.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES Garner Stoll C.12 2020-1002 RZN 2020-019 (907 S. HOLLYWOOD AVE./WATSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-019 LOCATED AT 907 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 0.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES Gamer Stoll C.13 2020-1003 RZN 2020-014(SE OF I-49 & WEDINGTON DR./MARINONI FARM): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-014 LOCATED SOUTHEAST OF I-49 AND WEDINGTON DRIVE FOR APPROXIMATELY 112.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; R-O, RESIDENTIAL OFFICE; AND C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN THOROUGHFARE AND CS, COMMUNITY SERVICES Garner Stoll City of Fayetteville, Arkansas Page 9 Printed on 1111612020 City Council Agenda Session Tentative Agenda November 24, 2020 JC.14 2020-1004 RZN-2020-018 (310 & 325 N. FLETCHER AVE./MCDONALD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-018 LOCATED AT 310 AND 325 NORTH FLETCHER AVENUE FOR APPROXIMATELY 0.92 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE Garner Stoll C.15 2020-1001 AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES: AN ORDINANCE TO AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES OF ARTICLE XXII ARTS COUNCIL OF THE FAYETTEVILLE CODE Sarah Marsh C.16 2020-1012 SHORT-TERM RENTAL REGULATIONS: AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF CHAPTER 118 BUSINESS REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING OF CHAPTER 162 USE UNITS, AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO PERMIT AND INSPECT THE RENTALS Garner Stoll D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 10 Printed on 1111812020 III OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan THRU: Kara Paxton, City Clerk FROM: Kit Williams, City Attorneyq--- DATE: December 2, 2020 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of December 1, 2020 1. A RESOLUTION TO APPROVE AN AMENDMENT TO THE LEASE AGREEMENT WITH GFAR LESSEE LLC D/B/A GRADUATE FAYETTEVILLE BY RETROACTIVELY REDUCING THE NUMBER OF LEASED PARKING SPACES IN THE MEADOW STREET MUNICIPAL PARKING DECK FOR THE PERIOD FROM APRIL 1, 2020 TO JUNE 30, 2020, AND TO EXTEND THE LEASE AGREEMENT FOR ONE ADDITIONAL SEVEN YEAR TERM THROUGH 2O33 2. A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH SOUTHWESTERN ELECTRIC POWER COMPANY TO PROVIDE AT ITS OWN COSTS ALL MATERIALS AND LABOR NEEDED TO MOVE THE OVERHEAD ELECTRICAL SERVICE TO UNDERGROUND SERVICE ALONG WEST AVENUE TO SATISFY ANY AND ALL THE DAMAGES THE CITY SUFFERED TO ELECTRICAL EQUIPMENT IN CITY HALL AND THE POLICE STATION FROM FAULTY TRANSFORMER VOLTAGE SURGES 3. A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO WORK WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION TO COMPLETE IMPROVEMENTS TO THE I-49 AND MARTIN LUTHER KING JR. BOULEVARD INTERCHANGE 4. A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $18,725.00 TO PROVIDE ADDITIONAL DESIGN SERVICES ASSOCIATED WITH THE WEST CENTER STREET AND NORTH HARMON AVENUE INTERSECTION PROJECT - 2019 STREET IMPROVEMENTS BOND PROJECT 5. A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 33.1 TRAINING; 41.3.5 GROOMING AND UNIFORM REQUIREMENTS; AND 46.1.2 CRITICAL INCIDENTS 6. A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $22,536.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM ELECTRIC MOTOR CENTER FOR THE REPAIR OF AN INFLUENT PUMP AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 7. A RESOLUTION TO AWARD BID #20-81 AND AUTHORIZE A CONTRACT WITH PALADINO PAINTING CO., LLC IN THE AMOUNT OF $107,575.00 FOR CONSTRUCTION RELATED TO THE REMOVAL AND REPLACEMENT OF VARIOUS SECONDARY CONTAINMENT LINER SYSTEMS AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 8. A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND DUSTIN AND RYAN YOUNGBLOOD DAVIS TO ACQUIRE ABOUT 0.72 ACRES OF LAND LOCATED NEAR FIRE TOWER ROAD/COUNTY ROAD 4343 FOR THE CONSTRUCTION OF A NEW BENSON MOUNTAIN WATER SUPPLY TANK IN EXCHANGE FOR A PAYMENT OF $23,000.00 PLUS CLOSING COSTS, THE CONVEYANCE OF A CITY -OWNED 0.06 ACRE PARCEL, AND OTHER CONSIDERATION 9. A RESOLUTION TO AWARD BID #20-83 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $4,380,859.87 FOR THE CONSTRUCTION OF THE SAIN STREET EXTENSION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $438,086.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENTS BOND PROJECT 10. A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $294,086.00 FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE SAIN STREET EXTENSION PROJECT 11. AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF $225,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH AND CITIZENS OF FAYETTEVILLE FOR 2021 2 12. AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS IN THE AMOUNT OF $109,080.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE SENIOR CITIZENS OF FAYETTEVILLE FOR 2021 13. AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER IN THE AMOUNT OF $113,400.00 FOR SERVICES TO HOMELESS AND NEEDY RESIDENTS IN FAYETTEVILLE IN 2021 14. AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH MIKE PARKER FOR CONSTRUCTION OF A SEWER LINE ALONG A PORTION OF NORTH SHADY LANE AND A PORTION OF PROPERTY NORTH OF WEST HOLLY STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $40,885.19 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,177.04 15. AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH NWA LD, LLC FOR THE UPSIZING OF A PLANNED SEWER CREEK CROSSING ASSOCIATED WITH CRYSTAL SPRINGS SUBDIVISION PHASE IV WITH A REFUND IN AN AMOUNT NOT TO EXCEED $26,670.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,334.00 16. AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 23 W 5TH STREET QOZB, LLC FOR THE EXTENSION OF A SEWER LINE NEAR THE CORNER OF SOUTH BLOCK AVENUE AND WEST 5TH STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $16,898.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,379.60 17. AN ORDINANCE TO AMEND § 50.40 RATES FOR SERVICES OF THE FAYETTEVILLE CITY CODE TO CHANGE THE COMMERCIAL CART SIZE FROM 95 GALLON TO 96 GALLON AND TO ENACT A LEASE FEE FOR THOSE CARTS 3 18. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-016 LOCATED AT 1011 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 1.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES 19. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-019 LOCATED AT 907 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 0.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES 20. AN ORDINANCE TO AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES OF ARTICLE XXII ARTS COUNCIL OF THE FAYETTEVILLE CODE 21. AN ORDINANCE TO ENACT ARTICLE XXXI COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE 22. AN ORDINANCE TO CLARIFY THAT CORONAVIRUS SAFETY PROTECTIONS AND IMPROVEMENTS MAY BE REQUIRED BEFORE RENEWING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, AND TO APPROVE AN EMERGENCY CLAUSE 4 CityClerk From: CityClerk Sent: Tuesday, December 1, 2020 10:39 AM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Cc: Sun Flower Subject: FW: Please forward to City Council and Mayor Please see email below from Sun Flower. The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can also submit a public comment using the link provided below which will automatically be routed to Council Members. The link can be found on the City Clerk page on the city website. https://documents.fayetteville-ar.gov/Forms/publiccomment Have a nice day! Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 citvclerk(a)fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY OF PsAm r-AYETTEVILLE 4VARKANSAS From: Sun Flower <sunflowerwiks@gmail.com> Sent: Tuesday, December 1, 2020 10:08 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Please forward to City Council and Mayor 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. I am writing concerning the rezoning of the Maranoni property The traffic that will be generated by highest density use of this property appears untenable by those of us who live in the surrounding neighborhoods and face what traffic already exists. An improved interchange at Wedington and 149 will not alleviate the traffic going and coming to and from that area from the east and west. The streets on the hills surrounding this property to the south and east are steep and narrow, with very poor lines of sight for traffic at their peaks. Those streets run through older established neighborhoods that are utilized by school children and older adults as pedestrians. One pedestrian was killed recently near Cleveland and Oliver, at the peak of the hill. It is unthinkable to consider creating heavier traffic on these streets than that which already exists from current development projects. Development of this property will require planning that takes traffic into much more careful consideration than has been given if this current request is granted. Thank you for your consideration. Margaret Holcomb Sent from my Whone BlKqNM LETTER OF SUPPORT FOR MARINONI REQUEST FOR ZONING TO: MAYOR JORDAN AND CITY COUNCIL MEMBERS, CITY OF FAYETTEVILLE FROM: PAXTON ROBERTS, EXECUTIVE DIRECTOR, BIKENWA 12/01 /2020 Dear Mayor Jordan and City Council Members, Our organization would like to voice support for the rezoning request of the Marinoni property as shown in the maps for item C.12 2020-1003. We believe that the citizens of Fayetteville would best be served by changing the proposed zoning as shown to allow for mixed uses, higher density of residences, and mix of businesses and other commercial development. There are few places of this size that could be infilled between the 1-49 corridor and HWY 265 to the east. We believe that it is fully within Fayetteville's stated goals to encourage infill, mixed use, and reduced sprawl from the edges of the city. The majority of trips by people in cars are made traveling to and from locations within five miles of their homes for things like groceries, eating out, errands, and recreation. If we can mix residential and commercial uses more frequently across Fayetteville, we can cut down on the number and length of these trips and also replace some of them with people biking and walking to and from these destinations. By doing so we can keep congestion from increasing and potentially reduce current congestion levels. This has many benefits even beyond reducing the impact on the environment from reduced CO2 emissions in terms of health and economic vitality. Finally, this property will allow for critical bicycle and pedestrian connections to businesses and parks in Fayetteville. This property adjoins and provides access to the new trails on Markham and Centennial parks. We ask that you support this rezoning request and help keep Fayetteville a place that is known for its progressive approach to growth. Sincerely, Paxton Roberts, Executive Director BikeNWA is your lead advocate for trails and active transportation infrastructure in Northwest Arkansas. CityClerk From: Sent: To: Cc: Subject: Please see email below. CityClerk Wednesday, December 2, 2020 7:51 AM Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle d3williams@sbcglobal.net FW: Maranoni property rezoning proposal opposition The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can also submit a public comment using the link provided below which will automatically be routed to Council Members. The link can be found on the City Clerk page on the city website. https://documents.fayetteville-ar.gov/Forms/publiccomment Have a nice day! Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 citvclerk(cDfavetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY Of FAYETTEVILLE A RKANSAS From: David Williams <d3wiIlia ms@sbcglobal.net> Sent: Tuesday, December 1, 2020 3:13 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Cc: University Heights Neiborhood <university-heights-na@listserv.uark.edu> Subject: Maranoni property rezoning proposal opposition CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Jordan and City Council Members, Please oppose highest density zoning for the Maranoni property and require developers to come up with a lesser density and safer traffic plan. Thank you for your service and this consideration. David and Pattie Williams, 547 North Gray Avenue CityClerk From: Sent: To: Cc: Subject: Please see email below. CityClerk Wednesday, December 2, 2020 7:52 AM Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Beverly Schaffer FW: Marinoni Property Rezoning The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can also submit a public comment using the link provided below which will automatically be routed to Council Members. The link can be found on the City Clerk page on the city website. https://documents.fayetteville-ar.gov/Forms/publiccomment Have a nice day! Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 citvclerk(cDfavetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube Aft CITY Of FAYETTEVILLE A RKANSAS -----Original Message ----- From: Beverly Schaffer <bschaffer@arkansas.net> Sent: Tuesday, December 1, 2020 3:55 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Marinoni Property Rezoning CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Clerk, Please forward this message to members of the Fayetteville City Council and staff. Dear All, I'm writing to ask that you hold this rezoning request on the first reading tonight. Due to the Thanksgiving holidays and the sheer volume of information and issues arising from this request, more time is needed to prepare thoughtful comments for your consideration. On its face, rezoning every acre of this land to the highest density possible, with a new road to funnel traffic East and South out of the development appears to present an existential threat to the adjacent neighborhoods and all established residential areas that lie directly east and south of the land. Already, the cut -through traffic threatens the quality of life of the residents and the long term viability of every one of these neighborhoods. The impact of the rezoning of the land on the surrounding neighborhoods is only one consideration in any decision made by the council. But, given the existing problems that plague these residential areas and largely remain unaddressed, it seems unwise for the city to lose control of the way this vast undeveloped acreage ultimately is built out and have to manage problems on the back end. All I'm prepared to say today, without further scrutiny, is that I think Planning Commissioner Rob Sharp is on the right track with his suggestion that a Planned Zoning District would be the optimal rezoning category for this land. At a minimum, further study of the current rezoning proposal is essential. Please give the public a little more time to share our feedback by not moving the proposal forward to a vote right away. Many thanks for your dedicated service to the city. Beverly Schaffer 1404 W. Cleveland Street CityClerk From: CityClerk Sent: Thursday, December 3, 2020 12:06 PM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Cc: Lisa Orton Subject: FW: Marinoni Farm rezone request Please see email below. The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can also submit a public comment using the link provided below which will automatically be routed to Council Members. The link can be found on the City Clerk page on the city website. https://documents.fayetteville-ar.gov/Forms/publiccomment Have a nice day! Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 citvclerk(cDfavetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY Of FAYETTEVILLE A RKANSAS From: Lisa Orton <lisa_m_orton@yahoo.com> Sent: Thursday, December 3, 2020 11:33 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Cc: University Heights Neighbors <university-heights-na@listserv.uark.edu>; D'Andre Jones <dre91732000@gmail.com>; D'Andre Jones <dre91732000@yahoo.com>; Holly Hertzberg <hollyhertzberg202O@gmail.com>; Lisa Orton <lisa_m_orton@yahoo.com> Subject: Marinoni Farm rezone request CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, I believe the degree of rezone requested for the Marinoni property is not appropriate beside the natural area, urban forest, nature preserve on its south boundary (formerly U of A, now City property) and beside the low density residential neighborhoods and Temple Shalom to its east and southeast. Please do not approve this rezoning request. I believe something more compatible in this historic area would be much more appropriate. I believe a PZD could be put together that is more compatible, appropriate, neighborhood -friendly, and protecting of Fayetteville's last remaining intact urban forests. This PZD would not only provide the Marinoni family with a profit but could also protect the natural area and residential neighborhoods that would otherwise be negatively affected to the extreme. Toby, co -president at Temple Shalom (located on Sang Ave, opposite Cleveland), texted me and said that they are opposed to this rezoning and to any increase of traffic — this would cause increased anti-Semitic vandalism. As you know, one of the proposed outlets from the requested rezoned development is an extension of Cleveland which would abut the synagogue property parking lot. Specialized Real Estate Group's "conservation development" would be much more appropriate on Marinoni's already deforested cow fields than on Markham Hill where major deforesting will be necessary to accommodate their approximately 530 living units, 80-room hotel, restaurant, other commercial buildings, parking lots, streets and utilities. Paula Marinoni mentioned her vision of a highly urbanized "Midtown" Fayetteville on the Marinoni property, but other more appropriate, compatible, neighborhood -friendly, and tree -friendly visions are possible as well. Besides all this, I think there are some philosophies that influence these types of rezoning decisions the City has to make. I've mentioned these before in a previous letter, but I believe they are important to face because these conflicts are not going away. (1) RSF-4 Zoning Philosophy Historically, in some areas of the U.S., RSF-4 zoning was used to prevent integration and to support discrimination. Today in Fayetteville and elsewhere, people of all races and ethnicities live in RSF-4 and lower density neighborhoods. To say otherwise is stereotyping entire people groups. RSF-4 zoning does not mean 'rich white people' any longer. RSF-4 zoning is not a bad word. I've actually heard some City officials say the word with disgust. Many in Fayetteville take pride in calling our city diverse. This doesn't mean only racially or culturally, but also in our neighborhood types. Some people of all races and ethnicities enjoy living in high density neighborhoods near commercial hubs and some people of all races and ethnicities enjoy living in low density neighborhoods where there are more trees and there is more tranquility. I've lived in both types and in between over the past 30 years in Maryland and here. If we up -zone neighborhoods that do not want to be up -zoned and send more traffic through neighborhoods that do not want it, then we are not allowing for this diversity and actually trying to eliminate it. I believe there needs to be more respect for current residents in neighborhoods and what they want for themselves. If a developer buys in a neighborhood, that developer knows the existing neighborhood density no matter the current zoning. I don't believe that a single developer should have higher priority than the current residents in the neighborhood on how that neighborhood proceeds. (2) Philosophy on how Fayetteville should look in the future I believe there are different visions for Fayetteville among residents here. And they are in conflict. One is an infilled, mixed use, crowded city, and the other is an historic, artsy, wooded, university town where neighborhoods are valued (some low density, some mixed use, some high density, depending on what those specific neighborhoods want for themselves). The first vision is developer -centered, and the second vision is neighborhood or resident -centered. The first vision deforests parts of the city in order to develop. The second vision values and preserves its urban forests. The first vision keeps wanting to grow, grow, grow. The second vision wants to grow reasonably, making sure the environment, trees, and neighborhoods do not suffer because of it. So, I ask again: Please highly regard the people in the existing neighborhoods to the east and southeast, and the natural areas/urban forests to the south of the Marinoni property. Please do not approve this particular rezoning request on the Marinoni property. Thank you. Lisa Orton 1663 W Halsell Rd Fayetteville, Ark 72701 410-674-8440 IUM CITY OF FAYETTEVILLE ARKAN A City Council Meeting December 1, 2020 Introduction • A short-term rental (STR) is the leasing out of a furnished residential dwelling on a short-term basis, generally less than a 30 days. • Pre-Covid it is estimated that there were approximately 500-600 STIR units in Fayetteville. • Fayetteville's codes do not have specific rules for STRs and they are classified as hotels/motels in the zoning code. This prevents them from legally operating in a single-family district and there are numerous STRs currently in violation. rTEVILLE ISAS Residency: A permanent resident does not have to live in the STR dwelling Residential Zoning Districts: Short-term rentals may be permitted in all zoning districts where residential uses are allowed by right. Commercial and Mixed Use Zoning Districts: Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi- family buildings as specified in Chapter 118 of the Fayetteville City Code. Occupancy: Maximum of 2 people per bedroom plus 2, with a maximum of 8 people regardless of the number of bedrooms. A definition of bedroom is included. FAYETTEVILLE ARKANSAS 3 Special events: No parties or special events allowed in STRs by right Parking: Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. Short-term rental units: Any structure established as a permanent residential dwelling including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. Exceptions: Exceptions to the short-term rental standards, except proposals that would exceed the city-wide density maximum, may be granted by the Planning Commission as a conditional use permit FAYETTEVILLE ARKANSAS M STR Types - Type 1 Type 1 is a full-time residence. • The occupants or owner rent their primary residence as a short-term rental. • A copy of the Homestead Tax Credit or long-term lease agreement for the subject prorrental. erty is required to be classified as a Type • Accessory dwelling units (ADUs) as defined in Unified Develo� ment Code Chapter 151 shall be considered a Type 1 short-term rental. • Type 1's are not subject to density limitations. CITY OF FAYETTEVILU� ARKANSAS STR Types - Type 2 Type 2 is any short-term (less than 30 days) rental that does not qualify to be a Type 1 rental that the owner lists this property full-time as a short-term rental and has no intention of having permanent residents living at the property. A conditional use permit is required prior to use and priorto receiving a business license. Hotel, motel, and existing, licensed Bed ancf Breakfast entities shall not be considered short-term rentals subject to this section. A conditional use permit may NOT permit the following; Individual 2-family, 3 and 4-family buildings that are not a part of a multi -family complex shall have no more than one Type 2 short term rental unit per building complex. More than two dwellings units as Type 2 rentals within a multi- family dwelling complex F TTEVILLE, 4SAS Density PP Cap Density limitations: Density limitations only apply to Type 2 STRs. A city-wide density cap of one 2% of all dwelling units in the Fayetteville city limits may be utilized as Type 2 rentals. Total dwelling units are determined from current United States Census Bureau and/or American Community Survey numbers, whichever number is higher. Type 2 short-term rentals in commercial and mixed -use zoning districts where hotel/motel are permitted by right shall not count towards the city-wide density cap. Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings. • After the enactment of the short-term rental ordinance, existing short-term rental operators shall have 6 months to obtain a business license and be considered in compliance. • After the 6-month start-up period, all short-term rental units must have a business license to be considered in compliance. Grace • Type 2 short-term rentals seeking a business license or permit under the 6-month start-up period will not be Periodrequired to obtain a conditional use permit. • Any Type 2 short-term rentals submitting a business license or permit after the 6-month grace eriod shall be required to obtain a conditional use perms prior to the City issuing a business license. • To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior go the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. • The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. • A short-term rental within the Fayetteville city limits shall be required to file for the City of Fayetteville Business Registry and License. • An owner that operates a short-term residential rental shall must apply for and Permitting obtain a business license for each individual short-term rental. and • An owner has designated an agent, he owner may serve as their own agent but must Inspection be available by phone at all times during uest g occu ancy, including nights and weekends and able o be present al the property with in one hour. • Business licensees must be posted conspicuously common area oftheshort-term rental unit with the City phone number to report a safety complaint. • A life safetv and e ress inspection by the CityBuilding Safety Division for the dwelling unis required to obtain a Business License Thank you! Mary McGetrick LONG RANGE PLANNING, CITY OF FAYETTEVILLE City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, December 1, 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 December 1, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1 2019-0967 MONTHLY FINANCIAL REPORT Agenda Additions A. Consent A.1 2019-0991 APPROVAL OF THE NOVEMBER 17, 2020 CITY COUNCIL MEETING MINUTES A.2 2020-0691 GFAR LESSEE LLC DB/A GRADUATE FAYETTEVILLE: A RESOLUTION TO APPROVE AN AMENDMENT TO THE LEASE AGREEMENT WITH GFAR LESSEE LLC DB/A GRADUATE FAYETTEVILLE BY RETROACTIVELY REDUCING THE NUMBER OF LEASED PARKING SPACES IN THE MEADOW STREET MUNICIPAL PARKING DECK FOR THE PERIOD FROM APRIL 1, 2020 TO JUNE 30, 2020, AND TO EXTEND THE LEASE AGREEMENT FOR ONE ADDITIONAL SEVEN YEAR TERM THROUGH 2O33 City of Fayetteville, Arkansas Page 2 Printed on 1112512020 City Council Meeting Final Agenda December 1, 2020 A.3 AA A.5 A.6 2020-0942 SOUTHWESTERN ELECTRIC POWER COMPANY: A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH SOUTHWESTERN ELECTRIC POWER COMPANY TO PROVIDE AT ITS OWN COSTS ALL MATERIALS AND LABOR NEEDED TO MOVE THE OVERHEAD ELECTRICAL SERVICE TO UNDERGROUND SERVICE ALONG WEST AVENUE TO SATISFY ANY AND ALL THE DAMAGES THE CITY SUFFERED TO ELECTRICAL EQUIPMENT IN CITY HALL AND THE POLICE STATION FROM FAULTY TRANSFORMER VOLTAGE SURGES 2020-0996 I-49 AND MLK PARTNERING WITH ARDOT: A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO WORK WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION TO COMPLETE IMPROVEMENTS TO THE I-49 AND MARTIN LUTHER KING JR. BOULEVARD INTERCHANGE 2020-0992 MCCLELLAND CONSULTING ENGINEERS, INC AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $18,725.00 TO PROVIDE ADDITIONAL DESIGN SERVICES ASSOCIATED WITH THE WEST CENTER STREET AND NORTH HARMON AVENUE INTERSECTION PROJECT - 2019 STREET IMPROVEMENTS BOND PROJECT 2020-1005 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 33.1 TRAINING; 41.3.5 GROOMING AND UNIFORM REQUIREMENTS; AND 46.1.2 CRITICAL INCIDENTS City of Fayetteville, Arkansas Page 3 Printed on 1112512020 City Council Meeting Final Agenda December 1, 2020 A.7 A.8 A.9 2020-1006 ELECTRIC MOTOR CENTER: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $22,536.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM ELECTRIC MOTOR CENTER FOR THE REPAIR OF AN INFLUENT PUMP AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 2020-1010 BID #20-81 PALADINO PAINTING CO., LLC: A RESOLUTION TO AWARD BID #20-81 AND AUTHORIZE A CONTRACT WITH PALADINO PAINTING CO., LLC IN THE AMOUNT OF $107,575.00 FOR CONSTRUCTION RELATED TO THE REMOVAL AND REPLACEMENT OF VARIOUS SECONDARY CONTAINMENT LINER SYSTEMS AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 2020-1009 DUSTIN DAVIS AND RYAN YOUNGBLOOD DAVIS: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND DUSTIN AND RYAN YOUNGBLOOD DAVIS TO ACQUIRE ABOUT 0.72 ACRES OF LAND LOCATED NEAR FIRE TOWER ROAD/COUNTY ROAD 4343 FOR THE CONSTRUCTION OF A NEW BENSON MOUNTAIN WATER SUPPLY TANK IN EXCHANGE FOR A PAYMENT OF $23,000.00 PLUS CLOSING COSTS, THE CONVEYANCE OF A CITY -OWNED 0.06 ACRE PARCEL, AND OTHER CONSIDERATION City of Fayetteville, Arkansas Page 4 Printed on 1112512020 City Council Meeting Final Agenda December 1, 2020 A.10 2020-0854 BID #20-83 CROSSLAND HEAVY CONTRACTORS, INC. - 2019 TRANSPORTATION BOND PROJECT: A RESOLUTION TO AWARD BID #20-83 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $4,380,859.87 FOR THE CONSTRUCTION OF THE SAIN STREET EXTENSION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $438,086.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENTS BOND PROJECT A.11 2020-0949 BURNS & MCDONNELL ENGINEERING COMPANY INC. SUPPLEMENT AGREEMENT NO. 2: A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $294,086.00 FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE SAIN STREET EXTENSION PROJECT B. Unfinished Business BA 2020-0943 RFQ-19-01 OLSSON , INC. AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $154,900.00 FOR THE REMAINING ARCHITECTURAL SERVICES RELATED TO THE REPLACEMENT PARKING DECK FOR THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT At the 11/17/20 City Council meeting this item was tabled for two weeks. C. New Business City of Fayetteville, Arkansas Page 5 Printed on 1112512020 City Council Meeting Final Agenda December 1, 2020 CA 2020-1055 BANK OF FAYETTEVILLE/DEPOT LOT SITE: AN ORDINANCE TO APPROVE A CONTRACT WITH THE BANK OF FAYETTEVILLE, GREG HOUSE, FAYETTEVILLE DEPOT, LLC (AND POSSIBLY TED BELDEN) TO PURCHASE ABOUT ONE HALF ACRE IN THE DEPOT/BANK LOT FOR $350,000.00, TO APPROVE A LEASE -TO -OWN ARRANGEMENT WITH GREG HOUSE FOR THE .2 ACRE LOT ON THE NORTH END OF THE CIVIC PLAZA, TO AGREE TO CONVEY TO GREG HOUSE THE OWNERSHIP OF ABOUT 14,000 SQUARE FEET OF THE BOTTOM FLOOR OF THE CITY'S PUBLIC PARKING DECK AND OTHER ITEMS, AND TO PASS AN EMERGENCY CLAUSE C.2 2020-0923 EXPRESS INTENT FOR TRAIL ECONOMIC DEVELOPMENT: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO STUDY AND DEVELOP ORDINANCES TO REGULATE AND PROMOTE TRAIL ECONOMIC DEVELOPMENT IN THE CITY OF FAYETTEVILLE C.3 2020-0901 FAYETTEVILLE YOUTH CENTER, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF $225,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH AND CITIZENS OF FAYETTEVILLE FOR 2021 City of Fayetteville, Arkansas Page 6 Printed on 1112512020 City Council Meeting Final Agenda December 1, 2020 CA C.5 C.6 2020-0902 AREA AGENCY ON AGING OF NORTHWEST ARKANSAS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS IN THE AMOUNT OF $109,080.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE SENIOR CITIZENS OF FAYETTEVILLE FOR 2021 2020-0991 2021 SEVEN HILLS HOMELESS CENTER FUNDING: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER IN THE AMOUNT OF $113,400.00 FOR SERVICES TO HOMELESS AND NEEDY RESIDENTS IN FAYETTEVILLE IN 2021 2020-0990 MIKE PARKER COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH MIKE PARKER FOR CONSTRUCTION OF A SEWER LINE ALONG A PORTION OF NORTH SHADY LANE AND A PORTION OF PROPERTY NORTH OF WEST HOLLY STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $40,885.19 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,177.04 City of Fayetteville, Arkansas Page 7 Printed on 1112512020 City Council Meeting Final Agenda December 1, 2020 C.7 2020-0993 NWA LD, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH NWA LD, LLC FOR THE UPSIZING OF A PLANNED SEWER CREEK CROSSING ASSOCIATED WITH CRYSTAL SPRINGS SUBDIVISION PHASE IV WITH A REFUND IN AN AMOUNT NOT TO EXCEED $26,670.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,334.00 C.8 2020-0994 23 W 5TH STREET QOZB, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 23 W 5TH STREET QOZB, LLC FOR THE EXTENSION OF A SEWER LINE NEAR THE CORNER OF SOUTH BLOCK AVENUE AND WEST 5TH STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $16,898.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,379.60 C.9 2020-0984 AMEND 50.40 RATES FOR SERVICES: AN ORDINANCE TO AMEND § 50.40 RATES FOR SERVICES OF THE FAYETTEVILLE CITY CODE TO CHANGE THE COMMERCIAL CART SIZE FROM 95 GALLON TO 96 GALLON AND TO ENACT A LEASE FEE FOR THOSE CARTS City of Fayetteville, Arkansas Page 8 Printed on 1112512020 City Council Meeting Final Agenda December 1, 2020 C.10 C.11 C.12 C.13 2020-0997 RZN-2020-016 (1011 S. HOLLYWOOD AVE./WATSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-016 LOCATED AT 1011 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 1.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES 2020-1002 RZN 2020-019 (907 S. HOLLYWOOD AVE./WATSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-019 LOCATED AT 907 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 0.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES 2020-1003 RZN 2020-014(SE OF I-49 & WEDINGTON DR./MARINONI FARM): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-014 LOCATED SOUTHEAST OF I-49 AND WEDINGTON DRIVE FOR APPROXIMATELY 112.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; R-O, RESIDENTIAL OFFICE; AND C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN THOROUGHFARE AND CS, COMMUNITY SERVICES 2020-1004 RZN-2020-018 (310 & 325 N. FLETCHER AVE./MCDONALD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-018 LOCATED AT 310 AND 325 NORTH FLETCHER AVENUE FOR APPROXIMATELY 0.92 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE City of Fayetteville, Arkansas Page 9 Printed on 1112512020 City Council Meeting Final Agenda December 1, 2020 C.14 C.15 C.16 C.17 2020-1001 AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES: AN ORDINANCE TO AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES OF ARTICLE XXII ARTS COUNCIL OF THE FAYETTEVILLE CODE 2020-1036 ENACT ARTICLE XXXI COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADVISORY BOARD: AN ORDINANCE TO ENACT ARTICLE XXXI COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE 2020-1012 SHORT-TERM RENTAL REGULATIONS: AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF CHAPTER 118 BUSINESS REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING OF CHAPTER 162 USE UNITS, AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO PERMIT AND INSPECT THE RENTALS 2020-1054 CORONAVIRUS SAFETY PROTECTIONS AND IMPROVEMENTS: AN ORDINANCE TO CLARIFY THAT CORONAVIRUS SAFETY PROTECTIONS AND IMPROVEMENTS MAY BE REQUIRED BEFORE RENEWING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, AND TO APPROVE AN EMERGENCY CLAUSE D. City Council Agenda Session Presentations City of Fayetteville, Arkansas Page 10 Printed on 1112512020 City Council Meeting Final Agenda December 1, 2020 D.1 2020-1037 AGENDA SESSION PRESENTATIONS: SALES TAX REPORT - PAUL BECKER ENERGY REPORT - PETER NIERENGARTEN E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 11 Printed on 1112512020 City Council Meeting Final Agenda December 1, 2020 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff s presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall City of Fayetteville, Arkansas Page 12 Printed on 1112512020 City Council Meeting Final Agenda December 1, 2020 leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479)575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 13 Printed on 1112512020 w Q w w J J O U ou H co F— Z O ate' � yr/ \ C,c e` y , ZW 0 w Q F • / yU) X !` W y Aqf co40, T 1 0 TAT i EXISTING SHIN STREET SAI 1 ST. pq kA. A CITY OF FAYETTEVILLE ARKANSAS 1� W / U �• /' Z AID o RAINFOREST RD. k 1 I 1 SAIN STREET IMPROVEMENTS Legistar ID No.: 2020- 1055 AGENDA REQUEST FORM FOR: Council Meeting of December 1, 2020 FROM: Mayor Lioneld Jordan ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO APPROVE A CONTRACT WITH THE BANK OF FAYETTEVILLE, GREG HOUSE, FAYETTEVILLE DEPOT, LLC (AND POSSIBLY TED BELDEN) TO PURCHASE ABOUT ONE HALF ACRE IN THE DEPOT/ BANK LOT FOR $350,000.00, TO APPROVE A LEASE -TO -OWN ARRANGEMENT WITH GREG HOUSE FOR THE .2 ACRE LOT ON THE NORTH END OF THE CIVIC PLAZA, TO AGREE TO CONVEY TO GREG HOUSE THE OWNERSHIP OF ABOUT I4,000 SQUARE FEET OF THE BOTTOM FLOOR OF THE CITY'S PUBLIC PARKING DECK AND OTHER ITEMS, AND TO PASS AN EMERGENCY CLAUSE APPRO Mayor FOK AGENDA: City Attorney KAt Williams Date Date CITY OF FAYETTEVILLE ARKANSAS W MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond and Construction Projects DATE: 11 /24/2020 SUBJECT: Approval of a contract between Bank of Fayetteville/Depot Lot site for Public Parking Deck. RECOMMENDATION: Staff recommends approval of the contract which will authorize land purchase for the Replacement Parking Deck allowing the project to move forward and expedite the completion prior to beginning the Arts Corridor Civic Plaza Project. BACKGROUND: In April 2019, Fayetteville voters approved question 8 on the bond initiative for the new cultural arts corridor and replacement parking. Phase 1 Bonds allocated $20,016,970 for this first phase of the CAC and replacement parking. In January 2020, Council approved the mayor to sign a letter of intent with Sage Partners LLC for the purchase of .6 acres for a parking deck and conveyance of .2 acres on the north side of the plaza. February 2020, council was presented with contract terms for consideration. In May of 2020, Council approved an Engineering Services contract with Olsson Engineering for the Design of the Replacement Parking Deck May 2020, Council was presented individually concept designs and contract terms. June 2020, Council was presented at Agenda Session with Schematic Drawings of the Deck and updated contract terms. In June of 2020, Council Approved Change Order #2 for the CMAR services for the Replacement parking deck with Nabholz. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Over the past several months there has been many meetings, discussions and negotiations between Administration, Staff, City Attorney, Developers, Developers Attorney and Walton Arts Center. Those countless hours and hard work have resulted in a Contract that is a fair deal for the parties involved. The terms in this contract have included many of Individual Council member's items requested terms, as well as City Attorney Kit William's additional terms to best serve the City's Interest. Some of those terms include: • Conservation Easement for the Historic Portion of the Train Depot. • 7 years protection of the Arsaga's Building with no build over. • Enhancement of Arsaga's building. • Option to Purchase trail plaza section for trail/rail/and future mobility hub and verbiage for the time frame for that purchase of 7 years. • Lease to purchase agreement of north plaza space allows the City to maintain ownership of property for 4 years after completion of the deck and start of plaza. • Deck Liner to include 2000 sq.ft. PD substation owned by City. • 330 spaces to include 290 replacement parking spaces. • Verbiage to address time frame for 6t" and 7t" floor completions in 10 years • Civic plaza building design acceptable to the City • Transit Hub Bus Stops at Dixson and West Ave. BUDGET/STAFF IMPACT: N/A 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Paul Becker, Finance Director Wade Abernathy, Facilities Management Director FROM: Kit Williams, City Attorney DATE: November 23, 2020 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: City Attorney's proposed Contract for Bank of Fayetteville/Depot Lot Site for Public Parking Deck Last Friday I furnished you the last proposal I received from Greg House's attorney in October showing what they want the City Council to agree to give them in exchange for Greg's quarter acre. There are numerous issues with Mr. House's proposal, but let me point to just a few. Instead of providing the City an option to purchase the one floor ground area for a possible Transit Hub Building between the Depot and the freight building as part of our consideration valued far in excess of a half million dollars going to Mr. House from the City, he demands in his October proposal that the City pay for the commercial exterior finish for his 14,000 square foot, ground floor commercial space in our deck just for an option to purchase the Transit Hub's single story space for seven and a half years. I do not know how costly the commercial grade exterior finish would be, but I believe it would be many thousands of dollars. Mr. House then places the cost of the single story, ground floor space of the Transit Hub building "for a sum equal to $60 per square feet." According to Google and math that amounts to over Two Million Six Hundred Thousand Dollars ($2,600,000.00) per acre. The single story, ground floor area in our parking deck that Mr. House is receiving without any charge for the ground space is 14,000 square feet. Applying Greg House's proposed $60.00 per square foot value for single -story ground space equals Eight Hundred and Forty Thousand Dollars ($840,000.00). If you add that to the $250,000.00 cash payment to Mr. House and the almost certain conveyance of the .2 acre lot on the Civic Plaza appraised at $263,000.00, the City would be paying and conveying One Million Three Hundred Fifty Three Thousand Dollars ($1,353,000.00) to Greg House for his less than 1/4 acre lot. This does not even take into account Mr. House's right to build two addition stories on top of City's public parking deck for his exclusive use and benefit. Both of these floors are larger than his 14,000 square foot ground level commercial space. I should point out that the Administration rejects Greg House's valuation of $60 per square foot for the ground single -story area between the Depot and freight building for a future transit hub building. Thus, the 14,000 square feet of first floor ground space in the City's parking deck that Greg House would receive is also not fairly valued at $60 per square foot. The original Walton Arts Center Parking Lot (aka the West Avenue parking lot) was expressly and purposely built so patrons for popular performances at the Walton Arts Center could be assured of convenient parking. Indeed, a special provision of the bond and ballot language promised a continuation of such performance arts parking near the Walton Arts Center. Greg House's contract reads: "The Deck shall not be permitted to have more than fifty (50) parking spaces reserved for events occurring downtown at any given time." That limitation on the City's use of our own public parking deck might help Greg House to lure a hotel to locate on his property because the hotel could avoid the normal expense to build or acquire parking for its employees and guests. However, this would destroy the very reason this additional Ten Million Dollars was placed on the ballot and supported by the Walton Arts Center. The City will not accept any limitations on the City's ability to apportion the parking within the City's deck. I believe that our City should continue to work the Walton Arts Center to ensure its patrons will have sufficient reserved parking for its events. OA SUMMARY OF MOST IMPORTANT TERMS AND CONDITIONS IN OUR PROPOSED CONTRACT WITH GREG HOUSE (1) Greg House conveys slightly less than one quarter acre about one block north of Dickson Street. (2) Greg House conveys a conservation easement not to change the exterior, build over, nor obstruct the current view of the Depot from Dickson Street for the width of the Depot building. Greg continues to own, remodel, rent, and operate this building commercially as he has done for many years. For this slightly under one quarter acre and the Depot building protection, the City would pay or convey the value of the following: (1) Two Hundred and Fifty Thousand Dollars in cash ($250,000.00). (2) Most (14,000 square feet) of the ground story of the City's public parking deck. This is substantially larger than the whole portion of Greg House's asphalt lot that he is conveying to the City. (3) Lease -to -own the only developable lot on the Civic Plaza near Dickson Street appraised (conservatively) for Two Hundred Sixty -Three Thousand Dollars ($263,000.00). Rent forgiven if Food Hall built properly and timely. (4) Greg House's right to build one or two stories atop the City's Public Parking Deck for his exclusive use and profit. Those four extremely valuable items for Greg House were agreed to by our City staff and Greg House in the summer. That is why I have incorporated these terms into this proposed contract (attached) which the Mayor now recommends, and which I approve as probably within the City Council's discretion to accept and within the Council's legal duty to ensure any contract is fair to our citizens. I would have substantial legal concerns about any proposed contract if even more valuable items were added for Mr. House's benefit. Please remember that this is a no -bid situation which should require extra scrutiny of the terms by the City Council. The City Council has substantial discretion to determine whether any proposed contract is in the citizens' best interests. The City Council does have a duty to ensure our taxpayers receive at least reasonably fair value for the taxpayers' revenue and property. The City Council needs to act promptly and certainly before the end of 2020 on this proposed contract. If Greg House rejects any term in this very favorable contract or fails to sign it promptly, I recommend the City move the deck to another public parking lot. 3 CONTRACT TO PURCHASE ABOUT ONE HALF ACRE OF PROPERTY FROM THE BANK OF FAYETTEVILLE AND GREG HOUSE FOR THE CITY PUBLIC PARKING DECK SITE ON WEST AVENUE AND TO LEASE -TO -OWN TO GREG HOUSE AND TED BELDEN ABOUT ONE FIFTH OF AN ACRE ON THE NORTH SIDE OF THE CIVIC PLAZA NEAR DICKSON STREET PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT On this day of December 2020, the date that the Mayor of the City of Fayetteville, the authorized representative of the Bank of Fayetteville, Greg House and Ted Belden have all signed this contract and agreed to all of its terms and conditions, this contract becomes effective and enforceable. CITY OF FAYETTEVILLE'S COMMITMENTS TO THE BANK OF FAYETTEVILLE In exchange for all of the commitments, promises, terms and conditions within this contract, the City of Fayetteville hereby agrees and covenants with the Bank of Fayetteville as follows: (1) The City will provide up to Ten Million Dollars ($10,000,000.00) in bond funds for its costs associated with the purchase of the land, geotechnical and other preliminary testing and design work, and the design, construction and equipping of the City's public parking deck. (2) The City will purchase the portion of property owned by the Bank of Fayetteville (somewhat greater than one quarter of an acre) which is needed for the City's public parking deck's construction for One Hundred Thousand Dollars ($100,000.00). II BANK OF FAYETTEVILLE'S COMMITMENTS TO THE CITY OF FAYETTEVILLE In exchange for the One Hundred Thousand Dollars ($100,000.00) paid by the City of Fayetteville, the Bank of Fayetteville agrees as follows: The Bank of Fayetteville will sell and convey to the City of Fayetteville its property, as further described in Exhibit A to this contract, by general warranty deed free and clear of all easements except the five foot pedestrian ground easement on the north side of its property which shall not intrude upon the property needed for the construction or operation of the City public parking deck. III CITY OF FAYETTEVILLE'S COMMITMENTS TO GREG HOUSE, FAYETTEVILLE DEPOT, LLC AND/OR TED BELDEN In exchange for all of the commitments, promises, terms and conditions within this contract, the City of Fayetteville hereby agrees and covenants with Greg House, the Fayetteville Depot LLC, and/or Ted Belden as follows: (1) The City will provide up to Ten Million Dollars ($10,000,000.00) in bond funds for its costs associated with the purchase of the land, geotechnical and other preliminary testing and design work, and the design, construction and equipping of the City' s public parking deck. (2) The City will purchase the portion of the property owned by Greg House and/or the Fayetteville Depot, LLC (somewhat less than one quarter of an acre) also needed for the City's parking deck's construction (as further described in Exhibit B) for Two Hundred and Fifty Thousand Dollars ($250,000.00); and (3) The City will lease -to -own its about one fifth of an acre building site on the north area of the Civic Plaza next to Dickson Street (as further described in Exhibit C) for its appraised value of Two Hundred and Sixty -Three Thousand Dollars ($263,000.00) payable in 36 consecutive monthly payments of Seven Thousand Three Hundred and Five Dollars ($7,305.00) beginning on the effective date of this contract to Greg House and Ted Belden. The City shall not require these lease -to -own rental payments to be delivered by Greg House or Ted Belden to the City until the end of the three-year period after the beginning of this contract. The City will forgo this payment and forgive this Two Hundred Sixty -Three Thousand Dollar ($263,000.00) debt if: (A) All of the exterior including foundation, walls, windows, door, floors, stairways, elevators, roof and fourth floor rooftop deck of this about 18,000 square foot, three story Food Hall building with its fourth floor rooftop deck (constructed with the materials and in accordance with the design as depicted by Greg House's architect Rob Sharp in his presentation to the City Council and public) has been completed to a "white box" condition by the completion and opening to the public date of the Civic Plaza (the City Council by Resolution may in its sole discretion agree to changes proposed by House and/or Beldon in the original design and materials to be used); and (B) Within twelve (12) months after the completion and opening of the Civic Plaza, the Food Hall building must be completely finished, ready for customers and other tenants and operational to the satisfaction of the City Council in order to justify the City's forbearance and forgiveness of the accumulated rental payment debt of Two Hundred Sixty Three Thousand Dollars ($263,000.00) in consideration of the sales and HMR taxes and other K benefits that this operating Food Hall and other businesses or offices within this large Food Hall building should generate. (C) Upon the payment of Two Hundred Sixty -Three Thousand Dollars ($263,000.00) by Greg House and/or Ted Belden or their complete compliance with the requirements of (A) and (B) above to the City Council's satisfaction, the City agrees it will convey the about one fifth of an acre lot to Greg House and Ted Belden. Without House's and Belden's complete compliance of the requirements of (A) and (B) or their prompt payment of the full Two Hundred Sixty -Three Thousand Dollars ($263,000.00), the City may terminate the lease and sell or lease this .2 acre lot to another entity, or renegotiate with House and/or Belden. (4) In further consideration of the slightly less than one quarter acre parcel that Greg House d/b/a Fayetteville Depot, LLC will sell to the City for Two Hundred and Fifty Thousand Dollars ($250,000.00) and future probable conveyance of the City's one fifth of an acre lot appraised at Two Hundred and Sixty Three Thousand Dollars ($263,000.00) to Greg House (and possibly also to Ted Belden), the City also will convey condominium type rights to a designated portion of about 14,000 square feet on the ground floor of the City's public parking deck for Greg House's commercial space (which may also be used by Fayetteville Depot LLC as parking until leased or otherwise used as commercial space) subject to House's payment of the construction costs outlined below and within Greg House's, Fayetteville Depot, LLC's and Ted Belden's commitments in IV. (5) The City also agrees to pay 50% of costs to provide water/sewer main utility access to the Food Hall site that Greg House d/b/a Fayetteville Depot, LLC and/or Ted Belden plan to build on this .2 acre parcel; and (6) The City through its building construction contractor also agrees to pay Greg House d/b/a Fayetteville Depot, LLC $4,000.00 per month to rent the necessary staging area and construction space on the Depot lot needed for the construction of the City's public parking deck. (7) The City will further authorize Greg House and Ted Belden to build now or within ten (10) years of the date of this contract's approval floor six or floors six and seven above the City's public parking deck upon their payment of the full additional expense for the additional design and construction costs, including foundation and supporting walls strengthening and increased capacity; enhanced, enlarged and/or additional stairways and elevators deemed necessary or advisable by the City to serve their potential uses on the 61h and/or Ern and 7th floors; extension and support of utilities needed and advisable by the City to serve the additional floors; exterior facades for these floors which coordinate with and compliment the City's public parking deck exterior fagade; and compliance with all Unified Development Code requirements for the design, construction and uses allowed for this building. If Greg House and/or Ted Beldon or any other entity constructs the 61n 3 floor or the 7th floor after the City's public parking deck has been completed and is operational, they will be strictly liable for any damage occurring to the City's public parking deck during this construction. Any lay down, staging, or construction area needed or used for future construction of floor 6 and/or floor 7 must be on the Fayetteville Depot's property or other private property rather than on City property or right-of-way and shall not impede the City's use and operation of its public parking deck nor of the Fayetteville Police Substation. IV GREG HOUSE'S, FAYETTEVILLE DEPOT, LLC'S AND TED BELDEN'S COMMITMENTS TO THE CITY OF FAYETTEVILLE In exchange for Two Hundred and Fifty Thousand Dollars ($250,000.00), the lease -to - own and likely conveyance of the .2 acre building site appraised at Two Hundred and Sixty Three Thousand Dollars ($263,000.00), the free use of the about 14,000 square feet of ground level commercial space in the City's public parking deck, and all of the other commitments, promises, terms and conditions within this contract, Greg House, Fayetteville Depot, LLC and Ted Belden agree and covenant as follows: (1) Greg House, the Fayetteville Depot, LLC and Ted Belden promise and agree to sell and convey to the City of Fayetteville their property (somewhat less than one quarter of an acre) as described in Exhibit C to this contract by general warranty deed free and clear of all easements or title impairments. If Ted Belden does not claim any ownership rights to this parcel at the time of conveyance, he may satisfy his part of this conveyance duty by means of a separate quit claim deed to the City. (2) Greg House, the Fayetteville Depot, LLC and Ted Belden agree to the current general design of the City's public parking deck and agree to a condominium -type conveyance of the approximate 14,000 square foot ground floor commercial area designated in the plans of the City's public parking deck. Greg House and/or Ted Belden agree to pay for all associated costs to construct this 14,000 square foot commercial space (which includes the increased costs to construct the top 14,000 square feet of the City's public parking deck necessitated by Greg House's use of the ground floor commercial space). Greg House and Ted Belden agree to finish the exterior of this ground story 14,000 square foot commercial space to commercial standards as shown in the Lack and Hoffman presentation of the arcade, and main building. The City agrees to pay for exterior finishing to those standards for the approximate 2,000 square foot area on the ground floor for the Fayetteville Police Substation and the second floor of the arcade fagade facing West Avenue. (3) Greg House, Fayetteville Depot, LLC and Ted Belden agree to all of the requirements of paragraph III (7) regarding their duties and responsibilities if they wish to exercise their right to construct and use floor six and/or floors six and seven of the City's public parking deck. Failure of Greg House, Fayetteville Depot, LLC or Ted Belden to fully M pay for these additional design and construction costs needed to support and serve floors six and/or six and seven prior to construction of the foundation for the City's public parking deck terminates their rights to later construct these upper floors. (4) All parties agree that the City's main public parking deck building will abut the building now occupied by Arsaga's and be fifteen feet (15') from the West Avenue right-of-way, and that a two story "arcade" section shall fill that fifteen -foot (15') area up to the right- of-way with a finished exterior as shown in the Lack/Hoffman presentation. Greg House, Fayetteville Depot, LLC and Ted Beldon shall be responsible to pay to finish their ground floor section of the arcade and main building to commercial standards as depicted in the Lack/Hoffman presentation. The City shall pay to finish the Fayetteville Police Substation and the second floor of the arcade to that same standard. (5) Greg House, Fayetteville Depot, LLC, and/or Ted Belden further agree to pay all utility costs (initial construction and future use) necessitated by his 14,000 square feet of commercial space on the ground floor and any necessary utilities on floors 6 and/or seven if constructed. Utility costs necessary to serve the Fayetteville Police Department substation (about 2,000 square foot office on the ground floor) will be paid by the City. (6) Greg House, Fayetteville Depot, LLC and/or Ted Belden further agree, promise, and covenant as follows: (A) to provide access of the Transit Hub bus stops for both Dickson Street and West Avenue as illustrated on the MillerBoskus plan. (B) To provide an option to purchase for seven (7) years from the date of this contract for the ground floor area up to a height of fifteen feet (15') between the historic train depot and the freight building now occupied by Arsaga's from the railroad right-of-way to the eastern side of these building for use as a Transit Hub or other public use for the then current fair market value as determined by a qualified, professional, independent appraiser paid for by the City. (C) to convey to the City a permanent conservation easement for the historic depot train station building and all area from the railroad right-of-way to the eastern side of the depot building and from northern side of the historic depot to Dickson Street which will preserve the historic depot building in its current historic condition and prevent any construction above the historic depot building. This conservation easement shall also prohibit any construction upon or the parking of any large vehicles (such as food trucks) on the parking area south of the depot for the area between the railroad right-of-way to the eastern side of the depot building which could obstruct the public view of the historic train depot building from Dickson Street. (D) to refrain from substantially changing or building over the freight building or Hookah Bar space for seven years from the date of this contract, except that Greg House, Fayetteville Depot, LLC, and/or Ted Belden retain the right at their sole 5 expense to construct a roof properly and safely attached on an agreed location on the rear of the City's public parking deck over the freight building to create a one story outdoor covered space. V GENERAL COMMITMENTS FOR ALL PARTIES WHO AGREE AS FOLLOWS: (1) Access to Entire Property. Cross easements for all property currently owned by any party or the subject of this contract shall be provided by all parties to facilitate access and development throughout this site. (2) Closing Date and Place. Closing shall occur within 60 days following the date this Contract has been approved by all parties. The Closing shall occur at 113 West Mountain Street, Fayetteville, Arkansas in a room supplied by the City of Fayetteville or at another location agreed upon by the parties. The Closing Date may be extended upon the mutual agreement of the parties. (3) Date of Possession. Possession of the building site described in Exhibit A and Exhibit B shall be delivered to the City of Fayetteville on the Closing Date free of any tenancies or other third party possessory rights. (4) Possession of Lease Site. Possession through the lease -to -own of the .2 acre site on the Civic Plaza will be delivered to Greg House, Fayetteville Depot, LLC, and/or Ted Belden upon the City's public parking deck completion, and the start of the City's full construction of the West Avenue Parking Lot into the Civic Plaza. (5) Title Insurance. (a) The Bank of Fayetteville shall order a title commitment for its property described in Exhibit A as soon as practicable following the full execution of this contract through Bronson Abstract. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), The Bank shall have thirty (30) days from the date of the City notice of such defects to make a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If such defects are not cured within thirty (30) days, the City may terminate this agreement or may, at its election, take title subject to any such defects. The cost of the title commitment and the cost of the owner's title policy shall be borne by the Bank. (b) Greg House, Fayetteville Depot, LLC and/or Ted Belden shall order a title commitment for its property described in Exhibit B as soon as practicable following the full execution of this contract through Bronson Abstract. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), Greg House and 0 Fayetteville Depot, LLC shall have thirty (30) days from the date of the City notice of such defects to make a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If such defects are not cured withi} thirty (30) days, the City may terminate this agreement or may, at its election, take title subject to any such defects. The cost of the title commitment and the cost of the owner's title policy shall be borne by Greg House, Fayetteville Depot, LLC and/or Ted Belden. (6) Deed, Taxes, Closing Costs and Other Documents. (a) On the Closing date, The Bank of Fayetteville shall convey marketable and insurable title to the property described in Exhibit A by general warranty deed, free and clear of all liens, restriction, and encumbrances except easements and rights - of -way of record, or as provided in this contract. (b) On the Closing date, Greg House and the Fayetteville Depot, LLC (and Ted Belden if applicable) shall convey marketable and insurable title to the property described in Exhibit B by general warranty deed, free and clear of all liens, restriction, and encumbrances except easements and rights -of -way of record, or as provided in this Contract. (7) Taxes and Special Assessments. Taxes and special assessments due for the parcels on or before the date of closing shall be paid by the party selling the parcel. Ad valorem taxes shall be prorated as of the date of closing. All parties shall share equally the cost of a reasonable closing fee imposed by Bronson Abstract and the sellers shall be responsible for any revenue stamps resulting from this transaction. All recordings fees for the deeds and other documents that need to be filed shall be the responsibility of the benefited party. (8) Risk of Loss. Risk of loss as to all property to be conveyed shall remain with the party who owns the tract until the Closing date. (9) All Parties' Due Diligence. All parties may enter upon the property to be conveyed or leased to conduct any surveying, testing or inspection it deems necessary to ensure the property will be appropriate and safe. If any party discovers any problems that would adversely impact its development and use of the property, that party shall notify all other parties within thirty (30) days of the date of this contract and shall be granted thirty (30) days to remediate any problem. Any party may also terminate this contract without penalty rather than remediating any problem or issue discovered. (10) Notices required by this Contract shall be in writing and shall be delivered to: City of Fayetteville ATTN: Mayor's Office 113 W. Mountain Street Fayetteville, AR 72701 Ma or Ua etteviIle-ar: Gov Greg House and Fayetteville Depot, LLC Ted Belden mailing address email address 7 mailing address email address (11) Authority. Each of the undersigned individuals represents and warrants that they are authorized to enter into this contract on behalf of themselves or their respective entities and that execution hereof will bind all parties to this contract. (12) Counterparts. This contract may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. (13) Scanned Signature. For purposes of executing this contract, a scanned signature shall be as effective an as actual signature. (14) Applicable Law. This contract shall be construed and enforced in accordance with the laws of the State of Arkansas with venue in Washington County, Arkansas. (15) Survival. The representations, commitments, and agreements of the parties contained herein shall survive the closing date. (16) No Waivers. The waiver by any party hereto of any commitment, condition, or the breach of any term, covenant or commitment herein contained shall not be • deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. (17) Time of Essence. Time is of the essence in this contract. (18) Complete Agreement. All understandings and agreements heretofore existing between the parties are merged into this contract that alone fully and completely expresses their agreement. This contract may be changed only in writing signed by all of the affected parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deeds delivered to the City at closing. IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this contract and after being properly authorized by the Fayetteville City Council, the Mayor and City -Clerk Treasurer of the City of Fayetteville, Arkansas, sign their names below: CITY OF FAYETTEVILLE, ARKANSAS ATTEST: By: By: Lioneld Jordan, Mayor Kara Paxton, City Clerk -Treasurer Date: 8 IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this contract, after being properly authorized to sign for Fayetteville Depot, LLC and any other entity, we sign their names below: Greg House for himself individually and as proper legal representative or managing partner or agent of Fayetteville Depot, LLC. Date: Greg House Ted Belden, for himself individually, and for any entity for which he has legal authority to approve this contract Date: Ted Belden IN AGREEMENT WITH ALL OF THE TERMS AND COMMITMENTS within Sections I, II and V of this contract, after being properly authorized by the Bank of Fayetteville and its parent company, I sign below: BANK OF FAYETTEVILLE Signature of responsible officer Printed name Title 0 Date: Legistar ID No.: 2020-1036 AGENDA REQUEST FORM FOR: Council Meeting of December 1, 2020 FROM: Council Member Kyle Smith ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO ENACT ARTICLE XXXI COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE APPROVED FOR AGENDA: 11/19/2020 Council Member Kyle Smith Date Asst. City Attorney Blake Pennington Date Approved as to form ORDINANCE NO. AN ORDINANCE TO ENACT ARTICLE XXXI COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE WHEREAS, the City has had increased public interest in supporting low- and moderate -income residents with the challenges of housing affordability and low wages; and WHEREAS, the Northwest Arkansas Continuum of Care, of which the City of Fayetteville is a member, has made a commitment to ending homelessness in Fayetteville by 2025; and WHEREAS, Fayetteville has been supporting low- and moderate -income residents as a Community Development Block Grant ("CDGB") entitlement city for more than 40 years; and WHEREAS, 24 C.F.R. § 91.105 was amended in 2015 to encourage greater citizen participation in the development of CDBG plans and reports and expanding the committee to include diverse representatives of the community will be of great benefit to the residents of Fayetteville, particularly the low- to moderate -income residents who benefit the most from CDBG funds. WHEREAS, the City of Fayetteville's CDBG grant ranking committee is currently comprised of only City staff members; and WHEREAS, the City of Fayetteville has a longstanding tradition of transparency and community involvement via resident advisory boards; 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 XXXI Community Development and Assistance Programs Advisory Board in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: "33.430 Purpose The purpose of the Community Development and Assistance Programs Advisory Board is to: (A)Promote community involvement in the prioritization of community development initiatives; (B) Improve community awareness of the community development and public assistance programs provided by the City of Fayetteville. (C) Advise the Community Resources Division and the City Council on the proposed use of Community Development Block Grant and other grant funds. 33.431 Composition; Membership (A) The Community Development and Assistance Programs Advisory Board shall consist of seven voting members as follows: (1) Six voting members appointed by the City Council as follows: (a) One member involved in housing services. (b) One member involved in homelessness services. (c) One member involved with community food systems (d) One member representing local small business. (e) Two members shall be residents at large. (2) One voting member shall be a staff member appointed by the Mayor. (B) Appointments should be made with consideration of appropriate demographic representation of the residents of Fayetteville, and to encourage the participation of low- to moderate- income residents served by the relevant programs. (C) The members appointed by the City Council shall serve for a term of three years ending on December 31. Appointments shall be staggered. (D) Additional non -voting staff members or organizational advisors may be designated by the Mayor or invited by the committee to assist the board in the conduct of its business. 33.432 Officers At the first regularly scheduled meeting of each calendar year the board shall elect from among its members a chairperson and vice -chairperson, who shall each serve until the end of that calendar year. The board may elect such additional officers as it deems necessary for the proper performance of its duties. 33.433 Powers and Duties (A) The Community Development and Assistance Programs Advisory Board shall: (1) Make recommendations to the Mayor and City Council regarding the priorities of the city's efforts to serve low- and moderate -income residents; (2) Participate in the development of the Community Development Blog Grant 5-year Plans, or intermediate amendments, for adoption by the City Council; (3) Provide a venue for Housing and Urban Development -mandated public hearings and to review comments received during HUD -mandated public comment periods; (4) Receive Consolidated Annual Performance and Evaluation Reports; (5) Analyze requests for funds in relation to the needs of the community and the amount of funds available and make recommendations to the Mayor and City Council as to which programs should be funded and at which levels in any given year; (6) Promote public awareness of funding opportunities and processes through proactive community outreach efforts; (7) Identify additional revenue sources including, but not limited to state and federal grants, non-profit grants, or community partnerships. (B) The Board may adopt such rules of order and procedure as are necessary to carry out its duties. (C) Board members with a direct or indirect financial interest in any eligible agency shall recuse themselves from discussion and voting on subgrant awards for which their agency has applied. 33.434 Meetings (A) Meetings shall be held at least monthly. Additional meetings shall be held as needed to review and make recommendations on applications, to meet U.S. Department of Housing and Urban Development regulations regarding required schedules for timely distribution of funds, and to comply with mandatory timelines for public review and comment on proposed plans. (B) The Board shall review its meeting schedule and public comment rules at the first meeting each calendar year to minimize barriers for participation by low-income residents. (C) Meetings shall be open to the public and records shall be kept in accordance with state and federal law. (D) Inability or failure of the Board to meet shall not prevent the Mayor or staff from taking action in response to emergency funding opportunities available from the U.S. Department of Housing and Urban Development or other sources." PASSED and APPROVED this APPROVED: an day of ATTEST: am iff LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer Ll� DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council FROM: Blake Pennington, Assistant City Attorne- DATE: November 20, 2020 Y� RE: Community Development and Assistance Programs Advisory Board ,u c> Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Community Resources Director Yolanda Fields provided a copy of Councilmember Smith's proposed ordinance to her U.S. Department of Housing and Urban Development contact in Arkansas. HUD has advised that such a change will require an amendment to the City's Citizen Participation Plan, a copy of which is attached for your reference. The Citizen Participation Plan is required by 24 CFR § 91.105 for the City to accept and disburse CDBG money. Page 1 provides that "the City will provide citizens with an opportunity to comment on any substantial amendments to the Citizen Participation Plan." The specific provisions for making amendments to plans begin on page 3 of the attachment. I have suggested, and Councilmember Smith has agreed, that a delayed effective date for this ordinance, if approved, will allow staff to follow the steps required to make the necessary amendment to the Citizen Participation Plan. Those additional steps are as follows: 1. The Community Resources Division will draft the necessary amendment to the Plan providing for the Board's involvement in the CDBG processes. 2. The City must publish the amendment in the newspaper and make it available for review on the City website. 3. The public will have 30 days in which to provide any comments to the amendments. This may include a public hearing. 4. The amended Plan will be submitted to HUD for final approval along with a summary of any comments that were submitted and the Citys response to those comments. It is important to have a final version of the City Council's policy direction on this so the City can draft and publish the proposed amendment to the Citizen Participation Plan. Therefore, attached is a revised ordinance with a new Section 2 as follows: "Section 2: That the City Council of the City of Fayetteville, Arkansas determines that this ordinance shall take effect on February 28, 2021, to allow City staff time to amend the Community Development Block Grant Citizen Participation Plan and receive approval from the US Department of Housing and Urban Development; and requests the City Clerk Treasurer, and the Nominating Committee take appropriate steps to advertise open positions, interview applicants and make appointments for Community Development and Assistance Programs Advisory Board terms beginning on April 1, 2021." Ii CITY OF FAYETTEVILLE ARKANSAS CITIZEN PARTICIPATION PLAN 24 CFR 91 (SEC. 91.105) APPLICABILITY The legislation which created the Community Development Block Grant (CDBG) Program and regulation implementing it encourages citizen participation in planning, carrying out and evaluating local CDBG activities. As the regulation gives maximum feasible priority to activities which benefit low- to moderate -income persons, this Citizen Participation Plan especially provides for and encourages participation of low- to moderate- income families and individuals living in low- to moderate -income areas of the City of Fayetteville. CITIZEN PARTICIPATION The City will take whatever actions are appropriate to encourage its citizens including (a) Minorities and non-English speaking persons (b) Persons with disabilities (c) Residents of public and assisted housing developments (d) Extremely low, very low, low and moderate -income individuals and families (e) Residents living in slum and blighted areas (f) Areas where CDBG funds are proposed to be used (g) Residents in predominantly low- to moderate -income neighborhoods, along with other low- income residents of the City (h) Particularly residents in Southeast Fayetteville which is the targeted revitalization area The City encourages the participation of its residents in the process of developing the (a) Consolidated Plan and Annual Action Plans (b) Substantial Amendments to the Plan (c) Consolidated Annual Performance and Evaluation Report (d) Citizen Participation Plan and any amendments to the plan The City will provide citizens with an opportunity to comment on any substantial amendments to the Citizen Participation Plan. Ii CITY OF FAYETTEVILLE ARKANSAS ACCESS TO INFORMATION The City will make available to citizens, public agencies and other interested parties the amount of assistance the City expects to receive from CDBG grants and program income. The City will provide an estimated amount that will benefit persons whose income levels range from low- to moderate -income levels. Citizens, public agencies and other interested parties, especially those most affected, will have the opportunity to receive information, review and submit comments on any submission concerning the proposed activities. COMMENT PERIODS The City encourages its citizens to comment during the development of the Consolidated Plan and Annual Action Plans prior to submission. A summary of all comments and views shall be attached to the final Consolidated Plan and Annual Action Plans. The comment period from citizens and groups will be 30 days, unless waived by HUD, with the dates listed in the Public Comment and Hearing advertisement for the Consolidated Plan and Annual Action Plans that is published in the Northwest Arkansas Democrat Gazette, La Prensa Libre and on the City website. The City will consider any comments or views of citizens, received in writing or orally during the public comment period and at the public hearing, in preparing the final Consolidated Plan and Annual Action Plans. A summary of all comments and views shall be attached to the Consolidated Plan and Annual Action Plans. The City will provide timely written replies to complaints and grievances; within 15 days when practical. PUBLISHING A summary of the proposed Consolidated Plan and Annual Action Plans will be published in the Northwest Arkansas Democrat Gazette, La Prensa Libre and on the City website. The summary shall describe the contents and the purpose of the Consolidated Plan and Annual Action Plans and identify the locations where the entire proposed Consolidated Plan and Annual Action Plans may be examined. Copies of the Consolidated Plan and Annual Action Plans will be made available at the Community Resources Office, the City Clerk's Office and on the City website. A digital copy of the plan will be made available to citizens or groups that request it. AMENDMENTS The City shall amend its approved plan whenever it makes one of the following decisions (a) A change in its allocation priorities (b) A change in its method of distribution of funds (c) To carry out a new activity using funds, from any program covered by the Consolidated Plan and Annual Action Plans not previously described in the approved plan (d) To change the purpose, scope, location or beneficiaries of an activity Ii CITY OF FAYETTEVILLE ARKANSAS AMENDMENTS continued The City encourages its citizens to comment on substantial amendments to the plan. A substantial amendment is a change in the allocation of $100,000.00 or greater and a change in the use of CDBG funds. The City shall make the amendment available to the public. The comment period from citizens and groups will be 30 days, unless waived by HUD, with the dates listed in the Public Comment advertisement published in the Northwest Arkansas Democrat Gazette and the City website. The amendment will not be implemented until the comment period has elapsed. The City shall consider all comments and views of citizens on the amendment submitted in writing or orally. A summary of all comments and views, as well as, a summary of any comments and views not accepted and the reasons therefore, shall be attached to the substantial amendment of the Consolidated Plan and Annual Action Plans. The City shall notify the Department of Housing & Urban Development (HUD) that an amendment has been made. PERFORMANCE REPORTS The City encourages its citizens to comment on performance reports The Consolidated Annual Performance and Evaluation Report (CAPER) will be made available to the public. A notice will be published in the Northwest Arkansas Democrat Gazette & La Prensa Libre that the performance report is available for comment. Copies of the CAPER will be made available at the Community Resources Office, the City Clerk's Office and on the City website. The Community Development Office will accept comments for 30 days, with the dates specified in the notices published in the Northwest Arkansas Democrat Gazette, La Prensa Libre and the City website. The City shall consider all comments and views of citizens submitted in writing or orally during the comment period. A summary of all comments and views shall be attached to the Consolidated Annual Performance and Evaluation Report. Ii CITY OF FAYETTEVILLE ARKANSAS PUBLIC HEARINGS The City will provide a minimum of two public hearings during each program year, with one held before the proposed Consolidated Plan or Annual Action Plan are submitted to HUD. These hearings will be conveniently timed and located for people who might or will benefit from program funds. The hearings will be held in an area that is accessible to people with disabilities. The hearings will be adequately publicized. The hearings will be held to obtain views of citizens, public agencies and other interested parties that will or may be affected by program funds. In the case of a public hearing where a significant number of non-English speaking persons are expected a bilingual (English/Spanish) speaking person shall be present. DISPLACEMENT The City plans to minimize displacement of persons and will assist any persons displaced. The City expects no displacements to occur. TECHNICAL ASSISTANCE Technical assistance will be provided to groups that request assistance in developing a proposal under the Consolidated Plan or Annual Action Plan submission. The assistance shall be provided by Community Development Program staff. A bilingual (English/Spanish) speaking person shall be made available to non-English speaking persons. ADDRESS All comments and complaints may be made in writing, via email, or by phone: City of Fayetteville Community Resources Division Attn: Yolanda Fields, Community Resources Director 113 W Mountain Street Fayetteville, Arkansas 72701 yfields(cDfayetteville-ar.gov (479) 575-8260 ORDINANCE NO. AN ORDINANCE TO ENACT ARTICLE XXXI COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE WHEREAS, the City has had increased public interest in supporting low- and moderate -income residents with the challenges of housing affordability and low wages; and WHEREAS, the Northwest Arkansas Continuum of Care, of which the City of Fayetteville is a member, has made a commitment to ending homelessness in Fayetteville by 2025; and WHEREAS, Fayetteville has been supporting low- and moderate -income residents as a Community Development Block Grant ("CDGB") entitlement city for more than 40 years; and WHEREAS, 24 C.F.R. § 91.105 was amended in 2015 to encourage greater citizen participation in the development of CDBG plans and reports and expanding the committee to include diverse representatives of the community will be of great benefit to the residents of Fayetteville, particularly the low- to moderate -income residents who benefit the most from CDBG funds. WHEREAS, the City of Fayetteville's CDBG grant ranking committee is currently comprised of only City staff members; and WHEREAS, the City of Fayetteville has a longstanding tradition of transparency and community involvement via resident advisory boards; 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 XXXI Community Development and Assistance Programs Advisory Board in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: "33.430 Purpose The purpose of the Community Development and Assistance Programs Advisory Board is to: (A)Promote community involvement in the prioritization of community development initiatives; (B) Improve community awareness of the community development and public assistance programs provided by the City of Fayetteville. (C) Advise the Community Resources Division and the City Council on the proposed use of Community Development Block Grant and other grant funds. 33.431 Composition; Membership (A) The Community Development and Assistance Programs Advisory Board shall consist of seven voting members as follows: (1) Six voting members appointed by the City Council as follows: (a) One member involved in housing services. (b) One member involved in homelessness services. (c) One member involved with community food systems (d) One member representing local small business. (e) Two members shall be residents at large. (2) One voting member shall be a staff member appointed by the Mayor. (B) Appointments should be made with consideration of appropriate demographic representation of the residents of Fayetteville, and to encourage the participation of low- to moderate- income residents served by the relevant programs. (C) The members appointed by the City Council shall serve for a term of three years ending on December 31. Appointments shall be staggered. (D) Additional non -voting staff members or organizational advisors may be designated by the Mayor or invited by the committee to assist the board in the conduct of its business. 33.432 Officers At the first regularly scheduled meeting of each calendar year the board shall elect from among its members a chairperson and vice -chairperson, who shall each serve until the end of that calendar year. The board may elect such additional officers as it deems necessary for the proper performance of its duties. 33.433 Powers and Duties (A) The Community Development and Assistance Programs Advisory Board shall: (1) Make recommendations to the Mayor and City Council regarding the priorities of the city's efforts to serve low- and moderate -income residents; (2) Participate in the development of the Community Development Blog Grant 5-year Plans, or intermediate amendments, for adoption by the City Council; (3) Provide a venue for Housing and Urban Development -mandated public hearings and to review comments received during HUD -mandated public comment periods; (4) Receive Consolidated Annual Performance and Evaluation Reports; (5) Analyze requests for funds in relation to the needs of the community and the amount of funds available and make recommendations to the Mayor and City Council as to which programs should be funded and at which levels in any given year; (6) Promote public awareness of funding opportunities and processes through proactive community outreach efforts; (7) Identify additional revenue sources including, but not limited to state and federal grants, non-profit grants, or community partnerships. (B) The Board may adopt such rules of order and procedure as are necessary to carry out its duties. (C) Board members with a direct or indirect financial interest in any eligible agency shall recuse themselves from discussion and voting on subgrant awards for which their agency has applied. 33.434 Meetings (A) Meetings shall be held at least monthly. Additional meetings shall be held as needed to review and make recommendations on applications, to meet U.S. Department of Housing and Urban Development regulations regarding required schedules for timely distribution of funds, and to comply with mandatory timelines for public review and comment on proposed plans. (B) The Board shall review its meeting schedule and public comment rules at the first meeting each calendar year to minimize barriers for participation by low-income residents. (C) Meetings shall be open to the public and records shall be kept in accordance with state and federal law. (D) Inability or failure of the Board to meet shall not prevent the Mayor or staff from taking action in response to emergency funding opportunities available from the U.S. Department of Housing and Urban Development or other sources. Section 2: That the City Council of the City of Fayetteville, Arkansas determines that this ordinance shall take effect on February 28, 2021, to allow City staff time to amend the Community Development Block Grant Citizen Participation Plan and receive approval from the US Department of Housing and Urban Development; and requests the City Clerk Treasurer, and the Nominating Committee take appropriate steps to advertise open positions, interview applicants and make appointments for Community Development and Assistance Programs Advisory Board terms beginning on April 1, 2021." PASSED and APPROVED this APPROVED: day of , 20 ATTEST: By: By: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer Legistar ID No.: 2020-1054 AGENDA REQUEST FORM FOR: Council Meeting of December 1, 2020 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO CLARIFY THAT CORONAVIRUS SAFETY PROTECTIONS AND IMPROVEMENTS MAY BE REQUIRED BEFORE RENEWING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, AND TO APPROVE AN EMERGENCY CLAUSE APPROVED FOR AGENDA: City Attorney Kit Williams Date 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kara Paxton, City Clerk Kara Paxton CC: Susan Norton, Chief of Staff Chief Reynolds FROM: Kit Williams, City Attorney DATE: November 20, 2020 RE: Coronavirus Safety Regulations for Horse Drawn Carriage Operations Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal The City Administration wants to ensure persons or companies desiring to furnish holiday carriage rides for our citizens and visitors will follow CDC, State Department of Health, City Board of Health and other reasonable guidelines to protect the health and safety of their customers. In order to clarify the City's inherent power to require these necessary pandemic safety measures before an applicant can renew a Certificate of Public Convenience and Necessity, I have drafted a short amendment to Article VII Nonmotorized Passenger Transport Vehicles. I am recommending that the City Council amend §117.18 License Fees not only to require a fee, but to include a provision requiring reasonable pandemic emergency regulations in order to renew a Certificate of Convenience and Necessity. This proposed regulation would require an applicant or holder of a Certificate to require face mask wearing of all customers during their ride. It would also require occupancy limits to a single household family and social distancing for customers waiting to ride the carriage. It would also require an operator to disinfect the carriage after each ride. I have also included an Emergency Clause so these regulations would become effective immediately. -� FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS 117.81 Nonmotorized passenger transport service. The business of offering or providing transportation of Persons for hire, either in a nonmotorized transport vehicle or on horseback, camelback or dromedaryback, when- (1) A driver of handler is furnished as part of the service; and (2) The service is offered only in accordance with a pre -approved route. NOnmetorized passenger transport vehicle drivers permit. A permit issued to an individual by the Chief of Police to operate a nonmotorized passenger transport vehicle or hire in the city. Operate. To drive or be in physical control of a nonmotorized passenger transport vehicle. Permittee. An individual who has been issued a nonmotorized passenger transport vehicle driver's permit under this article. Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two or more persons having a common economic interest. Preapproved route. Nonmotorized passenger transport service operating on a predetermined schedule with fixed pickup and destination points located on a route approved by and on file with the Traffic Superintendent. (Ord. No. 3931, §2, 10-3-95; Ord. No. 4396,§1, Ex.A, 5-21-02; Code 1991, §117.80; Ord. No. 4939, 10-17-06; Ord. No. 5346, 8-17-10) 117,81 Certificate Of Public Convenience And Necessity (A) No person shall operate a nonmotorized passenger transport service within the city without first obtaining a current Certificate of Public Convenience and Necessity from the Public Transit Board established by § 33.320 of the Code of Fayetteville. (B) To obtain a Certificate of Public Convenience and Necessity for a nonmotorized passenger transport service, a person who owns, controls or operates a proposed nonmotorized passen- ger transport service, must submit a proposal which shall be verified and contain the following information: (1) A statement of the type of nonmotorized passenger transport service for which applica- tion is made; (2) The form of business of the applicant; if the business is a corporation or association, a copy of the documents establishing the business, and the name and address of each person with a direct interest in the business; (3) The name, address, and verified signature of the applicant; (4) A description of any past business experience of the applicant, particularly in providing Passenger transportation service; (5) The number and description of vehicles the applicant proposes to use in the operation of the service including year, make, model, manufacturer's rated seating capacity, and state license registration number for each vehicle; CD117:17 117.81 FAYETTEMLLE CODE OF ORDINANCES TITLE A BUSINESS REGULATIONS (6) The number of horses, camels, or dromedaries the applicant proposes to use in the operation of the passenger transport service with a description, including age, color an breed or photograph and a state certificate of veterinarian inspection of each horse, camel or dromedary; (7) A description of the proposed service, including routes, rates or fares to be charged, and schedules, where applicable; (8) Documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this chapter. (9) Such additional information as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted; and, (10) Such additional information as may be determined to be necessary to assist or promote the implementation or enforcement of this ordinance, or the protection of the public safety. (C) In deciding whether to issue or deny an application for a Certificate of Public Convenience and Necessity to operate a nonmotorized passenger transport service, the Public Transit Board shall consider, but not be limited to, the following: (1) Whether the public convenience and necessity requires the proposed service; (2) Whether the applicant has complied with all requirements of this ordinance for providing the service applied for; (3) The current safety record of the applicant, and the previous safety record, if the applicant has operated a nonmotorized passenger transport service in the past. (4) Number and description of all nonmotorized passenger transport vehicles to be used, where applicable; (5) Number and description of all horses, camels and dromedaries to be used; (6) If nonmotorized passenger transport vehicles are employed, the number of passengers that may be safely transported in each vehicle based on the size of the vehicle and the type of horse pulling it; (7) Customers to be served; (8) Places for loading or unloading passengers; (9) Hours of operation; (10) Schedules and routes to be followed; (11) Rates to be charged; (12) The use of special safety equipment. (13) The use of the special sanitary devices and special care procedures for horses, camels and dromedaries; and (14) Special conditions or limitations. CD117:18 FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS 117.83 (D) The Public Transit Board shall issue a Certificate of Public Convenience and Necessity to the applicant, if it is determined that: (1) The applicant has complied with all requirements for issuance of the certificate; (2) That public convenience and necessity require the operation of the proposed service; and (3) The applicant has not made a false statement as to a material matter in an application for a certificate. (E) Ifthe Public Transit Board determines that the requirements set forth above have not been met, the Public Transit Board shall deny the certificate. (Ord. No. 3931, §4, 10-3-95; Ord. No. 4396, §1, Ex. A, 5-21-02; Code 1991, §117.81; Ord. No. 4939, 10-17-06) 117.82 Route Approval (A) All routes shall be approved by the city'. Traffic Superintendent. A Holders shall submit to the city's Traffic Superintendent all requests for temporary changes in authorized routes, hours of operation, 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. (Ord. No. 3931. §5, 10-3-95; Ord. No. 4396, §1, Ex. A, 5-21-02) 117.83 Nonmotorized Passenger Transport Vehicle Drivers Permit (A) No person shall operate a nonmotorized passenger transport vehicle for hire upon the streets of the city, and no person who owns or controls a nonmotorized passenger transport vehicle shall permit it to be so operated, and no nonmotorized passenger transport vehicle licensed by the city shall be so operated at any time for hire, unless the driver of said vehicle shall have first obtained and shall have then in force a nonmotorized passenger transport vehicle drivers permit issued under the provisions of this article. (B) Drivers Permit Required. (1) An application for a nonmotorized passenger transport vehicle drivers permit shall be filed with the Chief of Police on forms provided by the city and such application shall be verified under oath and shall contain the following information: (a) 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; and (b) A concise history of his/her employment; (C) The Police Department shall conduct an investigation of each applicant for a nonmotorized passenger transport vehicle 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. CD117:19 FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS 117.89 or qualified animal service officer is in imminent danger. To reinstate a horse, camel or dromedary removed from service the animal must be re-examined and a new State Certificate of Veterinarian Inspection must be submitted to the animal control officer. (4) For purposes of this section, a horse, camel or dromedary is considered to be working any time it is on the public street or sidewalk, or other public right-of-way, during any hour Of operation of the nonmotorized passenger transport service that is authorized by and on rile with the Traffic Superintendent. (B) Vehicle Inspection and Maintenance. Each vehicle shall comply with all the safety require- ments imposed by all slate, federal or local laws applicable to the vehicle involved. (C) Required Equipment. (1) NOnmOtolized Passenger Transport Vehicles. (a) A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each nonmotorized passenger transport vehicle- (i) Headlights; (it) Taillights; (iii) Flashing lights; (iv) Approved braking system; (v) Rubber on all wheels; NO A "slow moving vehicle" sign attached to the rear of the vehicle; (vii) Evidence of insurance: (viii) A copy of this article. (2) Helmets. Unless the operator, holder, or handler of a pony, horse, camel or dromedary ride keeps all of its mounted ponies, horses, camels or dromedaries adequately and safely tethered to a ring apparatus, the operator, holder or handler shall ensure that every rider wears an equestrian or bicycle -type safety helmet while riding on horseback, camelback or dromedaryback. (Ord. No. 3931, §9, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02; Code 1991, §117.87; Ord. No. 4497 06-17-03; Ord, No. 4939, 10-17-06) 117.88 Transfer Of Certificate No Certificate of Public Convenience and Necessity maybe sold, assigned, mortgaged, or otherwise transferred without the consent of the Public Transit Board. (Ord. No. 3931, §10, 10-3-95; Ord. No. 4396, Ex, A, 5-21-02; Code 1991, §117.88) 117.89 License Fees No certificate shall be issued or continued in operation unless the holder thereof has paid annual license fee of $250.00 for the right to operate a nonmotorized passenger transport service under a CD117:23 117.89 FAYETTEVILLE CODE OF ORDINANCES TITLE A BUSINESS REGULATIONS Certificate of Public Convenience and Necessity. The license fees shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to the holder. (Ord. No. 3931, §11, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02; Code 1991, §117.89) 117.90 Suspension, Revocation Of Certificate (A) A certificate issued under the provisions of this article may be revoked or suspended by the Public Transit Board 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. (Ord. No. 3931, §12, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02) 117.91 A.D.A. Compliance Holder shall comply with all applicable provisions of the Americans with Disabilities Act. (Ord. No. 3931, §13, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02; Coda 1991, §117.91) 117.92 Authority To Summon Veterinarian The Police Department is hereby authorized to immediately summon the City Veterinarian (or other licensed veterinarian as available) if at any time an officer reasonably believes a horse, pony, camel or dromedary is ill, overtired, undernourished, overloaded, injured, or lame or whose health or life may otherwise be in imminent danger. (Ord. No. 3931, §14, 10-3-95: Ord. No. 4396, Ex. A, 5-21-02; Code 1991, §117.92; Ord. No. 4939, 10-17-06) ARTICLE Vill LIGHTS OF THE O ARKS 117.93 Lights Of The Ozarks (A) Establishment, Location and Parking Restrictions. The Lights of the Ozarks celebration is hereby established in the city as an annual celebration beginning after the end of Farmers' Market (around Thanksgiving) and running through January 1 of the next year. This event shall be located on those interior parking spaces (adjoining the Old Post Office) of the Downtown Square and on the sidewalks adjoining those parking spaces as well as those portions of the Town Center Plaza needed for this event's success. The block of East Avenue between Mountain Street and Center Street may be restricted to horse-drawn carriages, pony rides, or other event vendors. No vendor shall obstruct pedestrian traffic on public sidewalks nor shall more parking spaces be utilized for vendors than absolutely necessary. The Fayetteville CD117:24 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 November 17, 2020 City Council Meeting Minutes November 17, 2020 Page 1 of 24 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on November 17, 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. Council Member Petty arrived after Roll Call. Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recotnitions: Mayor Jordan: In light of the current health concerns, Fayetteville City Hall is closed to the public. This meeting is being held virtually. I am present in Council Chambers with a handful of essential support staff. City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, IT Director Keith Macedo, Police Chief Mike Reynolds, Fire Chief Brad 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 2 of 24 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 Council Chambers. Participation remains of the upmost importance to the City of Fayetteville. We have provided many ways to participate in the meeting, which includes contacting Council Members, City Clerk office or city staff prior to the meeting. The meeting can be viewed through Fayetteville's government channel online, YouTube, and joining the Zoom conference by smartphone, tablet or computer. Staff can view when you join the meeting and when you raise your virtual hand. We ask that you refrain from raising your virtual hand until the public comment portion of the item on which you wish to comment. I will provide a longer than usual period of time for you to raise your virtual hand, so as to ensure time to be recognized. Fayetteville residents will be allowed to speak first. When recognized, please state your name and address for the record. Public comment shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Each speaker has one turn to speak. Each speaker is allowed five minutes to be broken into segments of three and two minutes, which staff will monitor. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None Consent: Approval of the November 5, 2020 City Council Meeting Minutes. Approved RFQ 20-03 Garver LLC: A resolution to authorize a contract with Garver, LLC, pursuant to RFQ 20-03, to provide on -call aviation engineering services for a period of one year with automatic renewals for up to four additional one year terms, and to approve Task Order 1 in an amount not to exceed $20,000.00. Resolution 281-20 as recorded in the office of the City Clerk 2020 Bulletproof Vest Partnership (BVP) Grant Program: A resolution to authorize acceptance of a matching grant award from the 2020 Bulletproof Vest Partnership program in the amount of $21,200.00 for the replacement of body armor vests for Fayetteville Police Officers, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 3 of 24 Resolution 282-20 as recorded in the office of the City Clerk Fayetteville Police Department Policies: A resolution to approve Fayetteville Police Department Policies 1.2.3 Bias Based Profiling Prohibited; 22.2.8 Military Activations; and 49.1.1 Peer to Peer Support Program. Resolution 283-20 as recorded in the office of the City Clerk Advanced Information Management (AIM): A resolution to authorize the destruction of certain records shown on the attached affidavits pursuant to relevant sections of the Arkansas Code related to maintenance and destruction of accounting and other city records. Resolution 284-20 as recorded in the office of the City Clerk Mohawk Resources LTD: A resolution to approve the purchase of a truck lift from Mohawk Resources LTD in the amount of $37,488.86 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, for use by the Fleet Operations Division. Resolution 285-20 as recorded in the office of the City Clerk Bid #20-82 Second Nature Landscapes, Inc.: A resolution to award Bid #20-82 and authorize a contract with Second Nature Landscapes, Inc. in the amount of $134,397.50 for the installation and maintenance of trees along Rupple Road and Old Wire Road, to approve a project contingency in the amount of $13,000.00, and to approve a budget adjustment. Resolution 286-20 as recorded in the office of the City Clerk Bid #20-80 Legacy Construction Management, Inc.: A resolution to award Bid #20-80 and authorize a contract with Legacy Construction Management, Inc. in the amount of $378,794.00 for construction services associated with additions, repairs, and replacements at restrooms in multiple city parks, and to approve a project contingency in the amount of $37,236.00. Resolution 287-20 as recorded in the office of the City Clerk Fayetteville Public Library Expansion Project Change Order No. 7: A resolution to approve Change Order No. 7 to the Fayetteville Public Library Expansion Project contract with Crossland Construction Company, Inc. to shift $332,000.00 of the library's scope of work to the city, and to approve a budget adjustment. Resolution 288-20 as recorded in the office of the City Clerk Repeal Resolution No. 245-20 Goodwin & Goodwin, Inc.: A resolution to repeal Resolution No. 245-20, to award Bid #20-71 and authorize a contract with Goodwin & Goodwin, Inc. in the amount of $288,326.10 for the construction of the Palmer Avenue Drainage Improvements Project, to approve a project contingency in the amount of $43,240.00, and to approve a budget adjustment — 2019 Drainage Bond Project. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 4 of 24 Resolution 289-20 as recorded in the office of the City Clerk RFQ #19-03 Design Workshop, Inc.: A resolution to authorize Mayor Jordan to sign an agreement with Design Workshop, Inc., pursuant to RFQ #19-03, in the amount of $185,739.00 for the development of a new ten-year Park System Master and Strategic Plan, and to approve a project contingency in the amount of $5,000.00. Resolution 290-20 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Petty was absent during the vote. Unfinished Business: Markham Hospitality Owner, LLC Access Easement: A resolution to approve the conveyance of a permanent Access Easement to Markham Hospitality Owner, LLC and Markham Residential Owner, LLC across real property owned by the City of Fayetteville. This resolution was tabled indefinitely at the June 4, 2020 City Council meeting. Council Member Gutierrez moved to take the resolution off the table. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Petty was absent during the vote. City Attorney Kit Williams: I notified the Council a week ago by email that I wanted to add one word to the access easement to specify it's non-exclusive. I think it would have been interpreted as non-exclusive anyway. I want to make it crystal clear that the access that we would be granting to the applicant would not be exclusive. We would still be able to do it and also have access by the public. I have supplied the change to the access easement document last week. I sent out this afternoon a minor change to the resolution, adding the word non-exclusive, to be clear this is not an exclusive easement. I have notified the applicant of this and they had no problems with that. I would ask that there be a motion to amend the resolution and the access easement document to add non-exclusive to the terms. Council Member Kinion moved to amend the documents of the resolution and the attachment, as presented by the City Attorney. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Petty was absent during the vote. Garner Stoll, Development Services Director: This is to implement the approved Planned Zoning District that was approved by City Council, the first phase of it in 2018 and the Preliminary Plat that the Planning Commission approved in January. The acquisition of the easement presently provides access to our water tank. The Preliminary Plat approved by the Planning Commission to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 5 of 24 minimize the impact on the existing Sain Street and to maximize the tree preservation area, which is about half of these slots. The proposal is to provide rear access, and this would provide that access. It provides public access, both through the trail system into an existing home that is at this location. It implements the approved Planned Zoning District and the approved preliminary plat. The Utilities Department has negotiated an agreement that the developer will seal and overlay to city standards, a 20-foot access street, which would be available to the city and to the public. Lawrence Finn, Applicant's Representative stated he was available to answer any questions. Council Member Scroggin: I got a decent number of emails telling me to vote against this, but I feel like it's about other issues and not about the thing we're talking about. If we were to vote against this, what would happen? Garner Stoll: My impression is that the alternative solution would be to create a parallel driveway. These are large lots. Every size of the slots is a third of an acre. They could dedicate an easement and create a parallel driveway, but we kind of would be getting the worst of all worlds. We wouldn't get our access improved, we'd get two driveways parallel to each other, increased stormwater runoff, and lose trees. Council Member Scroggin: That was my understanding. People are emailing us and saying, save the trees, don't let them do anything, and vote against this. That's actually kind of the opposite of what I'm seeing. Mayor Jordan: You would lose more trees if you vote against this? Garner Stoll: Yes, sir. Lisa Orton, 1663 West Halsell stated her understanding is all the driveways from the seven houses go to the alley. She stated Markham Hospitality Owner doesn't need to purchase an access easement from the city in order to build their proposed seven house development because all the driveways are going to that little alley. She stated this is a historic wooded pasture. She stated there's one exit onto Markham Road and that's sufficient and many people prefer living on a dead end street or alley, because there is no through traffic. She stated she does not see how they think they'll lose more trees. She stated the driveway is going back to the alley. She stated the neighbors in the area want their properties protected from excess traffic. She stated there's opposition of the Markham Hill Development with over 10,000 on the petition. She spoke about the Preliminary Plat approval. She stated the seven house development would destroy the 1930's barn horse pasture and rock wall. She requested to know who is requesting to buy an access easement on the city land and what are their percentages of ownership of the Markham Hill property. She spoke in opposition of the resolution. Martha Sutherland, 1928 Haskell Heights stated the road is very narrow up there and it has a very steep ditch on either side. She requested to know what would be done about the road and ditches. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 6 of 24 Mayor Jordan: Garner, how have you determined you would lose more trees if the Council does not support this? Garner Stoll: You would have to get alternative access to meet the conditions of the Preliminary Plat, which would create a parallel drive that is presently covered with trees immediately north of this drive. If you assume Miss Orton's solution, it would take a variance to allow a cul-de-sac and a turn around. It would not only create a dead end street serving seven lots when our city requirements required two access points, rather than a cul-de-sac, but it would also take out more trees. The reason the front loaded solution wasn't chosen is the existing street is lined with trees and that's an easement, just west of the street. This Preliminary Plat has a tree preservation plan approved by our Forester that preserves 42% of the existing canopy. The Planned Zoning District requires 25 and many of those trees are right along Sain Street, immediately to the west. If you did an individual driveway, front loaded, you would disturb more of them. Mayor Jordan: It's already zoned to do the front loaded drives, anyway? Garner Stoll: No. It requires rear loaded. The Preliminary Plat requires access off the alley. This is just implementing the plat, which is a connection to the alleyway that comes from Markham south along the seven rear lots so it can be alley loaded. That disturbs the tree canopy less than the other solutions. Council Member Scroggin: There seemed to be a question about ownership. If we were turning down resolutions and ordinances based on who somebody is and not what they're asking, would that be a legal liability? City Attorney Kit Williams: That would certainly be a problem. Whether it be a zoning, development or whatever, you're supposed to look at that from an objective standpoint and not a subjective standpoint. You are supposed to look at the land and do what is in the best interest of the city. If you had someone, that every time they developed, didn't follow the rules and violated the Preliminary Plat, you could possibly look at that developer more carefully. Almost always, you should just look at the land and the proposed development. We will require developers to follow the rules and to obey the Preliminary Plat or their zoning district. Normally, you would never look at the personalities involved and try to make a decision because somebody is local or not local or whether you like someone, or you don't like them. Council Member Scroggin: Thank you. Council Member Turk: I don't know how many of my Council Member colleagues have been up to Markham Hill and looked at this area. It is very wooded. It is very narrow and a tight street with big ditches. The FedEx truck can barely get down there. Adding another access point on city property for the seven households, is going to create some traffic concerns and problem. This Markham Hill development should have never been passed or gone through. Now we're faced with some of the real consequences and challenges of that action. I don't think this is a good idea. I would prefer a variance with a cul-de-sac and cutting off traffic on that very narrow street. I will be voting against this. There are going to be a lot of trees cut down in the process of building those homes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 7 of 24 Council Member Kinion: I see the situation similar to Council Member Turk. This is a tough situation and thank you Council Member Turk for bringing that information to us to consider. Council Member Smith: I would caution against introducing false dichotomies to the conversation, especially as it comes to how many trees will be cut down for the development. That's a conversation we had two and a half years ago. That was a unanimous decision at the time because we did the evaluation carefully. The plan that we are seeing now preserves far more trees than the previous zoning did. The traffic is kind of the key point. One of the things I've been hearing in this area since the earliest conversations about Markham Hill development, was about emergency vehicle access and the difficulties on some of these narrow streets. This would provide a secondary access, not only these seven houses, but also the ones that are further down Sain. I don't think we're going to be pushing a drastic amount of increased traffic. We are not required to sell this to any developer that asks, but saying no to it isn't going to stop the development that's already been approved here. They do have a right to access the streets. Selling this access to them means that they won't have to access the streets through another means. We don't have an opportunity to stop the development, but we do have an opportunity to help it be better than it would be otherwise. I will be supporting it. Council Member Marsh moved to approve the resolution. Council Member Petty seconded the motion. Upon roll call the resolution passed 5-3. Council Members Petty, Scroggin, Bunch, Smith, and Marsh voting yes. Council Members Kinion, Turk, and Gutierrez voting no. Resolution 291-20 as recorded in the office of the City Clerk New Business: Multi -Craft Contractors, Inc.: An ordinance to waive formal competitive bidding and accept a quote in the amount of $29,750.00 from Multi -Craft Contractors, Inc. for repairs to a pump station damaged in a motor vehicle accident, to approve a project contingency in the amount of $2,975.00, to authorize the Mayor to sign a Release of Property Damage related to the vehicle accident, and to accept insurance funds in the amount of $25,000.00 as a settlement of all claims. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: I worked on this with Andrea from the Purchasing Department. The damage that was done was substantial. We are going to scrape it off, remove it, and put a new shed in there and make sure all the pipes are connected. It's a totally new shed we are getting now. When you get a policy limits offer that's almost as much as a full replacement of the property that was damaged, it's a pretty good offer. It's really as much as a city could almost possibly receive if we decided to file suit and tried to go in that direction. We wouldn't be suing the insurance company. We'd be suing the individual who probably failed to put on his security chain from the truck to the trailer. This is a very good settlement for the City of Fayetteville. I strongly recommend its approval. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 8 of 24 Paul Becker, Chief Financial Officer: This is probably as good an offer as we are going to get. To take it to court is always a risk and it's expensive to do. Council Member Kinion: This went to the Water, Sewer & Solid Waste Committee. It was unanimous to bring it forward for consideration by City Council. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion 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 6378 as Recorded in the office of the City Clerk VAC 2020-004 (800 Block of N. Park Ave./Park Ave. Alley): An ordinance to approve VAC 20-004 for property located in the 800 block of North Park Avenue to vacate a portion of alley right-of-way. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and the Planning Commission are very hesitant to recommend approval of vacating alleys because they frequently are very useful and can provide rear access and facilitate desirable future development. He spoke about the reasons why this is an exception. He stated it is presently occupied by large trees, accessory structures and fences. He stated Planning Commission and staff recommend the right-of-way vacation, but to retain the easement. Tammy Smith, Applicant stated there are 12 families that have properties that butt -up to the alley. She stated all the families and all the utility companies are in agreement that this would be a great way to preserve the tree canopy in this area. She spoke about the various species of trees that are within the alley. She spoke about the striking amount of flora and fauna that is supported by the alley. She stated one of the other things she recognized is that 847 Park is at a higher elevation than the homes that are at West Prospect. She stated one of the things that happens is there's a fair amount of flow of water that goes downhill and there's some mitigation for flooding that is in Wilson Park. She stated the trees are doing a good job of mitigating some of the water going down and ending in the park and the Illinois Watershed because they're drinking it up with their root system. She stated the homes in the city park addition were built primarily before 1946. She stated 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 9 of 24 the need for the alley is mitigated by the fact that these homes have been here a long time and they are not likely to go anywhere. Council Member Smith: Garner, I'm glad you pointed out the reluctance for staff to come to this position. Generally, I would have a similar predisposition to retaining future flexibility. Is there a threat in the current situation to the trees that were trying to head off? Is there a pending development we were expecting here that we're trying to get ahead of? Garner Stoll: I'm not aware of any pending development. If it's a dedicated alley, one could take advantage of that. We were very reluctant on staff side. One thing that's very different here from a typical alley is 15-foot width. There's no way with modern equipment that you could put that alleyway through there without obtaining additional consent from the adjacent property owners and they are now asking to vacate it. It seems like this is a little bit of an exception to our normal rule, which is, let's keep our grid and our alleys. Council Member Smith: When there are trees in a public right-of-way, who owns them? Garner Stoll: The public does. Council Member Smith: Even though they kind of behave like they're in somebody's yard now, would the landowner adjacent be allowed to go cut those down without authorization? Garner Stoll: That's a question that deserves some attention in Fayetteville. Technically, no, although we really don't have the mechanisms to prevent that. Council Member Smith: If we vacate the right-of-way and these are in private land in an RSF-4 district, is there anything preventing them from being cut then? Garner Stoll: No. Meredith Mahan, 803 Park Avenue stated the Planning Commission thought really hard about this and she feels like their conclusion to recommend vacating it is well thought out and important for the city. She stated the intention of the petition is to preserve the beauty and trees in the alley and help them endure. She stated the land has historically become an integral part of the adjoining properties and the properties protect the land. She stated the alley behind her home is impassable and the tree density is thick. She stated the landscape and foliage provide important control of stormwater runoff. She stated this area enhances the neighborhood and adds to the beauty of the city. Beth Barham spoke about the character of the overall neighborhood. She stated Wilson Park is the oldest and most used city park. She spoke about the many people that visit the park. She spoke about safety. She spoke about walkable streets and livable communities. She requested Council to leave the alleyway as it is. David Jackson, 817 North Park stated if you ever walk down Park Avenue to Prospect, it's a steep grade and has a lot of water going down the street. He stated if that was an open alley, there would 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 10 of 24 be a lot of erosion that would head down the hill behind the houses. He spoke about Wilson Park being a treasure for everyone. He spoke about preserving the trees. Peter Roe stated there are a number of trees that are directly in the alley or adjacent to the alley that could be affected by opening it up and making it a right-of-way that has been here for a significant amount of time. He spoke about the history of a sycamore tree that is on his property. He stated if the vacate were to be given, the homeowners along the alleyway will protect the trees. Council Member Kinion: Tammy Smith said she has received a written copy of comments from Mr. Caraway and she has requested time to read them. Tammy Smith: This is a text from Steve Caraway. There could be a cost to the city. When trees in the alley fall, the property owners have paid for the cost. Happened twice to us. We will ask the city to pay for this, going forward. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez 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. Council Member Kinion: During the construction of buildings at the VA Hospital, there was an excessive amount of runoff that ran down through the neighborhood. One of the areas that was not as highly impacted off of Park or off of Woolsey, was this area where the water ran heavily. The velocity was slowed because of the vegetation in this alleyway. That is a direct example of the water running down from VA Hill through the neighborhood for the vegetation and the trees that protected some of the runoff. We do have a lot of erosion on the north side of the park where this runoff does accumulate. It's good to approve this vacation so that it can be maintained as it is. Council Member Smith: Something is nagging me about this. It's got me sitting on the fence and just barely tilting towards voting against this. I'm trying hard to convince myself to change my mind. Garner, I know folks have a right to access it, but without a road there, does that mean somebody mid -block could pave the entire length of the thing for everyone else? Is that what we are guarding against? Garner Stoll: Yes. Not likely, but somebody theoretically could. It's dedicated right-of-way. It's for public passage. It can be improved. Council Member Smith: We would not have the ability to decline that for just a single driveway? Garner Stoll: Not if they can construct it within that dedicated right-of-way. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 11 of 24 Council Member Smith: I think that's what I needed to convince me. Thank you. Council Member Gutierrez: I want to commend the neighbors for getting organized and coming together. We've dealt with something very similar last year in Ward 1. It was very unfortunate that they weren't able to get organized to show pictures. Those were very convincing for me. I'd hate to lose those trees Council Member Turk: I was fortunate enough to walk that alley last week. In some ways I don't think the pictures that were presented do it justice. It is very lush and really grown up. There is lots of vegetation there. There is a steep incline that would not lend itself well to having a paved road put through there. It's clearly been that way for many years. If an alley was constructed through there, it would do an incredible amount of damage. It's much more wild and rugged than maybe the pictures showed. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6379 as Recorded in the office of the City Clerk RZN 2020-015 (NE of Zion Rd. & Randal Pl./La Hacienda of NWA): An ordinance to rezone that property described in rezoning petition RZN 20-015 located Northwest of Zion Road and Randal Place for approximately 3.27 acres from RMF-24, Residential Multi Family, 24 units per acre and R-O, Residential Office to RI-U, Residential Intermediate -Urban and CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated there were no issues identified and the Planning Commission and staff recommended approval. Brian Teague, Applicant's Representative: I'm with Community by Design. We feel like this proposal is better in accordance with the city's future land use plans. We feel that the RI-U zoning will encourage and enable the construction of smaller scaled residential buildings that will better match the neighborhood. We feel like the CS zoning will encourage and make possible walkable main street type retail destinations for the surrounding neighborhood. I ask that the City Council support this proposal. Council Member Turk: I know there are residences to the west on Randall Place. I'm guessing they were notified because they were within 200 feet. Is that correct? Garner Stoll: Yes, that's correct. Council Member Turk: Did you have any response or any inquiries from them at all on this rezoning? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 12 of 24 Garner Stoll: I'm not aware of any feedback. Council Member Turk: Thank you. Council Member Petty 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. Council Member Kinion: When you look at the infill matrix score, it's 7.5 out of 17. I think in the northeast or northwest corner there was some concern. It doesn't seem like this is a very high infill matrix. I need some more information on that so I can understand. Garner Stoll: The Planning Commission has a multiplier that they apply to theirs, which the Council has not adopted. If you take the raw score, which I use because you haven't weighed in on that multiplier, it's actually five to six, out of 12. I would call that a mid -level score. It's certainly not a high score and that's not a low score. Council Member Kinion: Specifically, what negatively impacted the score? Garner Stoll: I could get you that from the staff report. Council Member Kinion: The positive elements are outlined in the information we got, but it didn't say what wasn't good about it. I'm going to support this based on what I've read, but I still have that curiosity. Garner Stoll: I understand. We looked at negative scores and we really don't have any. So, it's a lack of accumulated positives that creates the low score. There are no negatives. Council Member Smith: I have the GIS map to answer Council Member Kinion's question. It's missing sufficient intersection density. It's not within the master plan area, it's not near a public school or a Razorback bus stop. It's not a sewer main. It's not the 71-B Corridor and it's not near the U of A campus. Those are the ones that are missing. Some of those you're not going to change based on not being able to pick up land and move it closer to the university, for example. Since I'm not going to have many more opportunities to talk about the infill matrix, I'd like to remind us that when we talked about that, one of the ideas for how it could be used as not a necessarily scoring properties readiness for infill, but as evaluating our existing infrastructure for areas that may need to be invested in, so they will become ready for infill. It's a useful tool for identifying the areas where we still have work to do to get the land ready. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 13 of 24 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6380 as Recorded in the office of the City Clerk Grading Permit Appeal: A resolution to grant the appeal of Manny Terminella regarding a notice of violation issued by the City Engineering Division for failure to obtain a grading permit for work being performed at 3180 East Township Street. Mayor Jordan: Mr. Terminella, since you are appealing, we will let you go first. You have 10 minutes to speak. Manny Terminella, Applicant: I assume that everyone's read the emails and all the papers that are attached to this deal. I have a large backyard with about 20 acres. I want to drive off my existing driveway to my access at Brookbury. I got some loads of fill, dozer and a roller. I started to make my drive to improve it. Apparently there was one complainer. Reading the documents, everything I'm doing falls outside of needing a grading permit. Looking at the official last email I got, staff is recommending denial because I used heavy construction equipment. I don't know any other way to smooth down red hillside and make it stay, other than using a bulldozer. Minor fill, clearing or grading are all the things that I was doing and it's landscaping. I was shaving off some of my backyard, getting rid of some underbrush and making it so I can have a bigger backyard. I didn't feel like I needed a permit to do it. I'm well away from any other neighbor. I feel like somebody got excited in things and turned it into a situation which was unnecessary. Chris Brown, City Engineer: This is a picture of the vicinity map of where this activity took place. October 15, 2020 we received a complaint. It came through the City Attorney's office about heavy construction equipment that was occurring on some property east of Candlewood Drive and north of Township Street. We looked to see if there were any active permits and there were not. We sent out a Code Enforcement Officer, which is our typical procedure. The Code Enforcement went out and took some pictures and I'll go through those. Here are some pictures of the tree removal, grading taking place, and other pictures of the pad being constructed. Based on these pictures, we did issue a violation to Mr. Terminella on the 16th. We received a call from Mr. Terminella subsequent to that asking about it and saying that he didn't feel like he needed a permit. We scheduled a meeting to go out and review the site a little more closely to make a final determination. Mr. Terminella canceled that meeting. He said he read the code and felt like he was working within the code and did not require a permit. We made a final determination that there was a violation, based on the pictures that we've seen and issued that violation. We gave Mr. Terminella information on how he could appeal that. On October 26, 2020 he did appeal. There are six items in the code that allow exemptions. One is excavation below finished grade as part of a building permit. Two is cemetery graves. Three is refuse disposal and none of those have any validity here. Four as a single family home or duplex, that's included as part of a building permit. Building additions less than 2,000 square feet that are within the Hillside Hilltop Overlay District and isn't applicable here. The only item that is applicable is item six, which is other minor fill, clearing, grading for maintenance purposes, such as landscaping, yard grading, maintenance, farming, gardens and similar activities. As we interpret this, we typically look at what kind of 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 14 of 24 activities are occurring and what kind of equipment is being used to do those activities. When we see truckloads of material being brought in, heavy equipment dozers and compaction equipment, then we make the determination that a permit is required. Our determination was that it did not meet the exemption under item number six in the code and that a grading permit is required. Council Member Turk: Is the violation a fine and how much is that? Did you all give Mr. Terminella an opportunity to fill out a permit before the violation was issued or was that any part of the conversation? Chris Brown: We typically will issue a violation, like this. The remedy to that is to request a permit. Then we inspect, review and make sure they are complying with the permit requirements. Kit can talk a little bit about the fine. There are fines attached to this, but as I understand it, you have to get all the way through the process of the violation through the Prosecutor's office. City Attorney Kit Williams: The goal is not to collect a fine. The goal is to have someone that needs to have a permit to do grading, get it. We're trying to stop erosion problems and stormwater problems that we have seen in the past when someone doesn't have a permit and has not taken proper measures to control the runoff. The goal is to try to prevent problems that can affect the city and the neighbors when a grading permit has not been obtained and no measures have been taken to stabilize. All we wanted Mr. Terminella to do is get a grading permit so we could inspect what he's doing. The less he does, the less erosion control measures he will need to take. In this particular case, Mr. Terminella has taken the position that he doesn't need a grading permit. The City Council has given the City Engineer the duty to interpret the grading chapter. His explanation was there were truckloads of red dirt being brought onto the property and being moved around by a bulldozer. If you look at the pictures, I don't see any silt fences up and I think that caused our City Engineer to be concerned. The City Engineer sent notice to Mr. Terminella about the violation and that he needed to get a permit so we can inspect and make sure everything is okay. We are not looking to get a fine from Mr. Terminella, we just want compliance with our grading chapter. Council Member Kinion: When you are looking at the code, it does mention residential property and landscaping. Those are two elements I can be empathetic with the argument that this is a private residence and doing landscaping to get access. Could we table this and encourage Mr. Terminella to further seek counsel with the city to come up with a resolution and maybe work out to get a permit? Or is it beyond that? City Attorney Kit Williams: No, I don't think it's ever beyond that. What we're trying to do is get compliance with our grading chapter. In my 19 years as City Attorney, this is the first grading permit that I can remember ever being appealed. The easy solution is to have a grading permit applied for, granted and have our Engineering staff take a quick look at what Mr. Terminella has done and is trying to do and see whether or not erosion control measures are needed. The goal of the city is to try to do something like this, without having to resort to the courts. That's not where we're looking at going. I think Mr. Terminella has been able to apply for a building permit ever since the original notice, even before that, but after getting notice he's still eligible to do that. I would encourage him to do that and this can be easily resolved that way. A grading permit is not expensive, especially when you consider the cost of bulldozers and dump truck loads of red dirt. Most of the erosion control measures that would be required, if any, are fairly inexpensive to do. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 15 of 24 I encourage that a grading permit be applied for and if he does do that and then follows the guidelines from our Engineering Department about what should be done, this violation notice goes away. If you want to table to see if Mr. Terminella wants to apply for the grading permit, that would be in order. I have not heard Mr. Terminella indicate he might consent to obtaining a grading permit and don't know whether it would be effective if you tabled. Council Member Kinion: I applaud Mr. Terminella for utilizing the appeal process that is in place. I'm sorry, no one has used it in the past, but it is there as a measure to be considered. We should offer this to be tabled since we've had the discussion and perhaps there can be a resolution in the meantime. I need to know some points of view from other Council Members and Mr. Terminella. Council Member Petty: Mr. Terminella said he didn't understand why he needed a grading permit when all he was doing was removing vegetation, leveling the ground, and smoothing it out. That to me sounds like grading. What I see in these pictures is not landscaping. Our law says that we need a grading permit for this. Mr. Terminella disputes that it applies to him. I'm not in favor of tabling it because the decision tonight in front of the Council is about whether or not we do require a grading permit. It's up to Mr. Terminella whether or not he wants to comply with the law. Council Member Scroggin: I agree with that. The question is, does he have heavy equipment. That's clearly heavy equipment. Probably only 1 out of 500 people in the city can drive that equipment or even move it around. That is clearly not landscaping. That is serious movement of dirt. If it doesn't require anything, the permit will show that. The process of talking through this is going through the permit. I believe we should go through the process and that's how the city has that conversation. If we find out that we don't need anything, then we won't need anything. Mayor Jordan: Mr. Terminella, the question has been asked if you would get a grading permit, which is where we started with all this. Manny Terminella: I'm not just landscaping. I'm maintaining my drive. It sounds like you can't have a bulldozer on your property unless you get a grading permit, regardless of what you're doing. If you get a load of red dirt on your property, smooth it out six inches thick, compact it down, you need a grading permit if you're trying to build a base for your driveway so it won't wash away. Like I said in my email correspondence with the City Engineer, I'm doing yard grading, driveway maintenance, and ultimately some farming. The landscaping is a portion of it. The backyard where that truck is parked is now the same elevation as my existing backyard. There was supposed to be probably 50 more truck loads so I could establish a base all the way to Brookbury and I wouldn't drive in mud in the rain or dust in the in the dry. I quit when all this came up. I can't have a bulldozer out there for two weeks doing nothing. I don't know that I need anything now. It isn't that I didn't want the city out there to look at it. Based upon what happened to me with my City Council representative, some things got misinterpreted and put on Facebook. The violation got changed to illegally burning and clear cutting. Somebody said it was my brother doing it. I wasn't interested in getting city officials out there to potentially misrepresent what was going on and take pictures and post them. I'm trying to follow through and put an end to it. I'm just going to drive on dirt now to Brookbury. I'm not going to fix my road. The heavy construction equipment, this is first time I've seen it in their email to deny. It doesn't say it anywhere in the code that's a stipulation. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 16 of 24 What is heavy equipment? A bulldozer? Is my 28 horsepower tractor heavy equipment or is that okay? I've been using that out there since 1983. I need a little bit more clarification because it sounds like I can't do anything without a grading permit. Mayor Jordan: You don't feel that you need to get a grading permit? Correct? Manny Terminella: I think what I'm doing falls under the exemptions of number six. Maybe you can tell me how to get a grading permit. Do you have to hire an engineering firm to get one or is it something you fill out yourself? Chris Brown: City Engineer: The typical process and what the code talks about is that the grading plan must be prepared by an engineer. However, we do have in certain instances the ability to provide administrative variance for that. In a situation like this, we are interested in the stormwater controls, protection of water quality, some perimeter control in looking at how the stormwater flows across the site and how we need to protect that flowing off site onto other properties. I think in most all cases, far enough away from property lines, that he may not be impacting other properties from a fill standpoint. We would be most concerned about the erosion control and that sort of thing. We could work with him. He would need some sort of site plan and plan for protecting water quality. We need to see the scope of work of what he intends to do, so we know what the extent of grading is. The permit is a minimum of $75 for less than half an acre and then it goes up to a $200 fee for anything over an acre. It's a relatively nominal fee. Manny Terminella: It's not necessarily the cost of the permit. That's not my problem here. I went into this thinking I didn't need a permit. I made it perfectly clear that I'd get a permit if I needed one. I was talking to Jonathan Ely and asked him to clarify to me what I needed to do and then boom, I get the violation. I made it perfectly clear from the beginning I'd get a permit if that's what was necessary. Then a bunch of other stuff started happening, which I didn't understand and I didn't want to get involved in. I am not going to do any more work and I'm not going to get a permit because I'm done. I can assure you there's no runoff going anywhere. I'm 1,000 feet away from anything. The reason I'm speaking at this meeting is because I've got thousands of feet of driveway. If I've got to get a grading permit every time it washes out and I want to put a load of gravel in and smooth it out, that's going to be awful burdensome on me. I'm a little bit confused on this construction equipment, because it looks like that was just thrown in there. It seems like if that was a stipulation, it would be in the code. No one said anything about that until this denial came. I don't need to continue the project. Council Member Smith: It seems like we got a little astray of what's in front of us. The resolution essentially asks us to overrule our City Engineer and make a decision about whether or not a permit was required under Section 169.03 (C). It's pretty clear that all grading, clearing, filling, excavation or land alteration of any kind, unless it's exempted. We've heard the words grading and clearing out of Mr. Terminella's mouth tonight. The pictures show there's been both of those. The exceptions, which Chris pointed us to Subsection (C) and it says, other minor fill, clearing or grading for maintenance purposes such as, not maintenance purposes and these other things, but maintenance purposes, including landscaping. We hear there may be a little bit of landscaping and yard grading. In farming and gardens, I'm not sure what you're growing in red clay like that. We were told that a driveway is being built here and that is clearly not exempt in section six. If you're 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 17 of 24 reading the code, this required a permit. Kit, do we need a motion to deny the appeal or do we need to not motion to approve it? City Attorney Kit Williams: It's like any appeal. The burden is on the person appealing. In this case, Mr. Terminella, and that's why there is a resolution to grant the appeal. This resolution would have to be voted down in order to deny his appeal. Peter Tonnessen: Ward 3: If there's no allegation that the red clay from Mr. Terminella's driveway is intruding on anyone else's land or into public waters and he has 20 acres, he'd have to pay at least $200. If there's no intrusion from his activity on his land into somebody else's legal interest, what right does the city government have to intrude onto his property rights and require this $200 permit so that he can do what he wants to do on his land. I don't see the legal justification for this. Government is way too intrusive when they can do this to someone. Now, if he had a quarter acre and he was dumping a lot of dirt on his land and through erosion, it might flow onto neighbor's land, into waters or city sewers, then I think that's an issue. This doesn't seem fair. City Attorney Kit Williams: The reason we have these kinds of regulations is not to only react when something bad has happened, but to try to prevent something bad from happening. We want to inspect it, look at the situation, and then determine if anything is necessary to prevent the kind of problems our grading ordinances have tried to address. We don't want to wait until there's a terrible erosion problem and then go give a person a ticket for doing that. Instead, we want to have a permit done so the city can look at the major equipment being used and the red dirt being brought in to see whether or not something needs to happen and erosion control measures need to be in place or not. If we just wait for catastrophe to happen before the city wants to move forward, we're going to have a lot more problems than what we should. This regulation and this enforcement in trying to get a permit is a proactive way to try to prevent problems from occurring in the first place. Council Member Kinion requested clarification on the voting of the resolution. City Attorney Kit Williams: The resolution is to grant the appeal. If you do not want to grant the appeal and you want to sustain what Chris Brown has done in issuing the violation order, then you would vote no and the appeal would be denied. Council Member Kinion: I was hoping for a nice resolution and something agreeable. That didn't seem to happen and I'm ready to vote. Council Member Smith moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution failed unanimously. The resolution failed City Attorney Kit Williams: The appeal is denied. I would still encourage Mr. Terminella, if you have a project you want to do, the city is not going to stop you from doing the project. Please follow the regulations and try to get a grading permit, which I'm sure will be issued. You can do whatever you want to do on your land if it's not adversely affecting other property. I know you said you stopped and don't want to do anything else. That's your decision, but you can do the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 18 of 24 project you want if you follow the rules and get a permit. The city can look at what you're doing and see if any erosion control measures are needed. RFQ-19-01 Olsson, Inc. Amendment #2: A resolution to approve Amendment No. 2 to the professional engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $154,900.00 for the remaining architectural services related to the replacement parking deck for the Cultural Arts Corridor Project, and to approve a budget adjustment — 2019 Cultural Arts Corridor Bond Project. Wade Abernathy, Bond Projects and Construction Manager: We would like to table this item while Kit Williams works to finalize the contract with the developers. Mayor Jordan: We are asking the Council to table until the contract is ready? City Attorney Kit Williams: Until the next meeting. Council Member Smith: Are we expecting that the contract will be ready by the next meeting? Mayor Jordan: I hope so. City Attorney Kit Williams: We've been talking about this for a long time and we need to get something done. I hope this is going to be a wakeup call for the other side to make sure we can come to an agreement and get this moving. If there's not a contract that they will agree to, then we have to look at other locations. I hope that we will have an approved contract for you at the next meeting. Council Member Smith: It's been over a year that we've been talking about the carrying costs of this negotiation. What is our backup plan? City Attorney Kit Williams: We are trying not to have a backup plan, but there are two other legal sites that this could be on. It could either be the School Street lot or the Walton Arts Center lot, but we're still trying to push forward to get a good contract for the Depot lot. Council Member Scroggin moved to table the resolution to the December 1, 2020 City Council meeting. Council Member Petty seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the December 1, 2020 City Council Meeting. Economic Development Administration Grant: A resolution to authorize acceptance of an 80/20 Economic Development Administration grant in the amount of $2,000,000.00 for the construction of the Industrial Drive Extension, and to approve a budget adjustment - 2019 Economic Development Bond Project. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 19 of 24 Devin Howland, Director of Economic Vitality gave a brief description of the resolution. He stated the Fayetteville Chamber of Commerce identified this as a need several years ago and he has met with them on the topic of this road, a new number of times. He stated they understood that cost was a barrier for us for this project and they proceeded to work with the Northwest Arkansas Economic Development District to find grant funding to get the project done. He stated if Council accepts the grant, we will have to complete a cultural assessment, per a request from the Arkansas Department of Heritage. He stated the project is to construct a 2,474 linear foot road, from Industrial Drive to City Lake. He stated this road primarily opens up city owned commerce parkland and keeps away from environmentally sensitive parcels to the east. He stated these two components were extremely important to us and we wanted to ensure the project was benefiting land that can only be sold through the City Council. He stated the macro project budget is here, a very minimal reduction in the city's cost of about $12,000 has taken place since we spoke of this in January. He stated given that the grant award of $2 million was slightly lower than we originally requested, we worked with engineering to lower the budget. He stated this match is proposing to use 16% of the funds in question six, which had a total of a little over $3.1 million. He stated should Council accept the grant, a little more than $2.6 million will remain. He stated the project opens up 46 acres of city owned land. He spoke about the project aiding in economic vitality efforts. He stated through the pandemic and the shifts that we've seen in our economy, what's been impressive is that active projects have held steady and we haven't really lost many through this. He stated it completes a critical link in the city's future fiber map. He stated the acceptance with this property will change if the grant is accepted. He stated the position this road places the parcels, is in a much more prime position than it currently is. He stated staff plans on ensuring that they are being proactive about selling this property for its intended use and marketing the sites that they're available, not just for businesses and outside employers in our targeted industry sectors, but also for small businesses and entrepreneurs who may have value in the land. He stated our primary target are quality jobs at $22.43 an hour. Zane Chenault, 2894 East Picasso Place: The Fayetteville Chamber of Commerce in partnership with the Northwest Arkansas Economic Development District, the U.S. Department of Commerce and the City of Fayetteville's Department of Economic Vitality, worked together for many months to secure federal grant from the Economic Development Administration for the road expansion in the city's Commerce District. The EDA has approved to match the city's investment of $500,000 with $2 million generating a 400% return on investment for the city. This grant will fund a road extension in the Commerce District and will immediately open nearly 47 acres of city owned land for development. This area that will be open is ideal for small to medium sized light scale manufacturing facilities. By creating the opportunity for expansion in the Commerce District, we also create access to higher paying jobs for residents who live nearby. This project will contribute for the sustainability of a manufacturing base in Fayetteville and will ensure that Fayetteville remains competitive. I respectfully ask that you approve this grant application. Devin Howland: We are asking for consideration on this item tonight, due to the grant deadline. We have to give a response back to the Economic Development Administration within 30 days of the announcement. We have until about next week to get a response back to Georgia. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 20 of 24 Peter Tonnessen, Ward 3: Is every worker and construction worker who is going to work on this project going to be a legal resident? Is every worker and construction worker going to earn $22.43 an hour? Devin Howland: I am happy to respond to the latter question regarding wages. Our stipulation and what we look at with targeting living wage, will be for sale of the property. I cannot speak to the wages that a construction company, whoever would be chosen following the city's procurement process with the Purchasing Division, what they would exactly pay. Our statement of living wage target is for sale of land, which is discounted at $20,000 an acre for companies that we bring to you in the future. Chris Brown, City Engineer: I can answer the question about construction workers. With this being a federal aid project, there are requirements that all contractors have to comply with federal rules and requirements. Typically, there is a minimum wage requirement and it's based on the wage scale of the State of Arkansas. I don't know what all those wage scales are, but there are requirements for the wages to be paid and the construction companies have to provide certified payrolls and other documentation of who they're paying and what they're paying them. Peter Tonnessen: My son is a union iron worker and Americans who are in the construction business need to have their wages protected. If you're protecting the wages of the people who would buy this property, why would you not protect the wages of anyone who is working on this property or on this project. I would like to know before the city passes this, whether all the wages of anybody working on this project are going to be protected, particularly anybody who is an American citizen or a lawful American resident. The citizens and the taxpayers have a right to that information before the City Council votes on this issue. Steve Clark, Fayetteville Chamber of Commerce: This proposal is to take city owned land and make it easier to acquire for businesses who want to do manufacturing in the Commerce District of our city. The discussion that has been brought forward about what the wages will be, is a discussion that's premature. If the acceptance of this grant is approved and we go forward, you should recognize that before one foot of this land changes ownership, those very specific questions can be asked by every member of this City Council. The purchaser of this land, whomever that company might be, is still going to have to have your permission. You have to give your authority and your approval of the sale of the land. Therefore, the details of how that company is going to operate, what wages they're going to pay, what source is their employees, are questions that can be on every sale that occurs. Each time a parcel is sold, our City Council and Mayor will know exactly who's offering to buy it, what they're proposing to do with it, how they will operate the business, what that business is going to pay its employees and all those routinely asked questions. We ask that you accept the grant and let us move forward. Council Member Turk: Mr. Tonnessen, if federal money is involved in a contractual arrangement, the Service Contract Act requires that a wage determination be made for that area and then the hourly wage is set. So, whoever that company is, has to pay at a minimum, that hourly wage. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 21 of 24 Mayor Jordan: Thank you, Council Member Turk. Thank you everybody for all the work that they have done on this. It's one of the largest investments that has been received. Is that correct? Devin Howland: Yes, Mayor. Mayor Jordan: This is a good deal for the city. Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 292-20 as recorded in the office of the City Clerk RFQ # 20-01 Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $392,725.00, pursuant to RFQ # 20-01, Selection 21, for the design of the Rolling Hills Drive Project, to authorize the Mayor to acquire the easements and right-of-way necessary for the project, and to approve a budget adjustment - 2019 Transportation Bond Project. Chris Brown, City Engineer gave a brief description of the resolution. He stated the project is reducing the width of the street slightly but providing for a three lane cross section. He stated it will add wider sidewalks and trails along the roadway and providing space for trees. He stated the design is intended to be completed as we go into the next phase of construction and the bond program so that we can move forward with construction. He stated this was reviewed at the Transportation Committee and the committee recommended approval 4-0 and staff recommends approval as well. Council Member Turk: Chris, you mentioned that trails will be along there. I'm assuming those are bike trails. Are those the standard 10-foot width bike trail or are those more similar to what is on the Old Wire Road? Chris Brown: The current cross section is what we're starting with. We'll get public comment and go through the design process, but we're starting with the existing sidewalk on the north side. It's a 6-foot sidewalk and that will be left in place. We are planning a 10-foot walk on the south side that would be a standard multi use path or wide sidewalk. A minimum 6-foot green space on both of those, so we can have street trees along both sides of the road. Council Member Turk: Thank you very much. Council Member Smith moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 293-20 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 22 of 24 Olsson Associates, Inc. Amendment # 1: A resolution to approve Amendment No. 1 to the professional engineering services agreement with Olsson, Inc. in the amount of $196,190.00 for engineering services related to the design of the Midtown Corridor Project, and to approve a budget adjustment - 2019 Transportation Bond Project. Chris Brown, City Engineer gave a brief description of the resolution. He stated this project is in preliminary design and as we've gone through that process, we've got a few design changes in addition to the project. He stated we had proposed a roundabout at the interchange with I-49 after the traffic patterns determined that leaving the signal there and adding another left turn lane would be more appropriate, which has a reduction in the fee. He stated as part of the Police and Fire Facility, we changed the intersection of Porter and Deane from a proposed signal to a roundabout. He spoke about identifying an alternative route for the trail as we go east toward the Garland intersection, which makes for a much better trail. He stated additional surveying design work are needed for that change. He spoke about identifying the crossing locations and some of the enhancements needed for those crossing locations. He stated we have additional services for right- of-way document preparation as part of this phase. He stated the fee is $196,000 and brings the total fee to $967,000 of which $410,000 is paid from a grant funding. He stated the city's portion is about $550,000. He stated the Transportation Committee recommended in favor 4-0 and staff recommends approval. Council Member Turk: Chris, I want to confirm that the trail is on the north side of Deane Street. Is that correct? Chris Brown: That's correct. Generally, on the north side. As we get to Lynn's Place, which is about three quarters of the way towards Garland, we will be crossing the road going along Lynn's Place along the backside of Tri Cycle Farms that will connect up to Sycamore. Council Member Turk: Great. Thank you. Mayor Jordan: It's going to be a great trail. Thank you to staff and everybody who has worked on this. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 294-20 as recorded in the office of the City Clerk 2021 Annual Budget and Work Program: A resolution to adopt the 2021 Annual Budget and Work Program. Mayor Jordan: Paul, excellent job on Saturday with presenting the budget. Paul Becker, Chief Financial Officer: Thank you, Mayor. We discussed the budget in length at the Saturday work session, which was streamed to the public. As we discussed at that point in time, we are looking at a very volatile period as far as revenue going forward. Because of this, and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 23 of 24 because of analysis, I think things next year are going to be about what they are this year before they pick up substantially in 2022 and forward. With that in mind, we reduced capital in many of the funds, especially in the Water and Sewer fund. We reduced the capital budget by over $15 million this year. Total budget being presented is $171,844,000. That's down about $15.6 million compared to the prior year's budget. We reduced operating items. The General Fund is $49.5 million. We were able to reduce that by $400,000 and the budget is currently budgeted at a deficit of $392,000, however, that's very close to balancing. The one thing not in this budget that we talked about that the administration intends to address, as soon as we feel it's feasible, is our salary increases for the employees. We deferred the discussion of salary increases in March of 2020. The administration intends to look at that as soon as feasible and bring something forward, but it's not incorporated in this budget. The guiding lines of this particular budget are volatile, and we've got to be prepared to adjust if things turn down or things turn up. The overriding issues we looked at that the Mayor instructed was to provide the same level of services, which we believe we have, address salary increases, and to keep society running as efficiently and effectively as possible. Peter Tonnessen, Ward 3 stated everyone admits this is a period of extreme economic volatility and it's a period of minimal public involvement, because of the burden of Zoom meetings and the difficulties people have. He stated this should not be passed on three readings and it presents issues that should be made available to the public as much as possible. He stated he listened to Mr. Becker's presentation Saturday morning and does not understand why the almost 40 pages of exhibits about the budget are not included in the package. He spoke about the Public Library meeting on October 19, 2020. He stated sales tax receipts are greater than expected, but they could decline. He stated there have been no layoffs of public employees. He spoke about Americans who have lost their jobs all over the nation and in Fayetteville. He stated HMR receipts are down. He stated it's rude for public employees to be talking about getting raises when none of them have been laid off. He spoke about an item that was under the Consent section and stated he doesn't understand why the city has taken on for the taxpayers $322,000 of construction that should have been adopted by the library. Susan Norton, Chief of Staff. Paul Becker announced on Saturday or even maybe the Tuesday before that the budget material was on the website. It is on the website. Kara Paxton, City Clerk Treasurer: The City Clerk office handles the public calendar and the budget meeting is set every year, the weekend after Veterans Day. For every year as far back as I can see and being one of the newest members of the team, I looked at past budget meetings to get a better understanding of what we're looking at in 2021. So, every year that is posted at that time. Council Member Smith: I don't believe the answer to our residents in Fayetteville being out of work, is to put more of our city employees out of work. Thank you for working so hard through all of this to make sure we don't add to the unemployment and that we've kept all of our staff working and paid to the best of your ability. I know it hasn't always been easy, but through multiple crisis over the year, you've done a great job. Mayor Jordan: Thank you, Council Member Smith. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 24 of 24 Council Member Scroggin: I really hope the pandemic subsides so that we can look at staff raises. They have definitely been through a lot. I look forward to voting for that in the future. Mayor Jordan: Yes, and I hope to be bringing it in the future. I promise we will see better times. Thank you to Paul and everyone who worked on this budget. Paul Becker: Thank you, Mayor. Every director, every department and the Council all worked together in putting this budget together. Mayor Jordan: Thank you to the staff for their patience as we go through this. Council Member Marsh moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed unanimously. Resolution 295-20 as recorded in the office of the City Clerk Announcements: None City Council Agenda Session Presentations: None Adiournment: 8:22 p.m. Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov Legistar ID No.: 2020- 1055 AGENDA REQUEST FORM FOR: Council Meeting of December 1, 2020 FROM: Mayor Lioneld Jordan ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO APPROVE A CONTRACT WITH THE BANK OF FAYETTEVILLE, GREG HOUSE, FAYETTEVILLE DEPOT, LLC (AND POSSIBLY TED BELDEN) TO PURCHASE ABOUT ONE HALF ACRE IN THE DEPOT/ BANK LOT FOR $350,000.00, TO APPROVE A LEASE -TO -OWN ARRANGEMENT WITH GREG HOUSE FOR THE .2 ACRE LOT ON THE NORTH END OF THE CIVIC PLAZA, TO AGREE TO CONVEY TO GREG HOUSE THE OWNERSHIP OF ABOUT I4,000 SQUARE FEET OF THE BOTTOM FLOOR OF THE CITY'S PUBLIC PARKING DECK AND OTHER ITEMS, AND TO PASS AN EMERGENCY CLAUSE APPRO Mayor FOK AGENDA: City Attorney KAt Williams Date Date CITY OF FAYETTEVILLE ARKANSAS W MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond and Construction Projects DATE: 11 /24/2020 SUBJECT: Approval of a contract between Bank of Fayetteville/Depot Lot site for Public Parking Deck. RECOMMENDATION: Staff recommends approval of the contract which will authorize land purchase for the Replacement Parking Deck allowing the project to move forward and expedite the completion prior to beginning the Arts Corridor Civic Plaza Project. BACKGROUND: In April 2019, Fayetteville voters approved question 8 on the bond initiative for the new cultural arts corridor and replacement parking. Phase 1 Bonds allocated $20,016,970 for this first phase of the CAC and replacement parking. In January 2020, Council approved the mayor to sign a letter of intent with Sage Partners LLC for the purchase of .6 acres for a parking deck and conveyance of .2 acres on the north side of the plaza. February 2020, council was presented with contract terms for consideration. In May of 2020, Council approved an Engineering Services contract with Olsson Engineering for the Design of the Replacement Parking Deck May 2020, Council was presented individually concept designs and contract terms. June 2020, Council was presented at Agenda Session with Schematic Drawings of the Deck and updated contract terms. In June of 2020, Council Approved Change Order #2 for the CMAR services for the Replacement parking deck with Nabholz. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Over the past several months there has been many meetings, discussions and negotiations between Administration, Staff, City Attorney, Developers, Developers Attorney and Walton Arts Center. Those countless hours and hard work have resulted in a Contract that is a fair deal for the parties involved. The terms in this contract have included many of Individual Council member's items requested terms, as well as City Attorney Kit William's additional terms to best serve the City's Interest. Some of those terms include: • Conservation Easement for the Historic Portion of the Train Depot. • 7 years protection of the Arsaga's Building with no build over. • Enhancement of Arsaga's building. • Option to Purchase trail plaza section for trail/rail/and future mobility hub and verbiage for the time frame for that purchase of 7 years. • Lease to purchase agreement of north plaza space allows the City to maintain ownership of property for 4 years after completion of the deck and start of plaza. • Deck Liner to include 2000 sq.ft. PD substation owned by City. • 330 spaces to include 290 replacement parking spaces. • Verbiage to address time frame for 6t" and 7t" floor completions in 10 years • Civic plaza building design acceptable to the City • Transit Hub Bus Stops at Dixson and West Ave. BUDGET/STAFF IMPACT: N/A 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Paul Becker, Finance Director Wade Abernathy, Facilities Management Director FROM: Kit Williams, City Attorney DATE: November 23, 2020 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: City Attorney's proposed Contract for Bank of Fayetteville/Depot Lot Site for Public Parking Deck Last Friday I furnished you the last proposal I received from Greg House's attorney in October showing what they want the City Council to agree to give them in exchange for Greg's quarter acre. There are numerous issues with Mr. House's proposal, but let me point to just a few. Instead of providing the City an option to purchase the one floor ground area for a possible Transit Hub Building between the Depot and the freight building as part of our consideration valued far in excess of a half million dollars going to Mr. House from the City, he demands in his October proposal that the City pay for the commercial exterior finish for his 14,000 square foot, ground floor commercial space in our deck just for an option to purchase the Transit Hub's single story space for seven and a half years. I do not know how costly the commercial grade exterior finish would be, but I believe it would be many thousands of dollars. Mr. House then places the cost of the single story, ground floor space of the Transit Hub building "for a sum equal to $60 per square feet." According to Google and math that amounts to over Two Million Six Hundred Thousand Dollars ($2,600,000.00) per acre. The single story, ground floor area in our parking deck that Mr. House is receiving without any charge for the ground space is 14,000 square feet. Applying Greg House's proposed $60.00 per square foot value for single -story ground space equals Eight Hundred and Forty Thousand Dollars ($840,000.00). If you add that to the $250,000.00 cash payment to Mr. House and the almost certain conveyance of the .2 acre lot on the Civic Plaza appraised at $263,000.00, the City would be paying and conveying One Million Three Hundred Fifty Three Thousand Dollars ($1,353,000.00) to Greg House for his less than 1/4 acre lot. This does not even take into account Mr. House's right to build two addition stories on top of City's public parking deck for his exclusive use and benefit. Both of these floors are larger than his 14,000 square foot ground level commercial space. I should point out that the Administration rejects Greg House's valuation of $60 per square foot for the ground single -story area between the Depot and freight building for a future transit hub building. Thus, the 14,000 square feet of first floor ground space in the City's parking deck that Greg House would receive is also not fairly valued at $60 per square foot. The original Walton Arts Center Parking Lot (aka the West Avenue parking lot) was expressly and purposely built so patrons for popular performances at the Walton Arts Center could be assured of convenient parking. Indeed, a special provision of the bond and ballot language promised a continuation of such performance arts parking near the Walton Arts Center. Greg House's contract reads: "The Deck shall not be permitted to have more than fifty (50) parking spaces reserved for events occurring downtown at any given time." That limitation on the City's use of our own public parking deck might help Greg House to lure a hotel to locate on his property because the hotel could avoid the normal expense to build or acquire parking for its employees and guests. However, this would destroy the very reason this additional Ten Million Dollars was placed on the ballot and supported by the Walton Arts Center. The City will not accept any limitations on the City's ability to apportion the parking within the City's deck. I believe that our City should continue to work the Walton Arts Center to ensure its patrons will have sufficient reserved parking for its events. OA SUMMARY OF MOST IMPORTANT TERMS AND CONDITIONS IN OUR PROPOSED CONTRACT WITH GREG HOUSE (1) Greg House conveys slightly less than one quarter acre about one block north of Dickson Street. (2) Greg House conveys a conservation easement not to change the exterior, build over, nor obstruct the current view of the Depot from Dickson Street for the width of the Depot building. Greg continues to own, remodel, rent, and operate this building commercially as he has done for many years. For this slightly under one quarter acre and the Depot building protection, the City would pay or convey the value of the following: (1) Two Hundred and Fifty Thousand Dollars in cash ($250,000.00). (2) Most (14,000 square feet) of the ground story of the City's public parking deck. This is substantially larger than the whole portion of Greg House's asphalt lot that he is conveying to the City. (3) Lease -to -own the only developable lot on the Civic Plaza near Dickson Street appraised (conservatively) for Two Hundred Sixty -Three Thousand Dollars ($263,000.00). Rent forgiven if Food Hall built properly and timely. (4) Greg House's right to build one or two stories atop the City's Public Parking Deck for his exclusive use and profit. Those four extremely valuable items for Greg House were agreed to by our City staff and Greg House in the summer. That is why I have incorporated these terms into this proposed contract (attached) which the Mayor now recommends, and which I approve as probably within the City Council's discretion to accept and within the Council's legal duty to ensure any contract is fair to our citizens. I would have substantial legal concerns about any proposed contract if even more valuable items were added for Mr. House's benefit. Please remember that this is a no -bid situation which should require extra scrutiny of the terms by the City Council. The City Council has substantial discretion to determine whether any proposed contract is in the citizens' best interests. The City Council does have a duty to ensure our taxpayers receive at least reasonably fair value for the taxpayers' revenue and property. The City Council needs to act promptly and certainly before the end of 2020 on this proposed contract. If Greg House rejects any term in this very favorable contract or fails to sign it promptly, I recommend the City move the deck to another public parking lot. 3 CONTRACT TO PURCHASE ABOUT ONE HALF ACRE OF PROPERTY FROM THE BANK OF FAYETTEVILLE AND GREG HOUSE FOR THE CITY PUBLIC PARKING DECK SITE ON WEST AVENUE AND TO LEASE -TO -OWN TO GREG HOUSE AND TED BELDEN ABOUT ONE FIFTH OF AN ACRE ON THE NORTH SIDE OF THE CIVIC PLAZA NEAR DICKSON STREET PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT On this day of December 2020, the date that the Mayor of the City of Fayetteville, the authorized representative of the Bank of Fayetteville, Greg House and Ted Belden have all signed this contract and agreed to all of its terms and conditions, this contract becomes effective and enforceable. CITY OF FAYETTEVILLE'S COMMITMENTS TO THE BANK OF FAYETTEVILLE In exchange for all of the commitments, promises, terms and conditions within this contract, the City of Fayetteville hereby agrees and covenants with the Bank of Fayetteville as follows: (1) The City will provide up to Ten Million Dollars ($10,000,000.00) in bond funds for its costs associated with the purchase of the land, geotechnical and other preliminary testing and design work, and the design, construction and equipping of the City's public parking deck. (2) The City will purchase the portion of property owned by the Bank of Fayetteville (somewhat greater than one quarter of an acre) which is needed for the City's public parking deck's construction for One Hundred Thousand Dollars ($100,000.00). II BANK OF FAYETTEVILLE'S COMMITMENTS TO THE CITY OF FAYETTEVILLE In exchange for the One Hundred Thousand Dollars ($100,000.00) paid by the City of Fayetteville, the Bank of Fayetteville agrees as follows: The Bank of Fayetteville will sell and convey to the City of Fayetteville its property, as further described in Exhibit A to this contract, by general warranty deed free and clear of all easements except the five foot pedestrian ground easement on the north side of its property which shall not intrude upon the property needed for the construction or operation of the City public parking deck. III CITY OF FAYETTEVILLE'S COMMITMENTS TO GREG HOUSE, FAYETTEVILLE DEPOT, LLC AND/OR TED BELDEN In exchange for all of the commitments, promises, terms and conditions within this contract, the City of Fayetteville hereby agrees and covenants with Greg House, the Fayetteville Depot LLC, and/or Ted Belden as follows: (1) The City will provide up to Ten Million Dollars ($10,000,000.00) in bond funds for its costs associated with the purchase of the land, geotechnical and other preliminary testing and design work, and the design, construction and equipping of the City' s public parking deck. (2) The City will purchase the portion of the property owned by Greg House and/or the Fayetteville Depot, LLC (somewhat less than one quarter of an acre) also needed for the City's parking deck's construction (as further described in Exhibit B) for Two Hundred and Fifty Thousand Dollars ($250,000.00); and (3) The City will lease -to -own its about one fifth of an acre building site on the north area of the Civic Plaza next to Dickson Street (as further described in Exhibit C) for its appraised value of Two Hundred and Sixty -Three Thousand Dollars ($263,000.00) payable in 36 consecutive monthly payments of Seven Thousand Three Hundred and Five Dollars ($7,305.00) beginning on the effective date of this contract to Greg House and Ted Belden. The City shall not require these lease -to -own rental payments to be delivered by Greg House or Ted Belden to the City until the end of the three-year period after the beginning of this contract. The City will forgo this payment and forgive this Two Hundred Sixty -Three Thousand Dollar ($263,000.00) debt if: (A) All of the exterior including foundation, walls, windows, door, floors, stairways, elevators, roof and fourth floor rooftop deck of this about 18,000 square foot, three story Food Hall building with its fourth floor rooftop deck (constructed with the materials and in accordance with the design as depicted by Greg House's architect Rob Sharp in his presentation to the City Council and public) has been completed to a "white box" condition by the completion and opening to the public date of the Civic Plaza (the City Council by Resolution may in its sole discretion agree to changes proposed by House and/or Beldon in the original design and materials to be used); and (B) Within twelve (12) months after the completion and opening of the Civic Plaza, the Food Hall building must be completely finished, ready for customers and other tenants and operational to the satisfaction of the City Council in order to justify the City's forbearance and forgiveness of the accumulated rental payment debt of Two Hundred Sixty Three Thousand Dollars ($263,000.00) in consideration of the sales and HMR taxes and other K benefits that this operating Food Hall and other businesses or offices within this large Food Hall building should generate. (C) Upon the payment of Two Hundred Sixty -Three Thousand Dollars ($263,000.00) by Greg House and/or Ted Belden or their complete compliance with the requirements of (A) and (B) above to the City Council's satisfaction, the City agrees it will convey the about one fifth of an acre lot to Greg House and Ted Belden. Without House's and Belden's complete compliance of the requirements of (A) and (B) or their prompt payment of the full Two Hundred Sixty -Three Thousand Dollars ($263,000.00), the City may terminate the lease and sell or lease this .2 acre lot to another entity, or renegotiate with House and/or Belden. (4) In further consideration of the slightly less than one quarter acre parcel that Greg House d/b/a Fayetteville Depot, LLC will sell to the City for Two Hundred and Fifty Thousand Dollars ($250,000.00) and future probable conveyance of the City's one fifth of an acre lot appraised at Two Hundred and Sixty Three Thousand Dollars ($263,000.00) to Greg House (and possibly also to Ted Belden), the City also will convey condominium type rights to a designated portion of about 14,000 square feet on the ground floor of the City's public parking deck for Greg House's commercial space (which may also be used by Fayetteville Depot LLC as parking until leased or otherwise used as commercial space) subject to House's payment of the construction costs outlined below and within Greg House's, Fayetteville Depot, LLC's and Ted Belden's commitments in IV. (5) The City also agrees to pay 50% of costs to provide water/sewer main utility access to the Food Hall site that Greg House d/b/a Fayetteville Depot, LLC and/or Ted Belden plan to build on this .2 acre parcel; and (6) The City through its building construction contractor also agrees to pay Greg House d/b/a Fayetteville Depot, LLC $4,000.00 per month to rent the necessary staging area and construction space on the Depot lot needed for the construction of the City's public parking deck. (7) The City will further authorize Greg House and Ted Belden to build now or within ten (10) years of the date of this contract's approval floor six or floors six and seven above the City's public parking deck upon their payment of the full additional expense for the additional design and construction costs, including foundation and supporting walls strengthening and increased capacity; enhanced, enlarged and/or additional stairways and elevators deemed necessary or advisable by the City to serve their potential uses on the 61h and/or Ern and 7th floors; extension and support of utilities needed and advisable by the City to serve the additional floors; exterior facades for these floors which coordinate with and compliment the City's public parking deck exterior fagade; and compliance with all Unified Development Code requirements for the design, construction and uses allowed for this building. If Greg House and/or Ted Beldon or any other entity constructs the 61n 3 floor or the 7th floor after the City's public parking deck has been completed and is operational, they will be strictly liable for any damage occurring to the City's public parking deck during this construction. Any lay down, staging, or construction area needed or used for future construction of floor 6 and/or floor 7 must be on the Fayetteville Depot's property or other private property rather than on City property or right-of-way and shall not impede the City's use and operation of its public parking deck nor of the Fayetteville Police Substation. IV GREG HOUSE'S, FAYETTEVILLE DEPOT, LLC'S AND TED BELDEN'S COMMITMENTS TO THE CITY OF FAYETTEVILLE In exchange for Two Hundred and Fifty Thousand Dollars ($250,000.00), the lease -to - own and likely conveyance of the .2 acre building site appraised at Two Hundred and Sixty Three Thousand Dollars ($263,000.00), the free use of the about 14,000 square feet of ground level commercial space in the City's public parking deck, and all of the other commitments, promises, terms and conditions within this contract, Greg House, Fayetteville Depot, LLC and Ted Belden agree and covenant as follows: (1) Greg House, the Fayetteville Depot, LLC and Ted Belden promise and agree to sell and convey to the City of Fayetteville their property (somewhat less than one quarter of an acre) as described in Exhibit C to this contract by general warranty deed free and clear of all easements or title impairments. If Ted Belden does not claim any ownership rights to this parcel at the time of conveyance, he may satisfy his part of this conveyance duty by means of a separate quit claim deed to the City. (2) Greg House, the Fayetteville Depot, LLC and Ted Belden agree to the current general design of the City's public parking deck and agree to a condominium -type conveyance of the approximate 14,000 square foot ground floor commercial area designated in the plans of the City's public parking deck. Greg House and/or Ted Belden agree to pay for all associated costs to construct this 14,000 square foot commercial space (which includes the increased costs to construct the top 14,000 square feet of the City's public parking deck necessitated by Greg House's use of the ground floor commercial space). Greg House and Ted Belden agree to finish the exterior of this ground story 14,000 square foot commercial space to commercial standards as shown in the Lack and Hoffman presentation of the arcade, and main building. The City agrees to pay for exterior finishing to those standards for the approximate 2,000 square foot area on the ground floor for the Fayetteville Police Substation and the second floor of the arcade fagade facing West Avenue. (3) Greg House, Fayetteville Depot, LLC and Ted Belden agree to all of the requirements of paragraph III (7) regarding their duties and responsibilities if they wish to exercise their right to construct and use floor six and/or floors six and seven of the City's public parking deck. Failure of Greg House, Fayetteville Depot, LLC or Ted Belden to fully M pay for these additional design and construction costs needed to support and serve floors six and/or six and seven prior to construction of the foundation for the City's public parking deck terminates their rights to later construct these upper floors. (4) All parties agree that the City's main public parking deck building will abut the building now occupied by Arsaga's and be fifteen feet (15') from the West Avenue right-of-way, and that a two story "arcade" section shall fill that fifteen -foot (15') area up to the right- of-way with a finished exterior as shown in the Lack/Hoffman presentation. Greg House, Fayetteville Depot, LLC and Ted Beldon shall be responsible to pay to finish their ground floor section of the arcade and main building to commercial standards as depicted in the Lack/Hoffman presentation. The City shall pay to finish the Fayetteville Police Substation and the second floor of the arcade to that same standard. (5) Greg House, Fayetteville Depot, LLC, and/or Ted Belden further agree to pay all utility costs (initial construction and future use) necessitated by his 14,000 square feet of commercial space on the ground floor and any necessary utilities on floors 6 and/or seven if constructed. Utility costs necessary to serve the Fayetteville Police Department substation (about 2,000 square foot office on the ground floor) will be paid by the City. (6) Greg House, Fayetteville Depot, LLC and/or Ted Belden further agree, promise, and covenant as follows: (A) to provide access of the Transit Hub bus stops for both Dickson Street and West Avenue as illustrated on the MillerBoskus plan. (B) To provide an option to purchase for seven (7) years from the date of this contract for the ground floor area up to a height of fifteen feet (15') between the historic train depot and the freight building now occupied by Arsaga's from the railroad right-of-way to the eastern side of these building for use as a Transit Hub or other public use for the then current fair market value as determined by a qualified, professional, independent appraiser paid for by the City. (C) to convey to the City a permanent conservation easement for the historic depot train station building and all area from the railroad right-of-way to the eastern side of the depot building and from northern side of the historic depot to Dickson Street which will preserve the historic depot building in its current historic condition and prevent any construction above the historic depot building. This conservation easement shall also prohibit any construction upon or the parking of any large vehicles (such as food trucks) on the parking area south of the depot for the area between the railroad right-of-way to the eastern side of the depot building which could obstruct the public view of the historic train depot building from Dickson Street. (D) to refrain from substantially changing or building over the freight building or Hookah Bar space for seven years from the date of this contract, except that Greg House, Fayetteville Depot, LLC, and/or Ted Belden retain the right at their sole 5 expense to construct a roof properly and safely attached on an agreed location on the rear of the City's public parking deck over the freight building to create a one story outdoor covered space. V GENERAL COMMITMENTS FOR ALL PARTIES WHO AGREE AS FOLLOWS: (1) Access to Entire Property. Cross easements for all property currently owned by any party or the subject of this contract shall be provided by all parties to facilitate access and development throughout this site. (2) Closing Date and Place. Closing shall occur within 60 days following the date this Contract has been approved by all parties. The Closing shall occur at 113 West Mountain Street, Fayetteville, Arkansas in a room supplied by the City of Fayetteville or at another location agreed upon by the parties. The Closing Date may be extended upon the mutual agreement of the parties. (3) Date of Possession. Possession of the building site described in Exhibit A and Exhibit B shall be delivered to the City of Fayetteville on the Closing Date free of any tenancies or other third party possessory rights. (4) Possession of Lease Site. Possession through the lease -to -own of the .2 acre site on the Civic Plaza will be delivered to Greg House, Fayetteville Depot, LLC, and/or Ted Belden upon the City's public parking deck completion, and the start of the City's full construction of the West Avenue Parking Lot into the Civic Plaza. (5) Title Insurance. (a) The Bank of Fayetteville shall order a title commitment for its property described in Exhibit A as soon as practicable following the full execution of this contract through Bronson Abstract. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), The Bank shall have thirty (30) days from the date of the City notice of such defects to make a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If such defects are not cured within thirty (30) days, the City may terminate this agreement or may, at its election, take title subject to any such defects. The cost of the title commitment and the cost of the owner's title policy shall be borne by the Bank. (b) Greg House, Fayetteville Depot, LLC and/or Ted Belden shall order a title commitment for its property described in Exhibit B as soon as practicable following the full execution of this contract through Bronson Abstract. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), Greg House and 0 Fayetteville Depot, LLC shall have thirty (30) days from the date of the City notice of such defects to make a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If such defects are not cured withi} thirty (30) days, the City may terminate this agreement or may, at its election, take title subject to any such defects. The cost of the title commitment and the cost of the owner's title policy shall be borne by Greg House, Fayetteville Depot, LLC and/or Ted Belden. (6) Deed, Taxes, Closing Costs and Other Documents. (a) On the Closing date, The Bank of Fayetteville shall convey marketable and insurable title to the property described in Exhibit A by general warranty deed, free and clear of all liens, restriction, and encumbrances except easements and rights - of -way of record, or as provided in this contract. (b) On the Closing date, Greg House and the Fayetteville Depot, LLC (and Ted Belden if applicable) shall convey marketable and insurable title to the property described in Exhibit B by general warranty deed, free and clear of all liens, restriction, and encumbrances except easements and rights -of -way of record, or as provided in this Contract. (7) Taxes and Special Assessments. Taxes and special assessments due for the parcels on or before the date of closing shall be paid by the party selling the parcel. Ad valorem taxes shall be prorated as of the date of closing. All parties shall share equally the cost of a reasonable closing fee imposed by Bronson Abstract and the sellers shall be responsible for any revenue stamps resulting from this transaction. All recordings fees for the deeds and other documents that need to be filed shall be the responsibility of the benefited party. (8) Risk of Loss. Risk of loss as to all property to be conveyed shall remain with the party who owns the tract until the Closing date. (9) All Parties' Due Diligence. All parties may enter upon the property to be conveyed or leased to conduct any surveying, testing or inspection it deems necessary to ensure the property will be appropriate and safe. If any party discovers any problems that would adversely impact its development and use of the property, that party shall notify all other parties within thirty (30) days of the date of this contract and shall be granted thirty (30) days to remediate any problem. Any party may also terminate this contract without penalty rather than remediating any problem or issue discovered. (10) Notices required by this Contract shall be in writing and shall be delivered to: City of Fayetteville ATTN: Mayor's Office 113 W. Mountain Street Fayetteville, AR 72701 Ma or Ua etteviIle-ar: Gov Greg House and Fayetteville Depot, LLC Ted Belden mailing address email address 7 mailing address email address (11) Authority. Each of the undersigned individuals represents and warrants that they are authorized to enter into this contract on behalf of themselves or their respective entities and that execution hereof will bind all parties to this contract. (12) Counterparts. This contract may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. (13) Scanned Signature. For purposes of executing this contract, a scanned signature shall be as effective an as actual signature. (14) Applicable Law. This contract shall be construed and enforced in accordance with the laws of the State of Arkansas with venue in Washington County, Arkansas. (15) Survival. The representations, commitments, and agreements of the parties contained herein shall survive the closing date. (16) No Waivers. The waiver by any party hereto of any commitment, condition, or the breach of any term, covenant or commitment herein contained shall not be • deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. (17) Time of Essence. Time is of the essence in this contract. (18) Complete Agreement. All understandings and agreements heretofore existing between the parties are merged into this contract that alone fully and completely expresses their agreement. This contract may be changed only in writing signed by all of the affected parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deeds delivered to the City at closing. IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this contract and after being properly authorized by the Fayetteville City Council, the Mayor and City -Clerk Treasurer of the City of Fayetteville, Arkansas, sign their names below: CITY OF FAYETTEVILLE, ARKANSAS ATTEST: By: By: Lioneld Jordan, Mayor Kara Paxton, City Clerk -Treasurer Date: 8 IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this contract, after being properly authorized to sign for Fayetteville Depot, LLC and any other entity, we sign their names below: Greg House for himself individually and as proper legal representative or managing partner or agent of Fayetteville Depot, LLC. Date: Greg House Ted Belden, for himself individually, and for any entity for which he has legal authority to approve this contract Date: Ted Belden IN AGREEMENT WITH ALL OF THE TERMS AND COMMITMENTS within Sections I, II and V of this contract, after being properly authorized by the Bank of Fayetteville and its parent company, I sign below: BANK OF FAYETTEVILLE Signature of responsible officer Printed name Title 0 Date: w Q w w J J O U ou H co F— Z O ate' � yr/ \ C,c e` y , ZW 0 w Q F • / yU) X !` W y Aqf co40, T 1 0 TAT i EXISTING SHIN STREET SAI 1 ST. pq kA. A CITY OF FAYETTEVILLE ARKANSAS 1� W / U �• /' Z AID o RAINFOREST RD. k 1 I 1 SAIN STREET IMPROVEMENTS Legistar ID No.: 2020-1054 AGENDA REQUEST FORM FOR: Council Meeting of December 1, 2020 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO CLARIFY THAT CORONAVIRUS SAFETY PROTECTIONS AND IMPROVEMENTS MAY BE REQUIRED BEFORE RENEWING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, AND TO APPROVE AN EMERGENCY CLAUSE APPROVED FOR AGENDA: City Attorney Kit Williams Date 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kara Paxton, City Clerk Kara Paxton CC: Susan Norton, Chief of Staff Chief Reynolds FROM: Kit Williams, City Attorney DATE: November 20, 2020 RE: Coronavirus Safety Regulations for Horse Drawn Carriage Operations Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal The City Administration wants to ensure persons or companies desiring to furnish holiday carriage rides for our citizens and visitors will follow CDC, State Department of Health, City Board of Health and other reasonable guidelines to protect the health and safety of their customers. In order to clarify the City's inherent power to require these necessary pandemic safety measures before an applicant can renew a Certificate of Public Convenience and Necessity, I have drafted a short amendment to Article VII Nonmotorized Passenger Transport Vehicles. I am recommending that the City Council amend §117.18 License Fees not only to require a fee, but to include a provision requiring reasonable pandemic emergency regulations in order to renew a Certificate of Convenience and Necessity. This proposed regulation would require an applicant or holder of a Certificate to require face mask wearing of all customers during their ride. It would also require occupancy limits to a single household family and social distancing for customers waiting to ride the carriage. It would also require an operator to disinfect the carriage after each ride. I have also included an Emergency Clause so these regulations would become effective immediately. -� FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS 117.81 Nonmotorized passenger transport service. The business of offering or providing transportation of Persons for hire, either in a nonmotorized transport vehicle or on horseback, camelback or dromedaryback, when- (1) A driver of handler is furnished as part of the service; and (2) The service is offered only in accordance with a pre -approved route. NOnmetorized passenger transport vehicle drivers permit. A permit issued to an individual by the Chief of Police to operate a nonmotorized passenger transport vehicle or hire in the city. Operate. To drive or be in physical control of a nonmotorized passenger transport vehicle. Permittee. An individual who has been issued a nonmotorized passenger transport vehicle driver's permit under this article. Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two or more persons having a common economic interest. Preapproved route. Nonmotorized passenger transport service operating on a predetermined schedule with fixed pickup and destination points located on a route approved by and on file with the Traffic Superintendent. (Ord. No. 3931, §2, 10-3-95; Ord. No. 4396,§1, Ex.A, 5-21-02; Code 1991, §117.80; Ord. No. 4939, 10-17-06; Ord. No. 5346, 8-17-10) 117,81 Certificate Of Public Convenience And Necessity (A) No person shall operate a nonmotorized passenger transport service within the city without first obtaining a current Certificate of Public Convenience and Necessity from the Public Transit Board established by § 33.320 of the Code of Fayetteville. (B) To obtain a Certificate of Public Convenience and Necessity for a nonmotorized passenger transport service, a person who owns, controls or operates a proposed nonmotorized passen- ger transport service, must submit a proposal which shall be verified and contain the following information: (1) A statement of the type of nonmotorized passenger transport service for which applica- tion is made; (2) The form of business of the applicant; if the business is a corporation or association, a copy of the documents establishing the business, and the name and address of each person with a direct interest in the business; (3) The name, address, and verified signature of the applicant; (4) A description of any past business experience of the applicant, particularly in providing Passenger transportation service; (5) The number and description of vehicles the applicant proposes to use in the operation of the service including year, make, model, manufacturer's rated seating capacity, and state license registration number for each vehicle; CD117:17 117.81 FAYETTEMLLE CODE OF ORDINANCES TITLE A BUSINESS REGULATIONS (6) The number of horses, camels, or dromedaries the applicant proposes to use in the operation of the passenger transport service with a description, including age, color an breed or photograph and a state certificate of veterinarian inspection of each horse, camel or dromedary; (7) A description of the proposed service, including routes, rates or fares to be charged, and schedules, where applicable; (8) Documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this chapter. (9) Such additional information as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted; and, (10) Such additional information as may be determined to be necessary to assist or promote the implementation or enforcement of this ordinance, or the protection of the public safety. (C) In deciding whether to issue or deny an application for a Certificate of Public Convenience and Necessity to operate a nonmotorized passenger transport service, the Public Transit Board shall consider, but not be limited to, the following: (1) Whether the public convenience and necessity requires the proposed service; (2) Whether the applicant has complied with all requirements of this ordinance for providing the service applied for; (3) The current safety record of the applicant, and the previous safety record, if the applicant has operated a nonmotorized passenger transport service in the past. (4) Number and description of all nonmotorized passenger transport vehicles to be used, where applicable; (5) Number and description of all horses, camels and dromedaries to be used; (6) If nonmotorized passenger transport vehicles are employed, the number of passengers that may be safely transported in each vehicle based on the size of the vehicle and the type of horse pulling it; (7) Customers to be served; (8) Places for loading or unloading passengers; (9) Hours of operation; (10) Schedules and routes to be followed; (11) Rates to be charged; (12) The use of special safety equipment. (13) The use of the special sanitary devices and special care procedures for horses, camels and dromedaries; and (14) Special conditions or limitations. CD117:18 FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS 117.83 (D) The Public Transit Board shall issue a Certificate of Public Convenience and Necessity to the applicant, if it is determined that: (1) The applicant has complied with all requirements for issuance of the certificate; (2) That public convenience and necessity require the operation of the proposed service; and (3) The applicant has not made a false statement as to a material matter in an application for a certificate. (E) Ifthe Public Transit Board determines that the requirements set forth above have not been met, the Public Transit Board shall deny the certificate. (Ord. No. 3931, §4, 10-3-95; Ord. No. 4396, §1, Ex. A, 5-21-02; Code 1991, §117.81; Ord. No. 4939, 10-17-06) 117.82 Route Approval (A) All routes shall be approved by the city'. Traffic Superintendent. A Holders shall submit to the city's Traffic Superintendent all requests for temporary changes in authorized routes, hours of operation, 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. (Ord. No. 3931. §5, 10-3-95; Ord. No. 4396, §1, Ex. A, 5-21-02) 117.83 Nonmotorized Passenger Transport Vehicle Drivers Permit (A) No person shall operate a nonmotorized passenger transport vehicle for hire upon the streets of the city, and no person who owns or controls a nonmotorized passenger transport vehicle shall permit it to be so operated, and no nonmotorized passenger transport vehicle licensed by the city shall be so operated at any time for hire, unless the driver of said vehicle shall have first obtained and shall have then in force a nonmotorized passenger transport vehicle drivers permit issued under the provisions of this article. (B) Drivers Permit Required. (1) An application for a nonmotorized passenger transport vehicle drivers permit shall be filed with the Chief of Police on forms provided by the city and such application shall be verified under oath and shall contain the following information: (a) 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; and (b) A concise history of his/her employment; (C) The Police Department shall conduct an investigation of each applicant for a nonmotorized passenger transport vehicle 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. CD117:19 FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS 117.89 or qualified animal service officer is in imminent danger. To reinstate a horse, camel or dromedary removed from service the animal must be re-examined and a new State Certificate of Veterinarian Inspection must be submitted to the animal control officer. (4) For purposes of this section, a horse, camel or dromedary is considered to be working any time it is on the public street or sidewalk, or other public right-of-way, during any hour Of operation of the nonmotorized passenger transport service that is authorized by and on rile with the Traffic Superintendent. (B) Vehicle Inspection and Maintenance. Each vehicle shall comply with all the safety require- ments imposed by all slate, federal or local laws applicable to the vehicle involved. (C) Required Equipment. (1) NOnmOtolized Passenger Transport Vehicles. (a) A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each nonmotorized passenger transport vehicle- (i) Headlights; (it) Taillights; (iii) Flashing lights; (iv) Approved braking system; (v) Rubber on all wheels; NO A "slow moving vehicle" sign attached to the rear of the vehicle; (vii) Evidence of insurance: (viii) A copy of this article. (2) Helmets. Unless the operator, holder, or handler of a pony, horse, camel or dromedary ride keeps all of its mounted ponies, horses, camels or dromedaries adequately and safely tethered to a ring apparatus, the operator, holder or handler shall ensure that every rider wears an equestrian or bicycle -type safety helmet while riding on horseback, camelback or dromedaryback. (Ord. No. 3931, §9, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02; Code 1991, §117.87; Ord. No. 4497 06-17-03; Ord, No. 4939, 10-17-06) 117.88 Transfer Of Certificate No Certificate of Public Convenience and Necessity maybe sold, assigned, mortgaged, or otherwise transferred without the consent of the Public Transit Board. (Ord. No. 3931, §10, 10-3-95; Ord. No. 4396, Ex, A, 5-21-02; Code 1991, §117.88) 117.89 License Fees No certificate shall be issued or continued in operation unless the holder thereof has paid annual license fee of $250.00 for the right to operate a nonmotorized passenger transport service under a CD117:23 117.89 FAYETTEVILLE CODE OF ORDINANCES TITLE A BUSINESS REGULATIONS Certificate of Public Convenience and Necessity. The license fees shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to the holder. (Ord. No. 3931, §11, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02; Code 1991, §117.89) 117.90 Suspension, Revocation Of Certificate (A) A certificate issued under the provisions of this article may be revoked or suspended by the Public Transit Board 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. (Ord. No. 3931, §12, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02) 117.91 A.D.A. Compliance Holder shall comply with all applicable provisions of the Americans with Disabilities Act. (Ord. No. 3931, §13, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02; Coda 1991, §117.91) 117.92 Authority To Summon Veterinarian The Police Department is hereby authorized to immediately summon the City Veterinarian (or other licensed veterinarian as available) if at any time an officer reasonably believes a horse, pony, camel or dromedary is ill, overtired, undernourished, overloaded, injured, or lame or whose health or life may otherwise be in imminent danger. (Ord. No. 3931, §14, 10-3-95: Ord. No. 4396, Ex. A, 5-21-02; Code 1991, §117.92; Ord. No. 4939, 10-17-06) ARTICLE Vill LIGHTS OF THE O ARKS 117.93 Lights Of The Ozarks (A) Establishment, Location and Parking Restrictions. The Lights of the Ozarks celebration is hereby established in the city as an annual celebration beginning after the end of Farmers' Market (around Thanksgiving) and running through January 1 of the next year. This event shall be located on those interior parking spaces (adjoining the Old Post Office) of the Downtown Square and on the sidewalks adjoining those parking spaces as well as those portions of the Town Center Plaza needed for this event's success. The block of East Avenue between Mountain Street and Center Street may be restricted to horse-drawn carriages, pony rides, or other event vendors. No vendor shall obstruct pedestrian traffic on public sidewalks nor shall more parking spaces be utilized for vendors than absolutely necessary. The Fayetteville CD117:24 Legistar ID No.: 2020-1036 AGENDA REQUEST FORM FOR: Council Meeting of December 1, 2020 FROM: Council Member Kyle Smith ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO ENACT ARTICLE XXXI COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE APPROVED FOR AGENDA: 11/19/2020 Council Member Kyle Smith Date Asst. City Attorney Blake Pennington Date Approved as to form ORDINANCE NO. AN ORDINANCE TO ENACT ARTICLE XXXI COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE WHEREAS, the City has had increased public interest in supporting low- and moderate -income residents with the challenges of housing affordability and low wages; and WHEREAS, the Northwest Arkansas Continuum of Care, of which the City of Fayetteville is a member, has made a commitment to ending homelessness in Fayetteville by 2025; and WHEREAS, Fayetteville has been supporting low- and moderate -income residents as a Community Development Block Grant ("CDGB") entitlement city for more than 40 years; and WHEREAS, 24 C.F.R. § 91.105 was amended in 2015 to encourage greater citizen participation in the development of CDBG plans and reports and expanding the committee to include diverse representatives of the community will be of great benefit to the residents of Fayetteville, particularly the low- to moderate -income residents who benefit the most from CDBG funds. WHEREAS, the City of Fayetteville's CDBG grant ranking committee is currently comprised of only City staff members; and WHEREAS, the City of Fayetteville has a longstanding tradition of transparency and community involvement via resident advisory boards; 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 XXXI Community Development and Assistance Programs Advisory Board in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: "33.430 Purpose The purpose of the Community Development and Assistance Programs Advisory Board is to: (A)Promote community involvement in the prioritization of community development initiatives; (B) Improve community awareness of the community development and public assistance programs provided by the City of Fayetteville. (C) Advise the Community Resources Division and the City Council on the proposed use of Community Development Block Grant and other grant funds. 33.431 Composition; Membership (A) The Community Development and Assistance Programs Advisory Board shall consist of seven voting members as follows: (1) Six voting members appointed by the City Council as follows: (a) One member involved in housing services. (b) One member involved in homelessness services. (c) One member involved with community food systems (d) One member representing local small business. (e) Two members shall be residents at large. (2) One voting member shall be a staff member appointed by the Mayor. (B) Appointments should be made with consideration of appropriate demographic representation of the residents of Fayetteville, and to encourage the participation of low- to moderate- income residents served by the relevant programs. (C) The members appointed by the City Council shall serve for a term of three years ending on December 31. Appointments shall be staggered. (D) Additional non -voting staff members or organizational advisors may be designated by the Mayor or invited by the committee to assist the board in the conduct of its business. 33.432 Officers At the first regularly scheduled meeting of each calendar year the board shall elect from among its members a chairperson and vice -chairperson, who shall each serve until the end of that calendar year. The board may elect such additional officers as it deems necessary for the proper performance of its duties. 33.433 Powers and Duties (A) The Community Development and Assistance Programs Advisory Board shall: (1) Make recommendations to the Mayor and City Council regarding the priorities of the city's efforts to serve low- and moderate -income residents; (2) Participate in the development of the Community Development Blog Grant 5-year Plans, or intermediate amendments, for adoption by the City Council; (3) Provide a venue for Housing and Urban Development -mandated public hearings and to review comments received during HUD -mandated public comment periods; (4) Receive Consolidated Annual Performance and Evaluation Reports; (5) Analyze requests for funds in relation to the needs of the community and the amount of funds available and make recommendations to the Mayor and City Council as to which programs should be funded and at which levels in any given year; (6) Promote public awareness of funding opportunities and processes through proactive community outreach efforts; (7) Identify additional revenue sources including, but not limited to state and federal grants, non-profit grants, or community partnerships. (B) The Board may adopt such rules of order and procedure as are necessary to carry out its duties. (C) Board members with a direct or indirect financial interest in any eligible agency shall recuse themselves from discussion and voting on subgrant awards for which their agency has applied. 33.434 Meetings (A) Meetings shall be held at least monthly. Additional meetings shall be held as needed to review and make recommendations on applications, to meet U.S. Department of Housing and Urban Development regulations regarding required schedules for timely distribution of funds, and to comply with mandatory timelines for public review and comment on proposed plans. (B) The Board shall review its meeting schedule and public comment rules at the first meeting each calendar year to minimize barriers for participation by low-income residents. (C) Meetings shall be open to the public and records shall be kept in accordance with state and federal law. (D) Inability or failure of the Board to meet shall not prevent the Mayor or staff from taking action in response to emergency funding opportunities available from the U.S. Department of Housing and Urban Development or other sources." PASSED and APPROVED this APPROVED: an day of ATTEST: am iff LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer Ll� DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council FROM: Blake Pennington, Assistant City Attorne- DATE: November 20, 2020 Y� RE: Community Development and Assistance Programs Advisory Board ,u c> Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Community Resources Director Yolanda Fields provided a copy of Councilmember Smith's proposed ordinance to her U.S. Department of Housing and Urban Development contact in Arkansas. HUD has advised that such a change will require an amendment to the City's Citizen Participation Plan, a copy of which is attached for your reference. The Citizen Participation Plan is required by 24 CFR § 91.105 for the City to accept and disburse CDBG money. Page 1 provides that "the City will provide citizens with an opportunity to comment on any substantial amendments to the Citizen Participation Plan." The specific provisions for making amendments to plans begin on page 3 of the attachment. I have suggested, and Councilmember Smith has agreed, that a delayed effective date for this ordinance, if approved, will allow staff to follow the steps required to make the necessary amendment to the Citizen Participation Plan. Those additional steps are as follows: 1. The Community Resources Division will draft the necessary amendment to the Plan providing for the Board's involvement in the CDBG processes. 2. The City must publish the amendment in the newspaper and make it available for review on the City website. 3. The public will have 30 days in which to provide any comments to the amendments. This may include a public hearing. 4. The amended Plan will be submitted to HUD for final approval along with a summary of any comments that were submitted and the Citys response to those comments. It is important to have a final version of the City Council's policy direction on this so the City can draft and publish the proposed amendment to the Citizen Participation Plan. Therefore, attached is a revised ordinance with a new Section 2 as follows: "Section 2: That the City Council of the City of Fayetteville, Arkansas determines that this ordinance shall take effect on February 28, 2021, to allow City staff time to amend the Community Development Block Grant Citizen Participation Plan and receive approval from the US Department of Housing and Urban Development; and requests the City Clerk Treasurer, and the Nominating Committee take appropriate steps to advertise open positions, interview applicants and make appointments for Community Development and Assistance Programs Advisory Board terms beginning on April 1, 2021." Ii CITY OF FAYETTEVILLE ARKANSAS CITIZEN PARTICIPATION PLAN 24 CFR 91 (SEC. 91.105) APPLICABILITY The legislation which created the Community Development Block Grant (CDBG) Program and regulation implementing it encourages citizen participation in planning, carrying out and evaluating local CDBG activities. As the regulation gives maximum feasible priority to activities which benefit low- to moderate -income persons, this Citizen Participation Plan especially provides for and encourages participation of low- to moderate- income families and individuals living in low- to moderate -income areas of the City of Fayetteville. CITIZEN PARTICIPATION The City will take whatever actions are appropriate to encourage its citizens including (a) Minorities and non-English speaking persons (b) Persons with disabilities (c) Residents of public and assisted housing developments (d) Extremely low, very low, low and moderate -income individuals and families (e) Residents living in slum and blighted areas (f) Areas where CDBG funds are proposed to be used (g) Residents in predominantly low- to moderate -income neighborhoods, along with other low- income residents of the City (h) Particularly residents in Southeast Fayetteville which is the targeted revitalization area The City encourages the participation of its residents in the process of developing the (a) Consolidated Plan and Annual Action Plans (b) Substantial Amendments to the Plan (c) Consolidated Annual Performance and Evaluation Report (d) Citizen Participation Plan and any amendments to the plan The City will provide citizens with an opportunity to comment on any substantial amendments to the Citizen Participation Plan. Ii CITY OF FAYETTEVILLE ARKANSAS ACCESS TO INFORMATION The City will make available to citizens, public agencies and other interested parties the amount of assistance the City expects to receive from CDBG grants and program income. The City will provide an estimated amount that will benefit persons whose income levels range from low- to moderate -income levels. Citizens, public agencies and other interested parties, especially those most affected, will have the opportunity to receive information, review and submit comments on any submission concerning the proposed activities. COMMENT PERIODS The City encourages its citizens to comment during the development of the Consolidated Plan and Annual Action Plans prior to submission. A summary of all comments and views shall be attached to the final Consolidated Plan and Annual Action Plans. The comment period from citizens and groups will be 30 days, unless waived by HUD, with the dates listed in the Public Comment and Hearing advertisement for the Consolidated Plan and Annual Action Plans that is published in the Northwest Arkansas Democrat Gazette, La Prensa Libre and on the City website. The City will consider any comments or views of citizens, received in writing or orally during the public comment period and at the public hearing, in preparing the final Consolidated Plan and Annual Action Plans. A summary of all comments and views shall be attached to the Consolidated Plan and Annual Action Plans. The City will provide timely written replies to complaints and grievances; within 15 days when practical. PUBLISHING A summary of the proposed Consolidated Plan and Annual Action Plans will be published in the Northwest Arkansas Democrat Gazette, La Prensa Libre and on the City website. The summary shall describe the contents and the purpose of the Consolidated Plan and Annual Action Plans and identify the locations where the entire proposed Consolidated Plan and Annual Action Plans may be examined. Copies of the Consolidated Plan and Annual Action Plans will be made available at the Community Resources Office, the City Clerk's Office and on the City website. A digital copy of the plan will be made available to citizens or groups that request it. AMENDMENTS The City shall amend its approved plan whenever it makes one of the following decisions (a) A change in its allocation priorities (b) A change in its method of distribution of funds (c) To carry out a new activity using funds, from any program covered by the Consolidated Plan and Annual Action Plans not previously described in the approved plan (d) To change the purpose, scope, location or beneficiaries of an activity Ii CITY OF FAYETTEVILLE ARKANSAS AMENDMENTS continued The City encourages its citizens to comment on substantial amendments to the plan. A substantial amendment is a change in the allocation of $100,000.00 or greater and a change in the use of CDBG funds. The City shall make the amendment available to the public. The comment period from citizens and groups will be 30 days, unless waived by HUD, with the dates listed in the Public Comment advertisement published in the Northwest Arkansas Democrat Gazette and the City website. The amendment will not be implemented until the comment period has elapsed. The City shall consider all comments and views of citizens on the amendment submitted in writing or orally. A summary of all comments and views, as well as, a summary of any comments and views not accepted and the reasons therefore, shall be attached to the substantial amendment of the Consolidated Plan and Annual Action Plans. The City shall notify the Department of Housing & Urban Development (HUD) that an amendment has been made. PERFORMANCE REPORTS The City encourages its citizens to comment on performance reports The Consolidated Annual Performance and Evaluation Report (CAPER) will be made available to the public. A notice will be published in the Northwest Arkansas Democrat Gazette & La Prensa Libre that the performance report is available for comment. Copies of the CAPER will be made available at the Community Resources Office, the City Clerk's Office and on the City website. The Community Development Office will accept comments for 30 days, with the dates specified in the notices published in the Northwest Arkansas Democrat Gazette, La Prensa Libre and the City website. The City shall consider all comments and views of citizens submitted in writing or orally during the comment period. A summary of all comments and views shall be attached to the Consolidated Annual Performance and Evaluation Report. Ii CITY OF FAYETTEVILLE ARKANSAS PUBLIC HEARINGS The City will provide a minimum of two public hearings during each program year, with one held before the proposed Consolidated Plan or Annual Action Plan are submitted to HUD. These hearings will be conveniently timed and located for people who might or will benefit from program funds. The hearings will be held in an area that is accessible to people with disabilities. The hearings will be adequately publicized. The hearings will be held to obtain views of citizens, public agencies and other interested parties that will or may be affected by program funds. In the case of a public hearing where a significant number of non-English speaking persons are expected a bilingual (English/Spanish) speaking person shall be present. DISPLACEMENT The City plans to minimize displacement of persons and will assist any persons displaced. The City expects no displacements to occur. TECHNICAL ASSISTANCE Technical assistance will be provided to groups that request assistance in developing a proposal under the Consolidated Plan or Annual Action Plan submission. The assistance shall be provided by Community Development Program staff. A bilingual (English/Spanish) speaking person shall be made available to non-English speaking persons. ADDRESS All comments and complaints may be made in writing, via email, or by phone: City of Fayetteville Community Resources Division Attn: Yolanda Fields, Community Resources Director 113 W Mountain Street Fayetteville, Arkansas 72701 yfields(cDfayetteville-ar.gov (479) 575-8260 ORDINANCE NO. AN ORDINANCE TO ENACT ARTICLE XXXI COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADVISORY BOARD IN CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE FAYETTEVILLE CODE WHEREAS, the City has had increased public interest in supporting low- and moderate -income residents with the challenges of housing affordability and low wages; and WHEREAS, the Northwest Arkansas Continuum of Care, of which the City of Fayetteville is a member, has made a commitment to ending homelessness in Fayetteville by 2025; and WHEREAS, Fayetteville has been supporting low- and moderate -income residents as a Community Development Block Grant ("CDGB") entitlement city for more than 40 years; and WHEREAS, 24 C.F.R. § 91.105 was amended in 2015 to encourage greater citizen participation in the development of CDBG plans and reports and expanding the committee to include diverse representatives of the community will be of great benefit to the residents of Fayetteville, particularly the low- to moderate -income residents who benefit the most from CDBG funds. WHEREAS, the City of Fayetteville's CDBG grant ranking committee is currently comprised of only City staff members; and WHEREAS, the City of Fayetteville has a longstanding tradition of transparency and community involvement via resident advisory boards; 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 XXXI Community Development and Assistance Programs Advisory Board in Chapter 33, Departments, Boards, Commissions and Authorities as shown below: "33.430 Purpose The purpose of the Community Development and Assistance Programs Advisory Board is to: (A)Promote community involvement in the prioritization of community development initiatives; (B) Improve community awareness of the community development and public assistance programs provided by the City of Fayetteville. (C) Advise the Community Resources Division and the City Council on the proposed use of Community Development Block Grant and other grant funds. 33.431 Composition; Membership (A) The Community Development and Assistance Programs Advisory Board shall consist of seven voting members as follows: (1) Six voting members appointed by the City Council as follows: (a) One member involved in housing services. (b) One member involved in homelessness services. (c) One member involved with community food systems (d) One member representing local small business. (e) Two members shall be residents at large. (2) One voting member shall be a staff member appointed by the Mayor. (B) Appointments should be made with consideration of appropriate demographic representation of the residents of Fayetteville, and to encourage the participation of low- to moderate- income residents served by the relevant programs. (C) The members appointed by the City Council shall serve for a term of three years ending on December 31. Appointments shall be staggered. (D) Additional non -voting staff members or organizational advisors may be designated by the Mayor or invited by the committee to assist the board in the conduct of its business. 33.432 Officers At the first regularly scheduled meeting of each calendar year the board shall elect from among its members a chairperson and vice -chairperson, who shall each serve until the end of that calendar year. The board may elect such additional officers as it deems necessary for the proper performance of its duties. 33.433 Powers and Duties (A) The Community Development and Assistance Programs Advisory Board shall: (1) Make recommendations to the Mayor and City Council regarding the priorities of the city's efforts to serve low- and moderate -income residents; (2) Participate in the development of the Community Development Blog Grant 5-year Plans, or intermediate amendments, for adoption by the City Council; (3) Provide a venue for Housing and Urban Development -mandated public hearings and to review comments received during HUD -mandated public comment periods; (4) Receive Consolidated Annual Performance and Evaluation Reports; (5) Analyze requests for funds in relation to the needs of the community and the amount of funds available and make recommendations to the Mayor and City Council as to which programs should be funded and at which levels in any given year; (6) Promote public awareness of funding opportunities and processes through proactive community outreach efforts; (7) Identify additional revenue sources including, but not limited to state and federal grants, non-profit grants, or community partnerships. (B) The Board may adopt such rules of order and procedure as are necessary to carry out its duties. (C) Board members with a direct or indirect financial interest in any eligible agency shall recuse themselves from discussion and voting on subgrant awards for which their agency has applied. 33.434 Meetings (A) Meetings shall be held at least monthly. Additional meetings shall be held as needed to review and make recommendations on applications, to meet U.S. Department of Housing and Urban Development regulations regarding required schedules for timely distribution of funds, and to comply with mandatory timelines for public review and comment on proposed plans. (B) The Board shall review its meeting schedule and public comment rules at the first meeting each calendar year to minimize barriers for participation by low-income residents. (C) Meetings shall be open to the public and records shall be kept in accordance with state and federal law. (D) Inability or failure of the Board to meet shall not prevent the Mayor or staff from taking action in response to emergency funding opportunities available from the U.S. Department of Housing and Urban Development or other sources. Section 2: That the City Council of the City of Fayetteville, Arkansas determines that this ordinance shall take effect on February 28, 2021, to allow City staff time to amend the Community Development Block Grant Citizen Participation Plan and receive approval from the US Department of Housing and Urban Development; and requests the City Clerk Treasurer, and the Nominating Committee take appropriate steps to advertise open positions, interview applicants and make appointments for Community Development and Assistance Programs Advisory Board terms beginning on April 1, 2021." PASSED and APPROVED this APPROVED: day of , 20 ATTEST: By: By: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, November 24, 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 November 24, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2019-0967 MONTHLY FINANCIAL REPORT Agenda Additions A. Consent: A.1 2019-0991 APPROVAL OF THE NOVEMBER 17, 2020 CITY COUNCIL MEETING MINUTES A.2 2020-0691 GFAR LESSEE LLC DB/A GRADUATE FAYETTEVILLE: A RESOLUTION TO APPROVE AN AMENDMENT TO THE LEASE AGREEMENT WITH GFAR LESSEE LLC DB/A GRADUATE FAYETTEVILLE BY RETROACTIVELY REDUCING THE NUMBER OF LEASED PARKING SPACES IN THE MEADOW STREET MUNICIPAL PARKING DECK FOR THE PERIOD FROM APRIL 1, 2020 TO JUNE 30, 2020, AND TO EXTEND THE LEASE AGREEMENT FOR ONE ADDITIONAL SEVEN YEAR TERM THROUGH 2O33 City of Fayetteville, Arkansas Page 2 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 A.3 AA A.5 A.6 2020-0942 SOUTHWESTERN ELECTRIC POWER COMPANY: A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH SOUTHWESTERN ELECTRIC POWER COMPANY TO PROVIDE AT ITS OWN COSTS ALL MATERIALS AND LABOR NEEDED TO MOVE THE OVERHEAD ELECTRICAL SERVICE TO UNDERGROUND SERVICE ALONG WEST AVENUE TO SATISFY ANY AND ALL THE DAMAGES THE CITY SUFFERED TO ELECTRICAL EQUIPMENT IN CITY HALL AND THE POLICE STATION FROM FAULTY TRANSFORMER VOLTAGE SURGES 2020-0996 I-49 AND MLK PARTNERING WITH ARDOT: A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO WORK WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION TO COMPLETE IMPROVEMENTS TO THE I-49 AND MARTIN LUTHER KING JR. BOULEVARD INTERCHANGE 2020-0992 MCCLELLAND CONSULTING ENGINEERS, INC AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $18,725.00 TO PROVIDE ADDITIONAL DESIGN SERVICES ASSOCIATED WITH THE WEST CENTER STREET AND NORTH HARMON AVENUE INTERSECTION PROJECT - 2019 STREET IMPROVEMENTS BOND PROJECT 2020-0923 EXPRESS INTENT FOR TRAIL ECONOMIC DEVELOPMENT: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO STUDY AND DEVELOP ORDINANCES TO REGULATE AND PROMOTE TRAIL ECONOMIC DEVELOPMENT IN THE CITY OF FAYETTEVILLE City of Fayetteville, Arkansas Page 3 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 A.7 A.8 A.9 2020-1005 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 33.1 TRAINING; 41.3.5 GROOMING AND UNIFORM REQUIREMENTS; AND 46.1.2 CRITICAL INCIDENTS 2020-1006 ELECTRIC MOTOR CENTER: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $22,536.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM ELECTRIC MOTOR CENTER FOR THE REPAIR OF AN INFLUENT PUMP AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 2020-1010 BID #20-81 PALADINO PAINTING CO., LLC: A RESOLUTION TO AWARD BID #20-81 AND AUTHORIZE A CONTRACT WITH PALADINO PAINTING CO., LLC IN THE AMOUNT OF $107,575.00 FOR CONSTRUCTION RELATED TO THE REMOVAL AND REPLACEMENT OF VARIOUS SECONDARY CONTAINMENT LINER SYSTEMS AT THE NOLAND WATER RESOURCE RECOVERY FACILITY B. Unfinished Business: City of Fayetteville, Arkansas Page 4 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 B.1 2020-0943 RFQ-19-01 OLSSON , INC. AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $154,900.00 FOR THE REMAINING ARCHITECTURAL SERVICES RELATED TO THE REPLACEMENT PARKING DECK FOR THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT At the 11/17/20 City Council meeting this item was tabled for two weeks. C. New Business: C.1 2020-0901 FAYETTEVILLE YOUTH CENTER, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF $225,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH AND CITIZENS OF FAYETTEVILLE FOR 2021 C.2 2020-0902 AREA AGENCY ON AGING OF NORTHWEST ARKANSAS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS IN THE AMOUNT OF $109,080.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE SENIOR CITIZENS OF FAYETTEVILLE FOR 2021 City of Fayetteville, Arkansas Page 5 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 C.3 CA C.5 2020-0991 2021 SEVEN HILLS HOMELESS CENTER FUNDING: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER IN THE AMOUNT OF $113,400.00 FOR SERVICES TO HOMELESS AND NEEDY RESIDENTS IN FAYETTEVILLE IN 2021 2020-0990 MIKE PARKER COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH MIKE PARKER FOR CONSTRUCTION OF A SEWER LINE ALONG A PORTION OF NORTH SHADY LANE AND A PORTION OF PROPERTY NORTH OF WEST HOLLY STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $40,885.19 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,177.04 2020-0993 NWA LD, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH NWA LD, LLC FOR THE UPSIZING OF A PLANNED SEWER CREEK CROSSING ASSOCIATED WITH CRYSTAL SPRINGS SUBDIVISION PHASE IV WITH A REFUND IN AN AMOUNT NOT TO EXCEED $26,670.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,334.00 City of Fayetteville, Arkansas Page 6 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 C.6 C.7 C.8 2020-0994 23 W 5TH STREET QOZB, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 23 W 5TH STREET QOZB, LLC FOR THE EXTENSION OF A SEWER LINE NEAR THE CORNER OF SOUTH BLOCK AVENUE AND WEST 5TH STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $16,898.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,379.60 2020-1009 DUSTIN DAVIS AND RYAN YOUNGBLOOD DAVIS: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND DUSTIN AND RYAN YOUNGBLOOD DAVIS TO ACQUIRE ABOUT 0.72 ACRES OF LAND LOCATED NEAR FIRE TOWER ROAD/COUNTY ROAD 4343 FOR THE CONSTRUCTION OF A NEW BENSON MOUNTAIN WATER SUPPLY TANK IN EXCHANGE FOR A PAYMENT OF $23,000.00 PLUS CLOSING COSTS, THE CONVEYANCE OF A CITY -OWNED 0.06 ACRE PARCEL, AND OTHER CONSIDERATION 2020-0854 BID #20-83 CROSSLAND HEAVY CONTRACTORS, INC. - 2019 TRANSPORTATION BOND PROJECT: A RESOLUTION TO AWARD BID #20-83 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $4,380,859.87 FOR THE CONSTRUCTION OF THE SAIN STREET EXTENSION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $438,086.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENTS BOND PROJECT City of Fayetteville, Arkansas Page 7 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 C.9 C.10 C.11 C.12 2020-0949 BURNS & MCDONNELL ENGINEERING COMPANY INC. SUPPLEMENT AGREEMENT NO.2: A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $294,086.00 FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE SAIN STREET EXTENSION PROJECT 2020-0984 AMEND 50.40 RATES FOR SERVICES: AN ORDINANCE TO AMEND § 50.40 RATES FOR SERVICES OF THE FAYETTEVILLE CITY CODE TO CHANGE THE COMMERCIAL CART SIZE FROM 95 GALLON TO 96 GALLON AND TO ENACT A LEASE FEE FOR THOSE CARTS 2020-0997 RZN-2020-016 (1011 S. HOLLYWOOD AVE.IWATSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-016 LOCATED AT 1011 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 1.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES 2020-1002 RZN 2020-019 (907 S. HOLLYWOOD AVE./WATSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-019 LOCATED AT 907 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 0.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES City of Fayetteville, Arkansas Page 8 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 C.13 C.14 C.15 C.16 2020-1003 RZN 2020-014(SE OF I-49 & WEDINGTON DR./MARINONI FARM): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-014 LOCATED SOUTHEAST OF I-49 AND WEDINGTON DRIVE FOR APPROXIMATELY 112.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; R-O, RESIDENTIAL OFFICE; AND C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN THOROUGHFARE AND CS, COMMUNITY SERVICES 2020-1004 RZN-2020-018 (310 & 325 N. FLETCHER AVE./MCDONALD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-018 LOCATED AT 310 AND 325 NORTH FLETCHER AVENUE FOR APPROXIMATELY 0.92 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE 2020-1001 AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES: AN ORDINANCE TO AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES OF ARTICLE XXII ARTS COUNCIL OF THE FAYETTEVILLE CODE 2020-1012 SHORT-TERM RENTAL REGULATIONS: AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF CHAPTER 118 BUSINESS REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING OF CHAPTER 162 USE UNITS, AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO PERMIT AND INSPECT THE RENTALS D. City Council Agenda Session Presentations: City of Fayetteville, Arkansas Page 9 Printed on 1111912020 City Council Agenda Session Tentative Agenda November 24, 2020 D.1 2020-1037 AGENDA SESSION PRESENTATIONS: SALES TAX REPORT - PAUL BECKER ENERGY REPORT - PETER NIERENGARTEN E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 10 Printed on 1111912020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0967 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: 1. MONTHLY FINANCIAL REPORT File Type: Report City of Fayetteville, Arkansas Page 1 Printed on 1111912020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0991 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A.1 APPROVAL OF THE NOVEMBER 17, 2020 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 1111912020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0691 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 GFAR LESSEE LLC D/B/A GRADUATE FAYETTEVILLE: A RESOLUTION TO APPROVE AN AMENDMENT TO THE LEASE AGREEMENT WITH GFAR LESSEE LLC DB/A GRADUATE FAYETTEVILLE BY RETROACTIVELY REDUCING THE NUMBER OF LEASED PARKING SPACES IN THE MEADOW STREET MUNICIPAL PARKING DECK FOR THE PERIOD FROM APRIL 1, 2020 TO JUNE 30, 2020, AND TO EXTEND THE LEASE AGREEMENT FOR ONE ADDITIONAL SEVEN YEAR TERM THROUGH 2O33 WHEREAS, since 1990, the City has leased to the owners of the Graduate Hotel 178 parking spaces located on the first and third levels of the Meadow Street Municipal Parking Deck at a rate of $50.00 per space per month; and WHEREAS, the Graduate Hotel was forced to close earlier this year because of the COVID-19 pandemic and has requested to retroactively reduce the number of parking spaces that it leased from the City for the time period of April 1, 2020 through June 30, 2020, by removing the spaces on the third level of the parking deck from the lease agreement; and WHEREAS, the Graduate Hotel has requested to add an additional seven (7) year term to the lease agreement, which would extend the agreement through 2033. 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 the Amended and Restated Lease of Meadow Street Parking Deck with GFAR Lessee LLC DB/A Graduate Fayetteville for the use of parking spaces in the Meadow Street Municipal Parking Deck, which retroactively reduces the number of leased parking spaces by removing the third level parking for the period from April 1, 2020 to June 30, 2020 and extends the Lease Agreement for one additional seven year term. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 Justin Clay Submitted By City of Fayetteville Staff Review Form cucu-uby1 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/10/2020 PARKING MANAGEMENT (430) Submitted Date Division / Department Action Recommendation: Amending the lease agreement with the GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE for use of parking spaces in the Meadow Street Municipal Parking Deck Account Number Project Number Budgeted Item? NA Budget Impact: Fund Project Title 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 # 193-16 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Peter Nierengarten, Environmental Director FROM: Justin Clay, Parking Manager DATE: November 10, 2020 CITY COUNCIL MEMO SUBJECT: Parking Lease Amendment with Graduate Hotel RECOMMENDATION: Staff recommends amending the lease agreement with the Graduate Hotel for use of parking spaces in the Meadow Street Municipal Parking Deck by reducing the amount of spaces to include the first level of the deck only for the timeframe from April 1, 2020 to June 30, 2020 and to extend the lease agreement for one additional seven (7) year term. BACKGROUND: Since 1990, the City has leased to the owners of the hotel the 178 parking spaces located on the first and third levels of the Meadow Street Municipal Parking Deck at a rate of $50 per space per month. The current agreement is in the second seven (7) year term and is set to expire in 2026. DISCUSSION: The Graduate Hotel was forced to close earlier this year due to the COVID19 pandemic. The hotel has since reopened and would like to retroactively reduce the number of parking spaces that it leased from the City for the timeframe from April 1, 2020, to June 30, 2020, by removing the spaces on the third level from its lease agreement. In addition, the Graduate Hotel has requested to add one additional seven (7) year term to the lease agreement, thus extending the agreement to 2033. Additional amendment language allows the City to increase the rate up to 20% during the third term and requires the two parties to discuss the rate structure one year prior to the beginning of the third term. BUDGET/STAFF IMPACT: Loss of $13,350 in revenue for the three-month period April -June 2020 during the hotel closure. Attachments: Meadow Street Parking Deck Amended and Restated Lease Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AMENDED AND RESTATED LEASE OF MEADOW STREET PARKING DECK This Amended and Restated Lease of Meadow Street Parking Deck, made and entered into this day of , 2020 by and between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain St., Fayetteville, Arkansas, and GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE, a Delaware limited liability company, amends and restates the original agreement made and entered into on September 6, 2011 by and between the City of Fayetteville and Southwind Hospitality, LLC, as amended by Resolution 193-16, which contained Amendment #1 to that certain Lease of Meadow Street Parking Levels 1 and 3 dated July 2016, and that certain Assignment and Assumption of Lease of Meadow Street Parking Deck 1 and 3 dated as of December 4, 2018. WITNESSETH: The City of Fayetteville, for and in consideration of the rents hereinafter reserved and of the covenants and agreements hereinafter set forth to be kept and performed by GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE, agrees to lease the premises as later described to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE, and GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE, agrees to pay rents set forth below and to lease from the City of Fayetteville, eighty-seven (87) parking spaces located on the first level and eighty-nine (89) parking spaces located on the third level (as further described herein) of the Meadow Street Parking Deck on that parcel of land situated in the County of Washington and State of Arkansas, and more particularly described as: A part of Block numbered Fifteen (15) in the original plat of the City of Fayetteville, Arkansas. described as follows: Beginning at a point 127 feet west of the northeast corner of said Block Fifteen; and running thence west 177 feet; thence south 206 feet; thence east 177 feet; thence north 206 feet to the place of beginning. Said parcel of land and parking spaces may be hereinafter referred to as the "Leased Premises". 1. Term of Lease. The initial term of this Lease shall commence on October 1, 2011 after the execution of the lease by both parties and shall be for a period of one (1) year and cover only the first level with 87 parking spaces at $50.00 per month each or $4,350.00 per month. There shall be three automatic annual renewals: each for a period of seven (7) additional years and upon the same terms and conditions as this Lease unless otherwise specified herein or agreed by the parties in writing. For each of the seven (7) year extensions, and unless otherwise stated in this agreement, GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE will lease 176 parking spaces at $50.00 per month on the first and third levels of the Meadow Street Parking Deck for a total monthly rental of $8, 800.00. From April 1, 2020, through June 30, 2020, the Leased Premises shall consist of only the first level with 87 parking spaces at $50.00 per month each or $4,350.00 per month. 2. Right of First Refusal. If at any time during the term of this Lease the City of Fayetteville receives an acceptable bona fide offer to purchase the Leased Premises, or any part thereof, the City of Fayetteville shall submit a written copy of such offer to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE giving GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE thirty (30) days within which to elect to meet such offer. 3. Parking Spaces. This Lease shall be for the entire first level of the Leased Premises consisting of eighty-seven (87) parking spaces of the Fayetteville Municipal Parking Deck located at 25 E. Meadow Street for the term of the first year lease. This lease shall cover the first and third levels (176 parking spaces) in subsequent years. 4. Rent. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE shall pay to the City of Fayetteville as rent for the Leased Premises the following: a. The sum of fifty dollars ($50.00) per month per parking space (87) rented on the first level of the Leased Premises which monthly total shall be Four Thousand Three Hundred Fifty Dollars ($4,350.00). b. The sum of fifty dollars ($50.00) per month per parking space (89) rented on the third level of the Leased Premises which monthly total shall be Four Thousand Four Hundred Fifty Dollars (4,450). c. Beginning with the third term commencing on October 1, 2026, the rent payable to the City for the third term may be increased by up to 20%. The City and GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE shall review the future rent amount payable to the City one year prior to the beginning of the third term. d. The monthly rental shall be payable in consecutive monthly installments payable in advance on or before the first day of every calendar month. 5. Deposit. [Removed]. 6. LT g. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE and its subtenant or occupants shall have the right to use the Leased Premises for parking only; any other use of the Leased Premises must be pre -approved by the City of Fayetteville and shall meet all present and future building codes, zoning and other Laws. 7. Repairs. The City of Fayetteville shall, during the term of this Lease and any renewal or extension thereof, at its sole expense, keep the Leased Premises in as good order and repair as it is at the date of the commencement of this Lease, reasonable wear and tear and damage by accidental fire or other casualty not within the control of City of Fayetteville excepted. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE shall not knowingly commit or willfully permit to be committed on the Leased Premises any waste, damaging act, or thing contrary to the rules and regulations prescribed from time to time by either federal, state or municipal authority. 8. Caste If at any time the Leased Premises or the building which forms the principal component of the Leased Premises should be damaged by fire or any major casualty which is not the fault of GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE and the cost of repairing the damage does not exceed 35% of the value of the Meadow Street Parking Deck, then the City of Fayetteville shall as soon as reasonably practical repair the damage caused by said fire or other casualty. If, however, the damage should exceed 35% of the value of the Meadow Street Parking Deck, the City of Fayetteville shall have the option of either repairing said premises or terminating this Lease as of the date of said fire or other casualty by giving notice to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE within thirty (30) days after said date. If the damages should render the Leased Premises untenantable for the use of GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE's business as set forth herein, the rental from the date of said fire, or any major casualty not the fault of the GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE, to the date of the completion of the restoration of the premises shall be abated, such abatement being figured on a pro rata basis of the rentals. In the event the damage should exceed 35% of the value of the Meadow Street Parking Deck and the City of Fayetteville makes the decision not to repair the Leased Premises such a decision must be submitted in writing to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE. Upon receipt of the notice from City of Fayetteville, GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE has thirty (30) days to elect either, or both, of the following options: a. To purchase the entire Leased Premises from City of Fayetteville at its then fair market value and/or, b. To repair the Leased Premises as GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE's sole and exclusive expense with all terms of the Lease, except for abatement of rent provided for herein, continuing in effect. 9. Lighting and Painting. City of Fayetteville shall, during the term of this Lease and any renewal or extension thereof, at its sole expense, keep, in the same manner as it is as of the date of the commencement of this Lease, the Leased Premises lighted, and all parking spaces properly striped and the premises painted. 10. Parking Equipment. City of Fayetteville shall, during the term of this Lease and any renewal or extension thereof, at its sole expense, provide revenue control and access equipment for the Leased Premises. This equipment shall include parking gates, parking card readers, and automatic revenue control machines located at the entrance of the parking deck. 11. Parking Management Services. The City of Fayetteville shall provide services to manage the Leased Premises. This service shall include the following: a. Provide parking revenues and access control equipment for Leased Premises. b. Program parking cards and distributing them to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE; activate and deactivate parking cards as requested by GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE. c. Provide routine maintenance on gates, card readers, revenue control machines, etc. Expenses incurred for maintenance on equipment shall be borne by the City of Fayetteville, unless damages for required repairs were directly caused by GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE and/or its employees. d. Provide a minimum of four (4) hours of cleaning services per week; cleaning services include sweeping; blowing; vacuuming; spot washing of soft drinks, mud, or other spills; and the emptying of trash containers into the dumpster. e. Retrieve revenues from revenue control machines at least once per month. f. Frequently service the revenue control machines to ensure change hoppers have sufficient coins to make change to customers. City staff will take a sufficient amount of money from the revenues collected in order to purchase enough quarters and dollar coins to keep revenue machines fully operational. One hundred percent (100%) of the revenues collected, less monies used to replenish quarter and dollar coin hoppers, will be deposited into the City's account; a check will be issued to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE for one hundred percent ( 100%) of the total revenues, less monies used to replenish quarter and dollar coin hoppers and/or cost to replenish parking cards. This revenue shall be reimbursed to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE within thirty (30) days of receipt of monies collected. g. Provide accounting of all revenues received through the revenue control machines on a monthly basis; provide audit statement; of revenues collected to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE on a monthly basis. h. All expenses incurred for the purchase of equipment and supplies for the operations of the deck shall be borne by the City of Fayetteville. All purchases shall be initiated by the City of Fayetteville. i. The City agrees to allocate parking cards only to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE and employees of the Parking Management Division for purposes of executing parking services. j. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE may reallocate parking cards to a second party as they deem necessary, however. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE may not resell parking spaces for a greater amount than that paid by GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE to the City of Fayetteville as set forth in this contract except that GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE is free to charge its hotel guests whatever parking fee it determines is appropriate. 12. Tenant Res1lonsibilities. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE shall provide the following: a. Reimburse the City of Fayetteville for cost of all parking cards provided for access into the Leased Premises. The City of Fayetteville shall bill GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE for all parking cards issued to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE at the actual cost of the card plus applicable sales tax. The City of Fayetteville shall have the option to bill GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE for this cost, or may deduct the cost directly from the money collected from the revenue control machines. If invoiced, GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE shall submit payment within thirty (30) day of invoice date to the City of Fayetteville. b. Provide advance notification to the City of Fayetteville and post signage at the Leased Premises at least forty-eight (48) hours in advance prior to any parking area closure on Leased Premises. c. Provide advance notification at least forty-eight (48) hours in advance to the City of Fayetteville when gates need to be programmed to open/close for special events or any other reason. d. Provide advance notification at least forty-eight (48) hours in advance to the City of Fayetteville when additional parking cards need to be issued and/or programmed. 13. Insurance and Indemnification. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE shall be solely responsible for insuring its interests in the Leased Premises and improvements for its protection. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE agrees to indemnify and hold harmless the City of Fayetteville, its officers and employees from any and all claims, demands, liabilities, and costs including attorney fees related to Lessee's use of the leased premises. 14. Taxes. The City of Fayetteville shall pay all real estate taxes and special assessments, if any, during the term of the Lease. 15. Utilities/Janitorial. The City of Fayetteville shall provide and pay for all utility service and janitorial service in the Leased Premises. 16. Nuisance. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE covenants and agrees not to use or allow the Leased Premises to be used for any purpose or in any manner which would constitute or create a nuisance, which would constitute waste, which would interfere with the lawful rights of owners or occupants of adjoining property or which would in any way be contrary to the law, ordinances, orders, rules, regulations or requirements of the federal, state, county or municipal governments or any department, board or bureau thereof. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE further agrees to promptly comply with the requirements of any of the aforesaid authorities with reference to the installation, erection, construction, use, repair or modifications or any improvements situated upon the Leased Premises during the term of this Lease. 17. Holding Over. Any occupancy by GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE of the Leased Premises beyond the expiration of this Lease as herein provided shall be a tenancy from month to month. 18. Notices. All notices, demands and requests provided for or permitted to be given under this Lease must be in writing and shall be deemed to have been properly given or served by depositing the same in the United States Mail, addressed to the City of Fayetteville or to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE, as the case may be, prepaid and certified mail, return receipt requested, at the party's last known address. All notices demand and requests shall be effective seventy- two (72) hours after being deposited in the United States Mail. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days written notice thereof, to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. 19. Legal Representatives. Successors and Assigns. It is further covenanted and agreed by and between the City of Fayetteville and GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE, that all covenants, agreements, provisions, conditions and undertakings in this Lease contained shall extend to and be binding upon the heirs, executors, successors and assigns of the respective expressed, and shall be construed as covenants and conditions running with the land and the reversion; and that wherever in this Lease reference is made to either the City of Fayetteville or GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE, it shall be held to include and apply to (wherever and whenever applicable) the heirs, executors, successors, personal or legal representatives and assigns of the City of Fayetteville or GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE, the same as if in each and every case so expressed. 20. Condemnation. If during the term of this Lease, or any renewal thereof, all or substantially all of the Leased Premises shall be taken or condemned by a competent authority for any purpose or use, then the Lease shall terminate immediately after the vesting of title in such authority and rent shall be paid to and adjusted as of that day. The term "all or substantially all" shall be deemed to mean a taking of all of the Leased Premises or a taking of such portion of the Leased Premises that GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE cannot reasonably operate in the remainder in substantially the same manner as before. 21. Right Upon Default. The City of Fayetteville may declare GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE in default and terminate this lease (subject to applicable cure periods provided for herein) if GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE shall do any of the following: a. Fail to pay any installment of monthly rent and continue in default for thirty (30) days after the City of Fayetteville gives GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE written notice specifying the default; or b. Fail to timely pay monthly rental payments for two (2) or more months during any consecutive twelve (12) month period during the term of this lease may, at the discretion of the City of Fayetteville, constitute default; or c. Default in any other covenant of GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE in this Lease and fail to commence (subject to unavoidable delay) to take reasonable steps to remedy such default within twenty (20) days after the City of Fayetteville gives GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE written notice specifying the default. Upon the occurrence of any aforementioned default that has not been fully and timely remedied, the City of Fayetteville may terminate this Lease upon ten (10) days written notice of its intent to so terminate, provided such termination shall not be allowed if either of the following provisions are complied with during the notice period or at any prior time: i. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE proceeds to cure the default or takes reasonable remedies to cure the default; or ii. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE contests the amount claimed to be due or any other item for which an amount could be estimated (definite or estimated), and GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE deposits the contested amount in an escrow account with instructions to the escrow agent to disburse the amount in accordance with the written agreement of GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE and the City of Fayetteville or in accordance with the order of a court exercising jurisdiction over the controversy. 22. Termination. Neither party may terminate this Lease without consent of the other party unless the other party has committed a default of this Lease, subject to applicable cure periods provided for herein, if any. If the City of Fayetteville sells this parking garage to a third party, this lease and all extensions of this lease must be assigned with the sale. 23. Assigna� GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE shall not, without the written consent of City of Fayetteville, assign this Lease, or any rights thereunder, or sublet any part of the Leased Premises, provided however, GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE is authorized to assign this Lease as part of any sale of the hotel that is located adjacent to the Leased Premises provided that, at the time of the closing of the sale, the purchaser agrees to continue to operate the purchased improvements as a hotel. Upon any approved assignment of this lease by GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE in which its assignee agrees to be bound by all terms of this Lease, GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE shall be released and discharged from any further obligations or liabilities it has hereunder and any assignee of GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE shall have all rights belonging to GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE under this Lease. 24. Estoppel Certificate. Within forty-five (45) days after notice from the other party, each party shall execute and deliver to the other for the benefit of such party's existing or prospective lender, purchase, assignee or subtenant, as the case may be, an estoppel certificate. 25. Entire Agreement. All previous negotiations and understandings between the City of Fayetteville and GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE, or their respective agents and employees, with respect to the Lease set forth herein are merged in this Lease which alone fully and completely expresses the parties' rights, duties and obligations. 26. Amendments. No waivers, alterations or modifications of this Lease shall be valid unless written upon or attached to the fully executed copies of this Lease and further executed by both the City of Fayetteville and GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE herein. 27. Binding, This Lease shall be binding upon the parties and upon their heirs, successors and assigns. This Lease shall be construed under the laws of the State of Arkansas. IN WITNESS WHEREOF, the City of Fayetteville and GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE have executed this Lease on or as of the date first written above. GFAR LESSEE LLC DBA GRADUATE FAYETTEVILLE 6��/ Printed Name: Martin Hanson Title: President / Collegiate Hotel Group, LLC dba Graduate Hotels Management -Mgr. CITY OF FAYETTEVILLE, ARKANSAS Lioneld Jordan, Mayor WITNESS: ATTEST: pe'UL Printe Name: Peggy Biggers Kara Paxton, City Clerk -Treasurer Title: Contracts Administration Specialist City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0942 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 SOUTHWESTERN ELECTRIC POWER COMPANY: A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH SOUTHWESTERN ELECTRIC POWER COMPANY TO PROVIDE AT ITS OWN COSTS ALL MATERIALS AND LABOR NEEDED TO MOVE THE OVERHEAD ELECTRICAL SERVICE TO UNDERGROUND SERVICE ALONG WEST AVENUE TO SATISFY ANY AND ALL THE DAMAGES THE CITY SUFFERED TO ELECTRICAL EQUIPMENT IN CITY HALL AND THE POLICE STATION FROM FAULTY TRANSFORMER VOLTAGE SURGES WHEREAS, in mid -January 10 of 2020, large and uncontrolled power surges from SWEPCO transformer(s) caused substantial damages primarily to electronic equipment in City Hall and the Police Station as well as long term outages from faulty transformer(s) that resulted in damages of about $100,000.00 ; and WHEREAS, after months of negotiation culminating with the City Attorney sending SWEPCO a draft civil Complaint outlining what we believed was a strong basis establishing SWEPCO's liability and our proof of damages, SWEPCO agreed to resolve this dispute without acknowledging liability; and WHEREAS, SWEPCO has now agreed to furnish, in lieu of any cash payment for the claim, all of the materials and labor to change SWEPCO's current overhead electrical service including all existing relevant utility poles to an underground electrical service along West Avenue to save the City the substantial costs to underground the electrical services as part of the Cultural Arts Corridor Project. 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 the Memorandum of Agreement with Southwestern Electric Power Company for its furnishing at its own costs all materials and labor associated with moving the overheard electrical services to underground along West Avenue in full satisfaction of any and all damages suffered by the City during the January transformer problem for which SWEPCO still denies any liability.. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2020-0942 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/4/2020 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Adopt a resolution to approve a settlement agreement with Southwestern Electric Power Company to provide materials and labor to change the overhead service to underground services along west avenue associated with the Cultural Arts Corridor Project valued at $110,000 to offset damages valued at $97,499.73 at City Hall and the Police Building that resulted from a faulty transformer. Budget Impact: N/A N/A Account Number Fund N/A N/A 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 Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Kit Williams, City Attorney CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond and Construction Projects DATE: November 4, 2020 SUBJECT: Resolution to approve a settlement agreement with Southwestern Electric Power Company RECOMMENDATION: Staff recommends approval of the settlement agreement and the Mayor's signature on the Memorandum of Agreement that will direct SWEPCO to provide labor and materials to change the overhead electrical services to underground electrical services along west avenue associated with the cultural arts corridor project to offset damages to equipment at City Hall and the Police building that resulted from a faulty transformer. BACKGROUND: SWEPCO provides electrical services for City Hall and Police Building. The power is supplied thru a transformer located at the north west corner of the Police Building. DISCUSSION: January 2021, IT reported voltage fluctuation readings on their server monitors. That same time, Facilities inspected panels and breakers serving City Hall. It was determined those were good, which prompted scheduling SWEPCO to investigate the transformer. Jan 9` SWEPCO inspected the transformer and reported no issues. Jan 10t", Major power surge events. Those events along with SWEPCO repair attempts damaged electrical systems and equipment in City Hall and Police Building. Final value $97,499.73. Feb. 7t", Staff reached out to SWEPCO with potential claim for damaged equipment. March 3rd, SWEPCO initial denial of claim. April, Kit Williams drafted claim letter and sent to SWEPCO. June, SWEPCO regional managers met with staff and expressed their apologies for how this has been handled and wanted to work together to find resolution. June, with approval from Admin, and City Attorney, Staff approached SWEPCO about moving the overhead service to underground, in lieu of taking payment for the claim. A value of $110,000. SWEPCO was amiable to those terms. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 August, Kit Williams worked with SWEPCO on the Memorandum of Agreement that is attached for the Mayor's signature. BUDGET/STAFF IMPACT: N/A Attachments: Memorandum of Agreement Arts Corridor Underground Service Plans Kit Williams Claim letter to SWEPCO Damages MEMORANDUM OF AGREEMENT Comes now Southwestern Electric Power Company and the City of Fayetteville, Arkansas and hereby agree as follows: The City of Fayetteville agrees to forgo and refrain from any further attempt to collect any damages it believes it may have suffered to its equipment, any repair or replacement costs, any employee labor costs or any other unspecified damage costs for an incident occurring in early to mid -January of 2020 involving the City of Administration Building and Police Station including the Emergency Dispatch Center in exchange for Southwestern Electric Power Company's agreement to place 16 spans of overheard power lines underground, place ground -mounted enclosures as necessary and relocate and refeed remaining overhead poles as necessary as further described below. Upon SWEPCO satisfactorily completing this project the City of Fayetteville releases SWEPCO for any and all damages or claims Fayetteville could have regarding the January 2020 incident. Should there be any design changes or after hours work required by SWEPCO, there could be additional costs to the city. SWEPCO contends that there was no negligence on their part that caused the damage to the City's facilities. The Southwestern Electric Power Company, in exchange for the City of Fayetteville's release of any and all claims and damages related to transformer issues affecting the City Administration Building and Police Station occurring in early to mid -January of 2020, agrees to place 16 spans of overhead power lines underground, place ground -mounted enclosures as necessary, and relocate and refeed remaining overhead poles as necessary at no cost to the City of Fayetteville beyond its release of all claims related to the January 2020 incident. Southwestern Electric Power Company's agreement to work on the West Avenue project between Meadow and Mountain Streets is more specifically described below (see attached construction plans): Due to the cost and unavailability of an easement, the City of Fayetteville has requested and SWEPCO has agreed to place the current overhead electric distribution facilities underground and within City right-of-way from Meadow to Mountain along West Avenue. Should the SWEPCO underground facilities be damaged, the damaging party will reimburse SWEPCO for the repairs, which will include any damage to the street, sidewalk, or other infrastructure. Should SWEPCO's maintenance of the SWEPCO underground facilities damage the street, sidewalk, or other infrastructure, SWEPCO will repair at its cost any standard concrete or asphalt paved sidewalk or street surfaces. Specialty paving or landscaping will be repaired in a manner mutually acceptable to SWEPCO and the City; additional costs beyond that for repair with standard materials will be borne by the City (when performing work in these areas SWEPCO will use its best effort to minimize the amount of disturbance and damage to the landscape, specialty paving or other infrastructure). Should the City require SWEPCO to relocate these underground facilities, the City will reimburse SWEPCO for the full cost relocation. In agreement with all the terms, conditions, commitments and promises above, we affirm we are properly authorized signatories of the Company or City and that our signatures bind SWEPCO or the City of Fayetteville. SOUTHWESTERN ELECTRIC POWER COMPANY Printed Name: Vr4W Title: V P .0irr' 07�r C7lx Date signed: _/c- fZ4 42-ow CITY OF FAYETTEVILLE, ARKANSAS Lioneld Jordan, Mayor ATTEST: Kara Paxton: City Clerk- Treasurer Date signed: ®® ,�• fir. , ��k SOUTHWESTERN ' ELECTRIC POWER COMPANY' A unit ofAmerican Electric Power • �111 3 .` 3OW � `.:. �• OHG U3 MEADOW ST —1N rri rrml je lk Ar .� �•^•h- a i.k W - - - i Y �311N 71 3 _ ' CENTER ST DEMO PLANS LEGEND ® INSTALL NEW POLE AND ASSOCIATED HARDWARE REMOVE POLE AND ASSOCIATED HARDWARE -III- REMOVE 30 PRIMARY OVERHEAD CONDUCTORS - 3 - REMOVE SECONDARY OVERHEAD CONDUCTORS - IN - REMOVE 10 PRIMARY OVERHEAD CONDUCTORS -OHG- REMOVE OVERHEAD GUY WIRE NOTE: ITEMS IN GREEN ARE EXISTING FACILITIES THAT WILL REMAIN IN PLACE - rt� 1-4 r+ . 3 - cx OHG MOUNTAIN ST ti ?� 1 -MKL �. to— 2. - rL SOUTHWESTERN ELECTRIC POWER . COMP_a_NY - A unit ofAm6rican Electric Power;7 , Ty 4 UG CONDUIT PLANS LEGEND • INSTALL NEW POLE AND ASSOCIATED HARDWARE Q 2— 6" Schedule 40 PVC conduit for UG conductors Q 4— 6" Schedule 40 PVC conduit for UG conductors © 2— 3" Schedule 40 PVC conduit for UG conductors ® 2— 4" Schedule 40 PVC conduit for UG conductors INSTALL 30 TAP CABINET INSTALL NEW TRANSFORMER © INSTALL NEW PEDESTAL NOTE: ITEMS IN GREEN ARE EXISTING FACILITIES THAT WILL REMAIN IN PLACE MEADOW ::E m P P IL CENTER ST 100 P O P - ~ �* MOUNTAIN ST KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY kwilliams@fayetteville-ar.gov Blake E. Pennington Assistant City Attorney bpeiiiiiiigtoji@fayetteville-ar.gov Jodi Batker Paralegal 113 W. Mountain Street, Suite 302 Phone 479.575.8313 April 2, 2020 Fayetteville, AR 72701-6083 Chantanell J. Jewitt AEP Risk & Insurance Management P.O. Box 21 106 Shreveport, LA 71156 Re: AEP Claim #IRO20202894720 City of Fayetteville Damages Dear Ms. Jewitt, Thank you for your letter of March 3, 2020 to our Facilities Director, Wade Abernathy. Our Mayor has requested that I follow up with you. In your letter, you state "in most cases we are not responsible for power outages, voltage fluctuations or property damage caused by failure of equipment that could not have been anticipated." The City of Fayetteville, Arkansas would not be making a claim if our property damage had been caused by weather, vandalism or failure of equipment that could not have been anticipated. The City of Fayetteville notified SWEPCO on January 7, 2020 of power voltage loss, fluctuations, and other problems and scheduled an inspection by SWEPCO for January 9, 2020, to determine why the City was experiencing voltage surges recorded on the monitor for the Information Technology server equipment. The City had already had our electrical vendor, King Electric Company, inspect and trouble shoot our power panels to ensure the voltage surges were not being caused by a problem with the City's equipment. The SWEPCO technician that responded on .January 9th to the City's call for help and service placed a voltage monitor on the main service for only about 30 minutes before negligently concluding that there was no issues with the power supply and leaving. A proper standard of care to ensure that the voltage surges and fluctuations that the City had been suffering would not return or occur again would have required at least twelve hours for a comprehensive and true reading. If the SWEPCO technician had properly tested the voltage supply from your transformer for an adequate amount of time, the voltage fluctuations that our Information Technology server had been experiencing would have been verified and SWEPCO could have begun a controlled repair or replacement of its transformer. This would have prevented the City from incurring the documented $125,508.56 in the damages that we suffered on January 1 lt", 2020. But instead, SWEPCO's technician failed to spend sufficient time, or to adequately inspect and test the transformer which a day later (January 10, 2020 at about 10:26 PM) suffered a catastrophic failure and blacked out the City's Police Department and its 24 hour a day 911 Dispatch Center. This transformer malfunction which should have been properly evaluated and resolved the previous day also adversely affected our Information Technology server. Facilities Management and Information Technology as well as King Electric personnel responded to the Police Building and its Dispatch Center as well as City Hall's Information Technology offices in an attempt to restore power through the City's generator. SWEPCO was informed of this power failure at 12:20 AM on .January 11, 2020. When SWEPCO had not responded to our 911 Dispatch Center's continuing power outage, the City again requested SWEPCO's help at 2:00 AM. Finally, SWEPCO arrived at 2:45 AM and verified by 3:31 AM that SWEPCO's transformer was indeed the problem. SWEPCO technicians then began working to try to repair the transformer. Around 8:59 AM on .January 11, 2020, SWEPCO erroneously and negligently concluded they had repaired the transformer. The City and its electrical contractor, King Electric, had been concerned that power surges could damage City equipment when SWEPCO turned the power on and off to check the attempted repair of its transformer and had turned our electric panels off to protect our equipment. SWEPCO required that the City's electric panels be turned on so it could try a full load with its "repaired" transformer. This "repair" check not only revealed the negligent attempted repair, but also caused flames to shoot out from outlets, surge protectors and/or UPS devices. Some of these dangerous flames came perilously close to City personnel. The Fire Department had to be called to inspect both the Police Department building and City Hall to ensure the smoke from damaged and destroyed electrical equipment was not also coming from fires ignited by this massive power surge from your defective and failed transformer. The first negligent "repair" check had obviously failed. However, SWEPCO still decided to try further repairs and then at 10:30 AM again required the City's electric panels to be turned on for the second "repair" check. This "repair" had also been negligently and improperly done and was not effective. The resulting power surge further damaged City property. A third and final negligent repair check was carried out by SWEPCO at 2:30 PM on the damaged, defective and dangerous transformer which failed for the third time and sent more power voltage surges through City electric panels required by SWEPCO to be fully connected causing City property further damage. Finally at 4:09 PM, SWEPCO notified our Information Technology Division that it had isolated the problem and were going to get a new transformer from Rogers, Arkansas. SWEPCO completed this installation about 8:43 PM so that the 911 Dispatch Center could begin to conduct normal operations. Facilities Management and the Information Technology Division then could access the damage caused by SWEPCO's defective transformer and the three failed and negligent attempts to repair the transformer. Sincerely, KIT WILLIAMS Fayetteville City Attorney Abernathy, Waylon From: Abernathy, Waylon Sent: Friday, August 7, 2020 11:16 AM To: Todd Hopwood; Jeffery A Milford Cc: Macedo, Keith Subject: FW: City of Fayetteville Transformer Claim Attachments: 1517_001.pdf; Faciliies Management.xlsx; Copy of Copy of Equipment Damage 08062020.xlsx Todd, Per our phone conversation yesterday morning, I am sending the revised original claim amount based on updated estimates and actual cost incurred by the city. Those figures are in bold print. The IT department figures decreased: • One of the UPS devices was under a maintenance warranty, therefore that cost has been removed. • Purchase one of the UPS devices at a reduced price. The vendor original quote was 25K and it has since reduced to 16K. • Ups install charge added Reconcile of the Facilities Management Invoicing: • Removed Wilson Park invoice. Captured Invoicing for a KVM switch after the original claim figures were provided. Corrected entering error on REQ00168829 originally $6.469.41... correct entry $6,469.41 All of the attached are updated and final. The new total is $97,499.73. The agreed to settlement terms were that SWEPCO would install per the July 22, 2020 Arts Corridor-SWEPCO Relocation proposal in lieu of payment. As discussed on the phone this morning, I will direct Kit to provide a release of claim letter and attach the scope of work, and damage exclusions to that release to all parties. (once that is received from you) Thanks, Wade Abernathy Director of Bond Projects and Facilities City of Fayetteville wa be rnat by Pfa vettev i I le -a r.eov T 479-575-8361 CITY OF WOO FAYETTEVILLE ARKANSAS Fayetteville Police Department OT costs / Labor for Power Outage January 10-11, 2020 Date Name Pay Rate Hours Total 1/1112020 Volk -Bryant, Tara 28.97 12.50 362,125 1/11/2020 Carpenter, Charles 39.31 10.50 412.76 1/11/2020 Cheader, Mallorie 18.42 9.00 165.78 paid admin leave - not OT 1/11/2020 1/11/2020 Churchill, Meghan Harter, Lillian 18.56 6.25 116.00 paid admin leave - no OT 1/10-1/11/2020 Jones, Emily 15.20 3.50 53.20 paid admin leave - no OT 01/11/2020 Key, Kristl 25.32 3.75 94.95 1110-1111/2020 Lichty, Eric 36.15 37.08 6.00 4,50 216.90 1/1 M020 Schroeder, Loren 18.18 0.50 165.86 9.09 paid admin leave - no OT 44.00 S 1,236.54 'time includes OT or straight time plus benefits Project Number 02046.2020 Posted Date 1/10/2020 Project Name ITransformer Damage Amount TXN00228051 1/13/2020 60 -Amp Time Delay Fuse Cartridge $33.17 TXN00228240 1/14/2020 Invoice 125-58977-01 Electrical Parts City Hall (Weekend Jan. 10- $15.17 TXN00228308 1/15/2020 Ticket # 125-59019-01 60A 250 V Fuse -Fusetron $60.91 TXN00228381 1/16/2020 Frigidaire refrigerator for dispatch break room $1,645.15 TXN00228906 1/28/2020 Control box for the Dispatch console $233.62 TXN00228943 1/28/2020 Inv. 9422291535 HVAC Transformer Damage $10.54 TXN00229142 1/31/2020 Air Purifier $175.58 TXN00229307 2/4/2020 Ticket # 20855 Power Transformer Damage P.D. Filing System Re $5,630.50 TXN00229318 2/4/2020 Power control boxes for desks $1,364.95 TXN00229475 2/6/2020 KVM Switch $861.13 Marmic Fire RE000168845 Safety Inv.5262880-IN Testing Devices P.D $198.00 Marmic Fire REQ00168843 Safety Inv 5259961-IN Labor for Testing PD $290.00 Elite Building REQ00168834 Soultions Inv 27821 City Hall Digital Output Converter Board Trans_ Damage $935.07 Elite Building REQ00168835 Soultions Inv.28387 RD. Trans.Damage Inducer draft Moter Assembly $916.53 Elite Building REQ00168831 Soultions Inv28314 3rd Floor City Hall Two Bad VFD's Trans Damage $987.75 Elite Building REQ00168830 Soultions Inv.28318 Police Dept. RTU Transformer Damage $696.84 Elite Building REQ00168836 Soultions Inv.28317 City Hall 3rd Floor Motor & VFD Transformer Damage $6,406.21 Elite Building REQ00168837 Soultions Inv.28352 City Hall Min -Split Unit Transformer Damage $5,125.98 REQ00168829 King Electric Troubleshoot ower issues/check voltages $6,469.41 Door Tec Sales RE000168525 & Service Inv.115236905 Replace Power Supply Labor & Parts Trans.Damage $3,254.42 RE000168847 JE Systems Inc, Inv.1042331 Tested Fire System Transfromer Damage $108.65 Northwest RE000168848 Controls Inv-SV00017117 HVAC Parts Heat Pumbps Down Mau Down $1,940.38 American Water Heater REQ00169073 Co. Water Heater City Hall BasementTrans.Damage $140.47 Elite Building RE000169193 Soultions City Hall Transformer Damage City Hall Replace VFD 2,331.09 Paid Invocie $39,831.52'TotalVendor Labor Name Hours Rate Mark 8 29.18 OT 233.44 Norman 12.5 34.22 OT 427.75 Norman 21.5 22.81 490.42 Harlan 21 38.45 OT 807.45 Harlan 3.5 25.63 89.71 Total 66.5 Total Amt, $2,048.77 $2,048.77 $2,048.77 Total $41,880.29 Damaged IT Eqiupment from 1-10-20 Building Department Damaged Equipment Qty Cityhall Ground floor Access control power module 1.00 Cityhall 3rd floor Access control power module 1.00 Cityhall Acct Backup check printer 1.00 Cityhall Acct Check Printer 1.00 cityhall Acct large capacity micr 2.00 Cityhall Acct Check MICR Overnight Cartridge 1.00 Cityhall Control booth 219 Ups 1.00 Cityhall 2nd floor mech Panic Button UPS 2200kva 1.00 Cityhall Multiple 4 - 1500 kva ups died, 2 smaller ups died 4.00 UPS replacements Cityhall Multiple APC UPS 1500 5.00 Cityhall Budget Apc wall plugs fried 1.00 Cityhall D howland Standing desk 1.00 Cityhall GIS Mike's Desk Standing desk 1.00 Cityhall 1st Floor automatic door openers going to Utility setup not opening 2.00 Cityhall 1st Floor ADA sliding door 1.00 Police Police Captain Renfro's computer 1.00 Police Police Large light on the NE corner of the PD 1.00 Police Police Color Printer in the Sgts Hallway 1.00 Police Police The evidence carriages in Property/Evidence are not working 1.00 Police Police Property/Evidence HP Laser Jet 600 M602 Desktop Printer Not Working 1.00 Police Police CDC's surge protectors in the furniture needs replaced (approximately 2. 24.00 Police Police CDC's UPS needs replaced 1.00 Police Police CDC's furniture is missing functions, such as desks will not raise and IOWE 8.00 Police Police Computer Room's UPS needs replaced (1st floor, IT area) 1.00 Police Police UPS Electrical work for UPS install 1.00 Police Police Laptop in Briefing Room 1.00 Police Patrol Interview room 4&5 UPS 2.00 Cityhall Multiple Surge Protectors x56 56.00 Surge Protectors - Keith Surge Protectors - Keith Surge Protectors - Brad Surge Protectors - Brad Surge Protectors - Josh Surge Protectors - Brad Surge Protectors - Brad Police Multiple Surge Protectors x25 25.00 Police Police Rackmount surge protector in server room 1.00 Police Police Stacy Dicus pc 1.00 Police Police Reynold's printer 1.00 Cityhall Breakroom TV won't turn on 1.00 Police Police Bogen Model TPU15A Telephone Paging Amplifier 15W 1.00 Both IT Staff time - Geoff OT rate 8.25 Both IT Staff time - Brad 22.25 Both IT Staff time - Devon 23.25 Both IT Staff time - Misty OT rate 3.75 Both IT Staff time - Stefan 3.00 Both IT Staff time - Keith 18.75 Both IT Staff time - Sarah 3.25 Both IT Staff time - Collins 3.50 Both IT Staff time - Josh OT rate 11.00 Updated Replacement Cost TXN # $350.00 $350.00 $2,982.27 $3,303.66 TXN00228290, TXN00228219 tray $800.00 $300.00 TXN00228304 $ 200.00 $200.00 $ 800.00 TXN00228180 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 $0.00 $250.00 $0.00 $900.00 TXN00228609 $5,400.00 $1,600.00 TXN00228609 $1,200.00 TXN00228443 $0.00 $1, 600.00 $16,120.51 $3,800.00 $2,639.88 $400.00 $0.00 $240.53 TXN00228041 $323.55 TXN00228109 $153.59 TXN00228039 $144.87 TXN00228040 $356.17 TXN00228048 $41.54 TXN00228200 $111.81 TXN00228144 $ 500.00 $100.00 $1,100.69 $250.00 TXN00228609 $400.00 $253.53 $412.34 $1,021.28 $934.42 $159.94 $88.14 $969.19 $108.13 $110.88 $407.00 $54,383.90 8/5/2020 Status Replaced Replaced Replaced Replaced, printer/shipping/tax/warranty: 2420.60. tray: 883.06 ordered Replaced with spare 1500, purchased replacement Dead, replaced Dead, replaced Purchased Purchased, replaced Dead did not replace Purchased, replaced Purchased, replaced Internalstaff Door tech working on it Purchased new Hard drive and Replaced Facilties replaced with new LED lights Purchased, replaced Evidence locker electric motors damaged beyond repair, vendor replaced motors Replaced Replaced Under existing maintenance contract and was repaired Received parts, CDWG quote for new UPS. Original estimate was $25,000. Professional services to install new UPS Tech came to replace MB. Other issues were found, he is putting in for depot swap. Waiting on box to ship c Replaced UPS with spare from 911 equipment room, purchased new spare Purchased, installed Purchased, installed Purchased, installed Purchased, installed Purchased, installed Purchased, installed Purchased, installed Purchased, installed Purchased, replaced Purchased, replaced PC replaced from inventory, Purchased new Purchased, replaced Dead replacing with used one from dispatch, purchased replacement Purchased, replaced JUt IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS CIVIL DIVISION CITY OF FAYETTEVILLE, ARKANSAS, V. Case No. 72CV-2020- PLAINTIFF SOUTHWESTERN ELECTRIC POWER COMPANY, INC DEFENDANTS COMPLAINT Comes now Plaintiff City of Fayetteville Arkansas, by and through its attorney, Fayetteville City Attorney Kit Williams, and for its Complaint against Southwestern Electric Power Company, Inc. (a/k/a AEP or American Electric Power, Inc.), states as follows: PLAINTIFF, JURISDICTION, AND VENUE 1. Plaintiff City of Fayetteville is an Arkansas municipality authorized by state law to file suit in State Court when necessary to protect its citizens' and its own rights. 2. Defendant, Southwestern Electric Power Company, Inc. (aWa AEP or American Electric Power, Inc.) is an electric utility company serving part of the City of Fayetteville and more particularly, the Fayetteville Police Department at 100 West Rock Street, its Emergency Dispatch Center and City Hall at 113 West Mountain Street, all in Fayetteville, Arkansas. 3. Jurisdiction for this litigation is Washington County, Arkansas. 4. Venue for this litigation is the Washington County Circuit Court in Fayetteville, Arkansas. 1 RELEVANT FACTS 5. On or about January 7, 2020, the City of Fayetteville notified Defendant Southwestern Electric Power Company, Incorporated (also known as AEP, American Electric Power, Inc. and hereinafter referred to as "SWEPCO") that the City of Fayetteville Police Department including the Emergency Dispatch Center at 100 West Rock Street and the Fayetteville City Hall at 113 West Mountain Street, both in Fayetteville, Arkansas, were experiencing power or voltage loss, fluctuations and other electrical problems. 6. The City of Fayetteville then requested SWEPCO to inspect these electrical issues and fix any problems with its transformer or other facilities or wires in order to stabilize the electrical service provided by SWEPCO to these City of Fayetteville buildings. SWEPCO agreed to send its personnel to inspect its electrical service provided to the City of Fayetteville at this location on January 9, 2020. 7. The City of Fayetteville had had its electrical service vender, King Electrical Company, Inc., inspect and trouble shoot the City's electric power panels to ensure the voltage fluctuations were not being caused by a problem with the City's equipment. King Electrical Company, Inc. confirmed that the problems of fluctuating power were not being caused by City electrical systems nor electrical equipment, but were emanating from SWEPCO's transformer and lines. 8. SWEPCO's employee and technician came to the City's property on January 9, 2020 and placed a voltage monitor on the main service from SWEPCO's transformer to the City's electric power panels, but only left the voltage monitor in place for about 30 minutes before negligently concluding there were no issues or problems with SWEPCO's transformer or 2 other parts of the SWEPCO's electrical power supply. SWEPCO's employee then left the premises. 9. A proper and reasonable standard of care to respond to and investigate the City's problems and complaints of fluctuating voltage and power would have required at least 12 hours of monitoring for a comprehensive and true reading from a voltage monitor. 10. Such proper testing, maintenance and correction of SWEPCO's failing transformer would have prevented not only the transformer's catastrophic failure which blacked out the Police Department's Emergency Dispatch Center, but also the damage caused to the City of Fayetteville's electrical system, fixtures and equipment by SWEPCO's middle of night and next day repair failures as well as the overtime labor costs because the defective and malfunctioning transformer caused a loss of electrical supply to the City from January 10, 2020 at 10:26 P.M. until January 11, 2020 at 8:54 P.M. 11. SWEPCO's negligent testing on January 9, 2020 was confirmed on the very next day on January 10, 2020 when SWEPCO's transformer failed and blacked out the Fayetteville Police Department and its Emergency Dispatch Center. City Hall was also left without any electrical service from SWEPCO by this transformer failure. (It is possible that more than one of SWEPCO's transformers serving the City was defective and/or failed. Our Complaint's reference to "transformer" should be understood to include any and all SWEPCO transformers serving City Hall and the Police Station.) 12. The negligent failure to properly test SWEPCO's transformer serving the Police Department, Emergency Dispatch Center and City Hall on January 9, 2020, proximately caused not only loss of electrical service to these buildings, but the inability for the Emergency Dispatch Center to perform its vital duties at the center for many hours. 3 13. On or about 10:26 P.M. on January 10, 2020, SWEPCO's transformer suffered a catastrophic failure which blacked out the Fayetteville Police Department and its 24 hour a day Emergency Dispatch Center. This transformer malfunction should have been property evaluated and repaired by SWEPCO no later than the previous day after the City of Fayetteville had notified SWEPCO of the voltage fluctuations and electrical problems on January 7, 2020. 14. City of Fayetteville Facilities Management and the City's electrical contractor, King Electrical Company, Inc., promptly responded to this electrical outage to examine the problem and attempted to restore some power with the City's emergency generator. 15. When it was clear that the problem was SWEPCO's responsibility, the City staff contacted SWEPCO at about 12:20 A.M. on January 11, 2020 and informed SWEPCO of the complete loss of electric power from SWEPCO's transformer to our Police Station, Emergency Dispatch Center and City Hall. The City requested immediate response and service to reestablish electrical power to these vital public safety facilities. SWEPCO negligently failed to promptly respond to resolve this emergency situation. 16. After waiting for more than an hour and a half for SWEPCO to respond to our request for service, the City again notified SWEPCO at about 2:00 A.M. that our Police Department, Emergency Dispatch Center and City Hall had lost all power from SWEPCO's transformer and still needed immediate assistance. 17. SWEPCO's personnel finally arrived about 2:45 A.M. (about two and a half hours after the City first notified SWEPCO of our power loss emergency). At about 3:31 A.M. SWEPCO verified that SWEPCO's transformer was, indeed, malfunctioning and the cause of the loss of power. SWEPCO advised the City that its transformer needed repair. 18. SWEPCO then commenced to attempt to repair the malfunctioning transformer. About five and a half hours later, SWEPCO erroneously and negligently determined they had properly and completely repaired the damaged transformer. 19. Since City staff and its electrical contractor, King Electrical Company, Inc., had been concerned that City equipment could be damaged by possible electrical power or voltage surges from SWEPCO's malfunctioning transformer, they had disconnected the City's electric panels from the transformer. 20. SWEPCO required that all of the City's electric panels be reconnected so that SWEPCO could test its "repaired" transformer with a full load. The City complied with SWEPCO's demand and reconnected its electric panels shortly before 8:59 A.M. on January 11, 2020. 21. SWEPCO negligently failed to ensure that its transformer could be and was completely repaired and functioning properly when SWEPCO at 8:59 A.M. sent a massive power and/or voltage surge from its transformer through the City's electric panels and throughout the Police Station, Emergency Dispatch Center and City Hall's electrical circuits. 22. This uncontrolled, massive voltage and/or power surge from SWEPCO's negligently repaired transformer into the City's electrical system caused significant damage to the City's electrical systems and equipment. Flames shot out of outlets, surge protectors and UPS devices endangering Police Department staff and City staff on hand to help manage the return of electric service to the City. 23. Fortunately, the City suffered much less damage to its computers, electric motors, and other electric equipment because of the City's extensive use of surge protectors which were 5 destroyed by this power surge, but lessened its destructive impact on other expensive electrical equipment. 24. After learning its initial repair attempt had failed and damaged City equipment, SWEPCO decided to again attempt to repair its malfunctioning transformer and/or other electrical equipment. 25. At about 10:30 A.M. on January 11, 2020, SWEPCO again negligently concluded it had properly repaired its malfunctioning transformer and directed the City to fully connect the City's electrical panels so SWEPCO could test its transformer at full load. SWEPCO's negligently repaired transformer again malfunctioned and sent power or voltage surges into the City's electrical system further damaging the City's electrical equipment. 26. When this second repair test failed, SWEPCO again decided it should try a third repair of its malfunctioning transformer and worked on the transformer until around 2:35 P.M. and again negligently concluded its repairs had fixed the transformer's problems. Still requiring the City to have its electric panels fully connected, SWEPCO tried a third full power test which further damaged City equipment and finally convinced SWEPCO that it could not competently repair the transformer. 27. SWEPCO's three negligently repaired transformer's tests proximately caused extensive damage to City equipment, endangered City staff and provided no proper electrical service to City Hall and City's Police Department with its Emergency Dispatch for over 20 hours after SWEPCO had been notified of its transformer's malfunction at 12:20 A.M. on January 11, 2020. N 28. Finally, SWEPCO correctly determined that it could not repair the transformer and needed to install a new, replacement transformer and so notified the City at 4:00 P.M. on January 11, 2020. 29. Obtaining and installing the replacement transformer took SWEPCO over four additional hours during which the City remained without electrical service from SWEPCO. This transformer replacement solution should have begun on January 9, 2020. If SWEPCO had fulfilled its duty of reasonable care and properly and reasonably tested its equipment as requested by the City on January 7, 2020, such non -negligent testing on January 9, 2020 would have prevented all of the damages suffered by the City. 30. SWEPCO could have reduced some damages to the City if it had replaced its transformer at 3:30 A.M. on January 11 after SWEPCO had examined the defective and malfunctioning transformer, admitted it was the problem, and should have determined the transformer could not be safely repaired. Instead, SWEPCO's repeated negligent attempts to repair and test the defective and malfunctioning transformer sending massive and damaging voltage and poser surges through the City's electrical systems proximately caused all of the City's damages to its equipment and eleven more hours of lost electrical service. SWEPCO'S LEGAL AND STATUTORY STANDARD OF CARE 31. "An electric company is held to a high degree of care in the erection, maintenance, operation, and inspection of its equipment used in the generation and transmission of electricity." 7 Carroll Electric Co -Op Corp. v. Carlton, 319 Ark. 555, 892 S.W.2d 496, 499 (1995). "Under Arkansas statutory and common law, electric utilities have a `duty to act with reasonable care in the delivery of services.' (T)he Arkansas Supreme Court affirmed its longstanding rule that `the very nature of the business of an electric company requires it to use a high degree of care in the erection, maintenance, operation, and inspection of its equipment....' " Koch v. Southwestern Electric Power Company, 544 F.3d 906, 908-909 (8th Circuit 2008) (citations omitted). DAMAGES SUFFERED BY CITY 32. The City of Fayetteville has suffered a total of $127,557.33 in equipment, contractor fees and overtime wage costs as damages proximately caused the City by SWEPCO's negligence in testing and failed repair efforts before finally replacing the defective transformer. 33. Attached as Exhibit A to this Complaint is an itemized list of electrical equipment damaged or destroyed by SWEPCO's malfunctioning transformer sending a massive surge or overload of power and high voltage through the City's electrical systems for City Hall, the City Police Station and the Emergency Dispatch Center. The equipment damage would have been far worse if the City had not prudently attempted (and often succeeded) to protect its more expensive electrical equipment with surge protectors and UPS (Uninterrupted Power Source) units which absorbed the brunt of SWEPCO's transformer's uncontrolled power surge. 34. Also shown on Exhibit A are the overtime and wage costs caused by the malfunctioning transformer which should have been replaced on January 9, 2020. 35. The damages by City Department are as follows: Information Technology: $86,447.23 Facilities Management: $37,825.79 Police/Dispatch: $1,235.54 (labor only) $127,557.33 WHEREFORE, premises considered, the City of Fayetteville prays that it receive Judgment against Defendant Southwest Energy Production Company (SWEPCO) and/or A.E.P. in the amount of $127,557.33, plus costs and attorney's fees and all other relief to which it may be entitled. Respectfully Submitted, CITY OF FAYETTEVILLE, ARKANSAS PLAINTIFF Kit Williams (76007) City Attorney 113 W. Mountain, Suite 302 Fayetteville, AR 72701 Telephone: (479) 575-8313 Facsimile: (479) 575-8315 Email: kwilliams(c-r�,fUetteville-ar.gov x City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0996 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.4 I-49 AND MLK PARTNERING WITH ARDOT: A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO WORK WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION TO COMPLETE IMPROVEMENTS TO THE 1-49 AND MARTIN LUTHER KING JR. BOULEVARD INTERCHANGE WHEREAS, the Arkansas Department of Transportation (ArDOT) is currently planning an extensive redesign of the I-49 and Martin Luther King Jr. Boulevard interchange; and WHEREAS, City of Fayetteville Engineering Staff requested that ArDOT evaluate the option of adding an overpass at 15th Street instead of extending Shiloh Drive to Cato Springs Road; and WHEREAS, ArDOT agreed to consider including the overpass in the project, but requested the City perform a conceptual design and traffic analysis to assess the operational feasibility; and WHEREAS, the City engaged Garver to perform an operational analysis of the City's proposed design along with a comparative cost estimate of the ArDOT design and the City concept; and WHEREAS, Garver's report indicates that the City's concept will be operationally similar and will provide similar levels of service to the ArDOT design at an estimated additional cost of $1.4 million. 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 expresses its intention to work with the Arkansas Department of Transportation to complete improvements to the I-49 and Martin Luther King Jr. Boulevard interchange incorporating the City's proposed design changes. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 City of Fayetteville Staff Review Form 2020-0996 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 11/12/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a Resolution of Intent to Partner with the Arkansas Department of Transportation (ArDOT) to Complete Improvements to the 1-49 and Martin Luther King Dr. Blvd Interchange Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? No 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 %PF ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer DATE: November 12, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a Resolution of Intent to Partner with the Arkansas Department of Transportation (ArDOT) to Complete Improvements to the 1-49 and Martin Luther King Dr. Blvd Interchange RECOMMENDATION: Staff recommends approval of a resolution expressing the City's willigness to Partner with ArDOT on improvements to the 1-49/MLK interchange. The City Council Transportation Committee also voted to recommend approval of this resolution by a 4-0 vote at the October 27th, 2020 Committee meeting. BACKGROUND: ArDOT is currently planning an extensive redesign of the 1-49 and Highway 62 (MLK Jr. Blvd.) Interchange. With the design proposed by ArDOT, Shiloh Drive south of Highway 62 was to be converted to one-way south bound. Shiloh Drive was proposed to be extended south to Cato Springs Road to provide an outlet for the properties served by Shiloh Drive. City of Fayetteville Engineering Staff requested that ArDOT evaluate the option of adding an overpass at 151h Street instead of extending Shiloh to Cato Springs Road. The overpass option provides better access to adjacent properties and essentially adds a connection from 15th Street to 1-49. ArDOT agreed to consider including the overpass in the project, but requested the City perform a conceptual design and traffic analysis to assess the operational feasibility. Subsequent to that request, the City engaged Garver to perform an operational analysis of the City's proposed design along with a comparative cost estimate of the ArDOT design and the City concept. DISCUSSION: Garver's report indicates that the City's concept will be operationally similar and will provide similar levels of service to the ArDOT design. The estimated additional cost for the City concept is estimated to be $1.4 million. It should be noted that betterments to the project, including wider sidewalks than standard, and other factors such as increased construction costs, may cause the final partnering amount to increase. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funding for this project has not yet been identified. If the Council approves the resolution, staff will begin the process of negotiation with ArDOT for the final partnering cost, and will begin planning efforts for funding. City funding sources include the 2019 transportation and trails bond programs. This project is also eligible for federal aid funding through various programs, and the City could receive up to 80% of the funding through federal aid. Attachments: Garver Engineering Report t - 4 -��•� 10 N Iftul E 'qj M \ '4 t� 15t" Street Overpass Preliminary Engineering Report 3 IV Prepared For: City of Fayetteville May 1, 2020 GarverUSA.com 15" Street Overpass Preliminary Engineering Report City of Fayetteville Fayetteville, AR Prepared by: 2049 E. Joyce Blvd., Suite 400 Fayetteville, AR 72703 May 1, 2020 Garver Project No.: 19T21130 151 Street Overpass CITY OF FAYETTEVILLE ARKANS ARI{ANSAS Engineer's Certification Preliminary Engineering Report hereby certify that this Preliminary Engineering Report for the 15t" Street Overpass was prepared by Garver under my direct supervision for the City of Fayetteville. �000 ARKANSAS S D ENGINEER D. Jeffrey Webb, PE �y State of Arkansas PE License 12051 ZLl�N0.12051, Digitally Signed 05/01/2020 CF GARVER 0: LLC :s y:•.No. 766 '� Garver Project No. 19T21130 Page 2 UN GARVER CITY OF ��FAYETTEVILLE ARKANSAS Table of Contents Engineer's Certification ................ Table of Contents ......................... List of Figures ............................... List of Tables ................................ List of Appendices ........................ 1.0 Introduction ....................... 2.0 ARDOT Option .................. 3.0 ARDOT + City Option ....... 4.0 Traffic Study ..................... 5.0 Opinion of Probable Costs List of Figures 151 Street Overpass Preliminary Engineering Report Figure 1: ARDOT Interchange Design (Yellow) with Fayetteville Proposal (Blue) Figure 2: Proposed ARDOT Improvements South of Hwy. 62 Interchange.......... Figure 3: Garver Refined 15th Street Overpass Improvements ........................... Figure 4: Proposed 15th Street Overpass Typical Section ................................... List of Tables Table 1: Summary of Estimated Costs List of Appendices Appendix A - Traffic Report Appendix B - Conceptual Plans Appendix C - Detailed Cost Estimates Appendix D - Conceptual Drainage Calculations Garver Project No. 19T21130 Page 3 2 3 3 3 3 4 5 7 9 9 4 6 7 8 9 CITY OF ��FAYETTEVILLE ARKANSAS 1.0 Introduction 151 Street Overpass Preliminary Engineering Report The purpose of this preliminary engineering report is to evaluate potential revisions to the Highway 62 Interchange as proposed by ARDOT (referenced as the ARDOT Option in this report). ARDOT proposes to convert the existing Highway 62 Interchange from a conventional diamond interchange to a Single Point Urban Interchange (SPUI). Along with the SPUI design, ARDOT proposes improvements to the Northbound exit ramp onto Futrall Drive with a proposed roundabout near 15th street, the southbound on - ramp from Shiloh Drive, and improvements south at the Cato Springs Exit including a roundabout. The City of Fayetteville proposes to modify ARDOT's planned improvements (referenced in this report as ARDOT + City Option) by adding a connection from the east roundabout to 15th Street, adding an overpass over Interstate 49 to a roundabout on the western side of Interstate 49, and removing the proposed improvements at Cato Springs Road. See Figure 1 below. r 1146101 ley 7 Figure 1: ARDOT Interchange Design (Yellow) with Fayetteville Proposal (Blue) Garver Project No. 19T21130 Page 4 rA GARVER 151 Street Overpass CITY OF W4ARKANSFAYETEVILLE ARI{ANSAS 2.0 ARDOT Option Preliminary Engineering Report As shown in Figure 2 on the following page and detailed in Appendix B, ARDOT proposes to relocate the existing northbound off -ramp and southbound on -ramp to MLK Jr. Boulevard. Futrall Drive and Shiloh Drive are proposed to become one-way frontage roads between MLK Jr. Boulevard and Cato Springs Road. The off -ramp improvements consist of relocation of Futrall Drive, the off -ramp, and 18th Street to a new roundabout on the east side of Interstate 49 just west of the existing 151h Street terminus. The new roundabout will be constructed on 2-ft to 12-ft of fill. Fill is required for construction of the roundabout due to the existing terrain sloping down to an existing creek east of Futrall Drive. Since the amount of fill would encroach on the existing creek floodplain, a modular block retaining wall in fill is proposed to be located on the east side of the proposed roundabout. Shiloh Drive is proposed to be extended south to Cato Springs Road along with relocating the Cato Springs Road southbound off -ramp west to parallel the Shiloh Drive extension. The extension of Shiloh Drive and the relocated off -ramp converge at Cato Springs Road at a proposed roundabout. The existing southbound off -ramp from Interstate 49 to Cato Springs Road will be removed. The proposed off - ramp and Shiloh Drive extension will require up to 80-ft of cut through an existing hillside. The existing Cato Springs Trail out to the Kessler Mountain Regional Park will be rerouted around the north side of the proposed roundabout. Garver Project No. 19T21130 Page 5 UN GARVER 151 Street Overpass CITY OF ��FAYETTEVILLE ARKANSAS Preliminary Engineering Report Figure 2: Proposed ARDOT Improvements South of Hwy. 62 Interchange Garver Project No. 19T21130 Page 6 rA CGARV ER CITY OF ��FAYETTEVILLE ARKANSAS 151 Street Overpass Preliminary Engineering Report 3.0 ARDOT + City Option } VAli r i 1 4 T J�N } I_ I 1 } 1 I 'Alt 1 ` North i E o t , ; , 1 } I } I , 11 � I i . ���r�' -.w•� t , IRj 11 T �g'T . fin• 11 �~ I 4 Figure 3: Garver Refined 15th Street Overpass Improvements Garver Project No. 19T21130 Page 7 rA GARVlER 151 Street Overpass CITY OF P4ARKANSFAYETEVILLE ARI{ANSAS Preliminary Engineering Report The ARDOT + City Option (Figure 3 on previous page) modifies the ARDOT Option through the following: • Removal of the improvements near Cato Springs Road which include the Cato Springs off -ramp, extension of Shiloh Drive, Cato Springs Trail relocation, and roundabout. • Addition of an overpass over Interstate 49. • Addition of a roundabout on the west side of Interstate 49. • Relocation of the MLK Jr. Boulevard on and off -ramps to function under the proposed overpass. • Addition of a connection from the east roundabout to 15th Street. • Addition of a cul-de-sac on the west end of 18th Street. • Relocation of the existing trail on the east end of the project near Hollywood Ave./ 15th Street. • Shiloh Drive south of the west roundabout is retained as a two-way frontage road. The proposed 15th Street Overpass typical section (Figure 4 below) consists of two 12-ft travel lanes, a 4- ft striped median, two shoulders, a 14-ft sidepath (trail), and a sidewalk. The overpass will be a 252-ft two -span structure, with one interior bent, and two vertical end bents with MSE Walls. The shoulders and striped median are required on the bridge due to shy distance (horizontal offset) and truck turning movements navigating the roundabouts. 61'-3" OUT -TO -OUT 26-6' CLEAR ROADWAY ? 1T-0m 1' 5' 0" 12'-0" 4'-O" 12'-D" 31-6" 6'-6" V-T" SIDEPATH SHOULDER TRAVEL LANE STRIPED TRAVEL LANE SHOULDER SIDEWALK ~ [SHY D;ST.] MEDIAN T I 1 Figure 4: Proposed 15th Street Overpass Typical Section The profile grade or height above existing terrain for the 15th Street overpass maintains a minimum clear distance of 16.5-ft from the existing terrain to the low steel elevation of the bridge. The profile grade along 15th street varies from 5-ft above existing ground at the center of the west roundabout to 37-ft above existing terrain at the center of the east roundabout. These varying elevations are required to maintain the minimum 16.5-ft clear over Interstate 49. This amount of fill causes certain approaches and exits to the east roundabout to be steep. Grades vary from 12% for 15th Street and Hollywood Avenue up to the east roundabout to 5 - 8% for the on and off -ramps. See conceptual plans in Appendix B for further information. At the east end of the proposed 15th Street Overpass project the road crosses over Town Branch Creek and Town Branch Trail. The trail will be relocated to travel under 15th Street through one of the proposed barrels of the 4-barrel 12-ft x 10-ft reinforced concrete box culvert. A trail will also be located along the north side of the 151h Street connecting the intersection of Hollywood Ave./l5th Street on the east with Shiloh Drive / 15th on the west. A connection is also proposed from Town Branch Trail up to this trail on the north side of 15th Street via switchback near the Hollywood Ave./l 5th Street intersection. The Garver Project No. 19T21130 CARVER 151 Street Overpass CITY OF W4ARKANSFAYETEVILLE ARI{ANSAS Preliminary Engineering Report proposed box culvert and other large drainage structures were sized according to the City of Fayetteville criteria. Detailed drainage calculations can be found in Appendix D. 4.0 Traffic Study Garver conducted a traffic study utilizing data from ARDOT, the City of Fayetteville, and field observations. The traffic study was utilized to refine the geometry provided by the City to best serve the traffic volumes for the design year of 2040. See Error! Reference source not found.Figure 3 on a previous page and see Appendix B for detailed Conceptual Plans. The traffic study concluded that adding the overpass at 15th Street will generally reduce delay on MLK Jr. Boulevard by providing alternate routes for traffic to access Interstate 49. One slight increase of delay was found in the ARDOT + City Option at the intersection of MLK Jr. Boulevard and Shiloh Drive/Futrall Drive (SPUI). The slight increase in delay between the ARDOT Option and the ARDOT + City Option was determined to be caused by a redirection of trips from the Razorback / 15th Street Intersection. In the 2040 ARDOT Option, 15th Street is not directly connected to the roundabout on the east side of the intersection; therefore, roadway users in the vicinity of Razorback/15th planning to proceed north on 1-49 tend to take Razorback to MLK Jr. Boulevard then west to a right -turn onto the interstate. For the 2040 ARDOT + City Option, a direct connection is made from 15th Street to the roundabout and overpass which encourages people to use the roundabout and Futrall Drive to go north on the interstate. There is a difference of around 200 cars/hour in the AM and PM Peak movements. The addition of the traffic north on Futrall Drive causes the slight increase in queue/delay. For more detailed information on the Traffic Study, please see the full report in Appendix A. 5.0 Opinion of Probable Costs The opinion of probable construction cost was calculated for each area of improvement per option as summarized in Table 1 below. Detailed cost estimates are provided in Appendix C. Table 1: Summary of Estimated Costs of Section ARDOTDescription -D• Option Cost Option East Side of 1-49 / Futrall NB Off -Ramp $ 2,640,000.00 $ 8,340,000.00 15th Street Overpass $ - I $ 3,496,000.00 West Side of 1-49 / Shiloh SB On -Ramp $ 1,120,000.00 I $ 2,340,000.00 Cato Springs Road Area, Includes: - Cato Springs Roundabout - Off -Ramp Improvements I $ 9,040,000.00 $ - - Connection from Shiloh Drive to Off -Ramp - Trail Relocation Totals: $ 12,800,000.00 $ 14,176,000.00 The ARDOT + City Option is estimated to be $1,376,000 more than the ARDOT Option. Garver Project No. 19T21130 Page 9 UN GARVER City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0992 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.5 MCCLELLAND CONSULTING ENGINEERS, INC AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $18,725.00 TO PROVIDE ADDITIONAL DESIGN SERVICES ASSOCIATED WITH THE WEST CENTER STREET AND NORTH HARMON AVENUE INTERSECTION PROJECT - 2019 STREET IMPROVEMENTS BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 1 to the contract with McClelland Consulting Engineers, Inc. in the amount of $18,275.00 to provide additional design services associated with the West Center Street and North Harmon Avenue Intersection Project. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 Chris Brown Submitted By City of Fayetteville Staff Review Form LULU-UyyL Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/5/2020 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of Contract Amendment #1 in the amount of $18,725.00 with McClelland Consulting Engineers, Inc. for the W. Center Street and N. Harmon Avenue Intersection Project. �:�iZ►�E:�:�il�i►�i�:��:�:iil[iy� Account Number 46020.7219 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Budget Impact: 4602 - Streets Project (2019 Bonds) Fund Center St. / Harmon Ave. Intersection Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 1,271,256.00 $ 68,267.48 $ 1,202,988.52 $ 18,725.00 1,184,263.52 V20180321 Purchase Order Number: 2019-00000775 Previous Ordinance or Resolution # 242-19 Change Order Number: Original Contract Number Comments: 2019-00000049 Approval Date: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 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: November 5, 2020 CITY COUNCIL MEMO SUBJECT: Approval of Contract Amendment #1 in the amount of $18,725.00 with McClelland Consulting Engineers, Inc. for the W. Center Street and N. Harmon Avenue Intersection Project. RECOMMENDATION: Staff recommends approval of Approval of Contract Amendment #1 in the amount of $18,725.00 with McClelland Consulting Engineers, Inc. for the W. Center Street and N. Harmon Avenue Intersection Project. BACKGROUND: The Center and Harmon intersection is a priority project in the 2019 Bond Program. Located between the University of Arkansas and Fayetteville High School, this intersection has a high volume of both vehicular and pedestrian traffic. With the awkward vertical grades and horizontal alignment of the intersection, it makes for a difficult intersection to navigate. This project will include some minor alignment changes, a traffic signal and turn lanes to the west and north legs of the intersection. Pedestrian accommodations will be included with the signal installation as well. The City Council approved a design contract with McClelland Engineers, Inc. (MCE) for this project on November 5, 2019. DISCUSSION: Staff has been working with MCE on the design for this project. As the design was nearing completion, some additional design elements have been identified that need to be added to the design contract. These items include: 1. Coordinate project design & right-of-way needs with University of Arkansas (U of A) Planning and Facilities Management, coordinate/ address all U of A comments with City for each design phase. 2. Design of stormwater improvements from intersection westward along the north side of Clinton St. to connect to existing inlet at Clinton House Museum. 3. Additional topographic survey associated with new drainage design along Clinton St. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The design for this project will be paid for with the funds from the 2019 Transportation Bond Project. The total fee including this change will be $109,675.00. Total funding for this project in Phase I of the Bond Program is $1,300.000. Attachments: Vicinity Map MCE Scope and Fee - Engineering Agreement HARMON AVE. & CENTER ST. INTERSECTION IMPROVEMENTS AMENDMENT TO OWNER - ENGINEER PROFESSIONAL SERVICES AGREEMENT Amendment No. 1 1. Background Data: a. Effective Date of Owner -Engineer Agreement: November 5th, 2019 b. Owner: The City of Fayetteville Engineer: McClelland Consulting Engineers, Inc d. Project: Harmon Ave. & Center St. Intersection Improvements 2. Description of Modifications. The Scope of Services currently authorized to be performed by Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows: shall perform or furnish the following Additional Services: a. Revise ATTACHMENT `A', SCOPE OF SERVICES, as attached. b. Revise ATTACHMENT `D', COMPENSATION, as attached. 3. Agreement Summary (Reference only) a. Original Agreement amount: $ 90,950.00 b. Net change for prior amendments: $ 0.00 c. This amendment amount: $ 18,725.00 d. Adjusted Agreement amount: $ 109,675.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the original Agreement. Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is , 2020. OWNER: ENGINEER: City of Fayetteville McClelland Consulting Engineers, Inc By: _ Title: Date Signed: By: Kevin Beaumont Title: Vice President Date: Date Signed: Kevin Beau mOnt,2020.11.04 7:17:20-06'00' ATTACHMENT 'A' Amendment No. 1 SCOPE OF SERVICES CITY OF FAYETTEVILLE, ARKANSAS HARMON AVE. & CENTER ST. INTERSECTION IMPROVEMENTS 1) cove of Project PROJECT DESCRIPTION: Add wording: o Coordinate project design & right-of-way needs with University of Arkansas (U of A) Planning and Facilities Management, coordinate/ address all U of A comments with City for each design phase. o Design of stormwater improvements from intersection westward along the north side of Clinton St. to connect to existing inlet at Clinton House Museum. o Additional topographic survey associated with new drainage design along Clinton St. A-1 ATTACHMENT "D" Amendment No. 1 COMPENSATION CITY OF FAYETTEVILLE, ARKANSAS HARMON AVE. & CENTER ST. INTERSECTION IMPROVEMENTS Revise compensation as follows: • CITY shall pay ENGINEER for Basic Services and Reimbursable Expenses rendered an amount not exceeding $109,675.00. Basic Design Services: o Coordination with UofA & associated design revisions. o Additional drainage design. Surveying o Additional topographic survey as required for Clinton St. drainage design. Total Design Related Services Fee $18,725.00 D-1 y 71 W FAIRVIEW ST ` r ^ ^'� 4 ' d-- Nv C%'XN,AOIA ii 1 w Qit s 6 2 �� ,,,jjlj �•' • J r V — W CENTER ST ------------ tun tN1lg L ram, tint � u!I > z ! lime 20O z RMON AVE. AND CENTER ST. • 1 INTERSECTION 19 CONCEPT PLAT City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0923 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.6 EXPRESS INTENT FOR TRAIL ECONOMIC DEVELOPMENT: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO STUDY AND DEVELOP ORDINANCES TO REGULATE AND PROMOTE TRAIL ECONOMIC DEVELOPMENT IN THE CITY OF FAYETTEVILLE WHEREAS, the Fayetteville Unified Development Code does not directly address trail economic development in a manner that guides future residential and commercial activity along our trail systems; and WHEREAS, over 100 miles of trails exist within the City of Fayetteville, with many intersecting with major metropolitan nodes, which have experienced continual development; and WHEREAS, there are many benefits to encouraging and promoting trail adjacent economic development, such as increased sales tax revenue; diverse and abundant commercial and residential spaces; maximization of trail potential; boost in property values; and reinforcing the City's commitment to the social and economic vitality of the city. 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 requests that Mayor Jordan utilize appropriate City staff to study and develop for the City Council's consideration ordinances to regulate and promote trail economic development in the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 City of Fayetteville Staff Review Form 2020-0923 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item MaryMcGetrick 11/10/2020 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends that the City Council of the City of Fayetteville, Arkansas requests that City staff study and develop for the City Council's consideration ordinances to regulate and promote trail economic development in the City of Fayetteville. Budget Impact: Account Number Fund Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: -•t. CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Mary McGetrick, Long Range Planning Manager Hugo Hamblin-Agosto, Long Range Planner DATE: November 10, 2020 CITY COUNCIL MEMO SUBJECT: City staff requests to study and develop for the City Council's consideration ordinances to regulate and promote trail economic development in the City of Fayetteville. RECOMMENDATION: Staff recommends that City Council requests staff study and develop for the City Council's consideration ordinances to regulate and promote trailside economic development in the City of Fayetteville. BACKGROUND: Trailside economic development initiatives have experienced heightened interest from developers and municipalities as trail systems expand and citizens increasingly utilize active transportation networks. Additionally, as the Covid-19 pandemic continues to create an impact in the way people work and live, they are increasingly utilizing active transportation corridors. Many municipalities have increasingly focused on improving their economic resiliency and have sought opportunities to maximize their potential growth associated with trailside development. Transforming and repurposing undeveloped trailside parcels has generated renewed investment and revitalization from citizens and developers alike. Trail systems tend to be the ultimate convergent point of transportation and economics and quickly become catalysts for sustaining healthy, interconnected and resilient cities. DISCUSSION: Fayetteville continues to grow and neighborhoods have recently experienced an increase in density adjacent to the trail system. This plan supports the continued development of vibrant and economically healthy trail systems through increased economic development initiatives. Particularly, as development along the trail continues, the availability of developable land will diminish, thus the ability to guide and structure this development will be key in creating economic growth for the City. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Encouraging sustained economic resiliency requires businesses to have access to consumers. The City has maintained an exceptional system of outdoor trails that connect the City to the wider Northwest Arkansas region. Having a strong active transportation network in place provides small businesses an opportunity to reach more consumers and gain greater flexibility in choosing their location. Continued support of trailside development will attract more residents and local businesses will benefit by having more consumer access in different and novel ways. Below are examples of various projects staff would like to explore in relation to increasing the economic vitality of the trail system; After an initial meeting with the Parks Department staff it was found that the mobile vendor ordinance may be amended to allow for the presence of permitted micro vendors such as bike and cart vendors. This amendment would increase access to consumers for small business owners that may not have the resources to maintain a traditional brick and mortar location. Allowing vendors along trails also has the potential to increase sales tax revenue. Long Range Planning staff found that peer cities have launched large scale consumer preference reports in conjunction with focus group sessions to determine the types of businesses members of the community would like to see along the trail systems. These reports can guide economic development policy and allow staff to reach out to potential developers who may be a good fit for the larger trailside development. Trailside development is hindered by various existing code regulations. Creating a trailside economic development zoning overlay district will allow for greater flexibility for development adjacent to the trail system. The overlay may include building design guidelines such as required dual facades, fence height and material regulations and loading dock locations. It may also include site design regulations including the location of parking, pedestrian walkways and decreased setback requirements. BUDGET/STAFF IMPACT: N/A Attachments: Resolution of Intent Trailside Economic Development Report Mobile Vendor Cheat Sheet Trail Economic Development Plan Photo Credit: bikearkansasmagazine.com ro ■. 'N 4 L , 1 M Trailside economic development continues to gain heightened interest from developers and governmental agencies across the country. The City of Fayetteville continues to develop an extensive trail network which residents have increasingly utilized for commuting and recreation. Being the ultimate convergent point of transportation and economic vitality, trail adjacent spaces have become catalysts for sustaining healthy, interconnected and resilient cities. Through transforming and repurposing underutilized areas adjacent to the trailside for economic development, communities have experienced renewed investment and revitalization. These spaces not only have the potential to captivate consumers, but also to leverage economic potential for small business owners. A common issue for local communities is their reliance on outside investment to fuel economic growth. This notion relies on the promise that corporate entities will remain loyal to local communities. When these entities become the primary provider of goods and services to a community, their income gained is potentially lost towards outward spending (money funneling outside of the local economy). Having a strong local economic base is necessary for communities to remain independent and thriving. Research has shown that small business development has accounted for 61.8% of net new jobs from the first quarter of 1993 until the third quarter of 2016. Municipalities should continue to encourage diversity when it comes to their economic anchors including micro economic growth potentially driven by consumer spending on and adjacent to vibrant trial systems. Growth and resiliency for local enterprises requires accessibility to consumers. The City of Fayetteville has maintained an exceptional system of outdoor trails which connect the City to the wider Northwest Arkansas region. Trail adjacent development is particularly successful at creating inviting novel spaces that entice consumers to continue patronizing those businesses. These systems strengthen active transportation networks and further increase consumer accessibility. Providing access to streets and a strong active transportation network offers small businesses an opportunity to reach more consumers. Reaching consumers is important for businesses starting to establish their brand and increases their chances of sucess. YE Building Footprint Comparing the spatial footprint of the trail across decades provides insight into the natural evolution of trail development. The images below show areas that trails have experienced substantial change. 1994 0 d a 0 p ED � a d 0Q d ° oQ ED0 a O a ❑ Q°a B El El D Q Q b�Q ❑ Q S> CD 0 d 4 a Q n O El 1 o 11 CI • p ° 0 L n 6 O o ca g o 6 Q 4 0 0 o. HoM aa❑ o pow n !I " 0 0 0' o ❑ 0 0 LJ�O °❑000 oo❑ouuu p _�o ❑OODO O ❑❑ O ❑ DO 00000 Oa ❑ Current O � ° Q d epd d❑ C] ED � 00 8 d ono d Q 0 ❑ a £]7P o a ❑ 0 ❑ Q a_n C° fl cs a Q p 4 �Q CT o Q oa a ID wa�o oQoo � El fl alp a ❑ �I W Appleby Rd. 4 ° B ❑ ad C= C=-3o p 60 o g � 4°q E Zion Rd. Q .� a Qo°P 900 000 L Q ao a oog 0 000 Q O o f)yrlf'' Iy�Irls 24n 0 O 0a 0 Z) � p0❑ ❑ a❑ o0000 oo❑q T1 C7 o a 000©°a o o ❑❑ a o6ap C7 6 q C7fl fl U d� C7� ao n aon �d °�00 ❑ Q � OC7 ° °❑❑°oo a❑❑O❑❑0❑�p°q❑❑❑❑❑D O LLLJJJ r ° s 4 Fayetteville neighborhoods have experienced monumental infill in proximity to the trail system. According to City Plan 2040, the population of Fayetteville continues to grow, and will continually increase by 41 % between 2017-2040. This plan creates an opportunity to refine and shape our trails to accommodate a population increase by offering more experimental and economically advantageous opportunities. Leveraging both the strengths of residential growth and its economic potential, this plan provides the tools needed to guide the future of economic growth along the trails system. This section highlights goals, action items, and core principles tied to trail economic development. Several unique hurdles exist when considering the economic vitality associated with development along the Razorback Greenway including the streamside overlay zone, floodplain/floodways, among other Fayetteville regulatory systems. Thriving trail economic development is reliant on the successful navigation of these possible hurdles. Though this plan primarily focuses on the Razorback Greenway, it's principals may be incorporated across various regional trail systems. Increase the local entrepreneurship presence and resiliency adjacent to the trail system. Connect and strengthen communities through increasing multimodal, sustainable, and equitable transportation. Strengthen neighborhood character through preservation and enhancement. Photo Credit: edibleozarkansas.ediblecommunities.com Increase local entrepreneurship and resiliency along the trailside. Connect and strengthen communities through increasing multimodal, sustainable, and equitable transportation. A Increase accessibility and affordability of small-business incubators. A Enhance public recreational facilities and other community assets. AJ I Entrepreneurship and innovation are key to a community's long term vitality. Having the Having exceptional community assets fosters community and can attract private investment ability to access more price points of entry to commercial spaces result in greater by companies wanting to utilize these spaces. Focusing on community assets and natural economic resiliency. Through diversifying commercial space, our vendors can begin design, spaces can be transformed to reflect a places personality and core principles. climbing the commercial ladder. Action Items Action Items • Secure federal and state grants to improve existing infrastructure within opportunity nodes. • Research state and federal grants that support small business development. • Partner with the Parks department to encourage public facilities that support all recreation types. • Address areas in the code that limit small business development. • Partner with the Parks department to create an existing facilities report that addresses current conditions and future votential. Partner with other agencies to provide small business loan assistance WContinue promoting the 24-hour neighborhood along the trail Band support within these opportunity nodes. � � B through strategic lighting and other inviting safety features. It's pertinent that local business support is a collaborative effort. Through sustained and collaborative partnerships, resources can be targeted towards better serving entrepreneurs and Often cities are designed for daytime use. Capturing both the nighttime and daytime small businesses. Focusing these programs within opportunity nodes allows commercial economy, cities are able to reach a neighborhoods full economic potential. The City of Fayetteville development may be better guided by staff. has continually used practices that promote this objective, but it's important that improvements and Action Items evolution occur as the city continues to expand. • Create a small business lending program that matches entrepreneurs' contributions. Action Items • Pilot a bi-yearly small business event along the trail. . Partner with the Police department to install greater safety features along the trail. • Support a trailside business association. I • Invigorate the trailside with more diverse and engaging types of lighting. Expand commercial space opportunities Create a community vision plan that further solidifies future goals Cfor small businesses and early entrepreneurs. C and projects along the trail. It's important to expand our commercial space availability beyond the traditional built It's important to address the intersection between transportation and economic development. environment. This means allowing more flexibility and creativity in defining commercial Through the lens of new urbanism, planning active transportation along the trail ensures users spaces. Through revising our food vendor ordinance, We can create conditions for connect and invest with their neighborhoods. Though trails function as major conductors of active entrepreneurs to see their business thrive by expanding their opportunity to engage transportation, it's necessary to plan how future and current uses may be encouraged to utilize consumers. these spaces. Action Items Action Items Revise existing regulations to allow vendors in parks and public property. • Create a trailside economic plan that envisions future goals, objectives, and action items. • Convert underutilized city property into temporary mobile vendor courts. • Create a consumer preference report along the trail to guide the types of businesses residents want to see on the trail. Photo Credit:cnu.org Strengthen neighborhood character through preservation and enhancement. / Develop a design overlay that defines how future trailside A developments address and incorporate the trail system into their design in the initial conceptual phases of approval. It's necessary to guide and shape future development along the trail. An overlay supports a city's objective without heavily uprooting and complicating existing regulations. These overlay zone can be flexible, and should be tailored to the existing conditions and desired outcomes. Action Items • Conduct a zoning analysis to address current limitations on commercial, multifamily, and nontraditional development. Research cases where innovative overlay districts have been utilized to guide future development. Create an interdepartmental collaboration to address the regulatory components necessary for a successful overlay. Hone the user experience through experimental methods B and leveraging community assets. Often experimental design is overlooked in the planning process. The design for projects should be collaborative and reflective of the community that simultaneously sparks curiosity and familiarity. Since trails rely on user experience, it's important that design and community perception be a central focus to any endeavors. Action Items Partner with local artists and agencies to create a "local artist spotlight" initiative along the trail. Research and incorporate a trail economic overlay district that encourages all types of social and economical activity. A Convert unbuildable land to public spaces that rely on natural design and principles (increase resident's connectivity to the natural environment). land which can be difficult to develop is often left empty and untouched. This creates a gap in public space and recreational areas; these could become parks, gardens, or anything that relies on natural design. Action Items This page was intentionally left blank • Research and incorporate design standards along the trail system and underutilized lands. • Identify city owned property along the trail that's best suited for public use. Core Principles Create affordable commercial spaces Foster versatile infrastructure Strategize incremental development Economic Social Developmental Promotion and retention of local entrepreneurial talent Strengthen design characteristics Diversify housing and commercial options Population Growth- Fayetteville 10 DD6 'r- 35Oa e''' N-.[k9553 W.O* KM i' SM Q.736 70AW f'l 58oix 43.UCO 50.U8 a209F AI%M I*.M IWO 30,U0[1 Population Growth- MSA ':�naon R'•4.4 i52 :40.004 aeo.i31 5W au aaa J11.1ZI `� mom Y34,KA '0= 3aupaa 3M XW 25LO *05-rm aund e&-; Population throughout the region continues to grow. Based on U.S. census data, both the metro region (MSA) and Fayetteville have grown since the 1990's. Based on ACS 5-year estimates, which estimates current demographics based on previous data points, the total population of Fayetteville in 2020 is approximately 82,736. Similar growth has occurred throughout the metro region, with the total population reaching approximately 503,585. This trend hints growth will continue. It's important that cities prepare to support this influx of talent. Population Pyramid - Fayetteville 85 Yew sand C w .' 75 to84 Yeas -■ 65 to 74 Yeas 55 t064 Years -- 45 to54 Years -- 35 W44 Years —� 25 W34 Years is to 24 Years 15 to 17 Years .■ 10 to 14 Years �- 5 tog Years U nfw 5 Years _— 15.00% 10.OD9i 5.00% OW6 S.OD% IO.Od9i 15.ODIA ■ Female ■ Male Population Pyramid - MSA ES Yam!; and Ovtr 75tp84Yeas 65 to 74 Years �- 55 to 64 Yeas 45 [0 54 Years 35 [o44 Years 25 to 34 Years 18 to 24 Years 15 to 17 Yws 10 to 14 Years Sto9Yem Under 5 Ye?n 10.W% 8,00% 5.00% 4.00% 2.00% OjD^ 2.OD% 4.00% 6.007d S.OD% 1D.DU% a Female ■ Male Utilizing population pyramids to extrapolate key differences in age demographics, the following charts were created. Fayetteville's population consists of a primarily younger cohort when compared against the wider region. This is likely fueled by the constant influx of university students, which can support local industry innovation and entrepreneurship through constantly refreshing talent. This source of talent means cities should focus on retaining and promoting this demographics connection to the area, so they will remain a contributing members of the local economy. City of Fayetteville I Razonback Greenway c Lake City Limits F lards Miler. N 0 U.5 1 2 3 d S The Razorback Greenway is a 36-mile shared -use trail system that extends from Fayetteville to Bentonville. This system comprises 19 smaller trail segments, each with their own unique identity and ecosystem. Spanning various downtowns and natural parks, this active transportation system captures a variety of zoning designations which encourage various development patterns. Razorback Greenway Segments - Scull Creek trail Powel I Street Trail Lake Fayetteville Trail Frisco Trail Lake City Limits ikm N 0 0.5 1 2 3 A W IE S Focusing on Fayetteville, the sections of the Razorback Greenway within city limits consists of 4 major trails: Frisco, Scull Creek, Powell Street, and Lake Fayetteville. These four trails connect and defines our community. The following section breaks down these segments in more detail, and focuses on their existing zoning regulations. Frisco Trail Miles Razorback Greenway Segments 0 0.075 0.15 0.3 Frisco Trail (South) Streamside Protection Zone Type Bankfull Management Waterside Fayetteville Roads A large portion of this trail is within or adjacent to the streamside protection overlay, which can create some challenges to development. Alternatively, the northwestern segment is nestled within areas zoned as CS and DG. Both areas permit higher density and business enterprise. This segment leads directly into the cultural arts district, which is primed for growth; driven by the Cultural Arts Corridor vested for 2023. N W E S A majority of this trail segment is located outside a the streamside protection zone, thus creating ample opportunity to pursue trailside economic development exists. Additionally, this area could be used to funnel nearby residents to other areas of higher economic opportunity by continuing Fayettevilles exceptional progress creating "complete streets," a transportation policy that requires streets to enable safe, convenient and comfortable travel to areas of higher economic presence. Existing goals and plans can be found in the recently completed Fayetteville Mobility and Active Transportation Plan. With other large scale projects, such as the cultural arts corridor, there is great opportunity to build on past success. Razorback Greenway Segments I Miles Frisco Trail (North) Scull Creek Trail (South) QCultural Arts Corridor Streamside Protection Zone Type Bankfull Management Waterside Fayetteville Roads 11=116m/ptl Yell Blvd 1�1 N W E S Tp GCS: TII I iIIllllliii��6! a%�!NM 1111■.._- 40 - = 5 kA Scull Creek Trail zone. There is opportunity to pursue denser housing nearby with minor small business development in the nearby RSF-4 and RMF-40 districts. It's important to note that many students use the trail system during the weekends, which provides much needed last mile transportation. Zoning in the surronding area is geared towards residentail development, but does permit for limited business. This area is cohesive towards residential development. Introducing an overlay structured towards economic development would likely increase density and desirability as more amenities begin to cluster (as seen further north). This segment will require careful planning that addresses structural and ecological concerns, due to the streamside protection overlay. Additionally, this segment crosses through 71 B, which provides enough pedestrian and vehicle traffic to provide support for small businesses and entrepreneurs. Razorback Greenway Segments Miles 0 0.125 0.25 0.5 Scull Creek Trail (Central) — Fayetteville Roads Streamside Protection Zone Type = Bankfull 0 Management N Waterside W E S Razorback Greenway Segments Miles 0 0.075 0.15 0.3 Scull Creek Trail (North) Clear Creek Trail Fayetteville Roads Streamside Protection Zone Type - Bankfull N Management Waterside W \ E S This segment straddles the streamside protection zone. This portion of trail would be suited for higher density development. Leading directly into Johnson, there emerges an opportunity to partner with other governmental agencies to increase economic vitality. L4 w y,. ✓b�rP NMI F' y� ! , ." + ,. F F 1 At k4- XY \ 1 g ,.fit I byME yy OWr4> it t41 .%! Y.. i."'. i•�1.<s .'P1. 1_c !'s: ',Y. • A , .< • .A i �1 win I- =_ �i, * - - �. --MOM - F% `� 1 Razorback Greenway Segments Miles 0 0.125 0.25 0.5 Zion Rd Clear Creek Trail Scull Creek Trail (North) Lake Fayetteville Trail Fayetteville Roads Streamside Protection Zone Type Bankfull Management Waterside N W + E S This area is advantageous for trail economic development, because it has pockets of land outside the streamside protection zone. Located within a C-2 district, which was designed to encourage functional grouping of commercial enterprises, the zoning is geared towards mixed -use and walkable communities. Historically, economic projects within this area have been focused on retail use, but there's ample room to guide more diverse development here as Fayetteville continues to grow. Lake Fayetteville Razorback Greenway Segments Lake Fayetteville Trail Clear Creek Trail Streamside Protection Zone Type Bankfull ® Management © Waterside - Fayetteville Roads Miles 0 0.125 0.25 0.5 N W E S Though a majority of this area is outside of the protection zone. Development projects within this area are severely limited to protect its natural ecosystem, which is something that stakeholders should be vigilant to preserve. Alternatively, this area could fuel economic development for outdoor recreational enthusiasts; this could include restaurants and other tourism related industries. P—m— 0 '4 AdIL - gdk %W. qOmmu The existing economic conditions of our trail systems, specifically the variety of uses and sizes, support the need to outline several nodes of economic opportunity. As favorable conditions evolve it's important to guide and support the trails as places of high economic value. By clearly identifying areas primed for success, future implementation of this plan can yield the highest return. Cities have never been static and have evolved at various rates over time. This type of plan is reflective of this organic evolution of communities and their urban landscape. Encouraging defined geographical nodes permit flexibility and control as purposed action items are integrated into the existing city fabric. The ability to temperature check policies allows them to be adjusted and refurbished based on their overall effectiveness within the community. Further extensions and applications of this plan can applied to other trail systems as deemed appropriate, but the following nodes provide the necessary groundwork for innovation to bloom. Trailside Opportunity Nodes Opportunity Nodes Razorback Greenway Fayetteville Roads City Limits Lakes Miles 0 1 2 4 N W E S 3 /William St William St Q (D > E U T O 3 a > o > Q Z (D z Z Q W readwell St (D Q W Putman St P tman St N C _O U) N � Q in m � Iley 633 U) c� Q c � v c E Q E o � co > O W Prairie c Trailside Opportunity Nodes South Opportunity Node Frisco Trail Cultural Arts Corridor Fayetteville Roads Streamside Protection Zone Type JW Bankfull Management Waterside W Dic son St Spring St a (D > Q o C/) Q z W Me dow St > cn Z (D = Q U Q o U Z W Cente t O Z > Q W Mou tain St J O QJ O o° U) U Rock St > (D > Q Y U ib L U U ,a w South St e` Cn a) m F CD St to Hwy 180 0P W 4th St Miles 0 0.05 0.1 0.2 rStW Hickory Q a c O Z Lawson St W Lawson St ro Q > 0 o�c c � � 3 > > Z ; _ z 0 W Spruce St r z � N QW /WBeck Lawson St J D ro Z Q N W Holly St C ro a C W Holly St Q a z T 2 > Q Z a� > W Hazel St a5 Q Patricia Ln rn Z c i >, Q z . Z z North St W ughes St Trailside Opportunity Nodes Central Opportunity Node Scull Creek Trail Fayetteville Roads Streamside Protection Zone Type - Bankfull Management Waterside Miles 0 0.05 0.1 0.2 W Drake St ' N a = Isley W Me d, m z W Prince St Q> W C ssatt St `6 W Strange D a� Q L U > Q (0 C z = > W napp Dr z W Wise St z e Jacks Blvd Bob PI St U N Q C > a _ c (U L L N Z Z J N z � U W Bel Air Dr U U) W Davis St Trailside Opportunity Nodes North Opportunity Node Scull Creek Trail Fayetteville Roads Streamside Protection Zone Type - Bankfull Management Waterside N N C W 0 z Zeb n a o C O O a> U) W a> W Garrett Dr z ID 47 Q> Q W co 41W I rSt Z 2 AStzW AsAsh z c s J N >' O C � C U ) _ U CU z C3 z W Forsvthia nr State Dr o L U U) N z z hE Elm St W E Poplar St N Q a �r St co a >O z 0 0.1 0.2 ■ Miles 0.4 N WE S IV% Tvoes of Mobile Commerical Vendors Cyclist Vendor Having a capacity to utilize roads, sidewalks, and trails, these are eco-friendly and carbon neutral mobile com- mercial spaces. Built on either a bicycle or tricycle, these vendors are able to easily reach consumers and test their product's viability. Permitting these along trails and other strethes of pedestrian walkway can poteitally fill service gaps that are unaccessable to other service provider. Photo Credit: icetrikes.com kiosks These are vendors that operate from general- ly immovable booths that can be quickly setup/ Photo Credit: wwwmadeinchina.com Photo Credit: flickr.com Trucks These are large motorized vehicles, which accommo- date a wide range of commercial activities. Often asso- ciated with the pop-up restaurant phenomenon, these trucks offer a variety of specialties that have become particularly popular. Able to relocate frequently, these vendors have the freedom to move large quantities of product and equipment easily. Trailer These are mobile operations based on streets or private property. They do not travel under their own power, and require an individual or vehicle to tow. These types of vendors are suited for permanent or Photo Credit: flickr.com temporary operation. Mobile catering Generally limited to selling lightweight retail and prepared food, this option is commonly found in many dense urban centers. They're normally transported through physical means, and have limited capacity. They're suitable for high traffic areas with limited pedestrian space. Photo Credit: allstarcateringllc.com Bustaurants Generally these are businesses inside a converted bus. These are mostly immovable,and require long term investments.They have the capacity to serve the most consumers, and utilize non traditional means of placemaking and repurposing. Photo Credit: britishcolumbia.com Commerical Food Vendor Cheat Sheet CLASSAllows vendors to serve only packaged foods and beverages. No preparation or assembly of foods or beverages may take place on the unit. Assembly is not permitted on site, and should be entirely prepared in a commercial or cottage kitchen. Ice may not be dispensed to customers, and can only be used for tem- perature control. No handwashing station required, since there is no bare hand contact with food. These vendors are able to provide hot/cold food and refreshments. Unpackaged CLASS food is permitted, but assembly must be prepared in a commercial or cottage kitchen. Ice may be dispensed to consumers, and must remain separately stored. Portable handwashing stations are required for customers, while dishwashing capability is required if vendors intend to reuse utensils or other equipment. �I Vendors are able to prepare and serve food and refreshments, but can't pro- cess or cook raw meat. They may prepare the food and/or refreshments onsite if their unit has the capacity. Ice may be dispensed to consumers, and must remain separately stored. Portable handwashing stations and restrooms are 3 required for customers. Dishwashing capability is required if vendors intend to reuse utensils or other equipment. Vendors can prepare and serve food and refreshments given they can pro- vide the necessary preparation and storage facilities. Ice may be dispensed to consumers, and must remain separately stored. Portable handwashing stations and restrooms are required for customers. Dishwashing capability is required if vendors intend to reuse utensils or other equipment. Limited seating and dining facilities are required for consumers to utilize. CLASS City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1005 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.7 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 33.1 TRAINING; 41.3.5 GROOMING AND UNIFORM REQUIREMENTS; AND 46.1.2 CRITICAL INCIDENTS 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 Fayetteville Police Department policies 33.1 Training; 41.3.5 Grooming and Uniform Requirements; and 46.1.2 Critical Incidents. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 City of Fayetteville Staff Review Form 2020-1005 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mike Reynolds, Chief of Police 11/12/2020 POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: Council approves a resolution adopting Fayetteville Police Policies 33.1, Training; 41.3.5, Grooming & Uniform Requirements; and 46.1.2, Critical Incidents. 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: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ - Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE y� ARKANSAS MEETING OF NOVEMBER 17, 2020 TO: Mayor and City Council /& FROM: Mike Reynolds, Chief of Police DATE: November 12, 2020 SUBJECT: Police Department Policy CITY COUNCIL MEMO RECOMMENDATION: Council approves a resolution adopting Fayetteville Police Policies 33.1, Training; 41.3.5 Grooming & Uniform Requirements; and 46.1.2, Critical Incidents. BACKGROUND: The Fayetteville Police Department is currently in the process of reviewing policies and updating as necessary to make changes as recommended to meet current directives and accreditation standards. DISCUSSION: Fayetteville Police Policy 33.1, Training, is an existing policy that contains changes to meet new accreditation and state standards. Fayetteville Police Policy 41.3.5, Grooming & Uniform Standards, is an existing policy that contains changes to reflect a current department directive and current department protocols. Fayetteville Police Policy 46.1.2, Critical Incidents, is an existing policy that contains changes to meet new accreditation standards. BUDGET/STAFF IMPACT: These policies will not have any impact on budget or staff at this time. Attachments: Fayetteville Police Policy 33.1, Training Fayetteville Police Policy 41.3.5, Grooming & Uniform Standards Fayetteville Police Policy 46.1.2, Critical Incidents Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PRO CED URES, AND RULES Effective Date: SuWect: 33.1 Training Reference: Version: 4 CALEA: -3-3- 33.1.2 NT, 33.1.6, 33.1.3 NT, 33.1.4 NT, 33.1.5, 26.1.4, No. Pages: 7 33.1.7 NT, 33.2.3 NT, 33.4.3, 33.2.4 NT, 33.3.1 NT, 33.4.1, 33.4.2, 33.5.1, 33.5.2 NT, 33.5.3, 33.5.4 NT, 33.6.1 NT, 33.6.2, 33.7.1 NT, 3 3.7.2 NT, 3 3.8.2, 3 3.8.3 NT I. Purpose The purpose of this directive is to establish procedures for the Fayetteville Police Department training program. The training program should be administered with three overall purposes in mind. First, well trained effieers sworn and non -sworn employees are generally better prepared to act decisively and correctly in a broad spectrum of situations. Second, training results in greater productivity and effectiveness. Third, training fosters cooperation and unity of purpose. II. Policy A. Administration 1. The training function of Fayetteville Police Department will be administrated by the Training Coordinator. a. The Training Coordinator is the supervisor assigned to the Training Division. b. The Training Coordinator's function is to ensure that the quality and quantity of training meet the goals of the department. C. The Training Coordinator shall develop and evaluate training needs based on input from each division. d. The Training Coordinator, although not in charge of every training requirement of the department, shall assist as needed with training needs in each division of the department. 2. The following guidelines will apply to training attendance: [CALEA 33.1.2] a. The Training Coordinator will notify supervisors of upcoming training as soon as possible so that all personnel who may be required to attend the training will have as much advanced notice as possible. Supervisors will ensure information is disseminated to affected personnel in a timely manner. b. The Training Coordinator or supervisor may grant exceptions to attendance for reasonable excuses of conflicting nature to include court appearance, 33.1 Training Page 1 of 7 illness, departmental business and personal emergency. Personnel unable to attend mandatory training will be required to attend a scheduled make-up training session. C. The Training Coordinator will document training attendance of all personnel for the department with the exception of Central Dispatch Center (CDC) personnel. A designated dispatch supervisor will be responsible for documenting training attendance for their division. Training implemented by any division managers that is not coordinated by the Training Coordinator will be recorded by the corresponding division manager. It is the responsibility of the division managers to notify the Training Coordinator about the training, so the employee's training records can be updated to reflect their attendance in training programs. As personnel complete training programs, the date of the training, the types of training received, any certificates received, attendance, and any applicable test scores should be recorded [CALEA 33.1.6]. d. All Fayetteville Police Department personnel attending training courses outside the department shall submit documentation of attendance to the Training Coordinator with the exception of CDC. A designated dispatch supervisor shall handle these responsibilities for CDC personnel [CALEA 33.1.6]. e. Reimbursements to employees attending training in respect to mileage, meals, housing, fees, books or materials will be provided in accordance with the City of Fayetteville's Travel and Training Policy [CALEA 33.1.3]. f. The refusal or failure to complete the assigned training can result in disciplinary action against the employee. 3. Lesson plans for all training courses conducted by the Fayetteville Police Department will include the following: [CALEA 33.1.4 a.-d f.] a. A statement of performance and job -related objectives. b. The content of the training and specification of the appropriate instructional techniques. C. A list of resources used in the development of the curriculum. d. A list of resources required in the delivery of the program. e. A process for approval of lesson plans must include: (1) Submission to the Training Coordinator or respective division manager. (2) Training Coordinator or respective division manager will review the lesson plan to ensure it includes each requirement. (3) Training Coordinator or respective division manager approval of lesson plan. (4) Submission and acceptance by formal certification body when required or applicable, i.e. CLEST. f. Identification of tests used in the training process. 4. The department recognizes remedial training may be necessary to ensure employees do not suffer from deficiencies in basic skills, knowledge and abilities required to perform their assigned tasks: [CALEA 33.1.5] 33.1 Training Page 2 of 7 a. When, based on sound evidence, a supervisor has identified by testing or inspecting job performance that an employee has demonstrated a deficiency in basic ability to perform assigned tasks, and the supervisor has reason to believe that such deficiency may be corrected, he may direct that employee, in writing, to attend a specific remedial training program. b. All remedial training of employees shall include a timeframe of the training and documentation of the remedial training provided [CALEA 26.1.4 a. 33.1.5 a., b.]. C. The supervisor will identify such programs through the Training Coordinator or division manager. d. As soon as is practical, the employee will take part in a training session to address the noted deficiency. e. f. Failure by the employee to correct the deficiency may result in disciplinary action. 5. It is important the Fayetteville Police Department maintain records of each training class it conducts, document employee participation and, at a minimum, record the following: [CALEA 33.1.6] a. Course content in the form of lesson plans provided by course instructors [CALEA 33.1.7 a.]. b. Names of agency attendees [CALEA 33.1.7 b.]. C. Performance of individual attendees as measured by tests, when administered [CALEA 33.1.7 c.]. B. Police Training Academy 1. All e€€ieerssworn employees of the Fayetteville Police Department must meet mandatory basic training requirements. The department will meet the following requirements that apply and will maintain a positive relationship with the state's training academies: [CALEA 33.2.3] a. As required by Arkansas Statute 12-9-106, the Fayetteville Police Department will utilize state approved law enforcement training academies for the purpose of providing basic training to all e€€eer-s sworn employees. b. The Training Coordinator, in a liaison role, is responsible for maintaining a positive working relationship with the staff of the state's law enforcement training academies [CALEA 33.4.3 d.]. C. As set forth in Arkansas Statue 12-9-107, the Training Coordinator will provide input to the Arkansas Commission on Law Enforcement Standards and Training (CLEST) regarding the academies' curriculum. d. As prescribed in Arkansas Statute 12-9-107, the expenses of attending the basic training at state academies shall be furnished by the state. The department will be responsible for the sworn employees' ems' salary and travel expenses related to attending the state academy. e. Newly hired offleer-s sworn employees are considered full-time employees of the City of Fayetteville and shall retain all the benefits thereof. 33.1 Training Page 3 of 7 2. Newly hired e€fieer-s sworn employees will participate in a departmental orientation period overseen by the Training Coordinator in addition to academy requirements to include: [CALEA 33.2.4] a. An overview of the operations of the Fayetteville Police Department, an introduction to the local criminal justice system, defensive tactics and an introduction to firearm safety and proficiency. b. A portion of the orientation will be dedicated to the study of the Fayetteville Police Department's Policies, Procedures and Rules with special emphasis to the policies concerning Use of Force, Pursuit Driving, Office of Professional Standards, Harassment in the Workplace and Racial Profiling Prohibited. C. Training Implementation 1. Personnel assigned to the training function as instructors must be certified by the State of Arkansas and must receive training to include: [CALEA 33.3.1 a.-e.] a. Lesson plan development b, Performance objective development C. Instructional techniques d. Testing and evaluation techniques e. Resource availability and use. 2. All effleefs sworn employees of the Fayetteville Police Department will complete or have completed a basic law enforcement training academy program prior to assignment in any capacity in which the offer sworn employee is allowed to carry a weapon or is in a position to make an arrest [CALEA 33.4.1 ]. 3. In addition to completion of a basic law enforcement training academy program, newly sworn effieer-s employees will also be required to complete a Field Training Officer (FTO) Program: a. Sworn employees will receive an orientation handbook prior to the academy explaining the academy's rules, regulations, rating and testing system, physical fitness, proficiency skill requirements, and daily training schedules. [CALEA 33.4.2 c.] b. The FTO program curriculum is an ever -changing curriculum based on tasks of the most frequent assignment -associated duties of the sworn employees effieer-s [CALEA 33.4.2 a.]. C. The Training Coordinator operates the FTO program and provides supervision of the sworn employees offieer-s in training and the Field Training Officers [CALEA 33.4.3 c.]. d. Each sworn employee ef€ie must meet achievement standards in the FTO program that are documented in the FTO manual and measure competency in required skills, knowledge and abilities [CALEA 33.4.2 b.]. e. In addition to academy training, sworn employees ef€eer-S of the department must successfully complete a formal FTO program lasting a minimum of 33.1 Training Page 4 of 7 eighteen weeks. Sworn employees Offieers with prior law enforcement experience may complete the FTO program in a minimum of twelve weeks, as determined by their level of competency and approved by the Chief of Police [CALEA 33.4.3 a.]. f. While in the FTO program, sworn employees effieer-s will be scheduled in a rotation of shift assignments in order to provide them with various job experiences [CALEA 33.4.3 f.]. 4. Selection criteria and duties of Field Training Officers of the Fayetteville Police Department: a. Candidates for Field Training Officer must have a minimum experience level of three years with the Fayetteville Police Department [CALEA 33.4.3 b.]. b. Field Training Officer candidates are selected based on leadership qualities demonstrated in the field and must satisfactorily complete a thirty-two hour course in Field Training and become certified by CLEST. Once field training officers have completed this mandatory course in Field Training, they shall be provided periodic in-service training by the Training Coordinator. These in- service trainings may be provided during FTO meetings, in briefings, and/or through remote forms of media training [CALEA 33.4.3 b., e.]. C. Supervisors are encouraged to submit recommendations for future Field Training Officers to the Training Coordinator [CALEA 33.4.3 b.]. d. Sworn employees Offieers who desire assignment to the Field Officer Training Program as FTOs must complete a Shift Change/Assignment Request Form and submit it to the Patrol Captain. This should include a statement documenting reasons the sworn employee offieer should be considered. A written recommendation from the sworn employee's immediate supervisor must be attached [CALEA 33.4.3 b.]. e. Only sworn employees effieer-s recommended as a Field Training Officer will be considered. Submitted requests will be maintained on file for six months. Qualified sworn employees offieer-s will be considered for available FTO positions. Selection will be based on a combination of years of service, supervisor recommendation, and review of performance evaluations. The Training Coordinator will make FTO recommendations through the chain of command. The Chief of Police will ultimately determine assignments to the FTO program [CALEA 33.4.3 N. f. Field Training Officers will utilize the automated observation reports and training evaluation software program for the evaluation of recruits and follow the direction of the Training Coordinator when training aurreffiee= a sworn employee [CALEA 33.4.3 g.]. g. Field Training Officers are responsible for documentation of the sworn employee's e€fieer-'s progress and deficiencies and will work with other Field Training Officers in formal reporting to the Training Coordinator. Reporting responsibilities of Field Training Officers will be formally processed utilizing the training evaluation software [CALEA 33.4.3 M. 5. Sworn employees of the Fayetteville Police Department will be required to attend 24- hours of CLEST approved in-service training annually. 33.1 Training Page 5 of 7 6. Offieers Sworn employees of the Fayetteville Police Department will be required to complete annual retrainin in-service training consistent with the positions held and functions performed through the following: [CALEA 33.5.1] a. Annual retFainin in-service training mandated by the State of Arkansas as coordinated through the training division. b, Departmental policy updates provided by Administration and through each employee's supervisor. C. Legal updates on changes with emphasis on those changes that most affect law enforcement operations. 7. Shift Briefings have been a valuable and steady tool for the department to supplement the training function on a formal and informal basis: [CALEA 33.5.2] a. The Training Coordinator will be responsible for the supervision of all materials developed, produced and distributed during formal shift briefing training sessions. b. All lesson plans for formal shift briefing training sessions must be implemented and scheduled through the Training Coordinator. C. The Training Coordinator will maintain a record and copy of all formal shift briefing training session materials and lesson plans. d. Any person or division providing formal shift briefing training sessions will be required to document attendees and, in turn, provide such documentation to the Training Coordinator and CLEST. e. Informal shift briefings training sessions may be utilized as a means to offer refresher training. These sessions do not require the documentation described above and may be authorized as a shift supervisor deems necessary. 8. When applicable, the departments' Accreditation Manager(s) will ensure agency personnel shall receive information regarding the accreditation process: [CALEA 33.5.3] a. To all newly hired personnel within thirty days after beginning employment or within thirty days after completing the training academy [CALEA 33.5.3 a.]. b. To all agency personnel during the self -assessment phase associated with achieving initial accreditation [CALEA 33.5.3 b.]. C. To all agency personnel prior to an on -site assessment [CALEA 33.5.3 e.]. d. These requirements may be achieved through the process of the Training Coordinator, the FTO Program, classroom instruction and orientation, via e- mail or memorandum. e. Agency employees assigned to the position of Accreditation Manager shall receive formal training within one year of being appointed [CALEA 33.5.4]. f. The Accreditation Manager shall be responsible for providing appropriate training to other agency personnel assigned to the accreditation process [CALEA 33.5.4]. 33.1 Training Page 6 of 7 9. Offieers Sworn employees of the Fayetteville Police Department must meet specialized training requirement by position: [CALEA 33.6.1 ] a. Non -ranking effiee sworn employees assigned to specialized divisions other than patrol will be provided on-the-job training as overseen by that division's supervisor. In addition, training courses for this level of personnel will be identified by the supervisor and coordinated through the Training Coordinator. b. Offieers Sworn employees assigned to the motorcycle and bicycle patrol must successfully complete departmentally approved training prior to assignment in either capacity. C. Offieers Sworn employees assigned to the department's Emergency Response Team (ERT) must meet the specified requirements and training as outlined in Fayetteville Police Department Policy 46.2.1 [CALEA 33.6.2]. d. O f eers Sworn employees assigned to the department's Crisis Negotiation Team will train periodically and will be overseen by the team's respective supervisor. 10. Civilian employees of the Fayetteville Police Department must meet the following requirements related to training: a. Civilian employees must receive information regarding the agency's role, purpose, goals, policies and procedures [CALEA 33.7.1 a.]. b. Civilian employees will receive information pertaining to working conditions, regulations, responsibilities and rights of employees [CALEA 33.7.1 b., c.]. C. Civilian employees assigned to the Communications Division must successfully complete a comprehensive training program including lesson plans, examinations and exercises as well as attend ongoing monthly in- service training and seminars [CALEA 33.7.2]. d. Civilian employees assigned to the Records Division will be provided in- service training to include the issuance of a task specific training manual [CALEA 33.7.2]. 11. The Career Development function of the Fayetteville Police Department shall be a central part of training and implemented using the following guidelines: a. All newly promoted personnel will receive job related training commensurate with their new duties either prior to promotion or within the first year following promotion [CALEA 33.8.2]. b. The department's career development program will further be strengthened and enhanced by training and educational opportunities through the City of Fayetteville Professional Development Leave [CALEA 33.8.3]. 33.1 Training Page 7 of 7 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date: SOject: 41.3.5 Grooming & Uniform Requirements Reference: Version: 7 CALEA: 1.3-9-a., b 4.3.1 a, b.; 22.2.5; 41.3.4, 41.3.5, 41.3.6 No. Pages: 8 I. PURPOSE The individual officer and the department are often judged by the public depending upon the personal appearance of the uniformed officers in particular and all employees in general. Maintaining a professional appearance is critically important to fostering public trust and confidence in law enforcement. The purpose of this policy is to provide grooming and uniform standard guidelines for employees of this department, which will reflect a high standard of professionalism to the public. II. POLICY Members of the Fayetteville Police Department shall be neat and clean at all times while on duty. This policy shall apply to all personnel while representing the department in any manner. All swom personnel shall comply with the following grooming and uniform standards that apply te—swempersennel, unless excluded by the Police Chief due to special assignments. No member of the department shall wear his or her uniform or any part of his or her uniform while he or she is on medical light duty, administrative leave or under suspension. For current uniform specifications refer to the Uniform Specifications with Photographs and the Quartermaster's Authorized Uniform and Equipment Lists maintained on the computer network. III. PROCEDURES FOR SWORN PERSONNEL All sworn personnel of the Fayetteville Police Department are subject to uniform inspections on a daily basis by any supervisor. Uniformed personnel are to keep their uniform neat, clean and free from defects. All authorized uniform items referred to in this policy are supplied and issued under the Fayetteville Police Department Quartermaster system, except for the Extreme Cold Weather Cap [CALEA 22.2.5, and CALEA 41.3.4]. If specified as a department replacement, defective items shall be replaced through the quartermaster system. Non -uniformed personnel are subject to the same standards and inspections as uniformed personnel. Sworn employees Offiser-s replacing items through the quartermaster system must submit a "Uniform and Equipment Replacement Form" signed by th& a supervisor at the rank of lieutenant or higher supeMso . Failure to maintain appearance standards will be noted on your annual evaluation. Repeated failure to maintain proper appearance standards could lead to disciplinary action. 41.3.5 Grooming & Uniform Requirements Page 1 of 9 IV. GROOMING FOR SWORN PERSONNEL A. Hair: The Chief of Police retains the right to approve or disapprove of any hairstyle, which may cause an unfavorable reflection(s) upon the department. 1. Male - Hair shall be neat, clean, trimmed, and shall present a groomed appearance. Hair will not cover any part of the ears or the collar except the closely cut hair on the back of the neck. Hair in front will be groomed so that it does not fall below the band of properly worn headgear. In no case will the bulk or length of the hair interfere with the proper wear of any authorized headgear. 2. Female — While wearing a uniform, hair shall be worn in a fashion not to create the risk of injury to them. Hair must not hang loose on or below the collar and must be able to wear authorized headgear properly. B. Sideburns: If a member chooses to wear sideburns, they will be neatly trimmed and tapered in the same manner as his haircut. Sideburns will not extend below the lowest part of the ear, will be of even width (not flared), and will end with a clean- shaven horizontal line. C. Mustaches: A short and neatly trimmed mustache may be worn but shall not extend over the top of the upper lip or beyond the corners of the mouth and shall not protrude more than one-half inch from the skin surface of the face. D. Beards and Goatees: The face will be clean-shaven other than the wearing of the acceptable mustache or sideburns. Beards and goatees are prohibited. Only the Chief of Police may approve the wearing of beards or goatees. 1. An exception will be given when an a sworn employee is training and/or exercising, and the sworn employee offie is not wearing the department badge, gun, insignias, uniform or other items, which make him/her readily identifiable as a police officer. E. Wigs: Wigs or hairpieces will not be worn on duty except for cosmetic reasons to cover natural baldness or physical disfiguration. If a wig or hairpiece is worn, it will conform to department grooming standards. F. Jewelry: 1. Male — While wearing a uniform, effieefs sworn employees may wear watches and wedding bands. Medical alert bracelets may be worn with the approval of the Chief of Police. At no time while on duty will effleefs sworn employees be permitted to wear earrings or other ornaments attached to body. 2. Female — While wearing a uniform, ef€eer-s sworn employees may wear watches, wedding bands and post earrings which do not protrude from the ear lobe more than 1 /4 inch. If the earrings are worn, the sworn employee will wear one earring in each ear lobe. 41.3.5 Grooming & Uniform Requirements Page 2 of 9 ry �MYFIl�II lilM1�IWNNi.NXNW7IM'N e. When aoerioa operationally ,a essaFy, „f„a, .„rao..,,.,a. oits ,., display tattoos or- brands with die-appr-oval of the Chief of Peliee. H. Tattoos, brands and intentional scarring: a. Tattoos, brands and intentional scarring on the neck, head, and below the wrist are prohibited. b. Sworn employees in uniform and non -uniform assignments are prohibited from displaying tattoos, brands and intentional scarring on their legs or any other part of the body other than their arms. (1) An exception will be given when a sworn employee is training and/or exercising, and the sworn employee is not wearing the department badge, gun, insignias, uniform or other items, which make him/her readily identifiable as a police officer. c. Sworn employees in uniform and non -uniform assignments can display authorized tattoos, brands and intentional scarring on their arms, above the wrist and below the shirt sleeve, while on -duty or while representing the department in any other manner. d. Any sworn employee in a uniform or non -uniform assignment that has a tattoo on their arm that is not approved to be displayed shall have the following options: (1) Wear the standard uniform with a long-sleeved shirt or appropriate clothing (2) Cover the tattoo, brand, or intentional scarring with a skin -tone, blue or black patch. A skin -tone, blue or black patch shall not be an option to cover a tattoo, brand, or intentional scarring on the officer's leg(s), (3) Have the tattoo, brand or intentional scarring removed at the officer's expense. e. Sworn employees must submit a Fayetteville Police Department Tattoo Disclosure Form, a Tattoo Approval Request Form, and photographs or renderings of the tattoo(s) to their lieutenant. The lieutenant will forward the forms along with their recommendation, through the chain of command, and the 41.3.5 Grooming & Uniform Requirements Page 3 of 9 Chief of Police or his/her designee will have the final authority on any decision regarding the appropriateness of any tattoos, brands, and intentional scarring. f. Approved tattoos, brands and intentional scarring cannot be considered lewd, crude, racist, sexist, violent, display unacceptable attitudes towards men, women minority groups or any other section of the community; or alignment with any particular group which could give offense to members of the community. I. Body Piercing: Body piercing of the face, head, and mouth not only detracts from a professional appearance, but also poses a serious risk and potential for injury in a confrontational situation and shall not be worn by any officer of the department when representing the department. 1. With the exception of pierced ears, body piercing of the face, head, and mouth detracts from a professional appearance and is not authorized for wear by any personnel when representing the department. 2. Any body piercing, which is not concealed by the authorized uniform or plainclothes, is prohibited for wear by any personnel when representing the department. 3. When deemed operationally necessary, officers in undercover assignments may display body piercing with the approval of the Chief of Police. J. Dental Ornamentation: Offieer-s Sworn employees shall not have dental ornamentation. The use of gold, platinum, silver or other veneer caps for the purposes of ornamentation is prohibited. Teeth whether natural, capped or veneered shall not be ornamented with designs, jewels, initials, etc. V. UNIFORMS FORSWORN PERSONNEL Offieer-s Sworn employees will be required to wear a uniform as authorized by the Chief of Police. Uniform specifications will be listed in the Quartermaster's Authorized Uniform and Equipment Lists and will be pictured in the Uniform Specifications with Photographs maintained on the computer network. Class "A" uniforms will be the department issued dark navy color long sleeve shirt and pants without cargo pockets. Class "A" uniforms will be worn with department issued badge, name tag, collar brass, whistle chain, two pens/pencils, tie, leather gear, duty boots or shoes and duty hat when directed by the Chief of Police. The whistle chain will be attached to the right shoulder epaulet button with the whistle (optional) stored inside the right shirt pocket. Class "A" uniforms are authorized for day to day patrol activities and special occasions such as ceremonies, funeral, special events or any other event authorized by the Chief of Police. Class `B" uniforms will be the department issued dark navy color long, or short, sleeve shirt and pants with, or without, cargo pockets. Class `B" uniforms will be worn with department issued badge, name tag, collar brass (if applicable), whistle chain (optional), two pens/pencils, leather or web -gear duty belt, duty boots or shoes and duty hat or stocking cap (optional). Collar brass will be worn with the Class `B" uniform short sleeve shirt. Collar brass is not worn on the Class `B" uniform long sleeve shirt for the rank of sergeant, or corporal, . The rank of officer, lieutenant, captain, 41.3.5 Grooming & Uniform Requirements Page 4 of 9 deputy chief and chief of police and above will wear collar brass on the Class `B" uniform long sleeve shirt. A black crew neck type t-shirt will be worn underneath all short sleeve uniforms. A black crew neck t-shirt or mock neck type shirt will be worn underneath all long sleeve uniforms. Class "B" uniforms are authorized for day to day patrol activities or any other event authorized by the Chief of Police. Class "C" uniforms will be the department issued navy color BDU pant and approved Fayetteville Police Department shirt. Class "C" uniforms will be worn with department issued web gear, duty boots and baseball cap (optional). Class "C" uniforms are authorized for man hunts, K-9 call -outs, training involving physical activity or during any other event authorized by the Chief of Police. The Chief of Police will authorize special uniforms as necessary (i.e. Administrative Personnel, Emergency Response Team, Honor Guard, etc.). A. Duty Belt: Sworn employees Offieers will be issued a leather and web -gear duty belt with matching accessories. Items to be worn on the duty belt consist of holster with gun, double —magazine pouch with magazines, flashlight and flashlight holder, portable radio holder with radio, handcuff case with handcuffs, keepers, pepper spray holder with pepper spray, the CEW and holster. The department supplied baton holder and baton is optional. No sunglasses, keys, knives, or any other items will be worn on the belt unless approved by the Chief of Police. If authorized to wear the uniform on a "second" job, the complete prescribed uniform for the time of year will be worn. B. Authorized Hat: 1. Duty Hat: To be worn with the Class "A" uniform. Refer to the Quartermaster's Authorized Uniform and Equipment Lists. 2. Baseball Cap: The baseball cap may be worn with the Class "C" uniform, at the firing range, manhunts or when otherwise authorized by the Chief of Police. Refer to the Quartermaster's Authorized Uniform and Equipment Lists. 3. Stocking Cap: To be worn in cold weather. Refer to the Quartermaster's Authorized Uniform and Equipment Lists. 4. Extreme Cold Weather Cap: This item is optional, and it is not furnished by the department. This cap may be worn during extreme cold weather. Refer to the Quartermaster's Authorized Uniform and Equipment Lists. 5. Hat Badge: To be worn with the Duty Hat. Refer to the Quartermaster's Authorized Uniform and Equipment Lists. C. Patches: The Fayetteville Police Department patch, as designed by the department, will be worn on the left and right shoulder of all shirts one inch from the shoulder seam and centered on the sleeve. Patches on coats will be one inch from the shoulder seam and centered. No other patch, insignia, or pin will be allowed except those authorized by the Chief of Police. D. Collar Emblems: The rank insignia shall be worn on both collars of Class "A". Rank Insignia will be worn on both collars of the Class `B" uniform short sleeve shirt. Rank Insignia is not worn on the Class `B" uniform long sleeve shirt for the rank of 41.3.5 Grooming & Uniform Requirements Page 5 of 9 sergeant, corporal, or patr-elman. The rank of officer, lieutenant, captain, deputy chief and chief of police and above will wear rank insignia on the Class `B" uniform long sleeve shirt. The insignia for the rank of lieutenants and above will be worn on shirt collars parallel to the shoulder. The insignia for the rank of sergeant and below will be worn with the centerline of the insignia bisecting the points of the collar. All non - ranking officers shall wear the F.P.D. emblem on the Class "A" and Class `B" uniforms in a horizontal, centered position between the tip of the collar and the neck opening. Refer to the Uniform Specifications with Photographs. E. Name Plate: The nameplate will be furnished by the quartermaster. It will be worn over the right pocket approximately .25 inches above the pocket flap and centered with the button. The nameplate will be worn at all times while in uniform unless otherwise authorized. See illustrations in the Uniform Specifications with Photographs. F. Pen and Pencil: To coincide with other metal parts of the uniform, all officers will carry pens or pencils, of which that part is exposed, will be predominately gold in color. No more than two pens or pencils will be exposed in the left pocket at one time. The pens will have black ink and the pencil can wi44 be carried due to the inability of a pen to write on a damp or wet piece of paper. G. Tie: The tie will be worn with the Class "A" uniform. When ties are in use, they will be worn on the outside of the shirt, not tucked in. Refer to the Uniform Specifications with Photographs. H. Shirts and Trousers: Refer to Uniform Specifications with Photographs and the Quartermaster's Authorized Uniform and Equipment Lists. I. T-Shirts: A black crew neck type t-shirt will be worn underneath the short sleeve Class `B" uniform. A black mock neck type or crew neck t-shirt will be worn underneath the long sleeve Class "B" uniform. The F.P.D. long, or short sleeve t- shirt will be worn with the Class "C" uniform. Refer to the Quartermaster's Authorized Uniform and Equipment Lists. J. Coat/sweater: Refer to Quartermaster's Authorized Uniform and Equipment Lists. K. Raingear: Refer to the Quartermaster's Authorized Uniform and Equipment Lists. L. Footwear: The Chief of Police has authorized footwear for patrol. Refer to the Quartermaster's Authorized Uniform and Equipment Lists. 1. Authorized footwear will be kept clean and shined at all times while on duty. Black or dark Blue socks are the required uniform item. Footwear for specialized units such as Bike Patrol, E.R.T., and K-9 officers must be approved by the Chief of Police and will not be worn during normal patrol duties. Refer to the Quartermaster's Authorized Uniform and Equipment Lists. M. Bullet Resistant Vests: The department will issue a bullet resistant vest to each sworn employee offieer of the department. When in uniform, sworn employees 41.3.5 Grooming & Uniform Requirements Page 6 of 9 effieer-s shall wear a bullet resistant vest at all times unless specifically exempted by the Chief of Police. Officers Sworn employees in plain clothes are not required to wear the vest; however, all sworn employees members are required to maintain their issued vests and are encouraged to have them available should an incident arise which the effie may place them be at risk. The vest will be supplied by the department and replaced as necessary [CALEA 41.3.5]. Sworn employees Off eers involved in high -risk tactical details shall also be required to wear a bullet resistant vest [CALEA 41.3.6]. N. Weapons and Ammunition: The Chief of Police will designate the ammunition and weapons carried. No other ammunition or weapon will be carried except when approved by a supervisor for special circumstances and ONLY for that particular situation [CALEA 1-.3-.9 4.3.1 a. and b.]. VI. DEPARTMENT -ISSUED WEAPONS AND AMMUNITON: A. While on duty, sworn employees unifefmed o ffieers will carry the department -issued weapons. All department -issued weapons and ammunition shall be listed on the department's Approved Weapons and Ammunition List. B. Detectives will carry only the department -issued weapons while on duty. Personal weapons must have the written approval of the Chief of Police prior to being carried as a duty weapon or as a supplemental duty weapon. C. Ammunition will be department -issued as approved by the Chief of Police. Authorized ammunition utilized by this department will be governed by the department's Approved Weapons and Ammunition List as maintained by the Administrative Lieutenant. A copy of this list will be maintained on the computer network [CALEA 4-.3-9 4.3.1b.]. D. Sworn employees T nifenne o ffieers and deteetives- of this department will carry only department -issued shotguns and rifles. VII. DRESS CODE FOR NON -SWORN A. Dress Code and Appearance: The Fayetteville Police Department endorses a professional, comfortable work environment for non -sworn employees. All non - sworn employees should dress in job appropriate attire which supports this goal for our workplace. The following will govern attire for non -sworn employees. 1. Non -sworn employees will be allowed to wear: b. Pants, slacks, and capri pants. c. Dresses and skirts with length no shorter than three inches above the knee. d. Tank and spaghetti tops only when worn with a sleeved shirt. Dressy, button up, and sleeveless tops are permissible. e. Leggings or form fitting pants or capris are permissible when worn with a dress, skirt, or tunic top that is long enough to cover the mid -thigh. f. Jeans during the following circumstances: (1) While working as Dispatch personnel during a scheduled shift. (2) Other Civilian personnel not working during regular business hours which translate as outside of 7:00 a.m. to 5:00 p.m. 41.3.5 Grooming & Uniform Requirements Page 7 of 9 (3) Supervisors may also allow civilian personnel working 7:00 a.m. to 5:00 p.m. permission to wear jeans. Examples of this are a Friday jean day, and during other duties assigned such as cleaning, evidence room assistance, or during periods of inclement weather. 2. Employees should use common sense regarding attire and refrain from wearing unlaundered, sloppy, or overly provocative clothing to work. 3. Specifically prohibited clothing shall include: a. Clothing that exposes the midriff, back, or that has a low-cut neckline. b. Spaghetti strap tops, tank tops not simultaneously worn with a sleeved shirt, tube tops, halter -tops, or netted shirts. c. Clothing exposing undergarments. d. Clothing that is torn, frayed, or that has holes. e. Attire or accessories that display suggestive language, derogatory comments, or slogans. f. Clothing that is inappropriately revealing. g. Short pants. h. Sleepwear including pajama pants. i. Sweat pants. j. Leggings that are not worn underneath a dress, skirt, or tunic that are long enough to cover mid -thigh. k. Yoga, athletic, or work-out type pants. 1. Flip Flops (Any type of sandal that fits between your toes and only has "one" strap holding it on your feet, whether dress or casual) 4. Tattoos, brands and intentional scarring: a. Non -sworn employees of the Fayetteville Police Department shall not display tattoos, brands, and intentional scarring on their neck or head during their work hours. If a non -sworn employee has tattoos, brands, or intentional scarring on their neck or head, it must be covered by hair, skin -tone, black or blue patch or by other discreet methods. b. Non -sworn employees can display authorized tattoos on their body in places other than their neck or head. Non -sworn employees must submit a Fayetteville Police Department Tattoo Disclosure Form, a Tattoo Approval Form, and photographs or renderings of the tattoo, brand, or intentional scarring to their assistant division manager or division manager if there is no assistant manager in the division. The assistant manager or division manager will forward the forms, along with their recommendation, through the chain of command, and the Chief of Police or his/her designee will have the final authority on any decision regarding the appropriateness of any tattoos, brands, and intentional scarring. c. Approved tattoos cannot be considered lewd, crude, racist, sexist, violent, display unacceptable attitudes towards men, women, minority groups or any other sections of the community; or alignment with a particular group which could give offense to members of the community. B. Violation of Dress Code The non -sworn employee's immediate supervisor will have the authority to determine if an employee's attire violates this policy. Any non -sworn employee who is found in violation of the dress code will be sent home to change. Time 41.3.5 Grooming & Uniform Requirements Page 8 of 9 away from work to change clothes will be charged to accrued leave banks or leave without pay. Disciplinary action will be taken in accordance with the city and department's policies. 2. Clothing worn by all non -sworn personnel should be clean and well -kept. Likewise, personnel should maintain an average or higher degree of personal cleanliness. 41.3.5 Grooming & Uniform Requirements Page 9 of 9 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date: Subject: 46.1.2 Critical Incidents Reference: Version: 2 CALEA: 46 46.1.2, 46.1.1, 46.1.3, 46.1.4, 46.1.5, 46.1.6, 46.1.7, No. Pages: 6 46.1.9.46.2.1 NT. 46.2.6 NT. 46.2.7.46.3.1 NT. 46.3.2 I. PURPOSE The Fayetteville Police Department must have guidelines for response to critical incidents. Critical incidents are situations, sometimes of an emergency nature, that result from disasters, both natural and man-made, and civil disturbances. Critical incidents also include special events requiring Fayetteville Police Department personnel assignments. The Fayetteville Police Department will follow the standard Incident Command System (ICS) protocols within the structure of the National Incident Management System (NIMS) [CALEA 46.1.2]. Not every incident will require the activation of the entire ICS protocol. II. DEFINITIONS A. Continuity of operations plan (COOP) and Continuity of Government Plan (COG) are efforts to assure that the capability exists to continue essential agency functions throughout any potential emergency. The primary objectives of these plan are to ensure the continuous performance of a department or agency's essential functions/operations during an emergency, protect essential facilities/equipment/vital records/and other assets, reduce or mitigate disruptions to operation, assess and minimize damage and losses, facilitate decision -making during an emergency, achieve a timely and orderly recovery from an emergency, and resumption of full service to the community. III. POLICY A. Critical Incidents 1. The Patrol Captain is responsible for coordinating the planning functions for response to an unusual occurrence. The first officers to arrive on the scene will be responsible for the initial response, assessment, and required notifications [CALEA 46.1.1]. 2. The Chief of Police or his designee will appoint personnel to fill the command function when it is necessary to utilize the ICS. The command function will address the following at a minimum: [CALEA 46.1.3] 46.1.2 Critical Incidents Page 1 of 6 a. Activating the incident command system; b. Establishing a command post; c. Initiating the notification and mobilization of additional agency personnel; d. Obtaining support from other agencies; e. Establishing a unified command; f. Establishing a staging area, if necessary; g. Providing public information and maintaining media relations; h. Maintaining the safety of all affected personnel; and i. Preparing an after action report. 3. The Chief of Police or his designee will appoint personnel to fill the operations function when it is necessary to utilize the ICS. The operations function will be responsible for coordinating the following: [CALEA 46.1.4] a. Establishing perimeters; b. Conducting evacuations; c. Maintaining command post and scene security; d. Providing for detainee transportation, processing, and confinement; e. Directing and controlling traffic; and f. Conducting post -incident investigation. 4. The Chief of Police or his designee will appoint personnel to fill the planning function when it is necessary to utilize the ICS. The planning function will address the following at a minimum: [CALEA 46.1.5] a. Preparing a documented incident action plan; b. Gathering and disseminating information and intelligence; and c. Participating in a COOP / COG; and d. Planning post -incident demobilization. 5. The Chief of Police or his designee will appoint personnel to the logistics function when it is necessary to utilize the ICS. The logistics function will be responsible for coordinating the needs of the following: [CALEA 46.1.6] a. Communications; b. Transportation; c. Medical support; d. Supplies; and e. Specialized team and equipment. 6. The Chief of Police or his designee finance/administration function when it finance/administration function will addres a. Recording personnel time; b. Procuring additional resources; s c. Recording expenses; and d. Documenting injuries and liability issues; and e. Preparing appropriate reimbursement documents if applicable. 7. All sworn personnel will receive training in Critical Incident Response. The Training Division will establish and schedule annual refresher training for all sworn officers and affected non -sworn personnel in emergency procedures that will specifically target the understanding and practical application of the Incident Command System and the department's role in the Emergency Plan for the City of Fayetteville. The department will strive to conduct or participate in one training exercise per year. Personnel will be assigned to participate in the exercise, while maintaining patrol and investigative staffing. Participation will be documented [CALEA 46.1.9 a., b.]. B. Special Operations 1. Sworn personnel will usually be the first to encounter a situation involving a critical incident and will initiate procedures in an attempt to resolve the situation by implementing the following measures: [CALEA 46.2.1 NT] a. Dispatch enough personnel to the scene to effectively contain and isolate the situation; b. Attempt to prevent escalation of the situation; c. Take any action deemed necessary to preserve life; d. Should the on -scene incident commander determine that an event requires specialized units to supplement patrol functions, the scene will be secured and an appropriate perimeter established. The Communications Division will contact the requested specialized units for response [CALEA 46.2.1 a., b. NT]. e. The on -scene incident commander will coordinate the various specialized units with other personnel. Cooperation is an expectation for all involved personnel and providing for the safety of officers is a paramount goal [CALEA 46.2.1 d., e. NT] . 2. Deployment of specialized units CALEA 46.2.1 c. NT]: a. Emergency Response Team (ERT) — deployed upon authorization of a captain or higher ranking officer; refer to policy [46.2. 1 ]. b. Crisis Negotiation Team (CNT) — deployed upon authorization of a captain or higher ranking officer c. Criminal Investigation Division (CID)— deployed upon the request of supervisory personnel d. Tactical Dispatch Team — deployed upon authorization of a captain or higher ranking officer e. Bomb Squad — supervisory personnel may request assistance from an authorized bomb squad f. Public Information Officer- deployed upon the request of supervisory personnel g. K9 Division- deployed upon the request of supervisory personnel h. Any other unit- deployed upon the request of supervisory personnel 46.1.2 Critical Incidents Page 3 of 6 3. All VIP security requests will be made to the department's special events supervisor who will coordinate the security detail and all employees assigned. A VIP is defined as a very important person, dignitary, famous personality, notorious person, or any other person in need of special security. The following guidelines in VIP security detail will be addressed: [CALEA 46.2.6] a. The special events supervisor will have access to all department equipment and vehicles for the purposes of VIP security. b. Travel routes and alternate routes will be planned in consideration to safety and time. Potential problems will be specifically detailed. c. An inspection of the area for the security detail will be conducted prior to the arrival of VIP when necessary. Gathering intelligence will be a key component during inspections. d. The special events supervisor will ensure coordination with other city departments and outside agencies. e. Emergency first aid, ambulance services, and medical facilities will be identified in planning meetings that take place prior to VIP security details. These entities will be given advanced notice and may be used as part of planning the detail. f. The special events supervisor will assign a radio channel for the department's communication radio system that will preclude interference from normal operations. g. Personnel assigned to VIP security detail may have specific identification designations such as lapel pins or armbands. The chosen designations should facilitate identification of authorized security personnel. 4. The Fayetteville Police Department will ensure that at least one supervisor is assigned to special events, and that supervisor will be responsible for event planning and coordinating. Fayetteville Police Department supervisors will adhere to the following special events guidelines: [CALEA 46.2.7] a. Under the direction of the special events supervisor, estimates for traffic, parking, crowd -control, and criminal problems will be assessed for special events. This supervisor or delegate will meet or confer with representatives of participating organizations, planning committees, and other departments to coordinate plans and exchange information as necessary. b. The department will establish contingency plans for traffic direction and control prior to major special events. c. Personnel assigned to any division within the department may be used to ensure this department meets and performs its obligations and duties at any event. The special events supervisor will ensure that appropriate relief of assigned personnel occurs with the assistance of other supervisory levels of the event and supervisors working in normal operations. d. Logistical requirements will be addressed to ensure the safety of those in attendance. Requirements that must be considered are fixed post assignments, roving post assignments, barricades and their positioning, traffic direction and control, and emergency personnel and vehicle access. When necessary, the 46.1.2 Critical Incidents Page 4 of 6 special events supervisor will coordinate with the ERT supervisor for required tactical and special needs. e. The special events supervisor shall ensure coordination occurs in respect to Fayetteville Police Department personnel and outside agencies. f. The special events supervisor will coordinate with the department's PIO to address the news media. 5. The supervisor assigned to the critical incident and/or special event will ensure that an after -action report is completed using an after -action report template. An after -action report template will be readily accessible to all sworn personnel. Completed after -action reports will be filed on the agency's computer network with the event title as a reference [CALEA 46.1.3 hi.]. C. Homeland Security 1. The Fayetteville Police Department maintains liaison with other organizations for the exchange of information relating to terrorism: [G n T E n 46.344 a. Information gathered through hotlines such as Crime Stoppers, emergency (911), or non -emergency telephone lines shall be evaluated and forwarded to the Criminal Investigation Division and if necessary, to the Patrol Division and appropriate state, federal, or private agencies. It is the policy of Fayetteville Police Department that each officer take part in gathering and reporting information related to terrorism: a. Any officer receiving information concerning possible terrorism activities will immediately notify the supervisor on duty and complete a written report. b. The supervisor will determine the validity of the information and the appropriate response from the department, which may include notification of the patrol captain, CID, other local law enforcement agencies, or the appropriate state, federal, or private agencies. 3. The Fayetteville Police Department will provide terrorism awareness information within its service area: [CALEA 46.3.31 ] a. Information pertinent to Fayetteville and the surrounding area shall be disseminated throughout the various task forces, boards, departments, and community awareness methods whenever information is found to be credible. b. The information shall be shared with persons and/or organizations holding proper security clearance and on a need to know basis, depending on the information gathered so as not to provoke a panic or misinformation from the information being disseminated. c. Secure information shall only be disseminated to appropriate personnel. 4. As part of training provided for all sworn personnel in critical incident response, awareness level training for events involving hazardous materials will be provided. 46.1.2 Critical Incidents Page 5 of 6 Officers should be provided with basic knowledge to recognize a hazardous situation for which they can implement basic procedures to have authorities with the required technical abilities assess the situation [CALEA 46.3.42]. 5. The Fayetteville Police Department shall make every attempt to comply with state and federal law and guidelines established by the Department of Homeland Security when responding to and reporting chemical, biological, radiological, and nuclear (CBRN) events. 6. The Fayetteville Police Department quartermaster will be responsible with continuously maintaining and storing an adequate amount of communicable disease control supplies for use by first responders. These supplies will be made available for each patrol unit and shall be part of the department's vehicle inspection process governed in FPD Policy 41.1.1 that is overseen by assigned primary and secondary supervisors. The following supplies will be issued including, but not limited to: a. Latex gloves b. Face shields c. Appropriate protective clothing d. Shoe covers e. Dust masks f. Hand sanitizer g. Container for supplies 46.1.2 Critical Incidents Page 6 of 6 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1006 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.8 ELECTRIC MOTOR CENTER: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $22,536.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM ELECTRIC MOTOR CENTER FOR THE REPAIR OF AN INFLUENT PUMP AT THE NOLAND WATER RESOURCE RECOVERY FACILITY WHEREAS, a influent pump at the Noland Water Resource Recovery Facility was recently shipped to Electric Motor Center to disassemble, inspect, and provide a quote for repair of the pump; and WHEREAS, pursuant to Ark. Code Ann. §19-11-203(14)(DD), formal competitive bidding is not necessary for the repair of "hidden or unknown damages." 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 determines that because of Ark. Code Ann. § 19-11-203(14)(DD), repair of "hidden or unknown damages," the repair of the pump does not require formal competitive bidding and, therefore, accepts the quote in the amount of $22,536.50 (plus any applicable taxes and freight charges) from Electric Motor Center for the repair of an influent pump at the Noland Water Resource Recovery Facility. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-1006 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/12/2020 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a quote from Electric Motor Center in the amount of $22,536.50 plus applicable taxes for the repair of an influent pump at the Noland Water Resource Recovery Facility. 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 $ 805,204.31 Current Balance 672,108.69 Does item have a cost? Yes Item Cost $ 24,790.15 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 647,318.54 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Taxes are estimated at $2,253.65 for a total cost of $24,790.15. Freight is included in the quoted price. CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Greg Weeks, Area Manager DATE: November 12, 2020 CITY COUNCIL MEMO SUBJECT: Electric Motor Center — Influent Pump Repair at Noland WRRF RECOMMENDATION: Staff recommends approval of a quote from Electric Motor Center in the amount of $22,536.50 plus applicable taxes for the repair of an influent pump at the Noland Water Resource Recovery Facility. BACKGROUND: The Noland Treatment Facility uses a series of nine pumps to feed influent through the treatment process. These pumps are divided into two influent pump stations comprised of Station No. 1's six dry -pit pumps and Station No. 2's three submersible pumps. In late September, Pump No. 101 at Noland Influent Pump Station No. 2 tripped out due to overvoltage on the variable frequency drive (VFD). Staff megged the motor and discovered the windings had burned out. The pump was pulled and sent to Electric Motor Center in Springdale for a hidden -damages inspection. DISCUSSION: Electric Motor Company has submitted a price proposal for the repair of Pump No. 101 for $22,536.50. Their proposal includes installing new bearings, seals, cords, and a new impellor. Freight is included in the quoted price. They will also complete all necessary machine work, as well as test and reassemble the pump. It is anticipated this repair will be deemed tax exempt under Arkansas tax code, but pending that determination from the state if taxes are imposed they are estimated to be $2,253.65 for a project total cost of $24,790.15. Because it was necessary to have the repair facility disassemble the units to determine the extent of hidden and unknown damage to equipment already purchased, a bid waiver and/or formal sealed bidding is not necessary according to Ark. Code Ann. §19-11-203(14)(DD). Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds are available in the Plants, Pumps, & Equipment account within the Water & Sewer Fund. Attachments: Quote from Electric Motor Center Electric Motor Center 804 N. Jefferson Springdale, AR 72764 Phone: (479)756-8040 Fax: (479)756-0567 Email: ravatemc(a'�amail.com Buddy/Jacobs-Nolan KSB 65 H.P. KRTK300-380/506/XG/331 10/28/2020 T.D. test machine shaft impellor fit, bearing cap and seal fit. Install new bearings, seals, o'rings, impellor. with wear ring, casing wear ring etc. Assembly and test. Cords Impellor w/ wear ring Casing wear ring Mechanical seal Bearings, seals, o'rings Machine work (14 hrs x 75) Labor (41 x 60) Freight $22,536.50 + taxes if needed 6 weeks- for impellor ARO Please advise 4 $1446.90 $9606.00 $3237.60 $2998.80 $1507.20 $1650.00 $2466.00 $230.00 Thanks, Ray. 4 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1010 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.9 BID #20-81 PALADINO PAINTING CO., LLC: A RESOLUTION TO AWARD BID #20-81 AND AUTHORIZE A CONTRACT WITH PALADINO PAINTING CO., LLC IN THE AMOUNT OF $107,575.00 FOR CONSTRUCTION RELATED TO THE REMOVAL AND REPLACEMENT OF VARIOUS SECONDARY CONTAINMENT LINER SYSTEMS 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 #20-81 and authorizes Mayor Jordan to sign a contract Paladino Painting Co., LLC in the amount of $107,575.00 for construction related to the removal and replacement of various secondary containment liner systems at the Noland Water Resource Recovery Facility. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-1010 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/12/2020 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #20-81 and approving a construction contract with Paladino Painting Co., LLC in the amount of $107,575.00 for construction related to the removal and replacement of various secondary containment liner systems at the Noland WRRF. Budget Impact: 5400.730.5800-5400.00 Water and Sewer Account Number Fund 02032.1 WWTP Building Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 3,887,656.00 Funds Obligated $ 3,558,517.44 Current Balance $ 329,138.56 Does item have a cost? Yes Item Cost $ 107,575.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 221,563.56 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: November 12, 2020 CITY COUNCIL MEMO SUBJECT: Bid #20-81, Paladino Painting Co., LLC — Construction Contract for Noland WRRF Secondary Containment Liners RECOMMENDATION: Staff recommends awarding Bid #20-81 and approving a construction contract with Paladino Painting Co., LLC in the amount of $107,575.00 for construction related to the removal and replacement of various secondary containment liner systems at the Noland WRRF. BACKGROUND: Chemical storage tanks used at the Noland WRRF must be placed in a concrete catch basin in order to contain hazardous chemicals in the event of tank failure. These concrete surfaces must be painted with thick liner systems able to withstand the outdoor elements and the harsh chemicals they must contain in the event of a spill. The secondary containment liner coatings for the bleach tank and odor scrubber chemical feed areas have deteriorated and must be removed and replaced. DISCUSSION: On October 20, 2020 the City of Fayetteville accepted sealed competitive bids for the Noland WRRF Secondary Containment Liners project. Only one bid was received. Paladino Painting Co. bid $107,575.00. BUDGET/STAFF IMPACT: Funds are available for this project in the WWTP Building Improvements account. Attachments: Certified Bid Tab, Bid #20-81 Construction Contract Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 of 0404 .FA E ..AN TEVILLE RNAMSAS BID TABULATION BID 20-81, CONSTRUCTION — SECONDARY CONTAINMENT LINER REPAIRS Paladino Painting Co., LLC 7eadline: Tuesday October 20, 2020 before 2:00 PM, local time .ertification of Funds: $100,000.00 :ertification of Funds plus 25%: $125,000.00 Total Base Bid $ 107,575.00 Line Item Item Description Unit of Measure Price Complete Scope of Work 1. Lump Sum $ 107,575.00 At av�Le ARKNS ARIfANf Af Bid 20-81, Construction ^ Secondary Containment Liner Project Overview Project Details Reference ID Bid 20-81, Construction - Secondary Containment Liner Project Name Bid 20-81, Construction - Secondary Container Liner Project Owner Les McGaugh Project Type ITB Department Purchasing Certification of $100,000.00 Funds Certification of Funds + 25% $125,000.00 Allowance The City of Fayetteville is accepting bids from properly licensed and Project Description authorized firms for the purchase and installation of a secondary containment liner for the sodium hypochlorite tank. Open Date Sep 27, 2020 12:00 AM CDT Close Date Oct 20, 2020 2:00 PM CDT Highest Scoring Supplier Paladino Painting Co., LLC Score 100 pts CIT♦ OF F"ETTEVILLE ARKANS A RKANf Af Seal status Requested Information Unsealed on Unsealed by Bid Bond Oct 20, 2020 2:03 PM CDT Adonis Bwashi List of Subcontractors Oct 20, 2020 2:03 PM CDT Adonis Bwashi Required Signature Form Oct 20, 2020 2:03 PM CDT Adonis Bwashi AR Secretary of State Filing # Oct 20, 2020 2:03 PM CDT Adonis Bwashi Arkansas Contractor's License Oct 20, 2020 2:03 PM CDT Adonis Bwashi Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or Oct 20, 2020 2:03 PM CDT Adonis Bwashi while in contract, with any public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Total Bid Price ($) Oct 20, 2020 2:03 PM CDT Adonis Bwashi A"KANS EVILLE Agl(ANSAS Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Adonis Bwashi Oct 20, 2020 2:04 PM CDT No CITY OF FAYETTEVILLE ARKAHIIASNfAt Public Notices The City has issued Addendum 1 for Bid 20-81, Construction - Secondary Containment Liner Les McGaugh, Oct 15, 2020 3:05 PM CDT Bid 20-81, Addendum 1 has been issued CITY OF FAYETTEVILLE ARKAN■Ai Submissions Supplier Paladino Painting Co., LLC Date Submitted Oct 20, 2020 11:06 AM CDT Name Terry Upchurch Email ppcestimating@yahoo.com Confirmation Code MTAzNzMy EVILLE AMKANS ANNSAS Project Criteria Criteria Total Lump Sum Bid Price Within Certified Amount Points Description 100 pts 'Total Lump Sum Bid Pass/Fail Within Certified Amount Total 100 pts FAYETTEVILLE ARKANS ANKANlA! Scoring Summary Active Submissions Total Total Lump Sum Bid Price Within Certified Amount Supplier 1100 pts / 100 pts Pass/Fail Paladino Painting Co., LLC 100 pts 100 pts ($107,575.00) Pass _C iY Op FAYETTEMLE ARKANS ARKAN/A■ Proposal Scores Paladino Painting Co., LLC - Scoring Summary Evaluation Group 1 - Main Evaluation Total Total Lump Sum Bid Price Reviewer / 100 pts 1100 pts Adonis Bwashi 100 pts $107,575.00 Average: $107,676.00 1 Calculated: 100 pts 100 pts ($107,575.00) Within Certified Amount Pass/Fail Pass Pass 1 Pass urr or FAYETTEVILLE ARKANSAS Signatures Name Signatures Les McGaugh n n Digitally signed by Les McGaugh (Project Owner) L e s 1 V l CG a u g. Date: 2020.10.20 16:10:42-05'00' Adonis Bwashi Digitally signed by Adonis Bwashi DN: cn=Adonis Bwashi, (Evaluator) '" email=abwashi@fayetteville-ar.gov, c=US Date: 2020.10.20 16:58:04-05'00' City of Fayetteville Bid 20-81, Construction - Noland Bleach Tank Secondary Containment Liner Contract — Between City and Contractor This contract executed this day of 2020, between the City of Fayetteville, Arkansas, and Paladino Painting Co., LLC (Paladino) In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Paladino at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 20-81 as stated in Paladino's bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 20-81, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Paladino based on their bid proposal in an amount not to exceed $ 107,575.00 . Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and Paladino consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 20-81 with the specifications and conditions typed thereon. B. Paladino's bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Paladino and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Paladino 5. Paladino shall not assign its duties under the terms of this agreement. 6. Paladino agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Paladino's performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Paladino shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Paladino shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount City of Fayetteville, AR Bid 20-81, Construction —Secondary Containment Liner Repairs Page 32 of 33 Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability $500,000 for each person injured. $1,000,000 for each accident. $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Paladino 8. Paladino to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Paladino with 30 days written notice. 10. This project shall be completed within 60 calendar days from issue date of Notice to Proceed. 11. Liquidated Damages: Not applicable for this project. 12. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A-C.A. 25- 19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS DAY OF CONTRACTOR NAME I Signature f Corm ny Secretary (Printed Name) Business Address 11A Wqvyk Prc v2 Y1Mrn 61� ' flR7a l l0 City, State & Zip Code Date Signed: City of Fayetteville, AR Bid 20-81, Construction —Secondary Containment Liner Repairs Page 33 of 33 2020. am CITY OF FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor ATTEST:(Signoture) Kara Paxton, City Clerk —Treasurer Date Signed: City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0943 Agenda Date: 12/1/2020 Version: 1 Status: Tabled In Control: City Council Meetinq File Type: Resolution Agenda Number: B.1 RFQ-19-01 OLSSON , INC. AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $154,900.00 FOR THE REMAINING ARCHITECTURAL SERVICES RELATED TO THE REPLACEMENT PARKING DECK FOR THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT WHEREAS, on January 21, 2020, the City Council passed Resolution 32-20 to approve a professional engineering services agreement with Olsson, Inc. for engineering services related to the replacement parking deck; and WHEREAS, on June 22, 2020, Amendment No. 1 was approved to include architectural services for the schematic design phase; and WHEREAS, Amendment No. 2 includes the balance of the architectural services for the architectural elements of the replacement parking deck and West Avenue Police Department substation including design development, survey and platting, construction drawings, bidding and negotiation, and construction administration. 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 Amendment No. 2 to the professional engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $154,900.00 for the remaining architectural services related to the replacement parking deck for the Cultural Arts Corridor Project. 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 1111912020 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2020-0943 Legistar File ID 11/17/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/28/2020 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of an amendment #2 to rfq 10-01 with Olsson Inc. for the Remaining architectural services for the replacement parking deck and the West Ave. PD Substation in the amount of $154,900.00, and approval of a budget adjustment. This is a Phase 1 bond project. 4608.860.7820-5860.02 Account Number 46080.7820 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: Budget Impact: 4608 - Arts Corridor 2019 Bonds Fund Arts Corridor - Parking Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 698,100.00 $ 661,820.00 $ 36,280.00 $ 154,900.00 $ 154,900.00 36,280.00 V20180321 2020-00000355 Previous Ordinance or Resolution # 32-20 2 2020-0000014 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 17, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond and Construction Projects DATE: 11 /28/2020 SUBJECT: Amendment #2 to RFQ 19-01 with Olsson Engineering, Inc on the Cultural Arts Corridor Replacement Parking Deck. RECOMMENDATION: Staff recommends approval of an amendment #2 to RFQ-19-01, for professional engineering services agreement with Olsson Inc. to include the Balance of the Architectural Services for the Cultural Arts Corridor Replacement Parking Deck and West Ave. Police Substation AND property surveys in the amount of $154,900. BACKGROUND: In April 2019, Fayetteville voters approved question 8 on the bond initiative for the new cultural arts corridor. The mayor and council committed that replacement parking would be included as a part of that project, and such parking would be completed prior to the commencement of the phase 2 civic plaza. Phase 1 Bonds allocated $20,016,970 for the CAC and replacement parking. In January 2020, Council passed resolution 32-20 for approval of a contract with Olsson, Inc. for Engineering Services for the replacement parking deck. In June 2020, amendment #1 was approved to include Schematic Design Architectural Services for the Architectural Elements of the Deck, and the West Avenue Police Substation. DISCUSSION: This amendment includes the Balance of the Architectural Services for the Architectural Elements of the Deck and West Avenue Police Substation including Design Development, Construction Drawings, Bidding and Negotiation, and Construction Administration. It also includes the structural Design of the Colonnade, Survey and platting. BUDGET/STAFF IMPACT: A Budget Adjustment will move funds from the Phase 1 Bond 4608.860.7999.00 Unallocated Budget to the Parking Engineering/Architectural Budget 4608.860.7820-5860.02 Attachments: Amendment #2 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AMENDMENT NO. 2 To CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CONSTRUCTION OF A NEW DOWNTOWN PARKING DECK Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON, Inc. WHEREAS, on January 21, 2020, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Olsson, Inc. of Fayetteville, Arkansas (ENGINEER) entered into an Agreement for professional engineering services in connection with the New Downtown Parking Deck (the "Project"); and WHEREAS, on June 22, 2020, the Agreement was amended to include architectural services for the Schematic Design phase; and WHEREAS, the scope of the current contract excludes architectural services for phases other than Schematic Design, and the CITY OF FAYETTEVILLE now wishes to increase the scope of work to include architectural services for Development Design and Construction Documents through a subconsultant to the ENGINEER; and WHEREAS, the CITY OF FAYETTEVILLE has requested additional structural engineering services for a colonnade and surveying services necessary to assist with agreements between the city and landowners at the project site; and WHEREAS, the current Agreement must now be amended to provide the additional scope and amount of compensation to the ENGINEER for the additional work; and NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and the ENGINEER, the parties hereto, stipulate and agree that the Contract for Professional Engineering Services dated January 21, 2020, and amended on June 22, 2020, is hereby amended in the following particulars: SECTION 4 — FEES, EXPENSES and PAYMENTS Delete the first sentence of paragraph a and replace with the following: a. The maximum not -to -exceed amount authorized for this agreement is $8816.500.00, which includes the reimbursable allocation shown below. For clarification, Amendment No. 2 increases the total project fee by $ 154,900.00, itemized as follows: • Architectural Design Development and Construction Documents $138,100 • Structural Design of Colonnade (via subconsultant Walker Consultants) $ 5,000 • Additional Surveying and Platting for Property South of Dickson $ 9,700 • Surveying Expenses (Title Searches) for 7 parcels at $300 per parcel $ 2,100 APPENDIX A — SCOPE OF SERVICES Project Information & Requirements 020-0275 Amendment No.2 Page 1 On Page 2, delete Paragraph 3.c.i. and replace with the following: Architect Services: MBL Architecture 4. Scope of Work On Page 7, Section 4.c.iii, add the following to the end of the section: The scope of work shall include architectural design of the parking deck elements required for municipal use. Elements considered to be necessary or desired for commercial or other private uses (e.g. retail spaces, connections to adjacent retail buildings, accommodation for a future 6th and 71 floor mixed -use space, etc.) will be designed under a separate agreement. ENGINEER shall have no liability under this agreement for elements designed under the separate agreement for commercial or private uses. On Page 11, Section 4.c.xi, add the following: 5. Architectural Design Development Drawings a. Olsson shall utilize MBL Architecture as a sub -consultant to provide architectural Design Development drawings. b. Based on the CITY OF FAYETTEVILLE's approval of and/or comments on the Schematic Design Documents, Design Development documents will be prepared. The Design Development documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, preliminary layouts of building systems, and outline specifications that identify major materials and systems to establish general quality levels. On Page 13, Section 4.d.ii, add the following: 7. Architectural Construction Documents a. Olsson shall utilize MBL Architecture as a sub -consultant to provide architectural Construction Document drawings. b. Based on the CITY OF FAYETTEVILLE's approval of and/or comments on the Design Development Documents, Construction Documents will be prepared. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of drawings and specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the work. On Page 15, add the following Section 4.d.xvi:: 1. Platting and Legal Descriptions for Property South of Dickson Street a. Boundary Survey: Olsson shall perform boundary surveys of the seven parcels that comprise the City of Fayetteville parking lot, located at the Southwest Corner of Dickson Street and West Avenue, sufficient for platting purposes, in accordance with Arkansas 020-0275 Amendment No.2 Page 2 Minimum Standards for Property Boundary Surveys. Survey is for platting purposes only; no deliverable will be provided. b. Platting: Olsson shall prepare an administrative subdivision of the above properties, to create the parcel to be conveyed to the Depot and the remaining parcel, including any required easements or cross access easements. Should additional parcels need to be platted, additional fees may apply. Property pins shall be set at all property corners, in accordance with Arkansas Minimum Standards for Property Boundary Surveys. c. Title Search: Unless provided to Olsson, title searches will be ordered for use in surveying and platting the properties. All other provisions of the original Agreement remain in full force and effect IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have caused this Amendment to be duly executed this day of , 2020. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: - — City Clerk OLSSON, INC. B: 4) Brad Hammond, P.E.; Office Leader B: Sterlmg Cmay6i, P.E.; Senior Vice President END OF AMENDMENT NO.2 TO CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES 020-0275 Amendment No.2 Page 3 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FACILITIES MANAGEMENT (140) 2020 Requestor: W. Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of an amendment #2 to rfq 10-01 with Olsson Inc. for the Remaining architectural services for the replacement parking deck and the West Ave. PD Substation in the amount of $154,900.00, and approval of a budget adjustment. This is a Phase 1 bond project. COUNCIL DATE: LEGISTAR FILE ID#: 11/17/2020 2020-0943 Mattheaw Maddox, 10/27/2020 7:56 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) I GLDATE: 11/17/2020 RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - _ v.20200820 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4608.860.7820-5860.02 154,900 - 46080 7820 EX Capital Prof Svcs - Engineering/Architects 4608.860.7999-5899.00 (154,900) - 46080 7999 EX Unallocated - Budget H:\Budget Adjustments\2020_Budget\City Council\1 1-17-2020\2020-0943 BA Parking Deck Architectural Services 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0901 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.1 FAYETTEVILLE YOUTH CENTER, INC.: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF $225,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH AND CITIZENS OF FAYETTEVILLE FOR 2021 WHEREAS, providing quality recreational opportunities to the youth and citizens of our community is of mutual interest to the City of Fayetteville and Fayetteville Youth Center, Inc., and; WHEREAS, Fayetteville Youth Center, Inc. and the City of Fayetteville have had a close working relationship for many years and this relationship allows for a continuity of services vital to the efficient provision of recreational opportunities, and; WHEREAS, were it not for the services offered by Fayetteville Youth Center, Inc., the City of Fayetteville would be required to assume the duty of providing staff, programming, promotion and development for youth recreational services. 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 a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $225,000.00 to provide public recreation services for the youth and citizens of Fayetteville for 2021. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 Connie Edmonston Submitted By City of Fayetteville Staff Review Form 2020-0901 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/14/2020 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Approval of an ordinance waiving the requirement of formal competitive bidding and approving a contract between the City of Fayetteville and the Fayetteville Youth Center, Inc. in the amount of $225,000 to provide public recreation services for the youth and citizens of Fayetteville in 2021. This is contingent on approval of the 2021 annual city budget and work program. Budget Impact: 1010.090.6600.5718.00 General Account Number 40901-4002 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Fund Fayetteville Boys & Girls Club Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 225,000.00 $ 225,000.00 $ 225,000.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 6267 Change Order Number: Original Contract Number: Approval Date: Comments: Pending on City Council approval of the 2020 Proposed Budget. 12-3-2019 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Connie Edmonston, Parks & Recreation Director DATE: October 14, 2020, 2019 CITY COUNCIL MEMO SUBJECT: Approval of an ordinance waiving the requirements of formal competitive bidding and approval of a contract between the City of Fayetteville and the Fayetteville Youth Center, Inc. in the amount of $225,000 to provide public recreation services for the youth and citizens of Fayetteville for 2021. This is contingent on approval of the 2021 annual city budget and work program. RECOMMENDATION: Approval of an ordinance waiving the requirements of formal competitive bidding and approval of a contract between the City of Fayetteville and the Fayetteville Youth Center, Inc. in the amount of $225,000 to provide public recreation services for the youth and citizens of Fayetteville for 2021. This is contingent on approval of the 2021 annual city budget and work program. BACKGROUND: The 2021 budget includes a total of $225,000 to be transferred to the Fayetteville Youth Center, Inc. from the General Fund. A resolution of contractual services, as well as an ordinance to waive competitive bidding is required. The contract outlines the services the Fayetteville Youth Center is providing to the City and the citizens of Fayetteville. Please note the Fayetteville Youth Center refers to the operations of the Fayetteville Boys and Girls Club throughout this contractual agreement. A waiver of competitive bids is being requested to secure the continuity of services provided and because the Fayetteville Youth Center has effectively served our citizens for the past 53 years. DISCUSSION: The City of Fayetteville has provided financial support for the Fayetteville Youth Center since 1967. The Boys and Girls Club Executive Director and Fayetteville Parks Director meet annually to evaluate operations to determine if the needs of the citizens of Fayetteville are being met in the most efficient possible manner. The attached "Working Agreement" helps avoid duplication or competition of programs between the two organizations. It is the intent of both agencies to work together for the common good of the citizens by not providing public funding for multiple competing program offerings. If the Boys and Girls Club was not providing recreational services for our youth and citizens, the City of Fayetteville would need to assume the responsibility. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The agreement for 2021 is similar to the 2020 agreement with a few updates of programs and performance measures. The Boys and Girls Club assists in providing transportation for children at the YRCC for the Summer Fun for Kids Program and for various after school programs. In addition, the Club provides bus transportation at least three times a year for participants in running and biking events offered by the Parks and Recreation Department. Both the City and the Boys and Girls Club allow summer program participants to utilize the indoor pool at the Club and outdoor pool at Wilson Park at no cost. The Fayetteville Boys and Girls Club building is designated as an emergency shelter for the City of Fayetteville due to the location and facility available to house citizens. The City appreciates the exceptional service and partnership with the Fayetteville Boys and Girls Club throughout the years to better serve our citizens. BUDGET/STAFF IMPACT: The 2021 budget includes a total of $225,000 for this request. Funding is the same as provided since 2016. This request is contingent upon City Council approval of the 2021 proposed budget. Attachments: Signed Contract CONTRACT Between The City of F«yetterille And F(tyetteville Youth Center-, Inc. WHEREAS, the City of Fayetteville has long been associated with and worked with the Fayetteville Youth Center, Inc. to provide public recreation to the citizens of Fayetteville; and WHEREAS, the Fayetteville Youth Center, Inc. has long provided public recreation to the youth and citizens of Fayetteville; and WHEREAS, it remains in the best interest of the City of Fayetteville and its citizens to provide operating reN enues to the Fayetteville Youth Center, Inc. in consideration for the substantial recreational programs provided by the Fayetteville Youth Center, Inc. to the youth and citizens of Fayetteville. NOW, THEREFORE, IT IS AGREED: The City of Fayetteville shall provide the sum of S 18,750 monthly (5225,000 annually) to the Fayetteville Youth Center, Inc. throughout the year of 2021 in consideration of the following duties and obligations to be performed by the Fayetteville Youth Center, Inc.: A. The Fayetteville Youth Center, Inc. shall be jointly responsible with the Fayetteville School System to provide staffing, programming, maintenance, promotion and development for the following facilities: Asbell Gymnasium, Holcomb Gymnasium, Vandergriff Gymnasium and the main facility of the Boys and Girls Club on Rupple Road. The Fayetteville Youth Center, Inc. agrees to use finding from the City to pay for gymnasium super\ isors and custodians at these sites. B. The Fayetteville Youth Center, Inc. shall make a substantial portion of its programs or facilities available to Fayetteville citizens (the public) at little or no cost for undersea-\ ed youth. Although basic membership fees may be required for many Fayetteville residents, disad\ antaged youth wishing to participate at the Fayetteville Youth Center, Inc. facility shall not be denied access solely because they do not have sufficient fiends to pay for a regular membership. The Fayetteville Youth Center, Inc. shall report on a quarterly basis the approximate number of Fayetteville Citizens served by its programs and shall include the number of "scholarships" or free memberships provided to Fayetteville citizens. C. The Fayetteville Youth Center, Inc. shall proN ide their facility as an emergency shelter when deemed necessary by the City of Fayetteville. D. The Fayetteville Youth Center, Inc. shall continue to follow the general Working Procedures and Responsibilities for the City of Fayetteville Parks ATTEST: BY: and Recreation DIN ision and The Fayetteville Youth Center, Inc. which is attached as Exhibit A, and made a part hereof CITY OF FAYETTEVILLE LIONELD JORDAN, Mayor FAYETTEVILLE YOUTH CENTER, INC. BY: z Title Kara Paxton, City Clerk/Treasurer EXHIBIT A RECREATION IN FAYETTEVILLE WORDING PROCEDURES AND RESPONSIBILITIES FOR THE CITY OF FAYETTEVILLE PARKS AND RECREATION DIVISION AND THE FAYETTEVILLE YOUTH CENTER, INC. This agreement is made and entered into between the City of Fayettex ille Parks and Recreation Department (Parks and Recreation) and the FayetteN ille Youth Center, Inc., d/b a Donald W. Reynolds Boys & Girls Club (hereinafter FYC). WHEREAS, the parties are two of the providers of recreational programs for the citizens of Fayetteville and wish to define a working agreement NAhich may be rex ised and modified each year upon mutual agreement between the Director of Parks and Recreation and the Executive Director of the FYC; and, WHEREAS, it is the goal of both parties to work in cooperation to enhance the recreation facilities and programs offered by the parties and to act together in meeting the needs of the citizens of FayetteN ille; and, WHEREAS, the FYC facility located on Rupple Road has been designated as an emergency shelter for the City of Fayetteville due to the location and facility aN ailable to house citizens; and WHERAS, increased communication and a new set of operating procedures xvill assist with the working relationship and kN ill benefit both agencies and their operations; and, WHEREAS, Parks and Recreation believes the goals of Parks and Recreation and FYC would best be accomplished by defining and streamlining responsibilities and procedures; and, is therefore recommending the merging of facility and program management for all recreation offerings, thereby providing administrative accountability for all services provided to the citizens. NOW, THEREFORE, to define and improve the current working relationship between Parks and Recreation and FYC, the following set of detailed operating procedures and responsibilities are hereby established. 1. FYC shall be responsible for working with the Fayetteville School System to provide staffing, programming, maintenance, promotion and deN elopment for the following facilities: Asbell Gymnasium (no lease expiration date), Holcomb and Vandergriff Gymnasium (lease expires August 20, 2029) and the Boys and Girls Club. FYC will be responsible for the hiring, evaluating, and supervising of gymnasium supervisors at Holcomb, Asbell, and Vandergriff Gymnasiums during the basketball seasons, after school programs and summer day camp programs. 3 2. Parks and Recreation shall be responsible for providing or approving the staffing, programming, maintenance, promotion and development for the city parks, including the following facilities which are utilized for sport programming; Lake Fayetteville Softball Complex, Gary Hampton Softball Complex, Walker Baseball Soccer Complex, White River Baseball Complex, Wilson Park Softball Field, YN onne Richardson Community Center and Kessler Mountain Regional Park. Parks and Recreation shall be responsible for outdoor facilities owned or leased by the City of Fayetteville, excluding the property leased to FYC pursuant to written agreements. 3. FYC shall be responsible for providing or approving the management, staffing, promotion, and development of the folio« ing programs and activities. FYC shall coordinate with the FayetteN ille School System for use of their facilities. FYC shall be responsible for the majority of sports and activities held at indoor recreation facilities, including but not limited to the following: - Basketball - Swim Programs - Camps - Youth Volleyball - Cheerleading - Tackle Football - Dance - Track - Fishing Rodeo - Special Events - Flag Football (Youth) - Summer School Break - Youth Golf & Disc Golf Programs - Gymnastics - Educational Programs - Martial Arts - Arts and Crafts - Table Tennis - Indoor Pickleball School Kids Connection - FYC shall not compete duplicate with those serN ices listed in paragraph 4, unless agreed upon by the FYC Executive Director and the Parks and Recreation Director. -i. Parks and Recreation shall be responsible for providing or approving the management, staffing, promotion, and development of the following programs and activities. Parks and Recreation shall be responsible for the majority of sports and activities held at outdoor recreation facilities, including but not limited to the following: - Baseball - Kickball - Softball - Flag Football (Adult) - Special Interest Groups - Sand Volleyball (Adult) - Soccer - Special Events - Swim Programs - Tennis Youth Activity Camps - Ultimate Frisbee - In & Outdoor Pickleball - Disc Golf - YRCC Activities such as arts & crafts, educational programs, summer school programs, wrestling, Adult Volleyball & other recreation programs. M S. FYC agrees not to establish a program that competes duplicates with an established program provided by Parks and Recreation. Moreover, FYC agrees to provide Parks and Recreation with information relating to any of its programs including rosters of players and coaches, rules of the league, and similar relevant data upon request by Parks and Recreation. It is the intent of both parties to work together for the common good of the citizens of Fayetteville by not providing public finding for duplicate program offerings. It is understood that FYC and Parks and Recreation both currently provide swim lessons, aquatic programs, and summerschool break programs, and that both parties agree to work together for the common good of both parties. 6. In the event the FYC wishes to offer programs which fall in the general description of paragraph 5 above, which it does not believe competes with current Parks and Recreation program, FYC shall provide advance notice of intent to start the program to Parks and Recreation with time to determine whether it is a competing program or not. In the event that FYC offers a program that the Parks and Recreation believes is a duplicate program within the meaning of this document, Parks and Recreation Staff shall give FYC written notices of its assessment. FYC shall either cease operating such program within 30 days of such notice or shall provide a written response to Parks and Recreation that disputes whether such program is in fact a competing program. If FYC fails to cease such program or respond to the assessment from Parks and Recreation, the City may discontinue funding for FYC on the 3 1 " day after such notice. If FYC files a dispute, the issue shall be resolved by City Council and finding of City Council shall be final and not subject to appeal. If FYC fails to cease operation of such a program within 30 days of a decision requiring such cessation by City Council, then the City may stop annual finnding to FYC. 7. The FYC Executive Director and Parks and Recreation Director will work jointly in opening the FYC as an emergency shelter as deemed necessary by the Washington County Emergency Operations Center. The Club will utilize funds appropriated by the City of Fayetteville for operational costs as necessary for the emergency shelter. 3. The FYC Executive Director and Parks and Recreation Director shall have periodic meetings to ensure communication between the two entities. 9. It is understood and agreed that the City's annual purchase of services shall be negotiated on a yearly basis. 10. The FYC Board of Directors is responsible for the management and operation of the annual finiding allocation to FYC from the City of FayetteN ille and shall have the responsibility for prioritizing the use of such funds. 11. As part of the annual funding, FYC agrees to make its facilities aN ailable to residents of the City of Fayetteville for a nominal daily fee without the need to purchase a membership to the club. 5 12. FYC shall schedule a meeting and submit an annual financial report to the City of Fayetteville on or before October I of each year. 13. FYC sliall comply Nvith schedules and procedures established by the Budget and Research Division of the City of Fayetteville for annual finding requests. 14. FYC shall provide transportation for the Yvonne Richardson Community Center according to the standards set annually by the Fayetteville Youth Center Executive Director and the Parks and Recreation Director based upon program schedules, transportation available, transportation driver availability, and funding for the following acti\ ities which may include, but not be limited to: A. In the event that the YRCC is not chosen again as a mobile food service site by Fayetteville Public Schools, FYC will proN ide bus transportation each day throughout the Summer Fun4Kids Program to the Fayetteville Public School free lunch program's designated school site. This should include transportation for tip to 70 children from the YRCC to the Public School and back to the YRCC after hunch. B. Throughout the Summer Fun4Kids Program provide bus transportation on pre -scheduled afternoons from the YRCC to FYC. Participants in the Summer Fun4Kids program will also have free admittance to the FYC facilities on pre -scheduled afternoons and transportation back to the YRCC at the conclusion of the program day. C. Throughout the academic school year provide transportation on designated dates previously agreed upon by both parties as part of the YRCC after school program. D. FYC will also provide transportation for YRCC patrons as deemed necessary by FYC Staff and the YRCC Director, provided that these arrangements haN e been done in a timely matter and are agreed upon by both parties prior to the requested date and time. E. The transportation schedule outlined above is subject to change upon agreement by the Fayetteville Parks and Recreation Director and the Executive Director of the FYC. 15. FYC will provide the Yvonne Richardson Community Center facility access (i.e. climbing wall, swimming pool, gymnasium, etc.) at no cost during mutually agreed upon dates and times to accommodating the YRCC afterschool, Homeschool P.E., and or camp programs. In return, Parks and Recreation will continue to provide access to the city outdoor pool at no cost to FYC summer camps at mutually agreed upon dates and times. 16. FYC will provide bus transportation to be used for shuttling purposes for participants in running or cycling special events offered by the Parks and Recreation Department at least three times a year provided that these arrangements have been done in a timely matter and agreed upon by both parties prior to the requested date and time. 2 17. Quarterly reports shall be submitted to the Parks and Recreation Director on the following dates: April 15, July 15, October 15, and January 15 (2022). These reports will detail the following performance measures: A. Provide a minimum of 30 open recreation hours per week at the FYC club facilities. B. Provide a minimum of 10 youth instructional educational programs. C. ProN ide a minimum of three youth sports programs. D. Provide a minimum of two free community -wide events at the FYC club facilities. E. Provide marketing materials to Fayetteville school children for major sport programs. F. Implement three customer seuti ice surveys for FYC programs. G. Apply for 10 grants major corporate sponsorships to provide additional funding to operate the FYC facilities and programs. H. Include Parks and Recreation logo on organizational web site and acknowledge the City of Fayetteville on sponsor wall located in the FYC facilities on Rupple Road. The working procedures and responsibilities contained herein shall become effective January 1, 2021. CITY OF FAYETTEVILLE LIONELD JORDAN, Mayor Attest: :• Kara Paxton, City Clerk/Treasurer FAYETTEVILLE YOUTH CENTER, INC. I: Attest: K: General Contract ServiceslB & G Club,2021 7 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0902 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.2 AREA AGENCY ON AGING OF NORTHWEST ARKANSAS: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS IN THE AMOUNT OF $109,080.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE SENIOR CITIZENS OF FAYETTEVILLE FOR 2021 WHEREAS, ensuring the availability of quality recreational opportunities to the senior citizens of our community is of mutual interest to the City of Fayetteville and the Area Agency On Aging of Northwest Arkansas, which has provided these services to seniors in Fayetteville and Northwest Arkansas since 1972; and WHEREAS, the Area Agency on Aging is very qualified and uniquely able to provide the continuity of services vital to the efficient provision of recreational opportunities to the senior citizens of Fayetteville. 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 a contract between the City of Fayetteville, Arkansas and the Area Agency on Aging of Northwest Arkansas in the amount of $109,080.00 to provide public recreation services for the senior citizens of Fayetteville for 2021. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 Connie Edmonston City of Fayetteville Staff Review Form 2020-0902 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/14/2020 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Approval of an ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville and the Area Agency on Aging of Northwest Arkansas in the amount of $109,080 to provide public recreation services for senior citizens of Fayetteville in 2021. This is contingent on approval of the 2021 annual city budget and work program. Budget Impact: 1010.090.6600.5718.01 General Account Number 40901.4004 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Fund AAANWA (Senior Center) Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 109,080.00 $ 109,080.00 $ 109,080.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 6266 Change Order Number: Original Contract Number: Approval Date: Comments: Pending on approval of the 2021 annual city budget and work program. 12/1/2019 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Connie Edmonston, Parks & Recreation Director DATE: October 14, 2020 CITY COUNCIL MEMO SUBJECT: Approval of an ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville and the Area Agency on Aging of Northwest Arkansas in the amount of $109,080 to provide public recreation services for senior citizens of Fayetteville in 2021. This is contingent on approval of the 2021 annual city budget and work program. RECOMMENDATION: Approval of an ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville and the Area Agency on Aging of Northwest Arkansas in the amount of $109,080 to provide public recreation services for senior citizens of Fayetteville in 2021. This is contingent on approval of the 2021 annual city budget and work program. BACKGROUND: Since 1972, the City of Fayetteville has provided financial support through the annual work budget to the Area Agency on Aging of Northwest Arkansas (AAA) to provide recreation services for senior citizens at the Hillcrest Towers. In 2003, after the Walker Park Senior Activity and Wellness Center was built, the Walker Senior Center was added to the contract. This has been a very successful agreement to provide recreational programs and activities for senior citizens. AAA also has the building lease for the Walker Park Senior Activity and Wellness Center until the end of 2022. AAA provides recreational programs meeting the needs of our senior citizen residents at Walker Park's Senior Activity and Wellness Center and Hillcrest Towers. It is the intent of AAA and the Fayetteville Parks and Recreation Department to work in cooperation to enhance the recreation facilities and programs in our City, while not duplicating services to spend taxpayers' money as effectively as possible. If the AAA were not serving our senior citizen population, the City would need to assume responsibility. DISCUSSION: The 2021 budget includes a total of $109,080 to be transferred to the AAA from the General Fund. A resolution of contractual services, as well as an ordinance to waive competitive bidding, is required. The contract outlines the services the AAA is providing to the City and the citizens of Fayetteville. A waiver of competitive bids is requested to secure the continuity of services Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 provided and because AAA has adequately served our citizens for the past 49 years including when they subcontracted services with the Northwest Arkansas Economic Development District. The agreement for 2021 is similar to the contract approved in 2020 with an update of the performance measures by the Center's Director, Chase Gipson. The Walker Park Senior Activity and Wellness Center's building is designated as an emergency shelter for the City of Fayetteville due to their location and facility available to assist in housing citizens. BUDGET/STAFF IMPACT: The 2021 budget includes a total of $109,080 for this request. Funding is the same as provided in 2020. This request is contingent upon City Council approval of the 2021 proposed budget. Attachments: Signed Contract CONTRACT Between the City of Fayetteville and the Area Agency on Aging of Northwest Arkansas (AAA) WHEREAS, the Area Agency on Aging of Northwest Arkansas (AAA) is uniquely qualified to provide the full range of public recreation opportunities to the senior citizens of Fayetteville; and, WHEREAS, it is in the best interest of the City of Fayetteville and its citizens to provide operating revenues to the AAA in consideration for the substantial recreational programs provided by the AAA to the senior citizens of Fayetteville. NOW, THEREFORE, IT IS AGREED: The City of Fayetteville shall provide the sum of $9,090 monthly ($109,080 annually) to the AAA from January 1 until December 31, 2021 in consideration of the following duties and obligations to be performed by the AAA: A. The AAA shall be responsible for providing staff, programming, promotion, and development for Walker Park's Fayetteville Senior Activity and Wellness Center and Hillcrest Towers Community Center. AAA agrees to use funding from the City to pay for recreational programs designed specifically for senior citizens. B. AAA shall make substantial portions of its programs or facilities available to Fayetteville citizens (the public) at little or no cost for the needy senior citizens. AAA shall report on a quarterly basis the approximate number of Fayetteville citizens served by its programs. C. AAA shall provide Walker Park's Fayetteville Senior Activity and Wellness Center as an emergency shelter when deemed necessary by the City of Fayetteville. D. The AAA shall follow the general Working Procedures and Responsibilities for the City of Fayetteville Parks and Recreation Division and the AAA which is attached as Exhibit A, and is made a part hereof, as if set forth word for word in its entirety. CITY OF FAYETTEVILLE L.� LIONEL D JORDAN, Mayor AREA AGENCY ON AGING OF NORTHWES' ' ARKANSA BY: Brad Bailey, Executive Director ATTEST: BY: Kara Paxton, City Clerk / Treasurer 1 EXHIBIT A RECREATION IN FAYETTEVILLE WORKING PROCEDURES AND RESPONSIBILITIES FOR THE CITY OF FAYETTEVILLE PARKS AND RECREATION DIVISION AND THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS This agreement is made and entered into between the City of Fayetteville Parks and Recreation Department (Parks and Recreation) and the Area Agency on Aging of Northwest Arkansas (hereinafter referred to as AAA). WHEREAS, the parties are two of the providers of recreational programs for the citizens of Fayetteville and wish to define a working agreement which may be revised and modified each year upon mutual agreement between the Parks and Recreation Director and the Executive Director of the AAA; and, WHEREAS, it is the goal of both parties to work in cooperation to enhance the recreation facilities and programs offered by the parties and to act together in meeting the needs of the citizens of Fayetteville; and, WHEREAS, Walker Park's Fayetteville Senior Activity and Wellness Center has been designated as an emergency shelter for the City of Fayetteville due to the location and facility available to house citizens; and WHEREAS, increased communications and a new set of operating procedures will assist with the working relationship and will benefit both agencies and their operations; and, WHEREAS, Parks and Recreation believes the goals of Parks and Recreation and AAA would best be accomplished by defining and streamlining responsibilities and procedures; and, is therefore recommending the merging of facility and program management for all recreation offerings, thereby providing administrative accountability for all services provided to the citizens. NOW, THEREFORE, in order to define and improve the current working relationship between Parks and Recreation and AAA, the following set of detailed operating procedures and responsibilities are hereby established. 1. AAA shall be responsible for providing staffing, programming and promotion, and development of recreational programs for senior citizens including but not limited to, health and fitness activities, recreational trips, arts and crafts, music and games. 2. Parks and Recreation shall be responsible for providing or approving the staffing, programming, maintenance, promotion and development of the parks system within the city and the recreational events occurring within the city for all ages. 2 3. The AAA Executive Director and Parks and Recreation Director shall have periodic meetings to ensure communication between the two entities. 4. It is understood and agreed that the City's annual purchase of services will be negotiated on a yearly basis. 5. The AAA is responsible for the management and operation of annual funding allocation to AAA from the City of Fayetteville and shall have the responsibility for prioritizing the use of such funds. 6. The Fayetteville Senior Activity and Wellness Center Director and Parks and Recreation Director will work jointly in opening Walker Park's Fayetteville Senior Activity and Wellness Center as an emergency shelter as deemed necessary by the City of Fayetteville. AAA will utilize funds appropriated by the City of Fayetteville for operational costs as necessary for the emergency shelter. 7. AAA shall schedule a meeting and submit an annual financial report to the Parks and Recreation Director no more than one hundred thirty (130) days after the end of the AAA fiscal year, which ends on June 30, 2021. Such report shall detail AAA's use of the City of Fayetteville's funding allocation and accomplishment of performance measures as stated below. 8. AAA shall comply with the schedules and procedures established by the Budget and Research Division of the City of Fayetteville for annual funding requests. 9. Quarterly reports shall be submitted to the Parks and Recreation Director on, or before, the following dates: April 15, July 15, October 15, and January 15 (2022). These reports shall detail the following performance measures: A. Operation of a full scope of senior services at Walker Park's Fayetteville Senior Activity and Wellness Center and Hillcrest Towers. Both locations will provide a warm daily nutritious congregate lunch providing valuable socialization for seniors. An estimated 580 different seniors enjoy over 23,000 congregate meals each year. In addition, weekly social and recreational activities include a pool tournament, bingo, a water colors class, Thursday Thoughts educational series, Wii Bowling, Bean Bag Baseball, dominoes and card games, instructor -led line dancing, and Friday Live Music. During the course of the year, an estimated 800 different seniors will participate in 41,000 units of socialization at the two locations. B. The Fayetteville Senior Activity and Wellness Center location will continue to provide a wide variety of daily health and wellness classes including, but not limited to: Use It or Lose It, Fun to be Fit, Silver Sneakers, Yoga, Pilates, Cardio & Toning, Drums Alive, Tai Chi, B.A.S.E., and Foundation Training. In addition, the center offers a complete fitness area with treadmills, ellipticals, recumbent bikes, and resistance -based weight machines. 3 C. Walker Park's Fayetteville Senior Activity and Wellness Center and Hillcrest Tower locations will seek partnerships with outside organizations or community groups to assist in a variety of recreation programs and wellness classes. D. Transportation services will be provided at both the Fayetteville Senior Activity and Wellness Center and Hillcrest "Towers. Transportation services will include round trip taxi service for seniors from their residence to the senior center, and also round-trip taxi service from their residence to necessary appointments in the community. In addition, three or more special interest day trips per month will be provided for the senior community. During the course of a year, almost 200 different seniors will participate in 7,000 units of transportation. E. AAA shall acknowledge the City of Fayetteville's contribution on general marketing flyers, brochures and other general marketing materials. 10. The working procedures and responsibilities contained herein must continue without delays in service and shall become effective January 1, 2021. CITY OF FAYETTEVILLE LIONELD JORDAN, Mayor Attest: Kara Paxton, City Clerk / Treasurer AREA AGENCY ON AGING OF NORTHWEST_ ARKANSAS Brad Bailey, Executive Di Attest: -� 4 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0991 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 2021 SEVEN HILLS HOMELESS CENTER FUNDING: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER IN THE AMOUNT OF $113,400.00 FOR SERVICES TO HOMELESS AND NEEDY RESIDENTS IN FAYETTEVILLE IN 2021 WHEREAS, the Board of Directors of Seven Hills has operated a day time facility to serve numerous homeless and needy Fayetteville residents for over 18 years relying upon the support of several local churches, charities and charitable persons, as well as some governmental support (for veterans, etc.); and WHEREAS, the Fayetteville City Council approved a funding request for the 2021 fiscal year to maintain the operations of the Seven Hills day center and, although funding for the center by donors has improved, a shortfall still exists that jeopardizes its ability to continue to offer vital services to Fayetteville's homeless residents; and WHEREAS, if Seven Hills could no longer operate its Walker Family Residential Community transitional housing facility, currently housed citizens might become homeless again and have to live on the streets or in the woods; and WHEREAS, if Seven Hills could no longer operate its day time facility, the large number of homeless residents who depend upon this facility for showers and washing, hot food, a warm place to stay during the day, as well as access to a telephone and other job assistance services could not find such comparable services elsewhere; and WHEREAS, the facilities and services provided by Seven Hills are required to be continued and should continue to be supported by the City in order to prevent our homeless and needy residents from suffering undue hardship and deprivation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of City of Fayetteville, Arkansas Page 1 Printed on 1111912020 File Number: 2020-0991 formal competitive bidding and approves a contract between the City of Fayetteville, Arkansas and Seven Hills Homeless Center in the amount of $113,400.00 for services to homeless and needy Fayetteville residents and authorizes Mayor Jordan to sign this contract. City of Fayetteville, Arkansas Page 2 Printed on 1111912020 Paul Becker Submitted By City of Fayetteville Staff Review Form 2020-0991 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/4/2020 CHIEF FINANCIAL OFFICER (110) Submitted Date Division / Department Action Recommendation: An ordinance to waive competitive bidding, to approve a monthly funding agreement with Seven Hills Homeless Center contingent on satisfactory contractual performance for the period of January 1, 2021 through December 31, 2021 Budget Impact: 1010.090.6600-5721.00 Account Number Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: 2020-04 Fund Project Title $ 113,400.00 $ 113,400.00 $ 113,400.00 V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE W"'T ARKANSAS MEETING OF DECEMBER 1, 2020 CITY COUNCIL MEMO TO: Mayor Jordan, and Members of the City Council THRU: Susan Norton, Chief of Staff FROM: Paul A Becker, Chief Financial Officer DATE: November 4, 2020 SUBJECT: Seven Hills Homeless Center 2021 Funding RECOMMENDATION: To approve a monthly funding agreement with Seven Hills Homeless Center contingent on satisfactory contractual performance for the period of January 1, 2021 through December 31, 2021. BACKGROUND: The Seven Hills Homeless Center has provided services to homeless and needy residents in Fayetteville for over 18 years. Seven Hills is a not for profit organization that has relied almost exclusively on private donations for operational funding during that period. In the 2021 budget, the City Council has been asked to approve funding for the 2021 fiscal year to maintain the operations of the day center by Seven Hills in the amount of $113,400. Although funding for the center by generous donors has improved, a shortfall still exists. The contractual amount would be paid in monthly disbursements of $9,450 each month beginning in January 2021. Attached is a contract for services with Seven Hills. BUDGET/STAFF IMPACT: This contract is contingent on funding approval by the City Council. Attachments: 1. Contract with Seven Hills Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACT THIS CONTRACT is made by and between the City of Fayetteville, Arkansas (hereinafter "City") and Seven Hills Homeless Center, which is an Arkansas nonprofit corporation which filed its corporate documents with the Secretary of State in 2001 (hereinafter "Seven Hills") on this 1 st day of December 2020. Whereas, the Board of Directors of Seven Hills has operated a daytime facility to serve numerous homeless and needy Fayetteville residents for over 18 years relying upon the support of several local churches, charities and charitable persons, as well as some governmental support (for veterans, etc.); and Whereas, the Fayetteville City Council has approved a funding request for the 2021 fiscal year to maintain the operations of the Seven Hills day center. Although funding for the center by donors has improved, a shortfall still exists to continue to offer vital services to Fayetteville's homeless residents; and Whereas, if Seven Hills could no longer operate its Walker Family Residential Community transitional housing facility, currently housed citizens might become homeless again and have to live on the streets or in the woods; and Whereas, if Seven Hills could no longer operate its day time facility, the large number of homeless residents who depend upon this facility for showers and washing, hot food, a warm place to stay during the day, as well as access to a telephone and other job assistance services could not find such comparable services elsewhere; and Whereas, the facilities and services provided by Seven Hills are required to be continued and should continue to be supported by the City in order to prevent our homeless and needy residents from suffering undue hardship and deprivation. NOW, THEREFORE, The City of Fayetteville and the Board of Directors of Seven Hills Homeless Center agree as follows: 1. The term of this contract shall be January 1, 2021 until December 31, 2021 unless ended earlier by the City for failure of Seven Hills to comply with all provisions and requirements of this contract. 2. Seven Hills Homeless Center agrees to and shall provide all necessary personnel, supplies, utilities and maintenance of its facility to serve all Fayetteville's needy homeless residents who are utilizing and will continue to need to utilize the daytime facility. Seven Hills agrees to continue to offer all programs and services which Seven Hills has been normally supplying in the past in its daytime facility. 3. Seven Hills Homeless Center further agrees to and shall provide all necessary personnel, supplies, utilities and maintenance of the Walker Family Residential Community transitional facility to serve the transitional housing occupants. Seven Hills is authorized to use some of the City revenue for these purposes where appropriately authorized by the earlier agreement between the City and Seven Hills. Seven Hills agrees to continue to offer all programs and services to these Fayetteville transitional housing tenants as it has normally been providing in the past. 4. Seven Hills Homeless Center further agrees to make diligent efforts to regain its financial footing by increasing its revenues and/or reducing its expenses so Seven Hills Homeless Center can once again pay all of its own bills and will not need further financial support from the City of Fayetteville. 5. Seven Hills Homeless Center further agrees to make a report to the Mayor on its financial status on a monthly basis. Seven Hills also agrees to present any other report as requested by the Mayor or City Council. 6. The City of Fayetteville agrees to pay the sum of NINE THOUSAND FOUR HUNDRED FIFTY ($9,450.00) on the first Wednesday of each month beginning in January while this contract is effective as long as the Finance Director and the City Administration are satisfied that Seven Hills is satisfactorily complying with all terms and conditions of this contract. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representatives effective the date signed by the Mayor after approval by the Fayetteville City Council. SEVEN HILLS HOMELESS CENTER ':Oair ye dyof the Seven Hills Homeless Center Board �Issica Andrews, CEO CITY OF FAYETTEVILLE, ARKANSAS Lioneld Jordan, Mayor Date: I � 11011 U �x Date: ATTEST: Kara Paxton City Clerk/Treasurer City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0990 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: CA MIKE PARKER COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH MIKE PARKER FOR CONSTRUCTION OF A SEWER LINE ALONG A PORTION OF NORTH SHADY LANE AND A PORTION OF PROPERTY NORTH OF WEST HOLLY STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $40,885.19 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $8,177.04 WHEREAS, Mike Parker has requested that the City share in the cost of constructing an 8-inch sewer main along a portion of North Shady Lane between North Vandeventer Avenue and North Woolsey Avenue and across a portion of undeveloped property north of West Holly Street, a distance of approximately 548 feet, so that the area north of West Holly Street can be developed; and WHEREAS, constructing this segment of 8-inch sewer main will allow development of this property, will extend sewer service to an area in the core of the City that has never been served before, and will also provide for ample future capacity which the City recognizes will be necessary for the area that is served by this sewer main; and WHEREAS, the City proposes to enter into an agreement with Mike Parker to refund an amount of up to $40,885.19, which represents the estimated cost of improvements that exceed the rough proportionality of the development's impact. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a cost share agreement with Mike Parker, for the construction of a sewer line along a portion of North Shady Land and a portion of property north of West Holly Street with a refund in an amount not to exceed $40,885.19 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and further approves a project contingency in the amount of $8,177.04. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 File Number: 2020-0990 City of Fayetteville, Arkansas Page 2 Printed on 1111912020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-0990 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/12/2020 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a cost share agreement with Mike Parker for the construction of a sewer line to facilitate the development of an area north of West Holly Street, with an amount not to exceed $40,885.19 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $8,177.04. Budget Impact: 5400.720.5700-5815.00 Water and Sewer Account Number Fund 04039.1 Water/Sewer Impact Fee Cost Sharing Project Number Project Title Budgeted Item? Yes Current Budget $ 3,551,352.00 Funds Obligated $ 2,892,949.68 Current Balance I $ 658,402.32 Does item have a cost? Yes Item Cost $ 49,062.23 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 609,340.09 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: November 12, 2020 CITY COUNCIL MEMO SUBJECT: Mike Parker — Cost Share Agreement for Sewer Construction RECOMMENDATION: Staff recommends approval of a cost share agreement with Mike Parker for the construction of a sewer line to facilitate the development of an area north of West Holly Street, with an amount not to exceed $40,885.19 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $8,177.04. BACKGROUND: Mike Parker has requested that the City share in the cost of constructing an 8-inch sewer main along a portion of North Shady Lane between North Vandeventer Avenue and North Woolsey Avenue, and a portion of undeveloped property north of West Holly Street., a distance of approximately 548 feet, so that the area north of West Holly Street can be developed. DISCUSSION: The City's portion of the cost share includes extending the sewer line north along N. Shady Ln. approximately 202 linear feet to reach the developer's property (out of the total 548 linear feet of the entire sewer line extension). This is how staff reached the City percentage of 37% in the cost share agreement, for a total not -to exceed amount of $40,885.19 to be paid by the City of Fayetteville. Constructing this segment of 8-inch sewer main will allow development of this property, will extend sewer service to an area in the core of the City that has never been served before, and will also provide for ample future capacity which the City recognizes will be necessary for the area that is served by this sewer main. BUDGET/STAFF IMPACT: Funds are available in the Water/Sewer Impact Fee Cost Sharing account within the Water & Sewer Fund. Attachments: Cost Share Agreement Exhibits Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE OF SEWER MAIN INSTALLATION COSTS This Agreement, made and entered into on this day of December, 2020, by and between the City of Fayetteville, Arkansas ("City") and Mike Parker, witnesseth: WHEREAS, Mike Parker has requested that the City share in the cost of constructing an 8-inch sewer main along a portion of North Shady Lane between North Vandeventer Avenue and North Woolsey Avenue, and a portion of undeveloped property north of West Holly Street., a distance of approximately 548 feet, so that the area north of West Holly Street can be developed; and WHEREAS, constructing this segment of 8-inch sewer main will allow development of this property, will extend sewer service to an area in the core of the City that has never been served before, and will also provide for ample future capacity which the City recognizes will be necessary for the area that is served by this sewer main; and WHEREAS, § 51.113 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size larger than required to service subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the sewerage system." NOW, THEREFORE, the City of Fayetteville, Arkansas and Mike Parker agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Mike Parker for 37% of the cost to install approximately 548 linear feet of 8-inch sewer main in the area identified in Exhibit "A" up to a maximum - not -to -exceed amount of $40,885.19 as was estimated by the builder's representative and shown on Exhibit `B", attached. B. Payments due to Mike Parker, shall be remitted within sixty (60) days after receipt of valid invoices. 2. Mike Parker agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable sewer main installation, including submittal of plans and specifications to the City's Engineering Department, per their standard procedures. B. Provide a copy of the invoices from the Contractor upon City approval of the water main upgrade. Page 1 of 2 C. Pay for the sewer main installation [with reimbursement of 37% of the cost by the City of Fayetteville in a not -to -exceed amount of $40,885,19. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: MIKE PARKER �5. MIKE P�CRKER ATTEST: w By: .:$s:? 'g� •S MLEY STEEL :;�••, . `: ANY Gommiss" # 1269W7 ' Seplern 2026 BenW County E7CPIFtES: ber 30, CITY OF FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor ATTEST: Page 2 of 2 Kara Paxton, City Clerk I all LIM-P: NO JORGENSEN +ASSOCIATES Civil Engineering Surveying Wag October 22nd, 2020 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Engineering Department *AV :1IMMIk9 � Re: Parker Sewer Line Extension Cost Share Request 124 W Sunbrldge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 www.jorgensenassoc.com This letter will serve as a cost share request with the City of Fayetteville for the Parker sewer line extension plans. I have included the Contractors bid amount and we would request the cost share be 50% from both entities including Engineering fees as broken down below: • Total Construction Cost: $100,455.00 • Total Engineering Cost: $10,045.50 • Total Cost: $110,500.50 • Total Cost to Fayetteville: $55,250.25 • Total Cost to Developer (Mike Parker): $55,250.25 Currently there are a total of 8 homes using this sewer and this proposed extension will result in 10 more homes for a total of 18 houses. The capacity of the existing line has been calculated and is sufficient to handle the extra homes. This utility work is planned to start as soon as possible once we get resolution on this request. We thank you for your consideration of this proposal and please call with any questions, Thank you. Sincerely; Juskin L. Jorgens n, P.E. Unit Price Schedule for Parker Sewer line extension PETREE CONST Water & Sewer Item # Description Quantity Unit Unit Price Amount 1 8" Sanitary Sewerline (SDR-26 PVC) w/ backfill 535.65 LF $39.44 $21,126.04 2 Cast in place Manhole (0'-6') 4 EA $3,480.00 $13,920.00 3 Cast in place Manhole (0'-8') 1 EA $5,220.00 $5,220.00 4 4" Sanitary Sewer Wye 3 EA $580.00 $1,740.00 5 Clean & Test SWR 580 L.F. $5.34 $3,097.20 6 Remove and replace city street per spec 1 L.S. $38,831.32 $38,831.32 7 16" Steel Encasement 20 L.F. $225.00 $4,500.00 8 Erosion control 1 L.S. $2,766.60 $2,766.60 9 Clearing & grubbing 1 L.S. $2,552.00 $2,552.00 10 Construction exit 1 L.S. $2,900.00 $2,900.00 11 Maintenanc bond 1 L.S. $3,200.00 $3,200.00 12 Performance bond 1 L.S. $1,550.00 $1,550.00 13 Traffic Control 1 L.S. $5,220.00 $5,220.00 14 Site restoration incl seed and straw 1 L.S. $6,206.00 $6,206.00 15 Rock Excavation if needed 1 i C.Y. $225.00 $225.00 Total $113,054.16 Notes: 1) Standard stakeout will be provided by Jorgensen & Associates at the Contractors Expense as needed. 2) Lab testing to be paid for by Owner. 3) Contractor to consult Full Set of Plans to provide a complete bid. Items left off Unit Price Schedule need to be added and/or included by Contractor. Construction Plans have not been approved by the City; any addendums to the plans will be addressed by an issued revision and subsequent change orders. Unit Price Schedule for Parker Sewer line extension PAVECON Water & Sewer Item # Description Quantity Unit Unit Price Amount 1 8" Sanitary Sewerline (SDR-26 PVC) w/ backfill 535.65 LF $42.15 $22,577.65 2 Manhole 5 EA $4,460.00 $22,300.00 3 4" Sanitary Sewer Wye 3 EA $300.00 $900.00 5 Sawcut & remove east half of Shady (1,148 sq ft) 1 L.S. $5,950.00 $5,950.00 6 3" ACHM Surface w/ Tack coat 135 S.Y. $69.25 $9,348.75 7 6" Concrete Pad 115 S.Y. $155.25 $17,853.75 8 Class 7 backfill/compact under road (173'x2x3'x14o) i 2000 75 Tons $25.75 $1,931.25 9 16" Steel Encasement 20 L.F. $108.25 $2,165.00 10 Clean & Test SWR 1 L.S. $5,475.00 $5,475.00 11 Seed/straw/final cleanup 1 L.S. $2,250.00 $2,250.00 12 Erosion Control 1 L.S. $7,500.00 $7,500.00 13 Bond SWR 1 L.S. $1,978.60 $1,978.60 14 Rock Excavation if needed 1 C.Y. $225.00 $225.00 Total $100,455.00 Notes: 1) Traffic control included in line item 5. 3) Contractor to consult Full Set of Plans to provide a complete bid. Items left off Unit Price Schedule need to be added and/or included by Contractor. Construction Plans have not been approved by the City; any addendums to the plans will be addressed by an issued revision and subsequent change orders. Unit Price Schedule for Parker Sewer line extension SWEETSER CONST Water & Sewer Item # Description Quantity Unit Unit Price Amount 1 8" Sanitary Sewerline (SDR-26 PVC) w/ backfill 535.65 LF $65.00 $34,817.25 2 Manhole 5 EA $5,000.00 $25,000.00 3 4" Sanitary Sewer Wye 3 EA $400.00 $1,200.00 5 Sawcut & remove east half of Shady (1,148 sq ft) 1 L.S. $11,480.00 $11,480.00 6 3" ACHM Surface w/ Tack coat 135 S.Y. $65.00 $8,775.00 7 6" Concrete 115 S.Y. $75.00 $8,625.00 8 Class 7 backfill/compact under road (173'x2x3'xl4o) 2000 75 Tons $42.00 $3,150.00 9 16" Steel Encasement 20 L.F. $210.00 $4,200.00 9 Clean & Test SW R 1 L.S. $3,600.00 $3,600.00 10 Seed/straw/final cleanup 1 L.S. $2,500.00 $2,500.00 11 Erosion Control 1 L.S. $1,500.00 $1,500.00 12 Bond SWR 1 L.S. $1,640.00 $1,640.00 13 Rock Excavation if needed 1 C.Y. $225.00 $225.00 14 Flowable fill if needed 1 C.Y. $150.00 $150.00 15 jAdditional Mh Depth 11 F.T. $150.00 $150.00 Total 1 $107,012.25 Notes: 1) Traffic control included in line item 5 3) Contractor to consult Full Set of Plans to provide a complete bid. Items left off Unit Price Schedule need to be added and/or included by Contractor. Construction Plans have not been approved by the City; any addendums to the plans will be addressed by an issued revision and subsequent change orders. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0993 Agenda Date: Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.5 NWA LD, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH NWA LD, LLC FOR THE UPSIZING OF A PLANNED SEWER CREEK CROSSING ASSOCIATED WITH CRYSTAL SPRINGS SUBDIVISION PHASE IV WITH A REFUND IN AN AMOUNT NOT TO EXCEED $26,670.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,334.00 WHEREAS, Rausch Coleman Homes is developing the Crystal Springs IV subdivision which will require the installation of an 8-inch sewer main and creek crossing to service the development; and WHEREAS, the Utilities Department recommends upsizing to a 12-inch diameter sewer main per the City's Wastewater Collection System Master Plan; and WHEREAS, § 51.113 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size larger than required to service subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the sewerage system."; and WHEREAS, the City proposes to enter into an agreement with NWA LD, LLC to refund an amount of up to $26,670.00, which represents the estimated cost of improvements that exceed the rough proportionality of the development's impact. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a cost share agreement with NWA LD, LLC for the upsizing of a planned sewer creek crossing with a refund in an amount not to exceed $26,670.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and further approves a project contingency in the amount of $5,334.00. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-0993 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/12/2020 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a cost share agreement with NWA LD, LLC in an amount not to exceed $26,670.00 for upsizing a planned sewer creek crossing associated with Crystal Springs Subdivision Phase IV, and to approve a project contingency in the amount of $5,334.00. Budget Impact: 5400.720.5700-5815.00 Water and Sewer Account Number Fund 04039.1 Water/Sewer Impact Fee Cost Sharing Project Number Project Title Budgeted Item? Yes Current Budget $ 3,551,352.00 Funds Obligated $ 2,942,011.91 Current Balance $ 609,340.09 Does item have a cost? Yes Item Cost $ 32,004.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 577,336.09 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: November 12, 2020 CITY COUNCIL MEMO SUBJECT: NWA LD, LLC — Sewer Cost Share for Crystal Springs IV Subdivision RECOMMENDATION: Staff recommends approval of a cost share agreement with NWA LD, LLC in an amount not to exceed $26,670.00 for upsizing a planned sewer creek crossing associated with Crystal Springs Subdivision Phase IV, and to approve a project contingency in the amount of $5,334.00. BACKGROUND: Rausch Coleman Homes is developing a subdivision called Crystal Springs IV in Fayetteville. The development requires an 8-inch sewer main and creek crossing at Hamestring Creek. It would be in the best interest of the City to upsize this to a 12-inch sewer main to allow for future development. NWA LD, LLC is the contractor doing the sewer line work for Rausch Coleman. DISCUSSION: This Cost Share with NWA LD, LLC would pay for the upsizing of a planned sewer creek crossing associated with Crystal Springs Subdivision Phase IV. This upsize will allow ample capacity for future development to drain through this same Hamestring Creek crossing, avoiding the need for multiple creek crossings. This particular crossing is below grade, not aerial. The upsize for the sewer main and encasement pipe is $26,670.00. Staff recommends approving the cost share in an amount not to exceed $26,670.00 to upsize the sewer line and encasement for the creek crossing. BUDGET/STAFF IMPACT: Funds are available in the Water/Sewer Impact Fee Cost Sharing account within the Water & Sewer Fund. Attachments: Cost Share Agreement Exhibits Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE OF SEWER MAIN UPGRADE COSTS This Agreement, made and entered into on this day of December, 2020, by and between the City of Fayetteville, Arkansas ("City") and NWA LD, LLC ("NWA LD, LLC"), witnesseth: WHEREAS, NWA LD, LLC is developing property known as Crystal Springs Subdivision Phase IV in the City of Fayetteville and is required to construct an 8-inch sewer line, creek crossing, and encasement to facilitate the development which will be served by the City of Fayetteville's sewer system; and WHEREAS, on September 9, 2019, NWA LD, LLC received Planning Commission approval for the construction of this proposed subdivision and will be installing new 8" sewer mains within this development; and WHEREAS, the Utilities Department recommends upsizing this sewer line and encasement from 8" to 12" which will allow ample capacity for future development to drain through this same creek crossing, avoiding the need for multiple creek crossings; NOW, THEREFORE, the City of Fayetteville, Arkansas and NWA LD, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse NWA LD, LLC for 100% of the cost to upsize approximately 617 linear feet of 8-inch sewer main to 12-inch in the area identified in Exhibit "A" up to a maximum -not -to -exceed amount of $26,670.00, as was estimated by the builder's representative and shown on Exhibit `B", attached. B. Remit payments due to NWA LD, LLC within sixty (60) days after receipt of valid invoices. 2. NWA LD, LLC agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable sewer main installation, including submittal of plans and specifications to the City's Engineering Department, per their standard procedures. B. Provide a copy of the invoices from the Contractor upon City approval of the water main upgrade. C. Pay for the sewer main installation (with reimbursement of 100% of the cost of upsizing the sewer main by the City of Fayetteville in a not -to -exceed amount of $26,670.00. 3. It is further understood that the contract for construction of the sewer main extension is between NWA LD, LLC and its Contractor and that the City has no contractual obligation with either the Contractor or the Engineer. The City's only obligation shall be to participate in this agreement with a not -to -exceed reimbursable amount of $26,670.00 for the sewer main upsizing. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: NWA LD, LLC BY: C DAVID C. 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ME SCALE: I"= 0' No.19309 R, �7ER A NI 1186 VER .SCALE: 1" 6' 1166 8.2 .2020 SANITARY SEWER I P&P (COLOR) „6D „6D C-245 R-1 . 1+ , . -- -- ; ---- ----- ---- 1 \ °�erzw Craffon Tull -- �uxc � oryq� i m 55 x _ rs' s GRAPHIC SCAT£ IN FEET 51PEpM SIDE \\ ` � PROiCII11ON MANAGEMPIT \ - \ -E 9d.YMDARY \rs I Q 2� RDDD wAY� \� ` \ \ \ \\ AftAMVL µEwAialcnvoG I CRYSTAL SPRINGS FAYETFEVILLE,AR 25' SIRE�N 510E FRotEcnpx wAtERsroE�mxE � � � � � A \ 1210 PIPELENG H&GRADE 1210 w a oR PIP LENTS AND GRADES CALCULATED FROM ARE QE 12D5 STRUCTURES UNLESS OTHE NOTED. WISE 1205 PHASE T W� 1200 ¢ �' 1200 — 1195 N Hpi. aam H_ EXISTING ND__ z��uu __ __ _ _ _ _ _ __ __________ _ _ _ __ _ 1190 i o € _____ _ __ ___ __ ____ _____ 1190 1185 1185 — 1180 O I.TSf 2K,�A.' 1175 1175 „TST' FD ¢ISSUED FOR EN EF.R CONSTRUCTION 1170 HOR. VER SCALE: 1°= .SCALE: 1" 1170 R. fq No. 19309 hLq A.11 8.2 .2020 0 5' SANITARY SEWER I P&P (COLOR) 1165 1165 C-246 R-1 EXHIBIT B Corey Granderson City of Fayetteville 2435 S. Industrial Drive Fayetteville, AR 72701 RE: Crystal Springs Sewer Upsizing Mr. Granderson, October 20, 2020 Please accept this letter as our request for a cost share agreement between NWA LD, LLC and the City of Fayetteville. Specifically: - NWA LD, LLC will install 190 linear feet of 12-inch poly vinyl chloride sewer main from the existing manhole to manhole 1-1 for an upsizing charge of $5,130. - NWA LD, LLC will install 327 linear feet of 12-inch ductile iron sewer main from manhole 1-2 for an upsizing charge of $6,540. - NWA LD, LLC will jack and bore 100 linear feet of the 12-inch ductile iron sewer to cross the creek for an upsizing charge of $15,000. The total cost to upsize the lines and bore is $26,670 and all locations are shown on the attached exhibit. Please contact me if you have any questions. Sincerely, Jesse Fulcher Rausch Coleman 4058 N. College Avenue — Fayetteville, AR 72703 — Office: 479-455-9090 — Fax: 479-455-2026 www.rauschcolemanhomes.com City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0994 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.6 23 W 5TH STREET QOZB, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 23 W 5TH STREET QOZB, LLC FOR THE EXTENSION OF A SEWER LINE NEAR THE CORNER OF SOUTH BLOCK AVENUE AND WEST 5TH STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $16,898.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,379.60 WHEREAS, 23 W 5th Street QOZB, LLC is developing a lot along the alley that lies south of 5th Street and east of Block Street and a sewer line needs to be extended approximately 108 feet to facilitate this development; and WHEREAS, staff recommends a further extension of the sewer line beyond the property frontage which will facilitate future development in the area; and WHEREAS, the City proposes to enter into an agreement with 23 W 5th Street QOZB, LLC to refund an amount of up to $16,898.00, which represents the estimated cost of improvements that exceed the rough proportionality of the development's impact. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a cost share agreement with 23 W 5th Street QOZB, LLC, for the extension of a sewer line with a refund in an amount not to exceed $16,898.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and further approves a project contingency in the amount of $3,379.60. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-0994 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/12/2020 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a cost share agreement with 23 W 5TH STREET QOZB, LLC in an amount not to exceed $16,898.00 for the extension of a sewer line near the corner of South Block Avenue and West 5th Street, and to approve a project contingency in the amount of $3,379.60. 5400.720.5700-5815.00 Account Number 04039.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Water and Sewer Fund Water/Sewer Impact Fee Cost Sharing Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 3,551,352.00 $ 2,974,015.91 $ 577,336.09 $ 20,277.60 557,058.49 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: November 12, 2020 CITY COUNCIL MEMO SUBJECT: 23 W 5th Street QOZB, LLC — Sewer Cost Share Near South Block Avenue and West 5` Street RECOMMENDATION: Staff recommends approval of a cost share agreement with 23 W 5TH STREET QOZB, LLC in an amount not to exceed $16,898.00 for the extension of a sewer line near the corner of South Block Avenue and West 5th Street, and to approve a project contingency in the amount of $3,379.60. BACKGROUND: 23 W 5th Street QOZB, LLC is developing a lot along the alley that lies south of 5th Street and east of Block Street. The sewer line needs to be extended to facilitate this development. DISCUSSION: This particular development requires approximately 108 linear feet of sewer to reach the project site. The City's portion of the cost share would be the 45 linear feet beyond the property frontage, downstream (offsite) of the development. This represents 41.7% of the total sewer needed, and is the basis for the cost share percentage rationale. Staff recommends approving the cost share in an amount not to exceed $16,898.00 to extend the sewer line and facilitate the development of this property and future developments in the area, and also recommends a project contingency in the amount of $3,379.60 in the event substantial rock or unknown circumstances require existing utilities to be relocated. BUDGET/STAFF IMPACT: Funds are available in the Water/Sewer Impact Fee Cost Sharing account within the Water & Sewer Fund. Attachments: Cost Share Agreement Exhibits Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE OF SEWER MAIN INSTALLATION COSTS This Agreement, made and entered into on this day of December, 2020, by and between the City of Fayetteville, Arkansas ("City") and 23 W 5TH STREET QOZB, LLC ("QOZB"), witnesseth: WHEREAS, QOZB has requested that the City share in the cost of constructing an 8-inch sewer main near the comer of South Block Avenue and West 51' Street, a distance of approximately 110 feet, so that QOZB may develop the property located at the southeast comer of South Block Avenue and West 5a' Street; and WHEREAS, the development only requires approximately 63 feet of sewer line but City staff recognizes that constructing an additional 47 feet of 8-inch sewer main will allow development of this property, will extend sewer service to an area in the core of the City that has never been served before, and will also provide for ample future capacity which the City recognizes will be necessary for the area that is served by this sewer main; and WHEREAS, § 51.113 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size larger than required to service subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the sewerage system." NOW, THEREFORE, the City of Fayetteville, Arkansas and 23 W 5TH STREET QOZB, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse 23 W 5th Street QOZB, LLC for 41.7% of the cost to install approximately 108 linear feet of 8-inch sewer main in the area identified in Exhibit "A" up to a maximum -not -to -exceed amount of $16,898.00, as was estimated by the builder's representative and shown on Exhibit `B", attached. B. Payments due to 23 W 5th Street QOZB, LLC, shall be remitted within sixty (60) days after receipt of valid invoices. 2. 23 W 5TH STREET QOZB, LLC agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable sewer main installation, including submittal of plans and specifications to the City's Engineering Department, per their standard procedures. B. Provide a copy of the invoices from the Contractor upon City approval of the water main upgrade. Pagel of 2 C. Pay for the sewer main installation (with reimbursement of 41.7% of the cost by the City of Fayetteville in a not -to -exceed amount of $16,898.00. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: 23 W 5TH STREET QOZB, LLC CITY OF FAYETTEVILLE, ARKANSAS By: �dSLdw�, y: LOREL DOWDEN HOFFMAN, Manager ATTEST: -1 By: A P i p 0 -R LIONELD JORDAN, Mayor ATTEST: By: KARA PAXTON, City Clerk Page 2 of 2 EXHIBIT A LATERALA W .�. f GRAPHIC SCALE WE REVIEWEOFORMIN"UM FAYETfEVILLE ENGINEERING G Josh E.I. ® 020 o July�3, 0•e,020 m MPPROVED JORGENSEN EXHIBIT B '24WSunSuite 5 Fayettevillee,,AR R 72703703 ♦ 127 +ASSOCIATES wwwOff,iorgensen sso www.lorgensenassoc.com Civil Engineering Survey rig Established 1985 November 3, 2020 City of Fayetteville Development Services 113 West Mountain Street Fayetteville, AR 72701 Re: 23rd 51h Street Sewerline Extension In regards the sewerline extension along the alley that lies south of 5th street and Block street, we are kindly seeking a cost share with the city for this extension. With the city's goal of creating in -fill, part of the growth pains involve ensuring that development can be served by public utilities. In this case, the lots that have recently been rezoned to encourage such infill along 5th street do not have adequate access to public sewer — by extending a new main along this alley, these lots will be able to be served by public sewer. While this particular expenditure is currently be incurred by one developer (23 W 51h Street Cl LLC), we think that it is reasonable to anticipate further redevelopment of this block, therefore we are asking that a portion of this extension be cost shared by the City to help encourage this redevelopment in the future. Total Estimated Cost: $35,724 Engineering, Surveying, Inspection Cost: $4,800 Total Estimated Cost: $40,524 Based on the linear feet of line being ran (108') and the linear feet of property fronting the sewer main (63'), we believe that an appropriate cost share would be as follows: Developer's portion: 58.3% Cost share portion: 41.7% We are kindly asking that the City cost share the proportional difference in this extension: 41.7% of $40,524 for a total of $16,898. We also are seeking to allow a provision for overruns to be cost shared in the event that substantial rock is encountered if unknown circumstances require existing utilities to be relocated. Please review at your convenience and let us know how we can be of further assistance for this project. J O R G E N S E N 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 2.9127 +ASSOCIATES Office: rgens nasso www.jorgensenassoc.com v Civil Engineering Surveying Established 1985 Below are the results of the bid for the 23rd W 5th Street QOZB, LLC Sewer Extension MH Backhoe Bid Sewer Item # Description Quantit Unit Unit Price Amount 1 8" Sanitary Sewerline SDR-26 PVC w/ backfill 108 LF $28 $3,024 2 Sawcut Asphalt, Mill and Overlay, Patch 1 LS $9,262 $9,262 3 Manhole 2 EA $3,500 $7,000 4 4" Sanitary Sewer Wye 2 EA $450 $900 5 Split Encasement 20 LF $240 $4,800 6 Clean & Test SWR 1 L.S. $1,200 $1,200 7 Bond 1 L.S. $1,000 $1,000 8 Rock Excavation 10 CY $300 $3,000 9 Residential Driveway 1 LS $1,800 $1,800 10 Gravel Driveway 144 SY $25 $3,600 11 Clear and Grub, Erosion Control, Tree Preservation 1 LS $5,200 $5,200 Total $40,786 Deduct for T-Patch in -lieu of line item 2: T-Patch = $4,200. Total = $35,724 Petree Construction Bid Sewer Item # Description Quantity Unit Unit Price Amount 1 8" Sanitary Sewerline SDR-26 PVC w/ backfill 108 LF $192.03 $20,739.24 2 Sawcut Asphalt, Mill and Overlay, Patch 1 LS $14,068.14 $14,068.14 3 Manhole 2 EA $5,550.00 $11,100.00 4 4" Sanitary Sewer Wye 2 EA $832.50 $1,665.00 5 Split Encasement 20 LF $370.74 $7,414.80 6 Clean & Test SWR 1 L.S. $4,633.14 $4,633.14 7 Bond 1 L.S. $6,298.14 $6,298.14 8 Rock Excavation 10 CY $388.50 $3,885.00 9 Residential Driveway 1 LS $9,809.07 $9,809.07 10 Gravel Driveway 144 SY $66.60 $9,590.40 11 Clear and Grub, Erosion Control, Tree Preservation 1 LS $17,360.40 $17,360.40 Total $106,563.33 Sweetser Construction Bid Sewer Item # Description Quantity Unit Unit Price Amount 1 8" Sanitary Sewerline SDR-26 PVC w/ backfill 108 LF $175.00 $18,900.00 2 Sawcut Asphalt, Mill and Overlay, Patch 1 LS $16,000 $16,000.00 3 Manhole 2 EA $5,200.00 $10,400.00 4 4" Sanitary Sewer Wye 2 EA $700.00 $1,400.00 5 Split Encasement 20 LF $405 $8,100.00 6 Clean & Test SWR 1 L.S. $4,200.00 $4,200.00 7 Bond 1 L.S. $3,195.00 $3,195.00 8 Rock Excavation 10 CY $325.00 $3,25.00 9 Residential Driveway 1 LS $8,900.00 $8,900.00 10 Gravel Driveway 144 SY $65.00 $65.00 11 Clear and Grub, Erosion Control, Tree Preservation 1 LS $26,000.00 $26,000.00 Total $109,705.00 OF THE MEMBERS OF 23 W 5TH STREET OOZB, LLC The undersigned, constituting the all the members (collectively, the "Members") of 23 W 5TH STREET QOZB, LLC, an Arkansas limited liability company (the "Company'), do hereby (i) consent to taking action on the following resolutions without a meeting, (ii) indicate the vote of the undersigned in favor of such resolutions, and (iii) direct that this consent be filed with the minutes of the proceedings of the members of the Company. BE IT RESOLVED that Lorel D. Hoffman, as manager of the Company, be and hereby is authorized and directed to execute, on behalf of the Company, all contracts, agreements, promissory notes, deeds, mortgages, security agreements, financing statements, assignments, guaranties and all other instruments as may be necessary or convenient in connection with any sale, purchase, lease, or other acquisition or disposition of any asset by the Company; FURTHER RESOLVED that Lorel D. Hoffman, as manager of the Company, be and hereby is authorized, on behalf of the Company, to execute such contracts, agreements, promissory notes, deeds, mortgages, security agreements, financing statements, assignments, guaranties and all other instruments as may be necessary to conduct the business and affairs of the Company; FURTHER RESOLVED that Lorel D. Hoffman, as manager of the Company, be and hereby is authorized, on behalf of the Company, to open such bank accounts as she may deem necessary, in the name of the Company and obtain any and all information relating to current bank accounts or any other financial accounts in the name of the Company; and FURTHER RESOLVED that Lorel D. Hoffman, as manager of the Company, be and hereby is authorized, on behalf of the Company, to sign checks or drafts drawn on any bank account of the Company and negotiate, endorse, assign, and deposit in the name of the Company, all checks, drafts, notes, and other negotiable paper payable to the Company. This Written Consent shall have the same force and effect as a unanimous vote of the Members and may be stated as such in any articles, certificates or other documents filed in accordance with applicable law or otherwise delivered by the Company. This Written Consent may be executed in two or more counterparts, each of which shall be deemed an original, but shall constitute one and the same instrument. Facsimile and electronic signatures (i.e., PDF) to this Written Consent shall be valid. [Signature Page Follows] -I- IN WITNESS WHEREOF, the undersigned have executed this Written Consent effective as of the November 10, 2020. MEMBERS: MEETING STREET QOF, LLC, an Arkansas limited liability company By: Name: Lorel Hoffinan Title: Manager VIA BODONI QOF, LLC, an Arkansas limited liability company By: JM4L Name: Lorel Hoffinan Title: Manager [Signature Page to Written Consent] TRANSFER OF ORGANIZATION RIGHTS I, Scott M. Lar, do hereby transfer, assign, and set over unto Lorel Hoffman, all of my rights as an organizer of 23 W. 51h Street QOZB, LLC. Dated: March 16, 2020. <;z Sco M. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1009 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C.7 DUSTIN DAVIS AND RYAN YOUNGBLOOD DAVIS: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND DUSTIN AND RYAN YOUNGBLOOD DAVIS TO ACQUIRE ABOUT 0.72 ACRES OF LAND LOCATED NEAR FIRE TOWER ROAD/COUNTY ROAD 4343 FOR THE CONSTRUCTION OF A NEW BENSON MOUNTAIN WATER SUPPLY TANK IN EXCHANGE FOR A PAYMENT OF $23,000.00 PLUS CLOSING COSTS, THE CONVEYANCE OF A CITY -OWNED 0.06 ACRE PARCEL, AND OTHER CONSIDERATION WHEREAS, the City of Fayetteville needs to purchase property for a new Benson Mountain water supply tank; and WHEREAS, City staff identified a parcel of land near the current water tank site owned by Dustin and Ryan Youngblood Davis who have agreed to convey the approximately 0.72 acre parcel to the City in exchange for the City's agreement to pay them $23,000.00, convey the 0.06 acre parcel on which the current water tank, set three water taps at no cost, and pay for minor utility pole relocations associated with the project. 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 and authorizes Mayor Jordan to sign a Land Sale Agreement with Dustin Davis and Ryan Youngblood Davis, a copy of which is attached to this Resolution, to allow the City to acquire approximately 0.72 acres located off Fire Tower Road/County Road 4343 for the construction of a new Benson Mountain water supply tank, in exchange for the City's agreement to pay them $23,000.00 plus closing costs, convey the 0.06 acre parcel on which the current water tank, set three water taps at no cost, and pay for minor utility pole relocations associated with the project. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-1009 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/12/2020 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract between the City of Fayetteville and Dustin Davis and Ryan Youngblood Davis for a land swap/property purchase in the amount of $23,000.00 for the new Benson Mountain water supply tank. Budget Impact: 5400.720.5600-5805.00 Water and Sewer Account Number Fund 10006.1 Benson Mountain Pressure Plane Upgrade Project Number Project Title Budgeted Item? Yes Current Budget $ 806,452.00 Funds Obligated $ 624,948.30 Current Balance 181,503.70 Does item have a cost? Yes Item Cost $ 23,000.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 158,503.70 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: November 12, 2020 CITY COUNCIL MEMO SUBJECT: Davis Land Swap Agreement for Water Storage Tank RECOMMENDATION: The staff is recommending approval of a contract between the City of Fayetteville and Dustin Davis and Ryan Youngblood Davis for a land swap/property purchase for the new Benson Mountain water supply tank. BACKGROUND: In July 2019, the City Council approved a negotiated land swap agreement between the City of Fayetteville and Dustin and Ryan Youngblood Davis to allow the new Benson water storage tank to be constructed, and the old standpipe demolished. This negotiation was based on an appraisal done in January 2019. A property closing was pending other nearby easements, and Mr. Davis asked to cancel the agreement and begin new negotiations in 2020 due to the age of the appraisal. A new appraisal was conducted, and now Mr. Davis has signed a revised agreement for the terms associated with this property swap. DISCUSSION: The City would purchase a larger 0.72 acre tract and relinquish its existing 0.06 acre tract for a net appraised value of $23,000.00. The City also agrees to set 3 water taps at no cost and pay for minor utility pole relocations associated with the project. BUDGET/STAFF IMPACT: Funds are available in the Benson Mountain Pressure Plane Upgrade account within the Water & Sewer Fund. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LAND SALE AGREEMENT This Land Sale Agreement is made and entered into by and between the City of Fayetteville, Arkansas, an Arkansas municipal corporation (hereinafter "City" or "Fayetteville") Dustin Davis and Ryan Youngblood Davis (hereinafter "the Sellers"). TERMS AND CONDITIONS 1. PURCHASE AND SALE Subject to the terms and conditions, mutual promises and covenants of this Agreement, the City of Fayetteville agrees to purchase, and the Sellers agree to sell, the following described property ("Tract A"): A part of the East Half (E'/2) of the East Half (E'/:) of the Southeast Quarter (SE'/4) of the Southeast Quarter (SE'/4) of Section 27, Township 17 North, Range 28 West, Washington County, Arkansas being more particularly described as follows: Commencing at the Southeast corner of said Southeast Quarter; thence along the south line of said section N89°42'41"W, 69.01' to the Point of Beginning; thence continuing on said south line N89°42'41"W, 262.43'; thence N00°12'23"W, 224.90% thence S57°15'29"E 73.79'; thence S47°11'47"E, 274.20' to the Point of Beginning, containing 0.72 acres more or less. 2. PURCHASE PRICE AND ADDITIONAL CONSIDERATION Subject to the terms and conditions, mutual promises and covenants of this Agreement, the City agrees to purchase the Property for TWENTY-THREE THOUSAND DOLLARS ($23,000.00) to be paid to the Sellers by the City on or before the Closing Date. The City also agrees to convey to Sellers the following described property ("Tract B"), subject to the conditions set forth in this Agreement: A part of the Southeast Quarter (SE'/4) of the Southeast Quarter (SE'/4) of the Section 27, Township 17 North, Range 28 West, Washington County, Arkansas described as beginning at an existing iron pin which is North 43032124" West 271.61 feet from the Southeast corner of said 40 acre tract; thence South 0°49'58"E 69.71 feet to an existing iron pin; thence North 47°28' 19"West 103.12 feet to a set iron pin; thence East 75.00 feet to the point of beginning, containing 0.06 acres, more or less. (Description taken from a survey by Douglas G. Hemingway on October 31, 1996, and which was provided to the parties hereto) The City shall coordinate with Ozarks Electric and pay for the relocation of three power poles located on Tract B and provide 3 water taps to Sellers at no cost. The concrete slab located on Tract B shall remain in place. 3. CONTINGENCY This contract is contingent upon approval by the Fayetteville City Council. 4. CLOSING DATE AND PLACE Closing shall occur within 120 days following the date this Agreement has been approved by the Fayetteville City Council. City staff will add approval of this transaction to the next available City Council agenda following execution of this agreement by the Mayor. The Closing shall occur at 113 West Mountain Street, Fayetteville, Arkansas in a room supplied by the City of Fayetteville or at another location agreed upon by the parties. The Closing Date may be extended upon the mutual agreement of the parties. 5. DATE OF POSSESSION, • LEASE FOR EXISTING WATER TANK Possession of Tract A shall be delivered to the City of Fayetteville on the Closing Date free of any tenancies or other third party possessory rights. The City will execute and deliver a warranty deed for Tract B to the Sellers at the time of closing free of any third -party possessory rights; however, the City shall retain a leasehold interest on Tract B for a period of eighteen (18) months after the execution of this agreement for the purpose of accessing, maintaining, and continued operation of the active water system during construction of the new water tank on Tract A, as well as verifying successful dismantling and removal of the water tank and all related equipment on Tract B when the new water tank is operational. As consideration for the City's 18-month lease of the tank site and right of entry, City agrees to pay the total amount of $100.00, which shall be paid at the time of closing. City may extend its leasehold agreement at its option and shall pay the amount of $100.00 per month, or any part of a month, for the extension period. The holdover payment shall be calculated through the date City verifies the removal of the water tank and associated equipment and fencing and the extension payment, if any, shall be remitted to Sellers within thirty (30) days. Sellers shall have the right of possession at the time the City's water tank, equipment, and fencing have been removed from Tract B and the City shall no longer have any interest in Tract B. 6. TITLE INSURANCE The Sellers shall order a title commitment on Tract A, as soon as practicable following the full execution of this Agreement, through Bronson Abstract. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), The Sellers shall have thirty (30) days from the date of the City notice of such defects to make a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If such defects are not cured within thirty (30) days, the City may terminate this agreement or may, at its election, take title subject to any such defects. The cost of the title commitment and the cost of the owner's title policy shall be borne by the City. 2 The City shall order a title commitment on Tract B, as soon as practicable following the full execution of this Agreement, through Bronson Abstract. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), City shall have thirty (30) days from the date of the Sellers' notice of such defects to make a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If such defects are not cured within thirty (30) days, the Sellers may terminate this agreement or may, at their election, take title subject to any such defects. The cost of the title commitment and the cost of the owner's title policy shall be borne by the City. DEED, TAXES, CLOSING COSTS, AND OTHER DOCUMENTS On the Closing date, the Sellers shall convey marketable and insurable title to Tract A by general warranty deed, free and clear of all liens, restrictions, and encumbrances except easements and rights -of -way of record, or as provided in this Agreement. On the Closing date, the City shall execute a warranty deed conveying marketable and insurable title to Tract B by general warranty deed, free and clear of all liens, restrictions, and encumbrances except easements and rights -of -way of record, or as provided in this Agreement. Taxes and special assessments due for the parcels on or before the date of closing shall be paid by the party selling the parcel. Ad valorem taxes shall be prorated as of the date of closing. The City bear the cost of a reasonable closing fee imposed by Bronson Abstract and the City shall be responsible for any revenue stamps resulting from this transaction and all recordings fees for the deed and other documents that need to be filed. 8. RISK OF LOSS Risk of loss as to Tract A and Tract B shall remain with the party who owns the tract until the Closing date. 9. THE CITY OF FAYETTEVILLE'S DUE DILIGENCE The City may enter upon the Tract A to conduct any surveying, testing or inspection it deems necessary to ensure the Property will be appropriate and safe. If the City discovers any problems that would adversely impact its development and use of the Property for its facilities, the City shall notify the Sellers who shall be granted sixty (60) days to remediate any problem. The Sellers may also terminate this Agreement without penalty rather than remediating any problem or issue discovered by the City. l o. NOTICES Notices required by this Agreement shall be in writing and shall be delivered to: City of Fayetteville ATTN: Mayor's Office 113 W. Mountain Street Fayetteville, AR 72701 11. AUTHORITY Dustin and Ryan Davis 22014 Tower Road Elkins, AR 72727 Each of the undersigned individuals represent and warrant that they are authorized to enter into this Agreement on behalf of themselves or their respective entities and that execution hereof will bind all parties to this Agreement. 12. COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. 13. FACSIMILE For purposes of executing this Agreement, a scanned or facsimile signature shall be as effective an as actual signature. 14. APPLICABLE LAW This Agreement shall be construed and enforced in accordance with the laws of the State of Arkansas with venue in Washington County, Arkansas. 15. SURVIVAL The representations, warranties, and agreements of the parties contained herein shall survive the closing date. fl.�iY�i[1LDILi<y The waiver by either party hereto of any condition or the breach of any term, covenant or conditions herein contained shall not be- deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. 17. TIME OF ESSENCE Time is of the essence in this Agreement. N 18. INVALIDITY If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity, it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. 19. COMPLETE AGREEMENT All understandings and agreements heretofore existing between the parties are merged into this Agreement that alone fully and completely expresses their agreement. This Agreement may he changed only in writing signed by all of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to the City at closing. IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale Agreement and after being properly authorized by the Fayetteville City Council, the Mayor and City -Clerk Treasurer of the City of Fayetteville, Arkansas, Purchaser, sign their names below: PURCHASER: CITY OF FAYETTEVILLE, ARKANSAS Lioneld Jordan, Mayor Date: ATTEST: as Kara Paxton, City Clerk -Treasurer IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale Agreement, Sellers sign their names below: SELLERS: Date: §,tin Davy 0^/'� Date: / Ry n Yhg' lood Davis GOSHEN R.— A—il ion fp—' But) Me Get 4.01 X I/j) M Me Splpygr W. (SE fA) of the Southeast Goo -ter (SE 1/10 01 56Wwe 27 n lw-e* binernw (17) Narth Range Twwty-eight (28) W t WMmglw Caunty, Alrkonsax S AND EXCEPT A part of the SE 1/4 of the W 1/4 of 9edim 27, Tbwnshio 17 North, Rm91 28 West bang mwe pe tioelwfy ytea'ln/ ei taA s W Fiom Me SE comer of Me SE 1/4 of the SE f/4 d said S.U. T7, nee M]�74Y a distwce of 27L61' to Me PoW of Beghnhg, th,nae sow T MR 1 61 set kw pin; tAence N4778T9'W a dtetwn of 10112' to 0 set iron pb4 thus, East 75.00' to Me Poht of Beginning, cmt hk3g 0.05 owes, tootew fees excepted hereh. LESS ANO EXCEPT' Me Aa,f Hoff of the Eoet Holf of Me Sartheoet Wettw of the SauMeoet Quarts of Secfbn 27. Tawnohip 17 North, Rouge 28 West, WbMb9tw 1-1r A'*— being more portiwlady _o,med as fellows, to-nY: Beghnbg of a petit N8942'41"W Ml.44' kom the Swtheaet comer of witl bky awe hart wd m ebrg throe, NM'42'41 "W Mf.44;,- thence N007029"W 1J22.11; thence 58954071E MaV ; 6b W nt}!IC LIMIT, W Be ! d begmehg• cwtddn9 10.05 acres, mwe > AM U'J8 Alp G%VPF, A yri N tlr M Hwf (E 1/4) of Me Swthoo" Wwrwiw 1pJJ W 64t SadAwak Warr (SE 1py d Seeelw 27 h TowneAlp Seewlten (17)NWf4 +�e9e r.rery-.9rr (ay wre i.fy mwe porttedady dex ed os fellows Cwnmencrng at the SE oet,— of Me SE 1/4 a sold 5ection 27,� thence dwg Me east line of sold section NOOT4'M W 12JLJI' to the centedb of fire Tower Rood aM the point of beginning; thnca olwg said _'eel/ a don, a tune to Me /elf haMrg a rtMbls of 939. I3' ond a Morel bearing wd distwce of 565U9'52"W 62.33;'. thence S63'45'45W..87; th— lwdng said centwlbe NW707"W 25J91; thnce 5895223E 330.73' to Me east the of seV _toe Mence dwg sold eost /be S0074133"E 9 72, to Me Poht of Begbnbg, contahhg 1.3J acres mwe on less �9u A of He fw1 Ho R Im 0 A. Ehtr A Wf X tv o1 No $wft It 01-w (% I J N ow SeulAngl awry (SC 1/41 N &cIYW fl, p/� r7 Nd lA IF ge 2r ✓IrL rew:waw swap A.wwtw betty �+v*�7arra4ed n tiara.+: QyhAgaw aMw•1ki '— f Aairg' me eM V, G.Or N4L]T'4z"S ym" Itrwke kS7Y wlac 7171'rb tits ewt try. M edd eww h d me wd d A rams, a^+g Tile srYd wt mdit" "Lew "AMC, "ASP' N W hly ft 1mw A t � " eael tNSM'4 'r.. jot.dT, rbwr ey k4v eMep mq [nw-"0 ee Me rgwt wewq a rga4n N 9 IS"o ryYbro OIYhg Ore Perm(w It t4 wvT e2Ar fo fee .set Oro d 4ad ,esker d oWl sad ever pp1r73'& L23r.W v the Pghf of &.0W'g. —Mtiy AN emw mwe r tees r r3 • wrr wr a�. � f HMf (E 1/2J a the rawf Ndf P r/2) of row w,mnRlf ae+l. (5( H i ev Me sa,ta.rsr tk,�r.. (.g I/y of setw�; rewnrr rr Nw.*, Regf ]e ItE.r.iunrA Arkmew 4 oleo -toed m rwe.� ae.of.: wf f m" „ff o �swr okra: rbe ee re+q M. rMM eed M eeelkn OW--Krf'& -4 fe RA- Pahl N 0epna�g tne•ee e4nlAwnp w YJ 7,rots B+e A9pi'r2YI'■ 26R� Mnee K17v173'R a. 9o. Mf.xw SlRS}2'L r3 Tg: b+w.n Seitf �7•C 2T/,70 Iv Mw Powf W rybr:M, mfviap Olt erw met. r n: Mutud Assess £ wnmt A thirty W t (W0 wide Mutual Access Easwnnt lying in the Eeel Hdf (E 1/2) of the fast half (E 112) of the Southooet 0— (SE 1/4) of the Swthea,( sorter (SE 114) of Section 27,, "ZIP 17 North. Range 28 Writ WoMi teI Caunty. Arkweoe Me eentedure of ebkh being mwe po flcvlody described as We— Conn okg at Me Se thmaf come of sold Section 27,, thet. deeg the eoof N. of sold seellon M"W'W'W 69.01' to the petit of Boghnhg; thence N47T1'47'W 27A20'; Mince N579529'W, 7379' to Me west the of mid It hell of Me east haf and Me Pohl of T inotim. eert.N g a24 acre, mwe or less. y 90 40 c 80 ® SCALE LEGEND IpF IRON m FWND w9P SET IRON PM Ir r` SU?WE S NW7ER l• 1. Sor d X000rtY daee nor Its wlthb w ide tified Rood hazard wen o, q f to FEMA FWM Pone No O IUCO27 .. Moo Revised AP10 1, 2008. 2. Perimeter pmPeYy cwnwe have been set or noted Mere conditions dlow. Set ' pia (SIP) bdkotes o 3r18" ales mbw wfM yellow plostia coy afwnped .PS 1791'. .i Baas of Bearing: Assumed soots the of Section 27 pe, W y by Bate, & Aeeocbto; Inc., fRe nonrbw 201200035307 A Propwty aabrbct to a Twenty-R7 Feet (25) eetw tra Musa IMe easement being Twelve and One Half Feet (12.5) w eithv side and par d to the plpe oo Wat, pw docomenh /94-011762 wd /98-081275 of the Washbgtw Caunty Records. 5. No resmotie, —to or other reNd0teoe pbe. on IN, property Certificate of Survey Appmwb PARFNIRACT FXGTPiNV AN rogukemenfs of the Goshn Subdi— Regulol;— mloNce to the uosol uuiu a prepwation wd saMnittol of a Su Y ion lot sp/;1 having bwn fuWNe2 TRACT 9#T-hENa£RSaN/MD; .porous/I, this S ' ie hereby prw led. NMn %107Y4 fN£ mtFap �� Goshn . Nay Ran CwfWcate of Ap ,et Regarding Compilonce with T dem Lot Reguiremnfs ALwwwwe n Its aeNew ,AMAtA Regulatims, this docamnt is glum appro,el yt p�we Fke Oepartmnt regarding Me access to Me Dote o1 Execution s,rw,yo:e cwfibaaee ! Andnw ,Il{ArIWe Ardy non prcpased srrmy aomeagr reprwemra ��rrNt LPN. hr4w evrmepvN ntnlme re tie me'+' a oe Dp�_ntsafeed I, pldd a eathetre'td w the trpMly r. m..any d.aw w bw+.d 5-rs-rq Aaaw�`eg�51 a e oA od No. 1791, Arkons Certificate of Owne eho'. We the undarsigxd cavity Mot we ore the owners of Me here-m desmbed IvopMy tAy Owner n,`4�,T i. telA 0wnw ate — �y p' OV' / NOTE WACT2IS A_ FU7URE WATER STORAGE TANK SYTE pr _----_-- PARfN) )FACT EX[YPIIgt �yI/r � � ti VASIX1. JaiilP k wNaav �rRl' _ ---- � W 6233e � Mo}Mr'I,Y f.riRlt ARlN62J5' -0[ TRACT 1 BN Ao- t £MSgNa SmuC1URES AND mR£F 91E MdWOVEMEA LOCAnQVS ARE RASED fW A0.YAL PHDTD AND NAK N01 BEFN fRVI WX4lFD /� RI v—y 7 i wL�r W\\ 1 .. A gA CT 2 �. \1 �20' Bl/ND1NG SEIBAIJ(1i o>F�R.ia 000 )R 1 9£CYANINO 0 'OF A4rf �� � l a�aHAYMINS-MfIR 0 C EnmNc r CORNER SEG 17, R-2B-W SCALE: _ DESIGNED DRAWN B HWEI NO.: DWG NO, SHEET _ City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0854 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C.8 BID #20-83 CROSSLAND HEAVY CONTRACTORS, INC. - 2019 TRANSPORTATION BOND PROJECT: A RESOLUTION TO AWARD BID #20-83 AND AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $4,380,859.87 FOR THE CONSTRUCTION OF THE SAIN STREET EXTENSION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $438,086.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENTS BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #20-83 and authorizes Mayor Jordan to sign a contract with Crossland Heavy Contractors, Inc. in the amount of $4,380,859.87 for the construction of the Sain Street Extension Project, and further approves a project contingency in the amount of $438,086.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 City of Fayetteville Staff Review Form 2020-0854 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Paul Libertini 11/9/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: A Resolution to award Bid #20-83 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $4,380,859.87 for the construction of the Sain Street Extension project, to approve a project contingency in the amount of $438,086.00, and to approve a Budget Adjustment. 4602.860.7213.5809.00 4470.800.8835-5809.00 Account Number 46020.7213 / 06035.7213 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: Budget Impact: 4602-Streets Project 2019 Bonds 4470-Sales Tax Capital Fund Sain Street Extension Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 50,398.00 $ 40,397.00 10,001.00 $ 4,818,945.87 $ 5,113,033.00 304,088.13 V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engineer_L?o_C DATE: November 9, 2020 CITY COUNCIL MEMO SUBJECT: A Resolution to award Bid #20-83 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $4,380,859.87 for the construction of Sain Street Extension project, to approve a project contingency in the amount of $438,086.00, and to approve a Budget Adjustment. RECOMMENDATION: Approval of a Resolution to award Bid #20-83 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $4,380,859.87 for the construction of Sain Street Extension project, to approve a project contingency in the amount of $438,086.00, and to approve a Budget Adjustment. BACKGROUND: On February 3, 2015, City Council approved Resolution No. 33-15 expressing the willingness of the City to utilize Federal -aid funds for the construction of the Sain Street Connection from N. Front Street to Vantage Boulevard. On September 24, 2014, the Northwest Arkansas Regional Planning Commission (NWARPC) awarded this project $320,000 from the FFY 2015 STP-A (Surface Transportation Program - Attributable for the Design and Environmental phases. This Federal -aid program is administered through the NWARPC. On September 23, 2015, the NWARPC awarded this project an additional $160,000 from the FFY 2017 STBGP-A (Surface Transportation Block Grant Program -Attributable) for Right -of -Way and Utilities. On July 25, 2018, the NWARPC awarded this project an additional $475,000 of FFY 2019 STBGP-A funds for Right -of -Way. On July 24, 2019, the NWARPC awarded this project an additional $2,286,512 of FFY 2020 STBGP-A funds for Right -of -Way ($286,512) and Construction ($2,000,000). Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 On July 22, 2020, the NWARPC awarded this project an additional $2,500,000 of FFY 2021 STBGP-A funds for Construction and Construction Management Services. The above Federal -aid funds yield a subtotal of $5,741,512.00. Additionally, the City was successful in petitioning the FHWA (Federal Highway Administration) to transfer the unspent balance of $115,986.00 of Federal -aid from the FEEDC (Fulbright Expressway Economic Development Corridor) project which was completed in 2014. The total Federal -aid funding for this project is therefore $5,857,498.00. DISCUSSION: On Wednesday, November 4, 2020, the City received two (2) construction bids for this project. Crossland Heavy Contractors, Inc. submitted the low bid which was approximately 11% below the Engineer's Estimate of $4,945,876.00. Engineering staff recommends awarding this contract to Crossland Heavy Contractors, Inc. The contract time is 390 days (13 months) for final completion. Please note that as part of the Federal -aid process, the Mayor will be submitting the required Certification Letter to the Arkansas Department of Transportation (ARDOT) requesting their review of the bid tabulations and concurrence in award of the contract to Crossland Heavy Contractors, Inc. The actual execution of the construction agreement will occur after receipt of ARDOT concurrence. BUDGET/STAFF IMPACT: This project is based on an Agreement of Understanding with ARDOT in which Federal -aid money will pay 80% of the contract amount and the City will pay a 20% match. The City will have to make payments to the Contractor and the Consultant, and then submit the required paperwork to ARDOT requesting 80% reimbursement. The City 20% matching funds for the roadway improvements will be paid from the Streets Project 2019 Bonds Fund. The total Federal -aid amount being recognized in the associated Budget Amendment for this item is $4,515,986. Additionally, the Budget Amendment will also recognize escrow funds of $268,271.68 collected from property owners for bridge improvements over Mud Creek which is part of the Sain Street Extension project. Attachments: Signed Construction Agreement — Document 00500 Appendix A, Bid #20-83 — City Bid Package Appendix B, Bid #20-83 — Bid Submittal — Crossland Heavy Contractors, Inc. Appendix C, Bid #20-83 — Recommendation for Award DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: SAIN STREET EXTENSION (FAYETTEVILLE) (S) Contract No.: THIS AGREEMENT is dated as of the day of in the year 2020 by and between The City of Fayetteville, Arkansas and Crossland Heavy Contractors, Inc. (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall compete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The contract consists of approximately 1950 L.F. of roadway construction from Frontage Road to Joyce Boulevard, along with a 320 L.F. new bridge over Mud Creek and associated structures, construction of associated earthwork, curb and gutter, sidewalk and enclosed drainage. Additionally, an approximately 780 L.F. of 12' wide concrete trail will be constructed along with concrete block gravity retaining wall and lighting. Minor utility service work will need to be completed as part of the roadway construction. A signal pole and mast are to be constructed, with associated items at the southwest corner of Joyce Boulevard and Vantage Drive. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by the City of Fayetteville, Engineering Division, who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 00500 Agreement 00500- 1 Sain Street Extension DOCUMENT 00500 —AGREEMENT (continued) 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 330 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 390 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, the City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the remainder of the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the 00500 Agreement 00500-2 Sain Street Extension DOCUMENT 00500 —AGREEMENT (continued) actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation 00500 Agreement 00500-3 Sain Street Extension DOCUMENT 00500 — AGREEMENT (continued) satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or 00500 Agreement 00500-4 Sain Street Extension DOCUMENT 00500 — AGREEMENT (continued) relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 00500 Agreement 00500-5 Sain Street Extension DOCUMENT 00500 — AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. d. Federal funding documentation e. Appendix A — City Bid Package f. Appendix B — Bid Submittal from Crossland Heavy Contractors, Inc. g. Appendix C - Recommendation for Award, City Purchasing Division 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 00500 Agreement 00500-6 Sain Street Extension DOCUMENT 00500 —AGREEMENT (continued) 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: SAIN STREET EXTENSION (FAYETTEVILLE)(S) 8. Addenda numbers one (1) to three (3), inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its 00500 Agreement 00500-7 Sain Street Extension DOCUMENT 00500 — AGREEMENT (continued) partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. 00500 Agreement 00500-8 Sain Street Extension DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on Date of the Agreement. Tale:'President, Crossland Heavy Contractors, Inc. _.� (SEAL) Attest *k"'� jk#u%j P*Vus SCc Qt 4i 4 Address for giving notic s Q.D • fox 3�D �' o1v�,1�x�,1ZS t�l�7as 2020, which is the Effective CITY OF FAYETTEVILLE By: Lioneld Jordan Title: Mayor (SEAL) Attest Address for giving notices License No. 0067301121 (attach evidence of authority to Agent for Service of process (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500 Agreement Sain Street Extension sign and resolution or other documents authorizing execution of Agreement) 00500-9 Contract for Bid 20-83 Appendix A City Bled Package Bid 20-83, Addendum 1 Date: Monday October 26, 2020 W4W To: All Prospective Vendors From: Les McGaugh-479.575.8220—Imcgaugh@favetteville-ar.gov RE: Bid 20-83, Construction —Sain Street Extension CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. b(Q 1. The Engineer of Record's Addendum #1 is attached. ,v 2. Bid 20-83, File 04 — CAD Files is now on Bonfire. O 3. A non -mandatory pre -bid meeting was held on Tuesda Oct r 20, 2020 at 10:00 AM for that meeting is attached. . 6► P O � Q � P � o Q� G City of Fayetteville, AR Bid 20-83, Addendum 1 Page 111 The list of particpants Telecommunications Device for the Deaf TDD (q79) 52T-1315 1 ] 3 West Mountain - Fayetteville, AR 72701 McCLELLAND NEE,ONSULTING I I I . ENGINEERS, INC. ADDENDUM NO. 1 October 23, 2020 City of Fayetteville Sain Street Extension (Fayetteville)(s) Fayetteville, Arkansas JOB 040688 BID #20-83 To All Plan Holders of Record: The Contract Documents are clarified as follows: SUPPLEMENTAL INFORMATION: 1. Zip file (040688- Sain St Extension- Surface for Bid- Oct 2020.zip) is being provided with an AutoCAD file containing an exiok'ng surface and a combined existing and roadway surface. • 2. These electronic AutoCAD files are being rod as a courtesy to bidders for informational purposes and do not consti part of the complete bid % documents. Engineer makes no state n r certification as to the completeness or accuracy of theset�es. he bidder assumes all risk for any use of or reliance on these AutoCAD T k.Jh the preparation of their bid. If any differences exist between the X CAD �nd t (ns, specifications, or project manual, then the co le bid d cu ents b of the plans, specifications, and prof c ual ern. 3. The User agrees not to the el�r nic fi whole or in part, for any purpose other than fthe abov ed P The User agrees not to transfer these electronic fits Others ut written consent of the Consultant. The User furthees to a e all cs against the Consultant resulting in any way from �� un ut r� qh es Qto or reuse of the electronic files for any other proteey anyo r Consultant. 4. In ad ' 'd�i�he User a ees, t ullest extent permitted by Laws or Reg ati ns, to indemnify an ho d harmless the Consultant, its officers, directo employees, an u onsultants (collectively, Consultant) against all damages, liabilities o co , including reasonable attorneys' fees and defense costs, arising from an anges made by anyone other than the Consultant or from any reuse of the electronic files without the prior written consent of the Consultant. SPECIFICATIONS: None PLAN SHEETS: None This Addendum No. 1 consists of two pages of written documentation. Except as amended by this addendum, the requirements of the project as set forth in the original bid documents shall remain in effect. This addendum must be acknowledged in the space provided on the Bid Form. Page 1 of 2 Eric Anderson, P.E. Date: Attachment: Date: Bidder: Received By: Date: ..a Page 2 of 2 Meeting ID Topic Start Time End Time 98247923656 Pre -Bid Meeting: Bid 20-83, Construction -Sain Street Extension 10/20/2020 9:54 10/20/2020 10:34 Duration Name (Original Name) User Email Join Time Leave Time (Minutes) Les McGaugh Imcgaugh@fayetteville-ar.gov 10/20/2020 9:54 10/20/2020 10:34 40 Eric Anderson 10/20/2020 9:55 10/20/2020 9:55 1 Eric Anderson 10/20/2020 9:55 10/20/2020 10:34 39 Doug Luetjen 10/20/2020 9:57 10/20/2020 10:00 3 Call -In User-1 10/20/2020 9:57 10/20/2020 10:34 37 Scott Martin 10/20/2020 9:58 10/20/2020 10:00 3 plibertini 10/20/2020 9:58 10/20/2020 9:58 1 19186844184 10/20/2020 9:58 10/20/2020 10:34 36 Travis Rapp 10/20/2020 9:58 10/20/2020 9:58 1 plibertini 10/20/2020 9:58 10/20/2020 10:34 36 Travis Rapp 10/20/2020 9:58 10/20/2020 10:34 36 kslasley 10/20/2020 9:59 10/20/2020 10:00 2 Adonis Bwashi 10/20/2020 9:59 10/20/2020 10:00 1 The Beams ////����1"""0"""/20/2020 9:59 10/20/2020 10:00 1 shawn /20/2020 9:59 10/20/2020 10:00 1 Amanda Beilfuss /20/2020 9:59 10/20/2020 10:00 1 The Beams 10/20/2020 10:00 10/20/2020 10:00 1 Adonis Bwashi O, 10/20/2020 10:00 10/20/2020 10:34 34 Amanda Beilfuss 10/20/2020 10:00 10/20/2020 10:34 34 Scott Martin 10/20/2020 10:00 10/20/2020 10:34 34 kslasley 610/20/2020 10:00 10/20/2020 10:34 34 Doug Luetjen •` 10/20/2 0 10:00 10/20/2020 10:34 34 The Beams 10/2 WJ10:00 10/20/2020 10:34 34 Shawn P 10 0 2010:00 10/20/2020 10:34 34 The Beams • 2010:00 10/20/2020 10:34 34 jgsmith 110/202010:00 10/20/202010:01 1 jgsmith ` 10/20/2020 10:01 10/20/2020 10:34 34 CHC 10/20/202010:01 10/20/202010:02 1 CHC /'�G c/'J� 10/20/202010:02 10/20/2020 10:34 33 vcampbell 10/20/202010:07 10/20/202010:09 2 vcampbell 10/20/202010:09 10/20/2020 10:34 26 BByers • 10/20/202010:17 10/20/202010:20 3 BByers ` 10/20/2020 10:20 10/20/2020 10:34 14 O G G� Bid 20-83, Addendum 2 Date: Thursday October 29, 2020 To: All Prospective Vendors CITY OF FAYETTEVILLE W4W ARKANSAS From: Les McGaugh-479.575.8220—Imcgaugh@favetteville-ar.gov RE: Bid 20-83, Construction —Sain Street Extension This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. Qrb 1. The Engineer of Record's Addendum #2 is attached. ,v 2. The Bid Table (Bid Form) has been revised to reflect the c sin Addendum 2. 3. Trails are to be 12' wide as indicated on the details, not 0 dicated on the plans. � Q � P � o Q� G City of Fayetteville, AR Bid 20-83, Addendum 2 Page 111 Telecommunications Device for the Deaf TDD (q79) 52T-1315 1 ] 3 West Mountain - Fayetteville, AR 72701 NEMcCLELLAND FCONSULTING onamnummu ENGINEERS, INC. ADDENDUM NO. 2 October 28, 2020 City of Fayetteville Sain Street Extension (Fayetteville)(s) Fayetteville, Arkansas JOB 040688 BID #20-83 To All Plan Holders of Record: The Contract Documents are clarified as follows: CLARIFICATIONS: Several questions were posted from potential bidders. Below is are these questions and response: 11b 1. Plans show 18" RCP daylighting at STA 34+9)� d 37+86. Are there supposed to be FES's? i. FES's were omitted due to b it _ a flood prone area and to avoid these being carried away w ream. 2. Plan show 4'x2' RCBC, 4 x3' RC " RCP and 18" RCP converging at 26+80, was there supposed to be a j box a� locati i. The pipes should b c ecte dtectly t t 4'x3' RCBC and a cast -in -place c ion truc nnect the two different sized culverts. conne sh a included in the unit cost for the 4'x3[� B Bid I�(ei1p. 3. Please provide sty` e typexe d A9. These appear to be missing on the bid item i. Thes ct reae oth Junction Boxes. Bid Item quantity rev e o 4. 4. Plans ®126 LF o 18" R`d Item 16 shows 1010 LF. Is 1126 LF correkt. i. id Item 16 sh ifs, 1126 LF, Bid Schedule Revised. 5. How is the 2" conduit o paid, shown in Traffic Signal sheet 68? i. Line Item ad o Bid Schedule for 2" Non -Metallic Conduit. ii. Line Item for Non -Metallic Conduit (1.25") revised to 33 LF 6. What is the foundation detail for the short push button poles? Should these have breakaway bases? i. Reinforcement should match foundation detail and table on sheet SD-11 with following modifications: depth being 5'-0", 12- #7 (4'-6") verticals, 8- #4 horizontal bars, equally spaced. Yes, should be breakaway. 7. Which signs are for "Standard Sign" pay item? i. R3-6 "THRU & RIGHT TURN", R3-5 "LEFT TURN ONLY" 8. Detail for headwall and wingwall for RC Box Culvert? i. Supplemental detail is attached to the end of this Addendum. SPECIFICATIONS: None Page 1 of 2 PLAN SHEETS: None This Addendum No. 2 consists of two pages of written documentation. Except as amended by this addendum, the requirements of the project as set forth in the original bid documents shall remain in effect. This addendum must be acknowledged in the space provided on the Bid Form. Eric Anderson, P.E. Date: Attachment: Headwall-Wingwall Detail Date: e) o��e . .ea a���.+ IN Page 2 of 2 HEADWALL STRUCTURE TABLE 'A' 'B' 'C' 'D' 'E' 4' X 3' RCBC 13'-10 1/2" 6'-0" 19'-10 1/2" 4'-7" 4' X 2' RCBC 10'-7 1/4" 6'-0" 16'-7 1/4" 3'-6" STRUCTURE 3 STRUCTURE 4 #5 @ SET AT SEE PLANS FOR NUMBER OF WALL WITH AND SIZE OF CULVERT I `Ay �0.•JI'� #5@12"O.0 ,V ✓ 1 1 rA'O (MIN) I (MIN) • , _ A 300 B 30' V P ---------------------------------------- - • C - PLAN ELEVATION 7 12" �{ 1Op H #4 REBAR #4 REBAR 12" CORNER BAR T HOOK G #5 @ 8" O.C.B.W Q CORNER BAR 4, 8" D.C. �Q � L #5 BAR 3" Cl-R. FROM BOTTOM CONCRETE HEADWALL W/ BOX CULVERT NTS J HOOK 12" O.C. SECTION A #4 @ 6" O.C. B.W12". COMPACTED GRANULAR MATERIAL WITH GEOGRID NOTES: 1. REBAR SHALL BE GRADE 60 AND HAVE A MINIMUM 2" COVER, UNLESS OTHERWISE NOTED. 2. ALL REBAR SPLICES SHALL BE 30 BAR DIAMETER, UNLESS OTHERWISE NOTED. 3. PROVIDE CORNER BARS AT BOTH WALL CORNERS AND WALL SLAB INTERSECTIONS. 4. ALL'Y HOOKS SHALL BE 85°, UNLESS OTHERWISE NOTED. 5. CONCRETE FOR STRUCTURE SHALL HAVE A COMPRESSIVE STRENGTH OF 3,500 PSI AT 28 DAYS (MIN) W/ 4%-7% AIR ENTRAINMENT. 6. GEOGRID TO BE INSTALLED UNDER RC BOX AND APRON 7. STRUCTURE TO BE CENTERED ON MIDDLE OF PIPE, UNLESS DIRECTED OTHERWISE BY THE ENGINEER OR AS REQUIRED BY FINISHED GRADING. 8. ELEVATIONS AT STRUCTURE ARE AT THE END OF THE APRON. APRON SLOPE TO MATCH PIPE SLOPE, UNLESS OTHERWISE INDICATED. 9. ALL EXPOSED CORNERS TO HAVE %' CHAMFER. 10. VERTICAL/HORIZONTAL BARS SHALL BE DOWELED INTO RC BOX CULVERT WALL AND TOPS. Bid 20-83, Addendum 3 Date: Thursday October 29, 2020 To: All Prospective Vendors From: Adonis Bwashi-479.575.8258—abwashi@favetteville-ar.gov RE: Bid 20-83, Construction —Sain Street Extension CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. �1b 1. The Engineer of Record's Addendum #3 is attached. *41 2. The Bid Table (Bid Form) has been revised to reflect the c Es in Addendum 3. 3. Revised Item Description from No. 4 AWG to Item 85: N G Copper Conductor. � Q � P � O Q� Cj G� City of Fayetteville, AR Bid 20-83, Addendum 3 Page 111 Telecommunications Device For the Deaf TDD t47Rj 521-1316 113 West Mountain - rayetteville, AR 72701 NEMcCLELLAND ECONSULTING --.104177 ENGINEERS, INC. ADDENDUM NO. 3 October 30, 2020 City of Fayetteville Sain Street Extension (Fayetteville)(s) Fayetteville, Arkansas JOB 040688 BID #20-83 To All Plan Holders of Record: The Contract Documents are clarified as follows: CLARIFICATIONS: Several questions were posted from potential bidders. Below is are these questions and responses: 1. Are the lights to be installed on the bridge barrwall essentially the same pole and luminaire as the Mud Creek Trail li f ijust with different mounting configuration? V i. Correct, the lights shouldC of Fayetteville Type A, as indicated in Section SP-14, with ' ent mounting configuration. 2. Where is the power source com fot bridg i. The power is comin f a p II rJbx alo a trail lighting. A revised electric I ligh '' n is ' in this addendum 3. Is the temporary Mud rail v cov nder 2"ACHM surface and 6" Class 7 base course e i ems sep i. All assoc work he ary rerouting of Mud Creek Trail shall bl for u `Tem rary 10' Wide Trail" paid as a Lump Sum. 4. Request thseLo 3 d be allowed as an approved equal to the speci d T� 60? i seLok BX3030 04og d has been approved as an equal to TX160. has not been Ned as an equal to TX7. SPECIFICATIONS: ci Section 00400- Bid Form 1. The following are revisions to Bid Form based on electrical revisions: i. Item 81: 1-1/4" Conduit (Schedule 40 PVC)- Revised quantity to 638 LF ii. Item 83: 9" x 11" Polymer Concrete Pull Box with 2 Pena Bolts - Revised quantity to 7 EA iii. Item 84: No. 8 AWG Copper Conductor- Revised quantity to 1,374 LF iv. Item 85: No. 3 AWG Copper Conductor- Revised Item Description from No. 4, Revised quantity to 2,748 LF PLAN SHEETS: 1. Sheet 103- MUD CREEK TRAIL LIGHTING AND ELECTRICAL PLAN i. Conduit, pull boxes, lights and conductors added to bridge ii. Revised lighting fixture schedule 2. Sheet 103B- MUD CREEK TRAIL LIGHTING AND ELECTRICAL PLAN Page 1 of 2 Added to show extents of bridge lighting and electrical This Addendum No. 3 consists of two pages of written documentation. Except as amended by this addendum, the requirements of the project as set forth in the original bid documents shall remain in effect. This addendum must be acknowledged in the space provided on the Bid Form. Eric Anderson, P.E. Date: October 30. 2020 10% Attachment: Revised Sheet 103: Mud Creek Trail Lighting Electrical Plan; New Sheet 103B: Mud Creek Trail Lighting and Elec4ic plan Date: Bidder: •� e) Received By: —J Date: G� � Q � P � o Q� G G� Page 2 of 2 •�; (s>(acrsrer)inr �una.rsaav� naiaaAvi NOISNH.LXH,LHHN.LSNIVS ¢wa _ _ danii� o e►{ ¢ a w a o n X K' G o 0 r wuaiva SNDSN3tl nra '� mJ si op Y°zF �� w�Fxo zw j5LL F moo �m F6U° ma �� is i�z:w< N € �wwJ w a� ws£ Gm°� x o tom ° �x mo oho ui�sa c° �J LLxpz isoz ° z �° aawoa oLL �s °oyp$a i¢°w z °z z'�au�u mp zg000Oo x o�m p w Gaza YFw F" oo mz� mwoo�Eu'o� oW'�" o Z d'u"a�aa�ooGa o°m t'aG,g u v°uLL ° ol¢ , N3 °2zoo NNad zzn_ m� to im a za?°Gz3o�oJ oo °aa= di w zw ommmm zo °m$�omxizo5o!zrw'� 7rw czp� m6 r a r3ww°uFioO ufot TTI HT :^$uNo�LLzrc=^o �auzi G�wzo�waz -te orzmu �£o F$Na'aFi ��a5�wo °as3i m a o� w�awmt zo_°'u?G S z r �� JzG >� - mz 't ow o"o�'^wyo�o aa;,y ��zo mF'om°>m>zzz�F�uxYfF az-+av�i»Fwa .. o °o.no_�F,F mmsm F ¢ oSzGs°wmaw'° z��oa$o a�awamNw °w w GwwG �zw S� ° aou x z��£m.,gzz� ?fapawm G'm�:-rcom oav�io^ommm ^x x000 m��za ^a3u rcso!3m mNum ma 3°o am » z°m z on maz oaoz�nos �o wa�w 3umrc�n^aumma°imam N o \ ' lb a �a�a / g / " // // / I/ / o z 0 •/. o 0 0 / � o _ ' ,�/�/�► ' - � : 'l i iililllilli/ z C11 � � o00 �` .•// ////////////// T "' aLL / % // =J 10 m / ����/////////// II / III I � � j llI jlIlIIIII � /�, •' m orrttI /// // � v /� / l I 1 Ill111111 u a z w / p / S a NEEM[CLELLAND CONSULTING • ENGINEERS, INC. Submittal Review SAIN STREET EXTENSION (FAYETTEVILLE) (S) PROJ. NO. - 040688 Submittals included in this review: GEOGRID SUBSTITUTION REVIEW: V BASELOK GEOGRID BY INDUSTRIAL F�CS, INC BX3030 FOR SPEC'D TENSAR TX 1610 Comments: UPON REVIEW THE PR D P UC ARS TO BE AN "EQUAL" PRODU CEP A �h LER ^�7 APERTURE SIZE (1.3� 1.6")� Q eN EXCEPTIONS N I REVISE AND RESUBMIT MAKE CORRE D F1 SUBMIT SPECIFIED ITEM REJECTED Checking is only for general conformance with the design concept of the project and general compliance with the information given in the contract documents. Any action shown is subject to the requirements of the plans and specifications. Contractor is responsible for dimensions which shall be confirmed and correlated at the job site: fabrication processes and techniques of construction: coordination of his work with that of all other trades and the satisfactory performance of his work. E. Anderson, P.E. By: Date: October 29, 2020 McCLELLAND CONSULTING ENGINEERS, INC. BASELOK' GEOGRID BX3030 by Industrial Fabrics, Inc. Product Name: Product Type: Polymer: Load Transfer Mechanism: Primary Applications: PRODUCT PROPERTIES' BX3030 Integrally Formed Biaxial Geogrid Polypropylene Positive Mechanical Interlock Base Reinforcement, Subgrade Stabilization Index Properties Test Method Units MD Values' XMD Values' Aperture Dimensions' in (mm) 1.3(34) 1.3(34) Minimum Rib Thickness' in (mm) 0.09 (2.2) 0.06 (1.5) Tensile Strength @ 21 Strain ASTM D6637 Ib/ft (kN(NPD 720 (10.5) 720 (10.5) Tensile Strength @ 51 Strain ASTM D6637 lb/ kW 1,440 (21) 1,440 (21) Ultimate Tensile Strength ASTM D6637 ( /m) 2,055 (30) 2,055 (30) Structural Integrity _ Junction Efficiency Overall Flexural Stiffness Aperture Stability Durability Resistance to Installation Damage Resistance to Long Term Degradation Resistance to UV Degradation Dimensions ASTM D6637 & D773 % 93 ASTM D7748 mg e) 3,000,000 ;?*1- ASTM D7864 '` • deg 0.9 r AST 6 & D581)- e 5V �0 TM D4fj 5 % v Length ( Width (ft) *Standard Roll Sizes v 164 (50) 13.1(4) Custom Roll Sizes 164 (50) �`�► 16 (4.88) ci *Roll Sizes Depend on Availability at Time of Order / %GP 95/ 93/ 90 100 100 Dimensions & Delivery The biaxial geogrid shall be delivered to thejob site in roll form with each roll individually identified and nominally measuring 4m (13.1-FT) in width and 50m (164-FT) in length. BASELOKT' GEOGRID is also available in 16-FT width. Notes: 1. Unless indicated otherwise, values shown are Minimum Average Roll Values (MARV) in accordance with ASTM D4759. 2. Nominal dimensions. Industrial Fabrics, Inc. Zu 510O'Neal Lane Ext Baton Rouge LA 70819 800 848 4500 INDUSTRIAL FABRICS, INC. www.baselok.com BASELOK- GEOGRID may change product specifications without notice. The determination of whether the BASELOK- GEOGRID system is suitable for use in the application described in our literature and on our website is to be determined solely by the user. The information provided is not intended to be nor does it represent engineering advice for any particular project or use. Professional engineering should be consulted before installation of BASELOK- GEOGRID units to assure proper design and installation. ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. BASELOK- is a trademark of Industrial Fabrics, Inc. BX3030 9 23 20 v 10ee�s� LIGHTING ELECTRICAL KEYNOTES 1 IN TALL 1 }" NON-METALLIC CONDUIT, MAINTAIN A S ANO 1 *8 GNDER DEPTH OF 24" AND WIRES: 2 #3 RFA \\\\\\\\�\\ +\ e\ \ \ 1 / 2 INSTALL STANDARD LIGHT POLE AND LUMINAIRE P01 PER STANDARD SPECIFICATIONS AND a \ I / MANUFACTURER'S RECOMMENDED PROCEDURES. SEE LIGHT FIXTURE SCHEDULE FOR FURTHER 'a\ j!\ \ i� DETAILS. REUSE EXISTING POLE AND LUMINAIRES earDG rvD ♦e awc>9�\/" \ • m` \ ` WHEREVER POSSIBLE. e. ^ \ \ e colxox\ \ \ s\ \ D / 3 INSTALL 1 }" NON-METALLIC CONDUIT BY DIRECT \� \ \�I\`� P BURY, PRIOR TO INSTALLATION OF CONCRETE \� DT\� Ls L TRAIL. 4 INSTALL PULL BOX PER STANDARD SPECIFICATIONS z mvaoncn w 5 INSTALL PULL BOX BEHIND CONCRETE BLOCK RETAINING WALL, TH CONDUIT OUT TO NORTH FOR CONNECTION TOBRIDGE UNDER -LIGHTING. SEE \\\ \ BRIDGE SHEET BR-18 FOR DETAILS. \ \\ \ ` dr� \ \\ l L 6 DISCONNECT EXISTING WIRING FROM EXISTING s '3 00 1 ��W\ 1 32+00\ \ 33+00\�° �\\ 35+00 PULL BOX TO THE WEST DURING CONSTRUCTION.\\START NEW WIRING FROM THIS PULL BOX. \ COORDINATE LOCATION AND LIGHT PLACEMENT��WITH BRIDGE PLANS. USE 1.5" GALV. STEEL \�� q „TpCONDUIT UNDER BRIDGE FOR BRIDGE LIGHTING.\\\ 8 REMOVE EXISTING LIGHT FIXTURE AND STORE FOR _ _ ° \ • . ° >\ e° ° \ •� _ STA=13+07 R USE ON REMOVE AND PROJECT. 0 _ ° - T OFF= 14' L 9 SE OF EXISTING CONDUIT AND \ \ \ 2 '� — WIRING. znruRe E p\ I \\ \ �'• �• 10 EXISTING GONDURTURE AND IRINGOUST EOFTHEREMAIN. 0 \\ \��\ 11 EXISTING LIGHT FIXTURE OUTSIDE OF THE WORK D w2x^ tea+ \ / ZONE TO REMAIN IN SERVICE DURING \ \ \ \ 2 CONSTRUCTION. ANY DAMAGE TO FIXTURE IS THE z 2 SOLE RESPONSIBILITY OF THE CONTRACTOR TO {LLTTT]]] W \\ PD\13-0p °Dce wE 12. REPLACE AT THEIR COST. a `, \ \ \\ \ \ \\ \ \ \ \ \ \ _ \ \\ \ • I ALL EXISTING LIGHTS ALONG TRAIL THROUGH Ll WORK ZONE SHALL BE PLACED OUT OF SERVICE W \ \ \\ \ \ \\ \ \ \ I — \ ` \ \ \\ \� \'` ,, 1• • UNTIL MUD CREEK TRAIL IS REOPENED FOR FULL F [i{i� OPERATION. O GENERAL ELECTRICAL NOTES z w 1 ELECTRICAL DRAWINGS (POWER AND LIGHTING)) y ARE DIAGRAMMATIC AND SCHEMATIC IN NATURE. --- -- — — — _ _ USE IUDEGEMENT AND CARE TO INSTALL ELECTRCAL WORKWITHIN]CONS RUCTIONUANDIFINIS E5. ALNCTON LAND FIT W J \ _ CONDURORS, CONDUIT AND MATERIALS NOT J /l/v^/�/- /■/v^/J/- SPECIFICALLY SHOWN SPECIFIED, WHICH ARE _ • I REQUIRED FORA COMPLETE OPERATING DEVICE OR F > SYSTEM ARE REQUIRED TO BE FURNISHED AND INSTALLED THE CONTRACTOR. f A 2 ALL CONDUIT IT SHALL HAVE A MINIMUM SHALL - F x COVER. O W 3 EQUIPMENT GROUNDING CONDUCTOR SHH ALL BE O BONDED TO EACH POLE, GROUND ROD, LUMINAIRE u LL Q AND SERVICE POINT. 4 USE ATTACH B-LINE CONDUIT AND BOX BOXES T NERS TOATTACH CONDUCT AND JUNCTION TUBE . �.. ` BRIDGE CONCRETE AND METAL STRUCTURES. P ALL CONDUCTORS SHALL BE LABELED IN PULL BOXES. o LIGHT FIXTURE SCHEDULE TYPE DESCRIPTION LAMP WATTS VOLTS LOAD (VA) LAMP TEMP MANU. MODEL MOUNT Po1 7KACK LED POLE LIGHT 1 82 240 1 85 5000 1 REFER T05PECFICATIONS REFERTOSPECF]CATIONS BURY Po2 iI ACKLEDPOLELIGHT U 240 85 5000 UFERTOSPECIFIC4TIONI REFERIOIPECIFICATIONS SURFACE 501 SURFACE MOUNT AREA LIGHT T3 2. TS REFER TO SPECIFICATIONS REFER TO SPECIFICATIONS SURFACE MUD CREEK TRAIL LIGHTING AND ELECTRICAL PLAN PLAN �® i1 Contract for Bid 20-83 Appendix B Bid Submittal — Crossland Heavy Contractors, Inc. CITY OF FAYETTEVILLE W4W ARKANSAS Bid Check List Bid 20-83 , !oh 040688 — SAIN STREET WENSION (FAYETTEVILLE] This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) - In lieu of a bid bond, the bidder may submit a cashier's check for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashiers checks shall be made payable to the City of Fayetteville, AR. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). NAll line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. TAll bidders shall submit the following forms with each bid: 191 Bid Form, Bid Bond, List of Subcontractors, FNIC List of Manufacturers, Anti -Collusion and Debarment Certification, Page 1 of 2 CITY OF FAYETTEVILLE ARKANSAS Bid Cheek List Bid 20-83 , lab 040688 - RAIN STREET EXTENSION [FAYETTEVILLE] Certification for Federal -Aid Contracts, Certification to Submit Disadvantaged Business Enterprise Participation, XDisadvantaged Business Enterprise Participation All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents. All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractors License Number (This is a Federal Aid Project and therefore a License Number is not required for bidding). A State of Arkansas Contractor's License is not required to bid on the project; however, no contractor shall submit a bid prior to submitting an initial application (which does not require a full audit) for licensure, and no construction contract shall be executed until the successful bidder has furnished an appropriate license issued by the State of Arkansas Contractor's Licensing Board. City of Fayetteville, AR Purchasing Division — Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: Crossland Heap} Contractors, Inc. ARKANSAS CONTRACTORS LICENSE NUMBER: N/A 0067301121 (This is a Federal Aid Project and therefore a License Number is not required for bidding) Page 2 of 2 DOCUMENT 0400-BID FORM Contract Name: SAIN STREET CONSTRUCTION Bid Number: 20-83 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Bidder: Crossland Heavy Contractors, Inc. 501 S. East Ave Columbus, KS 66725 ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 0400-Bid Form 00400-1 DOCUMENT 0400-BID FORM (continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date 1 10/26/20 2 10/29/20 3 10/30/20 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, 0400-Bid Form 00400-2 DOCUMENT 0400-BID FORM (continued) investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and 0400-Bid Form 00400-3 DOCUMENT 0400-BID CORM (continued) Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. 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. ARTICLE 4- BID PRICE Bidders are required to provide pricing for all line items, including deductive alternate items. Failure to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. In the event all deductive alternates are subtracted from the total base bid and no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. In no case shall the amount bid for the item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): 0400-Bid Form 00400-4 DOCUMENT 0400-BID FORM (continued) ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a bank located in the State of Arkansas or a Bid Bond in the amount of Five Percent of Max Bid Dollars (.5 5% ] B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Dan Thompson 501 S. East Ave Columbus, KS 66725 Email dthompson@heavycontractors.com Phone No, 479-366-1637 Fax No. 620-429-1410 0400-Bid Form 00400-9 DOCUMENT 0400-BID FORM (continued) ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. Arkansas State Contractor License No. 0067301121 If Bidder is: An Individual Name (type or printed):, By: (SEAL) (Individual's Signature) Doing business as: Business address: Phone No: Fax No Email Address: A Partnership Partnership Name : (SEAL) 0 (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Business address: Phone No: Fax N Email Address: 0400-Bid Form 00400-10 DOCUMENT 0400-BID FORM continued A Corporation or LLC Corporation Name: Crossland Heavy Contractors, Inc. (SEAL) State of Incorporation: Kansas Type (General BusinerC�sipn , Service, isnited Liability): General Business J ss, (Signattirt ofigeheral partner -attach evidence of authority to sign) Name (type or printed): Mark Sell Title: President (CORPORATE SEAL)-"` P.A c rt, 05 '~••.,, fib, f [)�i'� ;.. Attest: Holly Rhodes l (Signature of Corporate Secretary) Business address: 501 S. East Ave Columbus, KS 66725 Phone No: 620-429-1410 Fax No. 620-429-2977 Email Address: dthompson@heavycontractors.com Tax ID Number (TIN) 48-1131853 DUNS # 808862023 Cage Code:1 LD33 END OF DOCUMENT 00400 0400-Bid Form 00400-11 Protect Description Location Amount Completion Owner Contact En¢ineer Contact New Roadway alignment/improvements, Waterline, Storm Drain, Block Retaining Wall, Steel Beam N. Rupple Rd Bridge Fayetteville, AR $5,574,726.35 2/19 City of Fayetteville 479-444-3424 Garver Engineers 479-527-9100 Lance Jobe (Rog) Monte Ne Road Realignment Monte Ne Road Realignment Rogers, AR $9,345,617.30 8/18 City of Rogers 479-621-1117 McGoodwin, Williams and Yates, Inc 479-443-3404 Bred Hammond (MWY) Construct a 9 San Structural Steel/Concrete Deck Bridge over the Middle Fork Middle Fork White River Bridge White River in Fayetteville, AR Fayetteville, AR $7,978,831.90 9/17 Arkansas Hwy & Transp Dept Arkansas Hwy & Transp Dept 479-251-9266 Bashar Oedan (Eng/Own) Replacement of the 149 bridge structure and roadway approaches at the HWY 264 Interchange, and extension of triple & quad David Bushey HWY 264 INTERCHANGE RC Box Culverts Lowell, AR $1,977,920.61 11/15 Sub to: APAC-Arkansas 479-587-3345 Arkansas Hwy & Transp Dept 479-273-7634 David Foster (APAC) Road Imps from Bleaux Ave to Har-Ber Ave- Contract 2, Including bridge construction, Utility and Gene George Contract 2 drainage work Springdale, AR $5,125,325.00 2/20 City of Springdale 1 479-750-8114 Engineering Services, Inc. 479-751-8733 Owner: Brad Baldwin CROSSLAND HEAVY CONTRACTORS 501 S. East Avenue P.O. Box 350 Columbus, KS 66725 tel 620.429.1410 fax 620.429.2977 Corporate Resolution BE IT RESOLVED; that at the monthly meeting of the Board of Directors of Crossland Heavy Contractors, Inc., held on the 2nd day of December, 2016, the Board of Directors did, by unanimous decision, authorize Mark Sell, Chris Walters, Justin Lillie, Dan Thompson or Ivan Crossland, Jr. to sign on behalf of said Corporation all documents and papers pertaining to the business of said Corporation. All documents signed by Mark Sell, Chris Walters, Justin Lillie, Dan Thompson or Ivan Crossland, Jr. on behalf of Crossland Heavy Contractors, Inc, shall be legally binding on Crossland Heavy Contractors, Inc. and their successors and assigns. Mark Sell, President ATTEST; U4 ont, Holly Rho es, Secretary State of Kansas, County of Cherokee. Before me, the undersigned Notary Public in and for the County and State aforesaid, personally appeared Mark Sell, President of Crossland Heavy Contractors, Inc. a corporation duly organized and existing in the State of Kansas, and he acknowledged the same on behalf of said Corporation. In witness thereof I have set my hand and affixed my seal this 4th day of Nov. 2020. Notary Public My Commission Expires: (_e I Z9 1Z 3 OtPAA Ir KAYLEE MANN STATE F Nly Appt UP 1vmI1'9 Z3 www.heavycontractors.com License No. 0067301121 ID #86 State of Arkansas Commercial Contractors Licensing Board CROSSLAND HEAVY CONTRACTORS, INC. PO BOX 350 COLUMBUS, KS 66725 This is to Certify That CROSSLAND HEAVY CONTRACTORS, INC. Is duly licensdd under the provisions of Ark. Code Ann. § 17-25-101 P+. seq. P s amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: HEAVY CONSTRUCTION MUNICIPAL & UTILITY CONSTRUCTION This contractor -has an unlimited suggested bid limit. from October 23, 2020 until November 30, 2021 When this Certificate expires. Witness our hands of the Board, dated at North Little Rock, Arkansas. CHAIRMAN SECRETARY October 23, 2020 - dsa DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: SAIN STREET EXTENSION (FAYETTEVILLE) (S) Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Clearing/Demolition SWPPP/Erosion Control Roadway/Drainage Retaining Wall Stamped Concrete Water line Sewer line Other (designate) Subcontractor's Name and Address NOTE: This form must be submitted in accordance with the I straaction ,to Bidders. Bid ees gignatdre Mark Sell, President 00430-List of Subcontractors END OF DOCUMENT 00430 00430 — 1 Expected Percentage or Value Sain Street Extension DOCUMENT 00440 — LIST OF MANUFACTURERS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Manufacturer to be used in performing the Work for the Sain Street Extension (Fayetteville) (S). Bidder certifies that all Manufacturers listed are eligible to perform the Work. Manufacturer's Work Other (designate) ! .Slae I Other (designate) Manufacturer's Name and Address RC P /?rcc&%4 Sc ,> r Ic>LIc Other (designate) Other (designate) NOTE: This form must be submitted in accordance with the In c i to Bidders. Bidders Sign ture Mark Sell, President 00440-List of Manufacturers END OF DOCUMENT 00440 00440-1 Sain Street Extension 12/15/11 CITY OF FAYETTEVILLE Page 1 of 2 SUPPLEMENT TO PROPOSAL ANTI -COLLUSION AND DEBARMENT CERTIFICATION FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER THIS BID NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION. As a condition precedent to the acceptance of the bidding document for this project, the bidder shall file this Affidavit executed by, or on behalf of the person, firm, association, or corporation submitting the bid. The original of this Affidavit shall be filed with the City of Fayetteville at the time Proposals are submitted. AFFIDAVIT I hereby certify, under penalty of perjury under the laws of the United States and/or the State of Arkansas, that the bidder listed below has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid for this project, is not presently barred from bidding in any other jurisdiction as a result of any collusion or any other action in restraint of free competition, and that the foregoing is true and correct. Further, that except as noted below, the bidder, or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of Federal funds: a. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; b. has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; c. does not have a proposed debarment pending; and d. has not been indicted, convicted, or had an adverse civil judgment rendered by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. 12/15/11 Page 2 of 2 CITY OF FAYETTEVILLE SUPPLEMENT TO PROPOSAL ANTI -COLLUSION AND DEBARMENT CERTIFICATION FAILURE TO EXECUTE AND SUBMIT THIS CERTIFICATION SHALL RENDER THIS BID NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION. EXCEPTIONS: NONE APPLIED TO INITIATING AGENCY DATES OF ACTION Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. Providing false information may result in criminal prosecution or administrative sanctions. Job No. 040688 F.A.P. No. 11/4/2020 (Date Executed) Crossland Heav Inc. der) (Signature) Mark Sell, President (Title of Person Signing) The following Notary Public certification is OPTIONAL and may or may not be completed at the contractor's discretion. State of Kansas County of Cherokee Mark Sell President (Title) )ss. being duly sworn, deposes and says that he is of Crossland Heavy Contractors, Inc. (Name of Bidder) and that the above statements are true and correct. Subscribed and Sworn to before me this My commission expires: June 29th, 4th day of November , 2020 2023 �pi��Y PpQ�f� KAYLEE MANN (NOTARY SEAL) �� '� STATE OFKANSAS My Appt El _ Public) 7/26/96 Page 1 of 2 CITY OF FAYETTEVILLE SUPPLEMENT TO PROPOSAL CERTIFICATION The prospective contractor certifies, by signing and submitting this proposal, to the best of his or her knowledge and belief, that: 1 No Federal appropriated funds have been paid or will be paid, by or on his or her behalf, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal -Aid contract, the prospective contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Available from Arkansas Department of Transportation, Program Management Division). This Certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. During the period of performance of this contract, the contractor and all lower tier subcontractors must file a Form-LLL at the end of each calendar year quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any previously filed disclosure form. Any person who fails to file the required Certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. The prospective contractor also agrees by submitting his or her proposal that he or she shall require that the language of this Certification be included in all lower tier subcontracts which exceed $100,000 and that all such subcontractors shall certify and disclose accordingly. 7/26/96 Page 2 of 2 CITY OF FAYETTEVILLE SUPPLEMENT TO PROPOSAL CERTIFICATION THIS CERTIFICATION SHALL BE COMPLETED BY THE BIDDER AS PART OF THIS PROPOSAL The bidder Crossland Heavy Contractors, Iroposed subcontractor , hereby certifies that he has . X , has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he has X , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. (Currently, Standard Form 100 [EEO-1] is the only report required by the Executive Orders or their implementing regulations.) JOB NO. 040688 F.A.P. NO. 11/4/2020 Crossland Heary t C s, I a a 15,/ B ( ignature) Mark Sell, President (Date Executed) (Title of Person Signing) NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. Rev. 12-13-16 Rev. 10-16-19 Page 7 of 7 CITY OF FAYETTEVILLE CERTIFICATION TO SUBMIT DBE PARTICIPATION JOB 040688 FAILURE TO COMPLY WITH ONE OF THE FOLLOWING SHALL RENDER THIS BID NONRESPONSIVE AND NOT ELIGIBLE FOR AWARD CONSIDERATION (1) SUBMITTAL OF REQUIRED DBE PARTICIPATION INFORMATION, (2) SUBMITTAL OF DOCUMENTATION OF GOOD FAITH EFFORTS, OR (3) SUBMITTAL OF THE CERTIFICATION TO SUBMIT DBE PARTICIPATION By submitting a proposal, the undersigned bidder irrevocably certifies that an amount equal to or greater than the Disadvantaged Business Enterprise (DBE) Goal of 10.00% established for this project will be performed by certified Disadvantaged Business Enterprise firms and the required DBE participation information will be submitted within 5 calendar days of the date of the bid opening. Within five (5) calendar days of the date of the bid letting, all bidders shall furnish the required DBE Participation information to the Owner on the forms provided to be considered a responsive bid. If a conditional award has been made and the successful bidder has not furnished the required information, the proposal will be rejected and their proposal guaranty forfeited. The proposal guaranty shall become property of the Owner, not as a penalty, but in liquidation of damages, sustained to the DBE Program. Award may then be made to the next lowest, responsive bidder or the work may be re -advertised as the Owner may decide. Only work, materials, or services that will actually be provided by DBE firms will be credited toward the goal. The DBE firm's certification must be fully in effect at the letting date. As an alternative, documentation of Good Faith Efforts to meet the DBE goal may be submitted to the Owner prior to the deadline for proposals to be received. Crossland Heavy Contractors, Inc. Bidder 11/4/2020 Date Signature • wner/Agent) Mark Sell, President Title Bid 20-83, Addendum 1 9% Date: Monday October 26, 2020 IV To: All Prospective Vendors From: Les McGaugh — 479.575.8220 — Imc au h fa etteville-ar. ov RE: Bid 20-83, Construction —Sain Street Extension CITY OF FAYETTEVILLE, ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. The Engineer of Record's Addendum #1 is attached. 2. Bid 20-83, File 04—CAD Files is now on Bonfire. 3. A non -mandatory pre -bid meeting was held on Tuesday October 20, 2020 at 10:00 AM. The list of particpants for that meeting is attached. i ty c)f F,iyctr�v;lle, AR Id _0 f\(Idei`,t-1 U rri I aE° 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 NEFMCCLFLLAND CONSULTING ENGINEERS, INC. ADDENDUM NO. 1 October 23, 2020 City of Fayetteville Sain Street Extension (Fayetteville)(s) Fayetteville, Arkansas JOB 040688 BID #20-83 To All Plan Holders of Record: The Contract Documents are clarified as follows: �'ill»���'�1�►��_1>11►17�7:7�'�/_��[�7►F 1. Zip file (040688- Sain St Extension- Surface for Bid- Oct 2020.zip) is being provided with an AutoCAD file containing an existing surface and a combined existing and roadway surface. 2. These electronic AutoCAD files are being provided as a courtesy to bidders for informational purposes and do not constitute part of the complete bid documents. Engineer makes no statement or certification as to the completeness or accuracy of these files. The bidder assumes all risk for any use of or reliance on these AutoCAD files in the preparation of their bid. If any differences exist between these AutoCAD files and the plans, specifications, or project manual, then the complete bid documents by way of the plans, specifications, and project manual shall govern. 3. The User agrees not to reuse the electronic files, in whole or in part, for any purpose other than for the above -named Project. The User agrees not to transfer these electronic files to others without the prior written consent of the Consultant. The User further agrees to waive all claims against the Consultant resulting in any way from any unauthorized changes to or reuse of the electronic files for any other project by anyone other than the Consultant. 4. In addition, the User agrees, to the fullest extent permitted by Laws or Regulations, to indemnify and hold harmless the Consultant, its officers, directors, employees, and subconsultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from any changes made by anyone other than the Consultant or from any reuse of the electronic files without the prior written consent of the Consultant. SPECIFICATIONS: None PLAN SHEETS: None This Addendum No. 1 consists of two pages of written documentation. Except as amended by this addendum, the requirements of the project as set forth in the original bid documents shall remain in effect. This addendum must be acknowledged in the space provided on the Bid Form. Page 1 of 2 Eric Anderson, P.E. Date: Attachment: Date: 10/26/2020 Bidder: Crossland Heavy In Received By: Ma k Sell, President Date: 10/26/2020 Page 2 of 2 Bid 20-83, Addendum 2 Date: Thursday October 29, 2020 To: All Prospective Vendors From: Les McGaugh — 479.575.8220 — Imc.Baugh@fayetteville-ar.ov RE: Bid 20-83, Construction —Sain Street Extension CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM, 1. The Engineer of Record's Addendum #2 is attached. 2. The Bid Table (Bid Form) has been revised to reflect the changes in Addendum 2. 3. Trails are to be 12' wide as indicated on the details, not 10' as indicated on the plans. F.oijo1C. ,III., AR Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 IREFM[CLFLLAND CONSULTING -1 - -I I - . ENGINEERS, INC. ADDENDUM NO. 2 October 28, 2020 City of Fayetteville Sain Street Extension (Fayetteville)(s) Fayetteville, Arkansas JOB 040688 BID #20-83 To All Plan Holders of Record: The Contract Documents are clarified as follows: CLARIFICATIONS: Several questions were posted from potential bidders. Below is are these questions and response: 1. Plans show 18" RCP daylighting at STA 34+75 and 37+86. Are there supposed to be FES's? L FES's were omitted due to being in a flood prone area and to avoid these being carried away downstream. 2. Plan show 4'x2' RCBC, 4'x3' RCBC, 30" RCP and 18" RCP converging at 26+80, was there supposed to be a junction box at this location. i. The pipes should be connected directly to the 4'x3' RCBC and a cast -in -place connection be constructed to connect the two different sized culverts. This connection should be included in the unit cost for the 4'x3' RCBC Bid Item. 3. Please provide structure type for boxes A8 and A9. These appear to be missing on the bid items. i. These structures are both 4' Junction Boxes. Bid Item quantity revised to 4. 4. Plans show 1126 LF of 18" RCP; Bid Item 16 shows 1010 LF. Is 1126 LF correct? i. Bid Item 16 should be 1126 LF, Bid Schedule Revised. 5. How is the 2" conduit to be paid, shown in Traffic Signal sheet 68? i. Line Item added to Bid Schedule for 2" Non -Metallic Conduit. ii. Line Item for Non -Metallic Conduit (1.25") revised to 33 LF 6. What is the foundation detail for the short push button poles? Should these have breakaway bases? i. Reinforcement should match foundation detail and table on sheet SDA 1 with following modifications: depth being 5'-0", 12- #7 (4'-6") verticals, 8- #4 horizontal bars, equally spaced. Yes, should be breakaway. 7. Which signs are for "Standard Sign" pay item? i. R3-6 "THRU & RIGHT TURN", 113-5 "LEFT TURN ONLY" 8. Detail for headwall and wingwall for RC Box Culvert? I. Supplemental detail is attached to the end of this Addendum. SPECIFICATIONS: None Page 1 of 2 PLAN SHEETS: None This Addendum No. 2 consists of two pages of written documentation. Except as amended by this addendum, the requirements of the project as set forth in the original bid documents shall remain in effect. This addendum must be acknowledged in the space provided on the Bid Form Erit-Mclerson, P.E. Date: 10.28.2020 Attachment: Headwall-Wingwall Detail Date: 10/28/2020 Bidder: Crossland Hea s, nC. Received l3 .. Mark Sell, resident Date: 10/28/2020 Page 2 of 2 Bid 20-83, Addendum 3 Date: Thursday October 29, 2020 To: All Prospective Vendors From: Adonis Bwashi — 479.575.8258 — abwashi@favetteville-ar.gov RE: Bid 20-83, Construction —Sain Street Extension CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Bid Form. BIDDERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. The Engineer of Record's Addendum #3 is attached. 2. The Bid Table (Bid Form) has been revised to reflect the changes in Addendum 3. 3. Revised Item Description from No. 4 AWG to Item 85: No. 3 AWG Copper Conductor. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 7270'' NEEMcCLELLAN❑ CONSULTING ammmommm ENGINEERS, INC. ADDENDUM NO. 3 October 30, 2020 City of Fayetteville Sain Street Extension (Fayetteville)(s) Fayetteville, Arkansas JOB 040688 BID #20-83 To All Plan Holders of Record: The Contract Documents are clarified as follows: CLARIFICATIONS: Several questions were posted from potential bidders. Below is are these questions and responses: 1. Are the lights to be installed on the bridge barrier wall essentially the same pole and luminaire as the Mud Creek Trail lighting, just with different mounting configuration? L Correct, the lights should be City of Fayetteville Type A, as indicated in Section SP-14, with a different mounting configuration. 2. Where is the power source coming from for the bridge? i. The power is coming from a pull box along the trail lighting. A revised electrical and lighting plan is included in this addendum 3. Is the temporary Mud Creek Trail paving covered under 2"ACHM surface and 6" Class 7 base course line items or paid separate? i. All associated work with the temporary rerouting of Mud Creek Trail shall be paid for under "Temporary 10' Wide Trail" paid as a Lump Sum. 4. Request that BaseLok BX3030 Geogrid be allowed as an approved equal to the specified TX160? L BaseLok BX3030 Geogrid has been approved as an equal to TX160. It has not been approved as an equal to TX7. SPECIFICATIONS: Section 00400- Bid Form 1. The following are revisions to Bid Form based on electrical revisions: i. Item 81: 1-1/4" Conduit (Schedule 40 PVC)- Revised quantity to 638 LF ii. Item 83: 9" x 11" Polymer Concrete Pull Box with 2 Pena Bolts - Revised quantity to 7 EA iii. Item 84: No. 8 AWG Copper Conductor- Revised quantity to 1,374 LF iv. Item 85: No. 3 AWG Copper Conductor- Revised Item Description from No. 4, Revised quantity to 2,748 LF PLAN SHEETS: 1. Sheet 103- MUD CREEK TRAIL LIGHTING AND ELECTRICAL PLAN i. Conduit, pull boxes, lights and conductors added to bridge ii. Revised lighting fixture schedule 2. Sheet 10313- MUD CREEK TRAIL LIGHTING AND ELECTRICAL PLAN Page 1 of 2 Added to show extents of bridge lighting and electrical This Addendum No. 3 consists of two pages of written documentation. Except as amended by this addendum, the requirements of the project as set forth in the original bid documents shall remain in effect. This addendum must be acknowledged in the space provided on the Bid Form. Eric Anderson, P.E. Date: October 30. 2 Attachment: Revised Sheet 103: Mud Creek Trail Lighting and Electrical Plan; New Sheet 103B: Mud Creek Trail Lighting and Electrical plan Date: 10/30/2020 Bidder: Crossland Hea on rs, Received By: ark Sell, President Date: 10/30/2020 Page 2 of 2 Responses Success: All data is valid! Roadway Subtotal Success: All values provided #1-1 Act 291, 1993 Trench and Excavation Safety 1 NA LS 1 $ 500.00 $ 500.00 Systems Success: All values provided #1-2 Traffic Control and Maintenance 2 604 LS 1 $ 9,200.00 $ 9,200.00 Success: All values provided #1-3 Erosion Control 3 621 LS 1 $ 30,440.00 $ 30,440.00 Success: All values provided #14 Mobilization; Not to Exceed 5% of Total Bid 4 601 LS 1 $ 167,500.00 $ 167,500.00 Success: All values provided #1-5 Clearing, Grubbing and Demolition 5 201 LS 1 $ 24,500.00 $ 24,500.00 Success: All values provided #1-6 Select Fill (Plan Quantity) 6 210 CY 4950 $ 11.00 $ 54,450.00 Excavation (Plan Quantity) 7 210 CY 9300 $ 6.00 $ 55,800.00 Success: All values provided #1-7 Success: All values provided #1-8 Embankment (Plan Quantity) 8 210 CY 11750 $ 9.50 $ 111,625.00 Success: All values provided #1-9 Rock Excavation (Allowance) 9 210 CY 100 $ 105.00 $ 10,500.00 Success: All values provided #1-10 4" Topsoil Placement 10 628 SY 10510 $ 4.00 $ 42,040.00 Success: All values provided #1-11 Subgrade Preparation (Plan Quantity) 11 214 SY 8550 $1.20 $ 10,260.00 Success: All values provided #1-12 Undercut and Backfill (Allowance) 12 210 CY 990 $ 21.50 $ 21,285.00 Success: All values provided #1-13 Rock Backe 24+50 to 31+14, per Geotech 13 207 4300 $ 26.00 $ 111,800.00 RepStaort Report Recommendation) R Success: All values provided #1-14 Geogrid Fabric, TX160 (Sta. 24+50 to Sta. 31+16) 14 625 SY I 3900 $ 6.00 $ 23,400.00 Success: All values provided #1-15 Filter Fabric (Between Rock Backfill and Select 15 625 SY 3450 $ 2.00 $ 6,900.00 Fill/Class 7 Base, Sta. 24+50 to Sta. 31+16) Success: All values provided #1-16 18" RCP, Class III 16 606 LF 1126 $ 65.00 $ 73,190.00 Success: All values provided #1-17 24" RCP, Class III 17 606 LF 305 $ 73.00 $ 22,265.00 Success: All values provided #1-18 30" RCP, Class III 18 606 LF 171 $ 86.00 $ 14,706.00 Success: All values provided #1-19 4' x 2' RC Box Culvert (Includes Geogrid TX5) 19 607 LF 67 $ 368.00 $ 24,656.00 Success: All values provided #1-20 4' x 3' RC Box Culvert (Includes Geogrid TX5) 20 607 LF 15 $ 340.00 $ 5,100.00 Success: All values provided #1-21 4' Curb Inlet 21 609 EA 15 $ 5,005.00 $ 75,075.00 Success: All values provided #1-22 5' Curb Inlet 22 609 EA 4 $ 5,708.00 $ 22,832.00 Success: All values provided #1-23 Curb Inlet Extensions (4') 23 609 EA 16 $ 1,423.00 $ 22,768.00 Success: All values provided #1-24 Curb Inlet Extensions (8') 24 609 EA 2 $ 2,846.00 $ 5,692.00 Success: All values provided #1-25 4' Junction Box 25 609 EA 4 $ 5,150.00 $ 20,600.00 Success: All values provided #1-26 5' Junction Box 26 609 EA 2 $ 5,870.00 $ 11,740.00 Success: All values provided #1-27 Reverse Throat Inlet Top (EX 1) 27 609 EA 1 $ 3,340.00 $ 3,340.00 Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic Success: All values provic ad #1-28 Junction Box Top 28 609 EA 1 $ 2,890.00 $ 2,890.00 ad #1-29 Trench Drains 29 609 LF 40 $ 670.00 $ 26,800.00 ad #1-30 Trench Drain Inlet Box 30 ad #1-31 Wingwalls, Headwalls and Appertenances for 4' 31 by 3' RC Box Culvert ad #1-32 Wingwalls, Headwalls and Appertenances for 4' 32 by 2' RC Box Culvert e-33 2" ACHM Surface Course 33 609 EA 2 $ 5,335.00 $ 10,670.00 607 EA 1 $ 10,050.00 $ 10,050.00 607 FA 1 $ 7,760.00 $ 7,760.00 406 TON 1000 $102.50 $ 102,500.00 ad #1-34 3" ACHM Binder Course 34 406 TON 1300 $ 90.00 $ 117,000.00 ad #1-35 6" Class 7 Base 35 303 SY 8550 $ 10.50 $ 89,775.00 ad #1-36 Standard Concrete Curb and Gutter 36 634 LF 4350 $ 14.25 $ 61,987.50 ad #1-37 Modified Curb and Gutter 37 634 ad #1-38 1' Wide Valley Gutter 38 634 ad #1-39 (4" Depth) 5' Concrete Sidewalk 39 633 ad #1-40 Concrete Stairs, U of A Campus 40 633 ad #1-41 Handicap Ramp Concrete 41 641 LF 480 $ 16.75 $ 8,040.00 LF 80 $ 16.75 $ 1,340.00 SY 2450 $ 48.00 $ 117,600.00 SY 70 $179.00 $ 12,530.00 SY 55 $ 65.00 $ 3,575.00 ad #1-42 Truncated Dome Panels 42 641 ad #1-43 6" Thick Concrete Driveway Approach and 43 505 Sidewalk (includes 6" Class 7 Base) ad #1-44 Concrete Driveway (includes 6" Class 7 Base) 44 505 ad #1-45 3" Asphalt Driveways (includes 6" Class 7 Base) 45 407 ad #1-46 Seeding & Mulching (Beyond ROW in 46 620 Field/Flood Plain) ad #1-47 Sodding (ROW & Greenspace) 47 622 EA 6 $170.00 $ 1,020.00 SY 400 $ 67.00 $ 26,800.00 SY 160 $ 67.00 $ 10,720.00 TON 10 $ 382.00 $ 3,820.00 ACRE 1 $ 2,600.00 $ 2,600.00 SY 6175 $ 5.00 $ 30,875.00 ad #1-48 4" Solid Striping, Yellow or White 48 (Thermoplastic) ad #1-49 4" Double Solid, Yellow or White(Thermoplastic) 49 ad #1-50 4" Skip Striping (Thermoplastic) 50 ad #1-51 4" Dotted or Dashed Striping (Thermoplastic) 51 719 LF 2200 $1.39 $ 3,058.00 719 LF 1700 $ 2.23 $ 3,791.00 719 LF 550 $ 1.39 $ 764.50 719 LF 25 $1.39 $ 34.75 ad #1-52 8" Solid Striping, White (Thermoplastic) 52 719 LF 4675 $ 2.23 $ 10,425.25 ad #1-53 8" Dashed Striping (Thermoplastic) 53 719 LF 700 $ 2.23 $ 1,561.00 ad #1-54 Non -Slip Reflective Paint, Green ad #1-55 12" Stop Bar (Thermoplastic) 54 719 SF 950 $ 22.28 $ 21,166.00 55 719 LF 127 $ 6.57 $ 707.39 ad #1-56 Turning & Directional Arrow Pavement Symbols (Thermoplastic) 56 719 EA 16 $ 362.00 $ 5,792.00 Success: All values provided #1-57 Helmeted Bicyclist and Arrow Markings (Thermoplastic) 57 719 EA 10 $ 557.00 $ 5,570.00 1 $ 418.00 $ 418.00 Success: All values provided #1-58 "ONLY" Pavement Symbol (Thermoplastic) 58 719 EA Success: All values provided #1-59 Crosswalks, White (Thermoplastic) 59 719 LF 1050 $ 5.57 $ 5,848.50 LF 250 $ 5.57 $ 1,392.50 Success: All values provided #1-60 Crosswalks, Green (Nonslip Reflective Paint) 60 719 EA 19 $ 284.00 $ 5,396.00 Success: All values provided #1-61 Various Street Signs (see Pavement Marking & 61 723 Signage and Signalization Plans) EA 2 $ 836.00 $ 1,672.00 Success: All values provide62 Project Signs 62 SP-17 LS 1 $ 5,150.00 $ 5,150.00 Success: All values provided #1-63 North Drainage Channel 63 SP-16 LS 1 $ 5,600.00 $ 5,600.00 Success: All values provided 91E4 Relocate Regions Bank Monument Sign, STA. 42+80 64 NA EA 6 $ 7,250.00 $ 43,500.00 Success: All values provided #1-65 Light Fixture (Type A) for Bridge 65 SP-14 LF 320 $ 79.00 $ 25,280.00 Success: All values provided #1-66 Handrail (Wingwalls, Headwalls and Retaining 66 NA Walls) MUD CREEK TRAIL SUBTOTAL $ 81,250.00 Success: All values provided #2-1 4" Concrete Surface, Including Concrete Shoulders 67 505 SY 1300 $ 62.50 $ 10,800.00 Success: All values provided #2-2 4" Class 7 Base 68 303 SY 1200 $ 9.00 $ 95,930.00 Success: All values provided #2-3 Construction of Gravity Block Retaining Wall 69 SP-11 SF 1810 $ 53.00 $ 9,300.00 Success: All values provided #2-4 Excavation (Plan Quantity) 70 210 CY 2325 $ 4.00 $ 2,665.00 Success: All values provided #2-5 Subgrade Preparation (Plan Quantity) 71 214 SY 1300 $ 2.05 $ 5,500.00 Success: All values provided #2-6 Select Fill (Plan Quantity) 72 210 CY 500 $ 11.00 $ 400.00 Success: All values provided #2-7 Embankment (Plan Quantity) 73 210 CY 100 $ 4.00 $ 18,500.00 Success: All values provided #2-8 Class 57 Crushed Stone for Backfill of Retaining Wall 74 SP-4 CY 500 $ 37.00 $ 1,828.60 Success: All values provided #2-9 4" Solid Yellow Striping (Painted) 75 719 LF 820 $ 2.23 $ 1,614.00 Success: All values provided #2-10 Various Trail Signs 76 723 EA 6 $ 269.00 Success: All values provided #2-11 Temporary 10' Wide Trail 77 406/303 LS 1 $ 24,200.00 $ 24,200.00 Success: All values provided #2-12 Remove and Reinstall TT)rail Light Fixture (Type 78 SP-14 EA 5 $ 67.00 $ 335.00 EA 5 $ 955.00 $ 4,775.00 Success: All values Remove and Reinstall Direct Bury Fiberglass provided #2-13 Pole (Type A) 79 SP-14 EA 3 Success: All values provided #2-14 Surface Mounted Lights, Under bridge (Type B) 80 SP-14 $ 1,220.00 $ 3,660.00 Success: All values provided #2-15 1-1 /4" Conduit (Schedule 40 PVC) 81 SP-18 LF 638 $ 8.39 $ 5,352.82 LF 100 Success: All values provided #2-16 1-1/2" Galvanized Steel Conduit 82 NA $ 18.10 $ 1,810,00 EA 7 1 Success: All values provided #2-17 9" x 11" Polymer Concrete Pull Box with 2 Penta 83 SP-18 Bolts $ 552.00 $ 3,864.00 Success: All values provided #2-18 No. 8 AWG Copper Conductor 84 SP-7 LF 1374 $1.00 $ 1,374.00 Success: � All values provided #2-19 No. 3 AWG Copper Conductor I 85 SP-7 LF 2748 $ 2.25 $ 6,183.00 MUD CREEK BRIDGE SUBTOTAL Success: All values provided #3-1 Unclassified Excavation for Structures - Bridge 86 801 CY 41 $ 18.00 $ 738.00 Success: All values provided #3-2 Class S Concrete - Bridge 87 SS & 802 CY 220 $ 890.00 $ 195,800.00 Success: All values provided #3-3 Class S(AE) Concrete - Bridge 88 SP-5, SS & 802 CY 583 $ 634.00 $ 369,622.00 Success: All values provided #34 Class 2 Protective Surface Treatment 89 803 SY 1846 $ 4.00 $ 7,384.00 Success: All values provided #3-5 Reinforcing Steel - Bridge (Grade 60) 90 SS & 804 LB 35004 $1.22 $ 42,704.88 Success: All values provided #3-6 Epoxy Coated Reinforcing Steel (Grade 60) 91 SS & 804 LB 148319 $1.14 $ 169,083.66 Success: All values provided #3-7 Steel Piling (HP12X53) 92 SS & 805 LF 846 $ 59.50 $ 50,337.00 Success: All values provided #3-8 Metal Bridge Railing (Type H) 93 806 LF 680 $ 52.00 $ 35,360.00 Success: All values provided #3-9 Transitional Approach Railing 94 806 EA 4 $ 7,100.00 $ 28,400.00 Success: All values provided #3-10 Structural Steel in Plate Girder Spans (M 270, Grade 50W) 95 SP-8, SS & 807 LB 500231 $ 1.75 $ 875,404.25 Success: All values provided #3-11 Painting Structural Steel 97 SS & 807 TON 11 $ 1,325.00 $ 14,575.00 Success: All values provided #3-12 Elastomeric Bearings 96 SS &808 Cl 15120 $1.95 $ 29,484.00 Success: All values provided #3-13 Silicone Joint Sealant 97 SS & 809 LF 110 $ 85.00 $ 9,350.00 Success: All values provided #3-14 Bridge Name Plate 98 812 EA 1 $ 500.00 $ 500.00 99 816 SY 2042 $ 7.00 $ 14,294.00 Success: All values provided #3-15 Filter Blanket Success: All values provided #3-16 Dumped Riprap 100 816 CY 1025 $ 79.00 $ 80,975.00 101 SP-9 LF 146 $ 942.00 $ 137,532.00 Success: All values provided #3-17 Drilled Shaft (54" Dia.) 102 SP-9 LF 92 $ 411.00 $ 37,812.00 Success: All values provided #3-18 Permanent Steel Casing (60" Dia.) Success: All values provided #3-19 Crosshole Sonic Logging (54" Dia.) 103 SP-15 EA 6 $ 1,620.00 $ 9,720.00 104 SP-15 LF 49 $ 200.00 $ 9,800.00 Success: All values provided #3-20 Coring Drilled Shaft 105 SP-2 SF 1556 $ 8.00 $ 12,448.00 Success: All values provided #3-21 Architectural Finish 106 SP-20 SY 577 $ 25.00 $ 14,425.00 Success: All values provided #3-22 Textured Coating Finish TRAFFIC SIGNALIZATION SUBTOTAL Success: All values provided #4-1 Reinstall Existing 1, Success: All values provided #4-2 Reinstall Countdc Success: All values provided #4-3 Electrical Conduct Success: All values provided #4-4 Electrical Conduct raffic Signal Head (3 Section 107 706 EA 3 $ 446.00 $ 1,338.00 ead, LED) EA 2 $446.00 $892.00 Nn Pedestrian Signal Head, 108 707 LED )rs-In-Condult, 1 C112 E.G.C. 109 708 LF 55 $ 1.67 $ 91.85 ,rs-In-Conduit, 2C/12 A.W.G. 110 708 LF 130 $2.23 $289.90 Success: All values provided #4-5 Electrical Conductors-In-Condult, 1C/8 E.G.C. 111 708 LF 520 $ 2.79 $ 1,450.80 Success: All values provided #4-6 Traffic Signal Cable (20C/14 A.W.G.) 112 708 LF 80 $ 5.00 $ 400.00 Success: All values provided #4-7 Traffic Signal Cable (5C/14 A.W.G.) 113 708 LF 600 $ 2.79 $ 1,674.00 Success: All values provided #4-8 Non -Metallic Conduit (3") 114 710 LF 275 $ 39.00 $ 10,725.00 Success: All values provided #4-9 Non -Metallic Conduit (1.25") 115 710 LF 33 $ 16.71 $ 551.43 Success: All values provided #4-10 Concrete Pull Box (Type 2) 116 711 EA 3 $ 1,114.00 $ 3,342.00 Success: All values provided #4-11 Traffic Signal Mast Arm with Luminaire and Pole 117 714 EA 1 $ 25,784.00 $ 25,784.00 with Foundation (40 ft.) Success: All values provided 94-12 LED Luminaire Assembly 118 714 EA 1 $ 1,087.00 $ 1,087.00 Success: All values provided #4-13 Traffic Signal PedestalPole with Foundation (15 119 715 EA 1 $ 3,926.00 $ 3,926.00 Success: All values provided #4-14 Traffic Signal Pedestal Pole with Foundation and 120 715 EA 5 $ 3,342.00 $ 16,710.00 Push Buttons (S-6") Success: All values provided #4-15 Standard Sign 121 726 SF 6 $ 390.00 $ 2,340.00 Success: All values provided 94-16 Video Detector 122 733 EA 1 $ 3,900.00 $ 3,900.00 Success: All values provided #4-17 Video Cable 123 733 LF 140 $ 4.46 $ 624.40 Success: All values provided 94-18 Removal of Traffic Signal Equipment 124 SP-19 LS 1 $ 4,456.00 $ 4,456.00 Success: All values provided #4-19 Non -Metallic Conduit (2") 115B 710 LF 63 $ 22.28 $ 1,403.64 UNIVERSITY OF ARKANSAS PARKING LOT SUBTOTAL Success: All values provided #5-1 Select Fill (Plan Quantity) 125 210 CY 780 $ 11.00 $ 8,580.00 Success: All values provided #5-2 Excavation (Plan Quantity) 126 210 CY 1075 $ 11.55 $ 12,416.25 Success: All values provided #5-3 3" ACHM Surface Course 127 407 TON 175 $ 110.06 $ 19,260.50 Success: All values provided #5-4 6" Class 7 Base 128 303 SY 1125 $ 14.24 $ 16,020.00 Success: All values provided #5-5 Standard Concrete Curb and Gutter 129 634 LF 541 $ 14.25 $ 7,709.25 Success: All values provided #5-6 4" Solid Striping, Yellow (Painted) 130 719 LF 513 $ 2.25 $ 1,154.25 Success: All values provided #5-7 Relocate Irrigation Valve and Piping 131 NA 1 EA 1 $ 925.00 $ 925.00 WATER AND SEWER IMPROVEMENTS SUBTOTAL Success: Success: Success: Success: Success: Success: All values All values All values All values All values All values provided provided provided provided provided provided #6-1 #6-2 #6-3 #64 #6-5 #6-6 Install 1-Inch Copper Coated Water Service Line Water Meter Valve Box Adjustments To Proposed Grade Install Fire Hydrant Assembly Water and Sanitary Sewer Trench Excavation Safety Water and Sanitary Sewer Erosion Control 132 133 134 135 136 137 331213 LF 273 $ 31.00 $ 8,463.00 331233 EA 3 $ 1,600.00 $ 4,800.00 331116 EA 8 $ 419.00 $ 3,352.00 331219 EA 1 $ 7,260.00 $ 7,260.00 312317 1016600 LS 1 $ 500.00 $ 500.00 312500 LS 1 $ 1,800.00 $ 1,800.00 Success: All values provided #6-7 Adjust Rim Elevation of Existing Sewer Manhole, Less than 18" Success: All values provided #6-8 Adjust Rim Elevation of Existing Sewer Manhole, Greater than 18" 138 330514 EA 1 $ 1,200.00 $ 1,200.00 139 330514 EA 2 $ 1,850.00 $ 3,700.00 DOCUMENT 00410 — BID BOND KNOW ALL MEN BY THESE PRESENTS: that we Crossland Heavy Contractors, Inc. PO Box 350 Columbus, KS 66725 as Principal, hereinafter called the Principal, and Federal Insurance Company / Fidelity and Deposit Company of Maryland 202B Hall's Mill Road / 1299 Zurich Way, 5th Floor Whitehouse Station, NJ 08889 / Schaumburg, IL 60196 a corporation duly organized under the laws of the State of hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum of Dollars ($ Indiana / Illinois as Surety, Five Percent of the Amount Bid **5%** ), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: SAIN STREET EXTENSION (FAYETTEVILLE) (S) NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for 00410-Bid Bond 00410 — 1 Sain Street Extension DOCUMENT 00410 — BID BOND (continued) which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 4th day of November 2020. �.. PRINCIPAL Crossland 1- ea Y vrs, In ' B SURETY Federal Insurance Company / Fidelity and Deposit Company of Maryland By ek�- # VU CarolyJ. Johnson, Attorney -in -Fact ATTORNEY -IN -FACT Carolyn J. Johnson c/o IMA, Inc. 9393 W. 110th Street, Suite 600, Overland Park, KS 66210 (This Bond shall be accompanied with Attorney-in-Fact's authority from Surety) 00410-Bid Bond END OF DOCUMENT 00410 00410-2 (CORPORATIi Sfl' ,t) ' i ■i Cr v I w'iO QErgsr n :~ . (CORPORATE SEAL) Sain Street Extension CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Bret S. Burton, Timothy H. Heffel, David B. McKinney, Todd Alan Rambo, Timothy Craig Smith, Myriah A. Valdivia and Desiree E. Westmoreland of Wichita, Kansas; Katherine J. Breit, Monica F. Donatelli, Carolyn J. Johnson, Kelly E. Kimmel, and S. Mark Wilkerson of Overland Park, Kansas ----------------------------------------------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 201 day of March, 2019. Dawn %I. Chloros. AssistanI. Secretary *00 STATE OF NEW JERSEY County ofHunterdon ss. Stephen M. Money. Vice III-csident *0o On this 201' day of March, 2019, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power ofAttorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority ofsaid Companies and in deponent's presence. ° Notarial Seal ROSE CURTIS NOTARY PUBLIC 7 NEWJHi1�Y wo.+� No. 50072/00 Cmnn I taw W wnbw 22.2022 x Notary I'tlblic CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30. 2016: "RF.SOI.VED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment'): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney - in -fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal ofthe Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments, (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification ofone or more particular Written Commitments (S) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given tinder my hand and seals of said Companies at Whitehouse Station, NJ, this 4th day Of November, 2020 ^• Dawn NI. Chloros. IN THE EVENT YOU WISH TO VERIFYTHE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: TOrphxntc(90R)903-3493 Fax MOM 903-36S6 e-mail: suremv chttbb.com 0 FED- VIG-PI (rev. 08-1 B) ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint S. Mark WILKERSON, Kelly E. KIMMEL, Morgan DEWEY, Monica F. DONATELLI, Debra L. WALZ, Carolyn J. JOHNSON and Katherine J. BREIT, all of Overland Park, Kansas, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of June, 2019. �Vol S SEAL ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 12th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto-, and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of November . 2020 Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 w-%vw. reyprts fela i ins (iy, zuric htut, coin 800-626-4577 Proposal Data 11 /4/2020 Back to Project Bid 20-83, Construction - Sain Street Extension - Proposal Data Show/Hide j Search Supplier TAX ID # Arkansas AR Secretary of 5. Pursuant Arkansas Code An Contractor's State Filing # certifies that they do not currer License # or Date during any time in which they a of Application public entity as defined in §25- contractor decides to boycott I. public entity in writing. Crossland Heavy Contractors, Inc. 48-1131853 0067301121 100205582 Yes Scorecard Open... Emery Sapp and Sons Inc 43-1708848 0133390421 100212597 Yes Scorecard Open... Q Help https://fayetteville-ar. bonfirehu b. com/projects/33098/proposal Data Contract for Bid 20-83 Appendix C Recommendation for Award CITY OF PAYEARKAN TE'�ILLE BID TABULATION BID 20-83, CONSTRUCTION - SAIN STREET EXTENSION Deadline: Wednesday November 4, 2020 before 2:00 PM, local time Certification Amount: $ 6,250,000.00 25%Allowance: $1,562,500.00 Crossland Heavy Contractors, Inc. Emery Sapp and Sons Inc Total Allowed: $ 7,812,500.00 Total Cost 1 $4,380,859.87 $6,541,016.04 I Line Item I I Spec Item I Unit of I Quantity I I Unit I Total I Unit I Total # No. Required Price Cost Price Cost Items Description Measure #1-1 Act 291, 1993 Trench and Excavation Safety Systems #1-2 Traffic Control and Maintenance #1-3 Erosion Control #14 Mobilization; Not to Exceed 5% of Total Bid #1-5 Clearing, Grubbing and Demolition #1-6 Select Fill (Plan Quantity) #1-7 Excavation (Plan Quantity) #1-8 Embankment (Plan Quantity) #1-9 Rock Excavation (Allowance) #1-10 4" Topsoil Placement #1-11 Subgrade Preparation (Plan Quantity) #1-12 Undercut and Backfill (Allowance) Rock Backfill (Sta 24+50 to 31+14, per Geotech Report #1-13 Recommendation) #1-14 Geogrid Fabric, TX160 (Sta. 24+50 to Sta. 31+16) Filter Fabric (Between Rock Backfill and Select Fill/Class 7 Base, Sta. #1-15 24+50 to Sta. 31+16) #1-16 18" RCP, Class III #1-17 24" RCP, Class III #1-18 30" RCP, Class III #1-19 4' x 2' RC Box Culvert (Includes Geogrid TX5) #1-20 4' x 3' RC Box Culvert (Includes Geogrid TX5) #1-21 4' Curb Inlet #1-22 5' Curb Inlet #1-23 Curb Inlet Extensions (4') #1-24 Curb Inlet Extensions (8') #1-25 4' Junction Box #1-26 5'Junction Box #1-27 Reverse Throat Inlet Top (EX 1) #1-28 Junction Box Top #1-29 Trench Drains #1-30 Trench Drain Inlet Box #1-31 Wingwalls, Headwalls and Appertenances for 4' by 3' RC Box Culvert #1-32 Wingwalls, Headwalls and Appertenances for 4' by 2' RC Box Culvert #1-33 2" ACHM Surface Course #1-34 3" ACHM Binder Course #1-35 6" Class 7 Base #1-36 Standard Concrete Curb and Gutter #1-37 Modified Curb and Gutter #1-38 1' Wide Valley Gutter #1-39 (4" Depth) 5' Concrete Sidewalk #1-40 Concrete Stairs, U of A Campus #1-41 Handicap Ramp Concrete #1-42 Truncated Dome Panels 6" Thick Concrete Driveway Approach and Sidewalk (includes 6" Class #1-43 7 Base) #1-44 Concrete Driveway (includes 6" Class 7 Base) #1-45 3" Asphalt Driveways (includes 6" Class 7 Base) #1-46 Seeding & Mulching (Beyond ROW in Field/Flood Plain) #1-47 Sodding (ROW & Greenspace) #1-48 4" Solid Striping, Yellow or White (Thermoplastic) 1 NA LS 1 $500 $500 $1.17 $1.17 2 604 LS 1 $9,200.00 $9,200.00 I $41,750.00 $41,750.00 3 621 LS 1 $30,440.00 $30,440.00 I $175,275.00 $175,275.00 4 601 LS 1 $167,500.00 $167,500.00 $300,000.00 $300,000.00 5 201 LS 1 $24,500.00 $24,500.00 $294,700.00 $294,700.00 6 210 CY 4950 $11 $54,450.00 $20.73 $102,613.50 7 210 CY 9300 $6 $55,800.00 $15.46 $143,778.00 8 210 CY 11750 $9.50 $111,625.00 $23.85 $280,237.50 9 210 CY 100 $105 $10,500.00 $61.59 $6,159.00 10 628 SY 10510 $4 $42,040.00 I $1.85 $19,443.50 11 214 SY 8550 $1.20 r $10,260.00 $3 $25,650.00 12 210 CY 990 $21.50 $21,285.00 $27.84 $27,561.60 13 207 TON 4300 $26 $111,800.00 I $35.65 $153,295.00 14 625 SY 3900 $6 $23,400.00 $4.42 $17,238.00 15 625 SY 3450 $2 $6,900.00 I $1.42 $4,899.00 16 606 LF 1126 $65 $73,190.00 $70.28 $79,135.28 17 606 LF 305 $73 $22,265.00 $110.76 $33,781.80 18 606 LF 171 $86 $14,706.00 $127.70 $21,836.70 19 607 LF 67 $368 $24,656.00 $503.97 $33,765.99 20 607 LF 15 $340 $5,100.00 $607.25 $9,108.75 21 609 EA 15 $5,005.00 $75,075.00 $4,455.77 $66,836.55 22 609 EA 4 $5,708.00 $22,832.00 $4,789.93 $19,159.72 23 609 EA 16 $1,423.00 $22,768.00 $1,330.22 $21,283.52 24 609 EA 2 $2,846.00 $5,692.00 $2,660.44 $5,320.88 25 609 EA 4 $5,150.00 $20,600.00 $4,033.62 $16,134.48 26 609 EA 2 $5,870.00 $11,740.00 $5,364.45 $10,728.90 27 609 EA 1 $3,340.00 $3,340.00 $2,267.86 $2,267.86 28 609 EA 1 $2,890.00 $2,890.00 $3,378.54 $3,378.54 29 609 IF 40 $670 $26,800.00 $625.64 $25,025.60 30 609 EA 2 $5,335.00 $10,670.00 I $4,807.49 $9,614.98 31 607 EA 1 $10,050.00F$7,7 00 I $13,195.14 $13,195.14 32 607 EA 1 $7,760.00 0 I $11,301.46 $11,301.46 33 406 TON 1000 $102.50 $102,500.00 $105.44 $105,440.00 34 406 TON 1300 $90 $117,000.00 $97.97 $127,361.00 35 303 SY 8550 $10.50 $89,775.00 $11.35 $97,042.50 36 634 LF 4350 $14.25 $61,987.50 $21.73 $94,525.50 37 634 LF 480 $16.75 $8,040.00 $27.01 $12,964.80 38 634 LF 80 $16.75 $1,340.00 $23.85 $1,908.00 39 633 SY 2450 $48 $117,600.00 $85.44 $209,328.00 40 633 SY 70 $179 $12,530.00 $846.59 $59,261.30 41 641 SY 55 $65 _ $3,575.00 $260.34 $14,318.70 42 641 EA 6 $170 $1,020.00 $522.01 $3,132.06 43 505 SY 400 $67 $26,800.00 I $89.30 $35,720.00 44 505 SY 160 $67 $10,720.00 $90.75 $14,520.00 45 407 TON 10 $382 �- $3,820.00 $538.97 $5,389.70 46 620 ACRE 1 $2,600.00 $2,600.00 $2,541.12 $2,541.12 47 622 SY 6175 $5 $30,875.00 I $4.85 $29,948.75 48 719 IF 2200 $1.39 $3,058.00 $1.35 $2,970.00 #1-49 4" Double Solid, Yellow or White(Thermoplastic) 49 719 LF 1700 $2.23 $3,791.00 $2.16 $3,672.00 #1-50 4" Skip Striping (Thermoplastic) 50 719 LF 550 $1.39 $764.50 $1.35 $742.50 #1-51 4" Dotted or Dashed Striping (Thermoplastic) 51 719 LF 25 $1.39 $34.75 $1.35 $33.75 #1-52 8" Solid Striping, White (Thermoplastic) 52 719 LF 4675 $2.23 $10,425.25 $2.16 $10,098.00 #1-53 8" Dashed Striping (Thermoplastic) 53 719 LF 700 $2.23 $1,561.00 $2.16 $1,512.00 #1-54 Non -Slip Reflective Paint, Green 54 719 SF 950 $22.28 $21,166.00 $21.63 $20,548.50 #1-55 12" Stop Bar (Thermoplastic) 55 719 LF 127 $5.57 $707.39 $5.41 $687.07 #1-56 Turning & Directional Arrow Pavement Symbols (Thermoplastic) 56 719 EA 16 $362 $5,792.00 $351.48 $5,623.68 #1-57 Helmeted Bicyclist and Arrow Markings (Thermoplastic) 57 719 EA 10 $557 $5,570.00 $540.74 $5,407.40 #1-58 "ONLY" Pavement Symbol (Thermoplastic) 58 719 EA 1 $418 $418 $405.55 $405.55 #1-59 Crosswalks, White (Thermoplastic) 59 719 LF 1050 $5.57 $5,848.50 $5.41 $5,680.50 #1-60 Crosswalks, Green (Non -Slip Reflective Paint) 60 719 LF 250 $5.57 $1,392.50 $5.41 $2,352.50 Various Street Signs (see Pavement Marking & Signage and #1-61 Signalization Plans) 61 723 EA 19 $284 $5,396.00 I $405.55 $7,705.45 #1-62 Project Signs 62 SP-17 EA 2 $836 $1,672.00 I $811.11 $1,622.22 #1-63 North Drainage Channel 63 SP-16 LS 1 $5,150.00 $5,150.00 $2,962.31 $2,962.31 #1-64 Relocate Regions Bank Monument Sign, STA. 42+80 64 NA LS 1 $5,600.00 $5,600.00 $8,068.50 $8,068.50 #1-65 Light Fixture (Type A) for Bridge 65 SP-14 EA 6 $7,250.00 1 $43,500.00 $17,536.20 $105,217.20 #1-66 Handrail (Wingwalls, Headwalls and Retaining Walls) 66 NA LF 320 $79 $25,280.00 $68.13 $21,801.60 #2-1 4" Concrete Surface, Including Concrete Shoulders 67 505 SY 1300 $62.50 $81,250.00 $128.06 $166,478.00 #2-2 4" Class Base 68 303 SY 1200 $9 $10,800.00 $10.38 $12,456.00 #2-3 Construction of Gravity Block Retaining Wall 69 SP-11 SF 1810 $53 $95,930.00 $65.46 $118,482.60 #2-4 Excavation (Plan Quantity) 70 210 CY 2325 $4 $9,300.00 $16.37 $38,060.25 #2-5 Subgrade Preparation (Plan Quantity) 71 214 SY 1300 $2.05 $2,665.00 $7.41 $9,633.00 #2-6 Select Fill (Plan Quantity) 72 210 CY 500 $11 $5,500.00 $19.54 $9,770.00 #2-7 Embankment (Plan Quantity) 73 210 CY 100 $4 $400 $25.78 $2,578.00 #2-8 Class 57 Crushed Stone for Backfill of Retaining Wall 74 SP-4 CY 500 $37 $18,500.00 $30.82 $15,410.00 #2-9 4" Solid Yellow Striping (Painted) 75 719 LF 820 $2.23 $1,828.60 I $2.16 $1,772.20 #2-10 Various Trail Signs 76 723 EA 6 $269 $1,614.00 $405.55 $2,433.30 #2-11 Temporary 10' Wide Trail 77 406/303 LS 1 $24,200.00 $24,200.00 $12,561.04 $12,561.04 #2-12 Remove and Reinstall Trail Light Fixture (Type A) 78 SP-14 EA 5 $67 $335 $3,595.92 $17,979.60 #2-13 Remove and Reinstall Direct Bury Fiberglass Pole (Type A) 79 SP-14 EA 5 $955 $4,775.00 $4,179.92 $20,899.60 #2-14 Surface Mounted Lights, Under bridge (Type B) 80 SP-14 EA 3 $1,220.00 $3,660.00 $1,892.59 $5,677.77 #2-15 1-1/4" Conduit (Schedule 40 PVC) 81 SP-18 LF 638 $8.39 $5,352.82 $16.76 $10,692.88 #2-16 1-1/2" Galvanized Steel Conduit 82 NA LF 100 $18.10 $1,810.00 $29.25 $2,925.00 #2-17 9" x 11" Polymer Concrete Pull Box with 2 Penta Bolts 83 SP-18 EA 7 $552 $3,864.00 $759.20 $5,314.40 #2-18 No. 8 AWG Copper Conductor 84 SP-7 LF 1374 $1 $1,374.00 $1.89 $2,596.86 #2-19 No. 3 AWG Copper Conductor 85 SP-7 LF 2748 $2.25 $6,183.00 $3.24 $8,903.52 #3-1 Unclassitied Excavation for Structures - Bridge 86 801 CY 41 $18 $738 $173.04 $7,094.64 #3-2 Class S Concrete - Bridge 87 SS & 802 CY 220 $890 $195,800.00 $1,081.48 $237,925.60 #3-3 Class S(AE) Concrete - Bridge 88 SP-5, SS & 802 CY 583 $634 $369,622.00 $757.04 $441,354.32 #3-4 Class 2 Protective Surface Treatment 89 803 SY 1846 $4 $7,384.00 $5.62 $10,374.52 #3-5 Reinforcing Steel - Bridge (Grade 60) 90 SS & 804 LB 35004 $1.22 $42,704.88 $1.30 $45,505.20 #3-6 Epoxy Coated Reinforcing Steel (Grade 60) 91 SS & 804 LB 148319 $1.14 $169,083.66 $1.41 $209,129.79 #3-7 Steel Piling(HP12X53) 92 SS & 805 LF 846 $59.50 $50,337.00 $64.89 $54,896.94 #3-8 Metal Bridge Railing (Type H) 93 806 LF 680 $52 $35,360.00 $75.70 $51,476.00 #3-9 Transitional Approach Railing 94 806 EA 4 $7,100.00 $28,400.00 $4,596.29 $18,385.16 #3-10 Structural Steel in Plate Girder Spans (M 270, Grade 50W) 95 SP-8, SS & 807 LB 500231 $1.75 $875,404.25 $2.49 $1,245,575.19 #3-11 Painting Structural Steel 97 SS & 807 TON 11 $1,325.00 $14,575.00 $2,352.22 $25,874.42 #3-12 Elastomeric Bearings 96 SS 8,808 CI 15120 $1.95 $29,484.00 $2.43 $36,741.60 #3-13 Silicone Joint Sealant 97 SS&809 LF 110 $85 $9,350.00 $81.11 $8,922.10 #3-14 Bridge Name Plate 98 812 EA 1 $500 $500 $567.78 $567.78 #3-15 Filter Blanket 99 816 SY 2042 $7 $14,294.00 $6.49 $13,252.58 #3-16 Dumped Riprap 100 816 CY 1025 $79 $80,975.00 $81.11 $83,137.75 #3-17 Drilled Shaft (54" Dia.) 101 SP-9 LF 146 $942 _ $137,532.00 $2,054.81 $300,002.26 #3-18 Permanent Steel Casing (60" Dia.) 102 SP-9 LF 92 $411 $37,812.00 $486.67 $44,773.64 #3-19 Crosshole Sonic Logging (54" Dia.) 103 SP-15 EA 6 $1,620.00 $9,720.00 $1,568.15 $9,408.90 #3-20 Coring Drilled Shaft 104 SP-15 LF 49 $200 $9,800.00 I $97.33 $4,769.17 #3-21 Architectural Finish 105 SP-2 SF 1556 $8 $12,448.00 $9.73 $15,139.88 #3-22 Textured Coating Finish 106 SP-20 SY 577 $25 $14,425.00 $19.20 $11,078.40 #4-1 Reinstall Existing Traffic Signal Head (3 Section Head, LED) 107 706 EA 3 $446 $1,338.00 $594.81 $1,784.43 #4-2 Reinstall Countdown Pedestrian Signal Head, LED 108 707 EA 2 $446 $892 $227.11 $454.22 #4-3 Electrical Conductors -In -Conduit, 1C/12 E.G.C. 109 708 LF 55 $1.67 $91.85 $1.14 $62.70 #4-4 Electrical Conductors -In -Conduit, 2C/12 A.W.G. 110 708 LF 130 $2.23 $289.90 $1.62 $210.60 #4-5 Electrical Conductors -In -Conduit, 1C/8 E.G.C. 111 708 LF 520 $2.79 $1,450.80 $1.46 $759.20 #4-6 Traffic Signal Cable (20C/14 A.W.G.) 112 708 LF 80 $5 $400 $6.11 $488.80 #4-7 Traffic Signal Cable (5C/14 A.W.G.) 113 708 LF 600 $2.79 $1,674.00 $1.78 $1,068.00 #4-8 Non -Metallic Conduit (3") 114 710 LF 275 $39 $10,725.00 I $29.04 $7,986.00 #4-9 Non -Metallic Conduit (1.25") 115 710 LF 33 $16.71 $551.43 $16.76 $553.08 #4-10 Concrete Pull Box (Type 2) 116 711 EA 3 $1,114.00 $3,342.00 $1,205.85 $3,617.55 #4-11 Traffic Signal Mast Arm with Luminaire and Pole with Foundation (40 117 714 EA 1 $25,784.00 $25,784.00 $19,828.93 $19,828.93 ft.) #4-12 LED Luminaire Assembly 118 714 EA 1 $1,087.00 $1,087.00 $1,032.81 $1,032.81 #4-13 Traffic Signal Pedestal Pole with Foundation (15 ft.) 119 715 EA 1 $3,926.00 $3,926.00 $3,368.81 $3,368.81 #4-14 Traffic Signal Pedestal Pole with Foundation and Push Buttons (5'-6") 120 715 EA 5 $3,342.00 $16,710.00 I $2,644.22 $13,221.10 #4-15 Standard Sign 121 726 SF 6 $390 $2,340.00 $43.80 $262.80 #4-16 Video Detector 122 733 EA 1 $3,900.00 r $3,900.00 $4,093.40 $4,093.40 #4-17 Video Cable 123 733 LF 140 $4.46 $624.40 $4.38 $613.20 #4-18 Removal of Traffic Signal Equipment 124 SP-19 LS 1 $4,456.00 $4,456.00 $1,898.00 $1,898.00 #4-19 Non -Metallic Conduit(2") 115B 710 LF 63 $22.28 $1,403.64 $19.47 $1,226.61 5 #5-1 UNIVERSITY OF ARKANSAS PARKING LOT Select Fill (Plan Quantity) 125 210 CY 780 $11 $8,580.00 $18.61 $14,515.80 #5-2 Excavation (Plan Quantity) 126 210 CY 1075 $11.55 $12,416.25 $23.50 $25,262.50 #5-3 3" ACHM Surface Course 127 407 TON 175 $110.06 $19,260.50 $111.13 $19,447.75 #5-4 6" Class 7 Base 128 303 SY 1125 $14.24 $16,020.00 $14.92 $16,785.00 #5-5 Standard Concrete Curb and Gutter 129 634 LF 541 $14.25 $7,709.25 $31.48 $17,030.68 #5-6 4" Solid Striping, Yellow (Painted) 130 719 LF 513 $2.25 $1,154.25 $2.16 $1,208.08 #5-7 Relocate Irrigation Valve and Piping 131 NA EA 1 $925 r $925 $5,503.59 $5,503.59 6 #6-1 WATER AND SEWER IMPROVEMENTS Install 1-Inch Copper Coated Water Service Line 132 331213 LF 273 $31 $8,463.00 $29.45 $8,039.85 #6-2 Water Meter 133 331233 EA 3 $1,600.00 r $4,800.00 $2,984.88 $8,954.64 #6-3 Valve Box Adjustments To Proposed Grade 134 331116 EA 8 $419 $3,352.00 $348.24 , $2,785.92 #6-4 Install Fire Hydrant Assembly 135 331219 EA 1 $7,260.00 $7,260.00 $8,144.62 $8,144.62 #6-5 Water and Sanitary Sewer Trench Excavation Safety 136 312317 / 016600 LS 1 $500 $500 $1.08 , $1.08 #6-6 Water and Sanitary Sewer Erosion Control 137 312500 LS 1 $1,800.00 $1,800.00 $6,682.46 $6,682.46 #6-7 Adjust Rim Elevation of Existing Sewer Manhole, Less than 18" 138 330514 EA 1 $1,200.00 $1,200.00 I $2,916.75 $2,916.75 #6-8 Adjust Rim Elevation of Existing Sewer Manhole, Greater than 18" 139 330514 EA 2 $1,850.00 $3,700.00 I $3,654.32 $7,308.64 10 CITY OF FAYETTEVILLE ARKANSAS Bid 20-83, Construction - Sain Street Extension Project Overview Project Details Reference ID Bid 20-83, Construction - Sain Street Extension Project Name Bid 20-83, Construction - Sain Street Extension Project Owner Andrea Foren Project Type ITB Department Purchasing Certification Amount $6,250,000.00 Certified amount plus 25% Allowance $7,812,500.00 Project Description Bid 20-83, Construction - Sain Street Extension Open Date Oct 11, 2020 12:00 AM CDT Close Date Nov 04, 2020 2:00 PM CST I naUncaa nnU vuNNncl Generated on Nov 05, 2020 9:38 AM CST - Adonis Bwashi Page 1 of 8 ... .., ni FAYETTEVILLE ARKANSA%AS Seal status Requested Information Unsealed on City's Required Forms Nov 04, 2020 2:05 PM CST Bid Bond 1 Nov 04, 2020 2:05 PM CST Arkansas Contractor's License Nov 04, 2020 2:05 PM CST # or Date of Application AR Secretary of State Filing # Nov 04, 2020 2:05 PM CST 5. 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, Nov 04, 2020 2:05 PM CST 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. TAX ID # Nov 04, 2020 2:05 PM CST Bid 20-83, Bid Form (BT-23SU) Nov 04, 2020 2:05 PM CST Unsealed by Adonis Bwashi Adonis Bwashi Adonis Bwashi Adonis Bwashi Adonis Bwashi Adonis Bwashi Adonis Bwashi CITY OF FAYETTEVILLE ARKANS AANAHSAS Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Adonis Bwashi Nov 04, 2020 2:05 PM CST L No FAYETTEVILLE ARKANS AR f�AS Public Notices Addendum 1 has been issued Les McGaugh, Oct 26, 2020 11:53 AM CDT The City of Fayetteville has issued Addendum 1 to Bid 20-83, Construction - Sain Street Extension Addendum 2 has been issued. Les McGaugh, Oct 29, 2020 3:51 PM CDT The City of Fayetteville has issued Addendum 1 to Bid 20-83, Construction - Sain Street Extension Addendum 3 has been issued Adonis Bwashi, Nov 02, 2020 9:36 AM CST The City of Fayetteville has issued Addendum 3 to Bid 20-83, Construction - Sain Street Extension. -ii or WOAAN& EVILLE A fI lCAN SAS Submissions Supplier Emery Sapp and Sons Inc Date Submitted Nov 04, 2020 11:57 AM CST Name Email Kane Thompson kane.thompson@emerysapp.com Confirmation Code MTA2MTQ3 Crossland Heavy Nov 04, 2020 1:35 PM Kaylee Mann kmann@heavycontractors.com MTA2MTgw Contractors, Inc. CST -ii or V40AAN& EVILLE A fI lCAN SAS Project Criteria Criteria Total Base Bid Price Within Certified Funds Points Description 100 pts Total Base Bid Price Pass/Fail Within Certified Funds + 25% Total 1100 pts -ii or V40AAN& EVILLE A fI lCAN SAS Scoring Summary Active Submissions Total Total Base Bid Price Supplier I / 100 pts / 100 pts Crossland Heavy Contractors, Inc. 1 100 pts 1 100 pts ($4,380,859.87) Emery Sapp and Sons Inc 1 66.98 pts 1 66.98 pts ($6,541,016.04) Page 8 of 8 Within Certified Funds Pass/Fail Pass Pass CITY OF EVILLE ARKANSNKANSA8 Signatures Name Signatures Andrea Foren Andrea Digitally signed by Andrea Foren (Project Owner) Fo re n Date: 2020.11.05 11:42:40-06'00' Digitally signed by Adonis Bwashi Adonis Bwashi {P"� DN: cn=Adonis Bwashi, (Evaluator) r email=abwashi@fayetteville-ar.gov, c=US Date: 2020.11.05 10:03:16-06'00' City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2020 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Resolution to award Bid #20-83 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $4,380,859.87 for the construction of the Sain Street Extension project, to approve a project contingency in the amount of $438,086.00, and to approve a Budget Adjustment. COUNCIL DATE: LEGISTAR FILE ID#: 12/1/2020 2020-0854 Ke�viwSpr%* e W10/2020 11:06 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: 12/1/2020 TOTAL Account Number 4,358,892 4,358,892 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20200820 Account Name 4470.800.8835-5809.00 3,773,154 - 06035 7213 EX Improvements - Street 4470.800.8835-5860.02 4470.800.8835-5911.99 235,269 - 350,469 - 06035 06035 7213 7213 EX EX Capital Prof Svcs - Engineering/Architects Contingency - Capital Project 4470.800.8835-4309.00 4470.800.8835-4420.00 - 4,090,426 - 268,466 06035 06035 7213 7213 RE RE Federal Grants - Capital Payments by Property Owners - base 4602.860.7213-5809.00 4602.860.7213-5860.02 607,706 - 58,818 - 46020 46020 7213 7213 EX EX Improvements - Street Capital Prof Svcs - Engineering/Architects 4602.860.7213-5911.99 4602.860.7999-5899.00 87,617 - (754,141) - 46020 46020 7213 7999 EX EX Contingency - Capital Project Unallocated - Budget K\Budget Adjustments\2020_Budget\City Council\ 1 2-01-2020\2020-0854 BA SAIN Federal Funds ConstructionAsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0949 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C.9 File Type: Resolution BURNS & MCDONNELL ENGINEERING COMPANY INC. SUPPLEMENT AGREEMENT NO. 2: A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $294,086.00 FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE SAIN STREET EXTENSION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Supplemental Agreement No. 2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $294,086.00 for construction management services including survey control, construction observation, materials testing, and engineering management associated with the Sain Street Extension Project. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 City of Fayetteville Staff Review Form 2020-0949 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Paul Libertini 11/9/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: A Resolution to approve Supplemental Agreement #2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $294,086 for construction management services associated with the construction of the Sain Street Extension project. 4602.860.7213.5860.02 4470.800.8835-5860.02 Account Number 46020.7213 / 06035.7213 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: 4602-Streets Project 2019 Bonds 4470-Sales Tax Capital Fund Sain Street Extension Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 5,163,431.00 $ 4,859,342.87 $ 304,088.13 $ 294,086.00 10,002.13 V20180321 2019-00000449 Previous Ordinance or Resolution # 114-19, 64-16 2408 Approval Date: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff EngineerQ� DATE: November 6, 2020 CITY COUNCIL MEMO SUBJECT: Sain Street Extension — Supplemental Agreement No. 2 with Burns & McDonnell Engineering Company RECOMMENDATION: Staff recommends City Council approval of Supplemental Agreement #2 to the contract with Burns & McDonnell Engineering Company in the amount of $294,086 for construction management services. BACKGROUND: Burns & McDonnell Engineering Company has been providing the necessary professional services to complete the design, environmental studies and land acquisition for the Sain Street Extension project. Both the construction plans and the right-of-way plans have been reviewed and approved by the Arkansas Department of Transportation (ARDOT). Since this is a federally funded (80%) project, it is necessary to follow all the federal guidelines and requirements in order to be eligible for reimbursement of City funds spent on construction. In this regard, it is in the City's best interest to add construction management services to the existing agreement with Burns & McDonnell. DISCUSSION: The Sain Street Extension project is ready to go to construction. A Pre -Bid meeting was held virtually on Tuesday, October 20'. The Bid Opening was held on Wednesday, November 4tn Supplemental Agreement No. 2 includes the following tasks: survey control, construction observation (inspection), materials testing and engineering management services. The attached agreement and fee schedule have been reviewed and approved by ARDOT. It should be noted that most Cities in our region hire out these types of services for federally funded projects due to the significant demand on man-hours and specialty services e.g. bridge inspection. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The cost of these services is $318,328 which will be reimbursed by the State at 80%, leaving the actual cost to the City of only $63,665 which will be paid from the Streets Project 2019 Bonds fund. These funds will be recognized in the Budget Adjustment which is being requested in the Agenda Item to award the construction contract. Attachments: Supplemental Agreement No. 2 with Burns & McDonnell Engineering Company Supplemental Agreement No. 2 Job No. 040688 FAP. No. STPU-9142(39) Sain Street Extension (Fayetteville) (S) Date: WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering Company, Inc. entered into an Agreement for Engineering Services on March 15, 2016; and, WHEREAS, representatives of the City of Fayetteville, Arkansas requested work in addition to that defined in the Agreement. NOW THEREFORE, the following modifications will be made to the Agreement to include the additional work requested: MODIFICATIONS: 1) The "Contract Ceiling Price" (Section 1.2) is increased from $608,134 to $902,220. 2) The "Title I Services Ceiling Price" (Section 1.12) remains unchanged at $608,134. 3) The "Title II Multiplier" (Section 1.13) is updated from 3.367 to 3.577 (<FY 2018). 4) The "Title II Services Ceiling Price" (Section 1.15) is established as $294,086. 5) The fixed fee (Section 3.4) remains unchanged at $37,321. 6) See Attachment A for modifications to the scope of work. 7) See Attachment B for modifications to Appendix A - Justification of fees and costs 8) See Attachment C for Subconsultant Agreement with McClelland Consulting Engineers, Inc. 9) The Completion Date (Section 17.1) for Title I Services shall be revised from June 28, 2019 to December 31, 2020 to encompass bid phase services. Completion Date of Title II Services will coincide with the Final Acceptance of Work by the City of Fayetteville. IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 2, to be effective upon the date set out above. BURNS & MCDONNELL ENGINEERING COMPANY, INC. BY: Steven Beam, P.E. Business Manager CITY OF FAYETTEVILLE, ARKANSAS BY: Lioneld Jordan Mayor Attachment A SCOPE OF WORK MODIFICATIONS Supplemental Agreement No. 2 Job No. 040688 FAP. No. STPU-9142(39) Sain Street Extension (Fayetteville) (S) The City of Fayetteville (City), in cooperation with the Arkansas Department of Transportation (ARDOT), formerly known as the Arkansas State Highway and Transportation Department (AHTD), and the Federal Highway Administration (FHWA), engaged Burns & McDonnell Engineering Company, Inc. to provide engineering services for the extension of Sain Street in Fayetteville, Arkansas. Section 7 of the Agreement for Engineering Services set forth the scope of services to be performed. The following Title II Services are now being added to the Scope of Work. CONSTRUCTION MANAGEMENT AND ADMINISTRATION A. GENERAL This work consists of providing construction management services to assist the City. The Consultant shall establish administrative office(s), capable of providing all Engineering Management Services for the Project. The Consultant will serve as an extension of the City to administer the project in accordance with City's standards including ARDOT Standards, e.g., Standard Specifications for Highway Construction, current Resident Engineer's Manual, and the "Manual of Field Sampling and Testing Procedures". The consultant shall be responsible for construction management and administration of the Project to ensure it is constructed in substantial conformance to the construction plans, special provisions and specifications, and the City's relevant standards and manuals. The Consultant shall be the only authorized Project site contact with the City's Representatives; all information, requests for information and correspondence from the Construction Contractor and all other parties at the Project site will be transmitted through the Consultant to the City. The Consultant will provide all construction management to include, but not limited to, furnishing survey crews, inspectors, materials testing laboratory equipment and staff, Resident Engineer, office clerical staff, vehicles, equipment, and supplies as required to provide the Service. The Consultant will perform all construction management to include, but not limited to, identification and recommendation of corrections for omissions, substitutions, defects and deficiencies in the construction plans, the work of the Construction Contractor, its subcontractors, its vendors and its consultants; and coordination of the efforts of the Construction Contractor and the City's Representative in an effort to meet the Project schedule and budget. Attachment A — Scope of Work Modifications Supplemental Agreement No. 2 B. PROJECT STAFFING The Consultant shall provide sufficient trained personnel to adequately and competently provide the Services and satisfy the requirements of this Agreement. The Consultant shall have the necessary qualified personnel available to provide Services for the project. The Consultant's personnel assigned to perform the Services must have prior construction experience in the areas of Services that they are to perform. The Consultant shall maintain a good working relationship with the City. Any person employed by the Consultant or by any Subconsultant who, in the opinion of the City, does not perform his/her Services in a reasonably proper and skillful manner, or is intemperate or disorderly, shall at the written request of the City, be removed immediately by the Consultant or Subconsultant employing such person and shall not be employed again in any portion of the Services without the approval of the City. C. SURVEY CONTROL The Consultant shall be responsible for verifying the existence and accuracy of location for the reference points and baseline control points indicated on the plans. The Consultant shall re-establish any missing or disturbed control points as may be required prior to the start of construction. The Consultant shall establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project for use by the Construction Contractor and the Consultant in performing verification surveys of construction layout. Control and any additional design surveys shall be supervised and certified (stamped) by a Professional Land Surveyor registered in Arkansas. The Consultant shall utilize software and procedures for quality control and quantity computations as required by the City. The Consultant shall make and record such measurements as are necessary to calculate and document quantities for pay items. All survey work shall be performed under the supervision of a Professional Surveyor registered in the State of Arkansas. D. CONSTRUCTION OBSERVATION The Consultant shall be responsible for monitoring the Construction Contractor's on -site construction operations and inspecting materials entering into the work as required. The Consultant shall keep detailed, accurate records of the Construction Contractor's daily operations in accordance with City's and ARDOT's procedures, rules, standards and policies. The frequency and scope of inspections will vary with the work activity being performed; however, the Consultant shall perform observation services in accordance with the AHTD Resident Engineer's Manual and other procedures, policies, directives and industry accepted standards. The inspector's site attendance shall be dictated by the nature and needs of the construction work being executed on a day to day basis, as such the inspector's work hours shall not reflect the Contractor's work hours. The City will be responsible for performing any required factory inspections of fabricated or manufactured items to be incorporated into the Project. Attachment A — Scope of Work Modifications Supplemental Agreement No. 2 E. TESTING The Consultant shall perform Project -site sampling and testing of component materials and completed work items to ensure the materials and workmanship incorporated in the project are in substantial conformity with the plans, specifications and contract provisions. The Consultant shall meet the minimum sampling frequencies and other provisions as contained in the ARDOT's "Manual of Field Sampling and Testing Procedures." The Consultant shall perform all on -site sampling of materials and such testing of materials and completed work items that are normally required to verify conformance with the contract documents. The Consultant shall provide the services of a Testing Laboratory to perform materials testing of the construction materials incorporated in the work. The Testing Laboratory shall perform material tests in accordance with the ARDOT's "Manual of Field Sampling and Testing Procedures." The Testing Laboratory shall be certified by the Center for Training of Transportation Professionals (CTTP). The Testing Laboratory shall furnish a Laboratory Supervisor who shall be responsible for all Project -site materials testing, documentation, and reporting of test results. The Testing Laboratory shall report test results by phone or email on critical construction items within four hours after the test results have been obtained. A written report shall be prepared and sent to the Consultant within 48 hours after test results are known on any test performed by the Testing Laboratory. All technicians performing materials testing shall be certified by the Center for Training of Transportation Professionals (CTTP) in every area in which materials testing is to be performed. The Consultant shall be responsible for on -site job control samples to determine the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, City's label, City's stamp, etc. The Consultant shall maintain a log of each individual test record in accordance with the AHTD's materials testing manual. F. ENGINEERING MANAGEMENT SERVICES The Consultant shall be responsible for engineering management services necessary to verify the Project is completed and ready for acceptance by the City. This will require interpretation of the plans and contract documents, coordination of changes to the project, assistance in processing of change and contract documents, coordination of changes to the project, assistance in processing of Change Orders and supplemental agreements, resolving disputes, claims analysis, and all other engineering management tasks normally handled by a Resident Engineer. These tasks include, but are not limited to the following: 1. Schedule and conduct a pre -construction conference for the Project. Document the conference in accordance with the City's & ARDOT's procedures. 2. Document any Project delay or potential delay caused by conflicts with utilities. 3. Review and monitor the Construction Contractor's work schedule and make recommendations to the City regarding any changes, or needed changes, to the schedule. Perform CPM schedule reviews, updates, and analysis of CPM Attachment A — Scope of Work Modifications Supplemental Agreement No. 2 impacts. Review credentials and qualifications of the Construction Contractor's personnel to ascertain compliance with construction contract requirements regarding said personnel. 4. Maintain a complete set of project records on each Project to include daily diaries, quantities for pay items, progress estimates, material deliveries, materials, testing, submittals, as-builts, and correspondence. 5. Maintain a record of each pay item and every month prepare a comprehensive progress estimate. Quantities will be based on daily records and calculations. 6. The Consultant shall conduct periodic construction meetings on the Project with the Construction Contractor and their subcontractors, the City's Project Representative and other interested parties to review the work schedule, plan changes, construction problems or other matters. The results of these meetings will be documented on the Engineer's monthly summary. 7. Track and maintain a log on all Construction Contractor submittals including requests for information, shop drawings, catalog cuts, and/or samples. An up-to- date status of each submittal must be maintained at all times through the approval stage. Transmit submittals, in accordance with the City's guidelines, to the City and Designer of Record for review and approval. Reviewed submittals are to be returned to the Construction Contractor for follow-up action. The Consultant shall encourage all reviewers to complete their review in a timely manner. Deficiencies will be immediately reported to the City's Project Representative. 8. Identify and monitor Project permit requirements and notify the Construction Contractor and the City immediately when violations or potential violations occur. 9. Upon notice by the Construction Contractor of pending claims for extra work or work beyond the original scope, maintain records indicating the approximate cost of such work performed by the Construction Contractor. 10. Analyze and make recommendations to the City's Project Representative on all requests received from the Construction Contractor for time extensions, contract changes, requests for information, extra work and proposals. 11. Coordinate all contract changes with the Construction Contractor, the Designer of Record, the City and others as required. 12. Process Supplemental Agreements pursuant to the construction contracts for necessary changes and recommend solutions to the City. 13. Monitor traffic control devices, lane closures, traffic queue lengths, travel time through project and other impacts on traffic in accordance with the Maintenance of Traffic Special Provision and Traffic Management Plan. 14. Monitor the Construction Contractor's compliance with construction contract provisions in regard to payment of predetermined wage rates in accordance with the City's procedures. This will include subcontractor compliance. Attachment A — Scope of Work Modifications Supplemental Agreement No. 2 15. Monitor each Construction Contractor's compliance with contract provisions in regard to Equal Employment Opportunity and Affirmative Action. Coordinate corrective actions with the City's Project Representative. 16. The Construction Contractor is fully responsible for the means and methods of jobsite safety for his construction personnel. The Consultant will monitor the Construction Contractor's compliance to jobsite safety; however, it is the Construction Contractor's obligation to enforce adherence to the Federal, State and local laws, rules and regulations concerning construction and jobsite safety. 17. Assist the City in preparing for any litigation or other action that may arise as a result of the Project. 18. Prepare the necessary Project close-out documents to include the final estimate and all supporting records, plus one set of red lined, as -built contract documents. 19. Perform all inspections and reporting required for U.S. Army Corps of Engineers Section 404 Permits and National Pollutant Discharge Elimination System (NPDES) permits issued by the Arkansas Department of Environmental Quality in accordance with procedures contained in the ARDOT's Resident Engineer's Manual and Erosion and Sedimentation Control Manual. Attachment A — Scope of Work Modifications Supplemental Agreement No. 2 Attachment B - Justification of Costs and Fees - SA 2 October 27, 2020 Job 040688 Sain Street Extension (Fayetteville) (S) Washington County TOTAL PROJECT SUMMARY TITLE I SERVICES HOURS SALARY FEE EXPENSES TOTAL PROJECT MANAGEMENT 143 $22,395 $2,687 $0 $25,082 PM - SUPPLEMENTAL AGREEMENT NO. 1 32 $5,772 $6 $o $6,465 ENVIRONMENTAL CLEARANCE DOCUMENTATION 240 $31,143E$3,7317 $3,268 $38,148 INTERCHANGE JUSTIFICATION REPORT 148 $18,728 $2,247 $6,300 $27,275 TRAFFIC DESIGN & PLANS 186 $23,478 $2,817 $8,909 $35,204 TRAFFIC - SUPPLEMENTAL AGREEMENT NO. 1 48 $5,531 $664 $0 $6,195 ROADWAY DESIGN & PLANS 360 $46,174 $5,541 $340 $52,055 BRIDGE DESIGN & PLANS 1,188 $151,357 $18,163 $264 $169,784 BRIDGE - SUPPLEMENTAL AGREEMENT NO. 1 52 $6,433 $772 $0 $7,205 ORIGINAL SUBTOTAL TITLE I j 2,265 j $293,275 j $35,192 j $19,081 j $347,548 REVISED SUBTOTAL TITLE I (SA NO. 1) 2,397 $311,011 $37,321 $19,081 $367,413 SUBCONSULTANTS TITLE I McClelland Consulting Engineers, Inc. 2,054 $169,046 $20,282 $8,709 $198,037 MCE Supplemental Agreeement No. 1 316 $27,289 $3,275 $10 $30,574 Harbor Environmental, Inc. 123 $9,958 $1,195 $957 $12,110 SUBTOTAL SUBCONSULTANTS TITLE 1 439 $37,247 $4,470 $967 $240,721 REVISED TOTAL TITLE I SA NO. 1 2,836 $348,258 $41,791 $20,048 $sos,l3a TITLE II SERVICES (SA NO. 2) 492 $71,003 $575 $71,578 SUBCONSULTANTS TITLE II (SA NO. 2) McClelland Consulting Engineers, Inc. 2,153 $212,377 $10,131 $222,508 TOTAL TITLE II SA NO. 2 2,645 $283,380 $10,706 $294,08s ORIGINAL TOTAL PROJECT 2,836 $348,258 $41,791 $20,048 1 $608,134 REVISED TOTAL PROJECT SA NO. 2 5,481 $631,638 $41,791 $30,754 $902,220 Attachment B - Justification of Costs and Fees - SA 2 October 27, 2020 Job 040688 Sain Street Extension (Fayetteville) (S) Washington County TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 2 MANHOURS TASK PD PM SE STRE STFE TECH ADMIN TOTAL Management & Administration Project Updates & Invoicing 26 26 52 Shop Drawing Review (Bridge) Expansion Joints 1 6 1 1 6 Structural Steel 0 Girders 16 16 Diaphragms 8 8 Splices 8 8 Stiffeners 6 6 Bearings 8 8 Type H Metal Bridge Rail 8 8 Textured Coating Color Review 4 4 Concrete Mix Design 6 6 Construction Observation (Bridge) Structure Layout and Staking 4 4 Driving Pile 8 8 Drilling Drilled Shafts 16 16 Caps 16 16 Slab 8 8 Columns 12 12 Caps 16 16 Setting Structural Steel 24 24 Deck Pour 20 20 Painting 16 16 Final Inspection 16 16 Engineering Management Services Preconstruction Conference 4 4 RFI Responses 40 40 Progress Meetings 30 30 Design Modifications Allowance 1 60 40 40 140 TOTAL MH - TITLE II SERVICES - SA NO. 2 0 1 26 1 0 1 360 1 40 1 40 1 26 1 492 Attachment B - Justification of Costs and Fees - SA 2 October 27, 2020 Job 040688 Sain Street Extension (Fayetteville) (S) Washington County TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 2 LABOR COSTS Category - Description Rate MH Amount PD - Project Director $70.00 0 $0 PM - Project Manager $60.00 26 $1,560 SE - Senior Engineer $50.00 0 $0 STRE - Structural Engineer $42.00 360 $15,120 STFE - Staff Engineer $35.00 40 $1,400 TECH - Technician $28.00 40 $1,120 ADMIN - Administrative Assistant $25.00 26 $650 Subtotal $19,850 Title II Multiplier 3.577 $71,003 Subtotal Labor Costs $71,003 EXPENSES ITEM Quantity Unit Rate Amount Mileage (16 mile round trip from Office to Site) 1,000 mile $0.575 $575 Subtotal Expenses $575 TOTAL COSTS - TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 2 $71,578 BASIS OF ESTIMATE Description Based on a 390 day construction schedule. Delays that result in lengthened construction schedule and extension of Title II Services may require additional compensation. Design modifications are only estimated. Each modification will require written approval of the additional funds. If this allowance is exceeded, Engineer may require additional compensation. Attachment B - Justification of Costs and Fees - SA 2 October 27, 2020 Job 040688 Sain Street Extension (Fayetteville) (S) Washington County TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 2 MCCLELLAND CONSULTING ENGINEERS, INC. MANHOURS TASK PRE TM PE CO CLR PLS PC GE LT FT TOTAL Project Management Project Reports & Invoicing 24 12 4 40 Construction Contract Administration 42 88 60 190 Roadway Pre -Construction Conference 3 3 3 3 1 13 Shop Drawing Reviews & Contractor Questions 4 16 16 2 38 Construction Phase Design Modifications 4 8 20 4 36 Survey Control Maintenance of Project Survey Control Points 12 24 1 1 36 Project Inspection Observation & Record keeping 24 56 96 1,200 24 1,400 Materials Testing 5 5 10 70 10 100 200 400 0 ES - SUPPLEMENTAL AGREEMENT NO. 2 106 188 1 205 1,203 1 105 12 24 1 10 100 1 200 2,153 LABOR COSTS Category - Description Rate MH Amount PRE - Principle Engineer $56.00 106 $5,936 TM - Task Manager $46.00 188 $8,648 PE - Project Engineer $37.00 205 $7,585 CO - Construction Observer $36.00 1,2031 $43,308 CLR - Clerical $20.00 105 $2,100 PLS - Registered Land Surveyor $41.00 12 $492 PC - Survey Party Chief $30.00 24 $720 GE - Geotechnical Engineer $46.00 10 $460 LT - Lab/Engineering Technician 1 $18.00 100 $1,800 FT - Field Technician 1 $24.00 200 $4,800 Subtotal $75,849 Title II Multiplier 2.80 $212,377 Subtotal Labor Costs $212,377 EXPENSES ITEM Quantity Unit Rate Amount Mileage (540 trips @ 1 miles) 540 Mile 0.58 $311 Concrete Cylinder Breaks (62 4"x8" Sets of 5) 310 Each 20.00 $6,200 Asphalt SG of Cores (14 Binder and 14 Surface Cores) 28 Each 35.00 $980 Proctor and Classification Testing of Select Fill Material 2 Each 300.00 $600 Nuclear Gauge Density Daily Usage Fee 170f Each 12.00 $2,040 Subtotal Expenses $10,131 TOTAL COSTS - TITLE II SERVICES - SUPPLEMENTAL AGREEMENT NO. 2 $222,508 BASIS OF ESTIMATE Description Services for Construction Administrative Services: Addendums/ Inquiries/ Pre -Bid Meeting/ Bid Opening/ Bid Tabulation/ Evaluation & Recommendation/ Contract Document Prep/ NTP Attend Project Meetings/ Write Reports &/or Minutes/ Address Site Issues/ Design Modifications/ Observe Construction. Assumptions for Materials Testing: 10 trips for consulting/coordination related to subgrade of roadway and trail reconstruction Density testing required for trail reconstruction, roadway fill/base materials, sidewalks and aprons, and also misc. sitework/utilities Two (2) proctors will be required for the project select fill material Reinforcing Bar Observation and most Proof Roll Observations will be conducted under Construction Observation services 62 sets of concrete cylinders being required for project elements (trail reconstruction, sidewalks and aprons, curb and gutter, bridge drilled piers, bridge columns, bridge pile caps and abutments, bridge wing walls, bridge end walls, and bridge deck) Continuous observation being required for installation of drilled piers and driven piles Ashpalt testing/coring frequency to follow Standard City of Fayetteville guidelines Attachment C Supplemental Agreement No. 2 Job No. 040688 FAR No. STPU-9142(39) Sain Street Extension (Fayetteville) (S) Date: WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering Company, Inc. entered into an Agreement for Engineering Services on March 15, 2016; and, WHEREAS, Burns & McDonnell Engineering Company, Inc. ("Consultant") and McClelland Consulting Engineers, Inc. ("Subconsultant") entered into a Subconsultant Agreement for professional and related services on March 15, 2016; and, WHEREAS, representatives of the City of Fayetteville, Arkansas requested work in addition to that defined in the Agreement. NOW THEREFORE, the following modifications will be made to the Subconsultant Agreement to include the additional work requested: MODIFICATIONS: 1) The "Contract Ceiling Price" (Section 3.2) is increased from $228,611 to $451,119. 2) The "Title I Services Ceiling Price" remains unchanged at $228,611. 3) The "Title II Multiplier" is established as 2.80 (FY 2018). 4) The "Title II Services Ceiling Price" is established as $222,508. 5) The fixed fee (Section 3.4) remains unchanged at $23,557. 6) The "Schedule of Salary Ranges" (Section 3.5.1) is revised to add the following Staff Classification and expenses: Staff Classification Low Rate per Hour High Rate per hour Construction Observer $30.00 $40.00 Expenses Rate Concrete Cylinder Breaks $20.00 per each Asphalt Cores & Testing $35.00 per each Proctor and Classification Testing of Fill $300.00 per each Nuclear Gauge Density Usage Fee $12.00 per day 7) See Attachment A for modifications to the scope of work. IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 2, to be effective upon the date set out above. BURNS & MCDONNELL ENGINEERING COMPANY, INC. BY: Steven Beam, P.E. Business Manager MCCLELLAND CONSULTING ENGINEERS, INC. Kevin Beaumont Date: 2020.11.02 BY: 12:41:22-06'00' Kevin Beaumont Vice President/ Dep't Head City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0984 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.10 AMEND 50.40 RATES FOR SERVICES: AN ORDINANCE TO AMEND § 50.40 RATES FOR SERVICES OF THE FAYETTEVILLE CITY CODE TO CHANGE THE COMMERCIAL CART SIZE FROM 95 GALLON TO 96 GALLON AND TO ENACT A LEASE FEE FOR THOSE CARTS WHEREAS, the City has been selling 95 gallon carts to commercial customers which cannot be repaired due to the design and when a customer cart is damaged even minimally the customer is forced to purchase another commercial cart; and WHEREAS, staff recommends utilizing the same 96 gallon cart that is used for residential collection which will give the Recycling & Trash Collection Division the ability to replace or repair the parts that are most often damaged; and WHEREAS, staff recommends assessing a lease fee of $2.00 per month to cover the cost of repair and replacement during the lifecycle of the cart which will prevent customers from having to pay a higher cost up front to purchase new carts, will help customers and the City manage the repair, removal, or disposal of damaged carts, and will maintain a consistent cost structure and maintenance system for all commercial containers. 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 repeals subsection (D) Commercial Service of § 50.40 Rates for Services and enacts a new § 50.40(D) as follows: (D) Commercial Service. Trash shall be collected from commercial customers as shown below. (1) The monthly commercial rate shall be: Commercial User Fee Schedule Commercial Container Size 96 Gallon Cart $19.83 2 cubic yards $47.50 4 cubic yards $88.45 6 cubic yards $115.00 Rate Per Pickup City of Fayetteville, Arkansas Page 1 Printed on 1111912020 File Number: 2020-0984 8 cubic yards $144.00 (2) Commercial 96-gallon carts shall be picked up once per week, Monday through Thursday. Larger commercial containers shall be serviced a minimum of once per week and a maximum of six (6) times per week, Monday through Saturday, except authorized holidays for city employees and unavoidable inclement weather. (3) The rate for providing extra collection of any 96-gallon cart shall be twice the monthly collection rate based on the number of collections per week as established by §50.40(B)(1). The rate for providing extra collection of any commercial front load dumpster shall be one-half the monthly per cubic yard rate for each dumpster size. (4) The rate for providing cardboard and paper recycling service shall be 25% of the equivalent commercial container trash service, except that the Recycling and Trash Collection Division may waive that fee for all 96-gallon cart customers. (5) Container rental is a flat fee per month. Container Rental/Dumpster Lease Fee Schedule Container Size Monthly Rate 96 Gallon Cart $2.00 2 yd $13.53 4 yd $15.47 6 yd $18.00 8 yd $21.25 City of Fayetteville, Arkansas Page 2 Printed on 1111912020 Brian Pugh Submitted By City of Fayetteville Staff Review Form 2020-0984 Legistar File ID 12/01/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/30/2020 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: Ordinance change amending the Recycling and Trash Collections Ordinance 50.40 to change the commercial cart size from 95 gallon to 96 gallon and to add a lease fee for those carts 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 DECEMBER 1st, 2020 TO: Mayor and City Council THRU: Jeff Coles, Director RTC Peter Nierengarten, Sustainability Director FROM: Jason Davis, Operations Supervisor Andrew Cook, Commercial Sales Rep. DATE: October 301h, 2020 SUBJECT: Ordinance Change 50.40 — Rates For Service CITY COUNCIL MEMO RECOMMENDATION: Staff recommends amending the Recycling and Trash Collections Ordinance 50.40 to change the commercial cart size from a 95-gallon to a 96-gallon and to add a lease fee for those carts. BACKGROUND: City staff have been selling 95-gallon carts to commercial customers which cannot be repaired due to the design thus when a customer cart is damaged even minimally, they are forced to purchase another commercial cart. DISCUSSION: Staff recommends utilizing the same 96-gallon cart that is currently being used for residential collection. This cart design gives Recycling and Trash Collections the ability to replace or repair the parts that are most often damaged such as the lid, wheels and dump bar while also minimizing the number of different inventory items that are kept in stock. Additionally, staff has recommends assessing a lease fee of $2.00 per month to cover the cost of repair and replacement during the lifecycle of the cart. This would prevent customers from having to pay a higher cost up front to purchase new carts and help them manage the repair, removal, or disposal of damaged carts. The transition to a lease fee would also maintain a consistent cost structure and maintenance system for all commercial containers. BUDGET/STAFF IMPACT: The lease fee is designed to cover the cost to supply, repair and replace the 96-gallon carts to commercial customers based the typical 96-gallon cart repair and replacement schedule, therefore there is no long-term budget impact. Attachments: Highlight and mark up of ordinance 50.40 — Rates For Service Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 50.40 - Rates For Services (A) Fee Increases. The recycling and trash user fee shall be adjusted annually based upon the Consumer Price Index (CPI) as published by the U.S. Department of Labor, unless specifically waived by City Council resolution. (B) Residential Single-Family/Duplex Service. Recycling and trash shall be collected from residential single-family/duplex customers one (1) time each week for the following rates: Recycling and Trash User Fee Schedule Container Volume Monthly Rat 32 $10.16 64 $15.52 96 $22.03 (1) There shall be no charge for the collection of residential yard waste. (2) Residential single-family/duplex service customers shall receive bulk collection at no charge one (1) time per year. (3) If a residential single-family/duplex customer wishes to exchange to a larger residential garbage cart size, the customer shall be assessed a $25.00 trip fee. No fee shall be assessed for customers wishing to exchange to a smaller cart. (4) The charge for an extra bag or an over -full cart shall be $6.72. (C) Residential Multi -family Service. Trash shall be collected from residential multi -family customers one (1) time each week at a rate of $9.72 per dwelling unit per month unless the owner of the multi- family complex requests greater volume/frequency of service than the minimum required service as determined by the Recycling and Trash Collection Manager. When requests for greater volume/frequency of service by an owner are made, rates shall be determined by the prevailing commercial service rate divided by the number of dwelling units. Multi -family trash service shall include recycling, subject to availability as determined by the Recycling and Trash Collections Director. (D) Commercial Service. Trash shall be collected from commercial customers as shown below. (1) The monthly commercial rate shall be: Commercial User Fee Schedule Commercial Container Size Rate Per Pickup 95 96 Gallon Cart $19.83 2 cubic yards $47.50 4 cubic yards $88.45 6 cubic yards I $115.00 8 cubic yards $144.00 (2) Commercial 95-gaf4ea-96-gallon carts shall be picked up once per week, Monday through Thursday. Larger commercial containers shall be serviced a minimum of once per week and a maximum of six (6) times per week, Monday through Saturday, except authorized holidays for city employees and unavoidable inclement weather. (3) The rate for providing extra collection of any 95-gaflen-96-gallon cart shall be twice the monthly collection rate based on the number of collections per week as established by §50.40(B)(1). The rate for providing extra collection of any commercial front load dumpster shall be one-half the monthly per cubic yard rate for each dumpster size. (4) The rate for providing cardboard and paper recycling service shall be 25% of the equivalent commercial container trash service, except that the Recycling and Trash Collection Division may waive that fee for all 95-gallOR 96-gallon cart customers. (5) Container rental is a flat fee per month. Container Rental/Dumpster Lease Fee Schedule Container Size (QbiG YaFds) I Monthly Rate 96 Gallon Cart 1 $2.00 2 yd 1 $13.53 4 yd 1 $15.47 6 yd 1 $18.00 8 yd 1 $21.25 (E) Use of Composting Facility. Businesses, including commercial landscapers and tree trimmers, and nonresidents that bring brush to the city's composting facility for disposal will be charged as follows: Composting User Fee Schedule Size I Rate Compact pickup trucks 1$5.25 Full size pickup trucks 1$8.40 Trailers up to 14 feet long 1 $10.50 Trailers greater than 14 feet long 1$15.75 (Code 1965, §§10-28, 10-29, 10-29.1; Ord. No. 1194, 4-6-59; Ord. No. 1443, 4-26-65; Ord. No. 2587, 12-18-79; Ord. No. 2751, 8-18-81; Ord. No. 2767, 10-20-81; Ord. No. 2855, 9-21-82; Ord. No. 2886, 1-18-83; Ord. No. 3626, 8-4-92; Ord. No. 3755, §§3, 4, 12-21-93; Ord. No. 3 84 1, §1, 11-16-94; Ord. No. 3842, §3, 11-16-94; Ord. No. 3993, §§15, 9-17-96; Ord. No. 4111, §5, 8- 4-98: Ord. No. 4349, 11-6-01; Ord. No. 4382, 3-19-02; Ord. No. 4415, §5, 9-17-02; Code 1991, §50.40, Ord. No. 4457 §50.40, 01-21-03; Ord. No. 4765, 09-20-05; Ord. No. 5278, 10-05-09; Ord. No. 5299, 12-15-09; Ord. No. 5470, 12-20-11; Ord. No. 5565, 02-19-13; Ord. No. 5691, 6- 03-14; Ord. No. 6138, §1, 1-3-19) City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0997 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.11 RZN-2020-016 (1011 S. HOLLYWOOD AVE.IWATSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-016 LOCATED AT 1011 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 1.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE 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 RSF-4, Residential Single Family, 4 Units per acre 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 1111912020 City of Fayetteville Staff Review Form 2020-0997 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 11/13/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2020-000016: Rezone (1011 S. HOLLYWOOD AVE./WATSON, 559): Submitted by DON WATSON for property located at 1011 S. HOLLYWOOD AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 1.3 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 DECEMBER 1, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner DATE: November 13, 2020 CITY COUNCIL MEMO SUBJECT: RZN-2020-000016: Rezone (1011 S. HOLLYWOOD AVEJWATSON, 559): Submitted by DON WATSON for property located at 1011 S. HOLLYWOOD AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 1.3 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located on S. Hollywood Avenue, south of W. Martin Luther King Jr. Boulevard and approximately .25 miles east of 1-49. The property contains six parcels, Lots 1 thru 6 of the Westwood Addition, which was platted in 1946. Three lots, 1011, 1013, and 1037 S. Hollywood have single-family dwellings; the others are undeveloped. The street has seen other rezoning activity; 1038 S. Hollywood Avenue, directly across the street to the east, was rezoned to CS, Community Services by City Council on October 20, 2020. The applicant has also requested to rezone 907 S. Hollywood Street to the north of this property to CS, Community Services (RZN-2020-000019). Request: The request is to rezone the property from RSF-4, Residential Single Family, 4 Units per Acre, to CS, Community Services. The applicant has not submitted an associated development proposal. Public Comment: Staff received one phone call inquiry on the item prior to the Planning Commission meeting. The individual expressed opposition to the rezoning, taking issue with the proposed use schedule in CS, Community Services. Land Use Compatibility: Staff finds the request to be compatible with surrounding land uses. The property is well -served by ample city -services, such as Fire Station #6 approximately 500 feet to the north, as well as water and sewer currently located in S. Hollywood Avenue. Additionally, the Tsa-La-Gi Trail, a paved trail that offers connections to the wider network of trails throughout the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 city and region currently borders the property to the south. The property is immediately adjacent to a commercial shopping center to the west, multi -family to the south, and a large acreage of CS -zoned property to the east. Rezoning the property as requested would bring the property into better compatibility with the surrounding land uses than maintaining the current zoning district. Land Use Plan Analysis: Staff finds the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as an Urban Center, which encourages high density, mixed -use structures to allow people to live, work, and shop in the same area. Staff finds that this rezone request closes the gap between commercial- and high -density zoning and brings the area into compliance with City Plan 2040. The infill score for the property is high, in response to the available alternative transportation networks through proximity to trails and public transportation lines. Encouraging a form -based district in the area allows for a higher scrutiny of design standards than would typically be involved with more traditional commercial zoning districts in the City of Fayetteville, such as C-1 or C-2, and the build -to -zone requirement allows for more walkable development. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9 for this site. The following elements of the matrix contribute to the score: • Appropriate Land Use (Urban Center) • Near ORT Bus Stop • Near Public School (Ramay Jr. High School) • Near Razorback Bus Stop • Near Sewer Main (S. Hollywood Avenue) • Near Paved Trail (Tsa-La-Gi Trail) • Near U of A Campus • Near Water Main (S. Hollywood Avenue) • Appropriate Fire Response (Station #6 at 900 S. Hollywood Avenue) DISCUSSION: At the November 9, 2020 Planning Commission meeting, commissioners voted to forward the subject item to City Council for approval with a unanimous vote of 9-0-0; Commissioner Garlock made the motion and Commissioner Brown seconded. Commissioners commented on whether Use Unit 18 (Gasoline service stations and drive-in/drive-thru restaurants) was appropriate as a by -right use in the CS, Community Services zoning district, but nonetheless recommend approval of the zoning change. No public comment was heard on the item at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000016 Close Up View AMd 1PZD C ML Legend Watson I \ RSF-4 \ Subject Property C-2 \ NEL•L-DR i Proposed CS W ,\ Q BEST-WAyST p O !� O J O \ LOSANGELES LOOP .I T RMF-12 I I I i I VENTURA PL I Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District I - - • IL - -� Planning Area � - - Fayetteville City Limits Building Footprint Feet 0 75 150 300 450 1 inch = 200 feet EXHIBIT 'A' RZN-2020-000016 M P- CS NORTH Zoning Acres CS 1.1 ■ 600 Total 1.1 EXHIBITS' RZN-2020-000016 Legal Descriptions Parcel: 765-12155-000 -1011 So. Hollywood Lot Numbered One (1) and Two (2) in Block Numbered Twelve (12) of Westwood Addlnon TO n City of Fayetteville, Arkansas, as per re -plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Parcel: 765-12156-000 1011 So. Hollywood Lot Numbered One (1) and Two (2) in Block Numbered Twelve (12) of Westwood Addition to the City of Fayetteville, Arkansas, as per re -plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Parcel: 765-12157-000 1013 So.Hollywood Lot Numbered Three (3) in Block Numbered Twelve (12) in Westwood Addition to the City of Fayetteville, Arkansas, as designated on recorded plat of said addition filed for record in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Subject to easements, rights -of -ways and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases. Parcel: 765-12158-000; Parcel: 765-12159-000; Parcel: 765-12160-000-1037 So. Hollywood LOTS NUMBERED FOUR (4), FIVE (5) AND SIX (6) IN BLOCK NUMBERED TWELVE (12) IN WESTWOOD ADDITION TO THE CITY OF FAYETTEVILLE, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION. 1p".- - TO: THRU: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE: Fayetteville Planning Commission Jonathan Curth, Development Review Manager Jessie Masters, Senior Planner November 9, 2020 Updated with PC hearing results from 11/9/2020 SUBJECT: RZN 20-000016: Rezone (1011 S. HOLLYWOOD AVE./WATSON, 559): Submitted by DON WATSON for property located at 1011 S. HOLLYWOOD AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 1.3 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN 2020-000016 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 2020-000016 to City Council with a recommendation for approval." BACKGROUND: The subject property is located on S. Hollywood Avenue, south of W. Martin Luther King Jr. Boulevard and approximately .25 miles east of 1-49. The property in question currently contains six parcels, Lots 1 thru 6 of the Westwood Addition, which was platted in 1946. Three lots, 1011, 1013, and 1037 S. Hollywood currently have single-family dwellings; the others are undeveloped. The street has recently seen other rezoning activity; 1038 S. Hollywood Avenue, directly across the street to the east, was rezoned to CS, Community Services by City Council on October 20, 2020. The applicant has also requested to rezone 907 S. Hollywood Street to the north of this property to CS, Community Services. The properties are zoned RSF-4, Residential Single -Family, 4 Units Per Acre. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre South Mixed -Density Residential RMF-12, Residential Multi -Family, 12 Units per Acre East Single -Family Residential CS, Community Services West Commercial C-2, Thoroughfare Commercial Request: The request is to rezone the property from RSF-4, Residential Single Family, 4 Units per Acre, to CS, Community Services. The applicant has not submitted an associated development proposal. Public Comment: Staff has not received any public comment on this item. Planning Commission November 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 1 of 14 INFRASTRUCTURE: Streets: The subject area has frontage along S. Hollywood Avenue. S. Hollywood Avenue is a partially improved Neighborhood Link street with asphalt paving with open ditches, and shared -use paved trail on south side of property (Tsa-La-Gi Trail). Any required street improvements or additional requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 6-inch water main is present along the east side of S. Hollywood Avenue. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer main is present along the west side of S. Hollywood Avenue, and another 6-inch sanitary sewer main runs along the west side of the property in question. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils are present on the west side of the subject property. No portion of the property is within the Hillside -Hilltop Overlay District, nor within a FEMA Floodplain. No protected stream is present in the area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 6, located at 900 S. Hollywood Avenue, protects the site. The property is located approximately 0.1 miles from the fire station with an anticipated drive time of approximately 2 minutes using existing streets. The anticipated response time would be approximately 2.2 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 Urban Center. Urban Center Areas contain the most intense and dense development patterns within the City and allow for the tallest and greatest variety of buildings. Urban Center accommodates rowhouses, apartments, local and regional retail, hotels, clean technology industries and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility. Although Urban Center Areas recognize the conventional big box and strip retail centers existing along major arterials, it is expected that vacant properties will be developed into traditional mixed -use centers, allowing people to live, work and shop in the same area. Additionally, infill of underperforming or undervalued existing big box and strip centers should be strongly encouraged since there is a greater return on investment for redevelopment of these areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and parklands. Planning Commission November 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 2 of 14 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9 for this site, with a weighted score of 12 at the highest level. The following elements of the matrix contribute to the score: • Appropriate Land Use (Urban Center) • Near ORT Bus Stop • Near Public School (Ramay Jr. High School) • Near Razorback Bus Stop • Near Sewer Main (S. Hollywood Avenue) • Near Paved Trail (Tsa-La-Gi Trail) • Near U of A Campus • Near Water Main (S. Hollywood Avenue) • 4 Minute Fire Response (Station #6 at 900 S. Hollywood Avenue) 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 property in question is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre, and a request to CS, Community Services may at first seem out of scale. However, staff does find the request to be compatible with surrounding land uses. The property is well -served by ample city -services, such as Fire Station #6 approximately 500 feet to the north, as well as water and sewer currently located in S. Hollywood Avenue. Additionally, the Tsa-La-Gi Trail, a paved trail that offers connections to the wider network of trails throughout the city and region currently borders the property to the south. The property is also immediately adjacent to a commercial shopping center to the west, multi -family to the south, and a large acreage of CS -zoned property to the east. Rezoning the property as requested would bring the property into better compatibility with the surrounding land uses than maintaining the current zoning district. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as an Urban Center, which encourages high density, mixed -use structures to allow people to live, work, and shop in the same area. Staff finds that this rezone request closes the gap between commercial- and high -density zoning and brings the area into compliance with City Plan 2040. The infill score for the property is also high, much in response to the available alternative transportation networks through proximity to trails and public transportation lines. Encouraging a form -based district in the area also allows for a higher scrutiny of design standards than would typically be involved with more traditional commercial zoning districts in the City of Fayetteville, such as C-1 or C-2, and the build - to -zone requirement allows for more walkable development forms. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Planning Commission November 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 3 of 14 Finding: The applicant did not offer a specific development proposal along with this request. Staff finds that a rezone from RSF-4 to CS is consistent with long- term land use plans, and brings the site into agreement with City Plan 2040 as an Urban Center, therefore making this request justified from staff's perspective. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to CS does have the potential to increase traffic along S. Hollywood Avenue as opposed to keeping the property zoned RSF-4. However, staff finds that the size of the request in comparison to the nearby already -zoned -CS property would not appreciably impact any traffic danger. Additionally, the recent improvements and added connectivity of S. Hollywood Avenue and 15t" Streets increase the developability of this site. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to CS would have the potential to increase the population density, since CS does allow for residential uses up to multi- family dwellings. Staff finds that given the recent street improvements made in the area, the nearby school, and availability of water and sewer, this request would not put an undue burden on these existing services. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 2020-000016 to the City Council with a recommendation for approval. Planning Commission November 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 4 of 14 PLANNING COMMISSION ACTION: Required YES Date: November 9, 2020 O Tabled XI Forwarded O Denied (Motion: Garlock (Second: Brown jVote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acres o §161.22 -Community Services • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission November 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 5 of 14 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 I City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Unit 5 Unit 9 Cultural and recreational facilities Government facilities Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay District Lot 8,000 square feet 12,000 square feet area minimum Land area per dwelling unit 8,000 square feet 6,000 square feet Planning Commission November 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 6 of 14 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) Planning Commission November 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 7 of 14 161.22 - 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 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 [nit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 18 Gasoline service stations and drive-in/drive through restaurants 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 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies Planning Commission November 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 8 of 14 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling All others (2) Lot Area Minimum. None. (E) Setback regulations. Front Side and rear: Side or rear, when contiguous to a single-family residential district: 18 feet None A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (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) Planning Commission November 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 9 of 14 Fayetteville Associates, LT® P.O. Box 185 ayyetttev Ile, AR 72702 204 South East St. 479-442-4774 Fax 479-442-9368 e-mail dwwatson@sbcglobal.net September 24, 2019 City of Fayetteville Planning and Zoning Department 113 West Mountain St Fayetteville, AR 72701 RE: Rezoning application 1011-1013-1037 So Hollywood Dear Sir or Madam: This is our letter as part of the rezoning application for 1011, 1013, & 1037 So. Hollywood In Fayetteville. The property is currently zoned RSF-4 and we are requesting a change in the zoning classification to Community Services (CS). The proposed zoning is compatible with existing and future land uses. Properties to the south have recently been developed as student housing, property to west is commercial, and property to east is also in process of changing to CS. The future land use plan shows this property as Urban Center. Recently South Hollywood has been extended to 15th Street and what was once a dead end is now a Neighborhood Link, additionally the UA parking lot has extended a new connection to Hollywood and Parnell Drive. Additionally, Best Way Street now connects Hollywood to the frontage road off (Futral Dr) 1-49 and intersects at our property. The city's trail system is at our south boundary. Changing the zoning classification will conform to surrounding zoning and use plans and will not adversely affect surrounding properties. Sinlrely, Don Watson, Project Manager Fayetteville Associates, ltd. Planning Commission November 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 10 of 14 Agenda Item 8 RZN 20-000016 Watson Page 11 of 14 RZN-2020-000016 Close Up View M Legend Shared Use Paved Trail Trail (Proposed) Design Overlay District L - -� Planning Area - - Fayetteville City Limits Building Footprint BESTMAYST La N 0 75 150 Watson Feet 300 450 1 inch = 200 feet L :11 I- HU A& NORTH Zoning Acres CS 1.1 Total 1.1 Planning Corrlmission ni .,@wb 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 12 of 14 RZN-2020-000016 Watson I A& Current Land Use NORTH F. E, Mixed -Density 4 Fire Station #6 Residential Commercial ,. PARNELL DR --- r- - _ f r f Undeveloped - t Subject Property Single -Family AN Residential r, ?ioo BEST-WAYS Q Multi -Family Residential Multi -Family Residential (Under Construction) LOS ANGELES LOOP OL Shared Use Paved Trail Trail (Proposed) Feet Planning Area 0 35 70 140 210 280 - - -; Fayetteville City Limits — — 1 inch = 100 feet j — Design Overlay District FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Conjmission WQwo"^^ "^a^^ 9, 2020 Agenda Item 8 RZN 20-000016 Watson Page 13 of 14 RZN-2020-000016 M Future Land Use Watson I Subject Property PARNELL- •� I •` Q � o BEST Wqy-gT O O k v LOS ANGELE 2 O j O VENTURA PL Natural x 2 � 9 COO � Legend Planning Area - - Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint Feet 0 112.5 225 450 675 1 inch = 300 feet Non -Municipal Government ■ Urban Center lull. City Neighborhood llll� Civic Institutional Civic and Private Open Space Industrial llll� Natural Non -Municipal Government 900 Residential Neighborhood 111 Rural Residential = Urban Center Di-;, r, ssion 2020 Agenda Item 8 RZN 20-000016 Watson Page 14 of 14 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1002 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.12 RZN 2020-019 (907 S. HOLLYWOOD AVE.IWATSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-019 LOCATED AT 907 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 0.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE 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 RSF-4, Residential Single Family, 4 Units per acre 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 1111912020 City of Fayetteville Staff Review Form 2020-1002 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 11/13/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 20-000019: Rezone (907 S. HOLLYWOOD AVE./WATSON, 559): Submitted by DON WATSON for property located at 907 S. HOLLYWOOD AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.3 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 DECEMBER 1, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner DATE: November 13, 2020 CITY COUNCIL MEMO SUBJECT: RZN-2020-000019: Rezone (907 S. HOLLYWOOD AVE./WATSON, 559): Submitted by DON WATSON for property located at 907 S. HOLLYWOOD AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.3 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located on S. Hollywood Avenue, south of W. Martin Luther King Jr. Boulevard and approximately .25 miles east of 1-49. The property in question is one parcel, 765- 12150-000, which is Lot 1 of Block 6 of the Westwood Addition, originally platted in 1946. The street has recently seen other rezoning activity; 1038 S. Hollywood Avenue was rezoned to CS, Community Services by City Council on October 20, 2020. The applicant has also requested to rezone six lots one block to the south, (1011, 1013, and 1037 S. Hollywood Avenue) to CS, Community Services (RZN-2020-000016). Request: The request is to rezone the property from RSF-4, Residential Single Family, 4 Units per Acre, to CS, Community Services. The applicant has not submitted an associated development proposal. Public Comment: Staff received one phone call inquiry on the item prior to the Planning Commission meeting. The individual expressed opposition to the rezoning, taking issue with the proposed use schedule in CS, Community Services. Land Use Compatibility: Staff finds the request to be compatible with surrounding land uses. The property is well -served by ample city -services, such as Fire Station #6 directly across the street, as well as water and sewer currently located in S. Hollywood Avenue. Additionally, the Tsa-La-Gi Trail, a paved trail that offers connections to the wider network of trails throughout the city and region is located about 500 feet to the south. The property is also immediately adjacent to a Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 commercial shopping center to the west and mixed -density residential to the south including single-family and duplexes. Rezoning the property as requested would bring the property into better compatibility with the surrounding land uses than maintaining the current zoning district. Land Use Plan Analysis: Staff finds that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as an Urban Center, which encourages high density, mixed -use structures to allow people to live, work, and shop in the same area. Staff finds that this rezone request closes the gap between commercial- and high -density zoning and brings the area into consistency with City Plan 2040. The infill score for the property is high, due to the available alternative transportation networks through proximity to trails and public transportation lines. Encouraging a form -based district in the area also allows for a higher scrutiny of design standards than would typically be involved with more traditional commercial zoning districts in the City of Fayetteville, such as C-1 or C-2, and the build -to -zone requirement allows for more walkable development forms. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9 for this site. The following elements of the matrix contribute to the score: • Appropriate Land Use (Urban Center) • Near ORT Bus Stop • Near Public School (Ramay Jr. High School) • Near Razorback Bus Stop • Near Sewer Main (S. Hollywood Avenue) • Near Paved Trail (Tsa-La-Gi Trail) • Near U of A Campus • Near Water Main (S. Hollywood Avenue) • Appropriate Fire Response (Station #6 at 900 S. Hollywood Avenue) DISCUSSION: At the November 9, 2020 Planning Commission meeting, commissioners voted to forward the subject item to City Council for approval with a vote of 8-1-0, with Commissioner Brown making the motion and Commissioner Winston seconding. Commissioner Paxton, the dissenting vote, commented on whether Use Unit 18 (Gasoline service stations and drive-in/drive-thru restaurants) was appropriate in the CS, Community Services zoning district and at this location; commissioners nonetheless recommend approval of the zoning change. No public comment was heard on the item at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000019 Close Up View W D Legend Watson 11 OLD FARMINGTON-RD 9, Zc 9L T13ESTWAYST II RMF-12 Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District 1 - - • IL - -� Planning Area � - - Fayetteville City Limits Building Footprint LNK W Proposed CS Q 0 O O RSF-4V in 0 2 PARNELL-DR Feet 0 75 150 300 450 1 inch = 200 feet P-1 :II EXHIBIT 'A' RZN-2020-000019 UD E I A& NORTH Zoninq Acres CS 0.3 Total 0.3 EXHIBIT `B' RZN-2020-000019 LEGAL DESCRIPTION Parcel: 765-12150-000 907 So. Hollywood All of that part of the South Half (S `/z) of Commerce Street lying adjacent to and contiguous with the North line of Lot One (1) in Block Numbered Six (6) of the re -plat of Westwood Addition recorded in plat book 3 at page 322 of the records of Washington County, Arkansas, as stated in Ordinance No. 2596 filed in book 1009 at page 588. Subject to reservations for public utilities. 1p".- - TO: THRU: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE: Fayetteville Planning Commission Jonathan Curth, Development Review Manager Jessie Masters, Senior Planner November 9, 2020 Updated with PC hearing results from 11/9/2020 SUBJECT: RZN 20-000019: Rezone (907 S. HOLLYWOOD AVE./WATSON, 559): Submitted by DON WATSON for property located at 907 S. HOLLYWOOD AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.00 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN 2020-000019 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 2020-000019 to City Council with a recommendation for approval." BACKGROUND: The subject property is located on S. Hollywood Avenue, south of W. Martin Luther King Jr. Boulevard and approximately .25 miles east of 1-49. The property in question is one parcel, 765- 12150-000, which is Lot 1 of Block 6 of the Westwood Addition, originally platted in 1946. The street has recently seen other rezoning activity; 1038 S. Hollywood Avenue, directly across the street to the east, was rezoned to CS, Community Services by City Council on October 20, 2020. The applicant has also requested to rezone six lots one block to the south, (1011, 1013, and 1037 S. Hollywood Avenue) to CS, Community Services. The properties are zoned RSF-4, Residential Single -Family, 4 Units Per Acre. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Commercial (Fast Food) 1-1, Heavy Commercial and Light Industrial South Mixed -Density Residential RSF-4, Residential Single -Family, 4 Units Per Acre East Fire Station #6 P-1, Institutional West Commercial C-2, Thoroughfare Commercial Request: The request is to rezone the property from RSF-4, Residential Single Family, 4 Units per Acre, to CS, Community Services. The applicant has not submitted an associated development proposal. Public Comment: Staff has not received any public comment on this item. Planning Commission November 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 1 of 14 INFRASTRUCTURE: Streets: The subject area has frontage along S. Hollywood Avenue. S. Hollywood Avenue is an unimproved Neighborhood Link Street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal, as well as would any requirements for drainage. Water: Public water is available to the subject area. An existing 6-inch water main is present along the east side of S. Hollywood Avenue. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer main is present along the west side of S. Hollywood Avenue. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils appear to be present on the west side of the subject property. No portion of the property is within the Hillside -Hilltop Overlay District, nor within a FEMA Floodplain. No protected stream is present in the area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 6, located at 900 S. Hollywood Avenue, protects the site. The property is located approximately 0.01 miles from the fire station with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 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 Urban Center. Urban Center Areas contain the most intense and dense development patterns within the City and allow for the tallest and greatest variety of buildings. Urban Center accommodates rowhouses, apartments, local and regional retail, hotels, clean technology industries and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility. Although Urban Center Areas recognize the conventional big box and strip retail centers existing along major arterials, it is expected that vacant properties will be developed into traditional mixed -use centers, allowing people to live, work and shop in the same area. Additionally, infill of underperforming or undervalued existing big box and strip centers should be strongly encouraged since there is a greater return on investment for redevelopment of these areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and parklands. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9 for this site, with a weighted score of 12 at the highest level. The following elements of the matrix contribute to the score: Planning Commission November 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 2 of 14 • Appropriate Land Use (Urban Center) • Near ORT Bus Stop • Near Public School (Ramay Jr. High School) • Near Razorback Bus Stop • Near Sewer Main (S. Hollywood Avenue) • Near Paved Trail (Tsa-La-Gi Trail) • Near U of A Campus • Near Water Main (S. Hollywood Avenue) • 4 Minute Fire Response (Station #6 at 900 S. Hollywood Avenue) 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 property in question is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre, and a request to CS, Community Services may at first seem out of scale. However, staff does find the request to be compatible with surrounding land uses. The property is well -served by ample city -services, such as Fire Station #6 directly across the street, as well as water and sewer currently located in S. Hollywood Avenue. Additionally, the Tsa-La-Gi Trail, a paved trail that offers connections to the wider network of trails throughout the city and region is located about 500 feet to the south. The property is also immediately adjacent to a commercial shopping center to the west and mixed -density residential to the south including single-family and duplexes. Rezoning the property as requested would bring the property into better compatibility with the surrounding land uses than maintaining the current zoning district. Land Use Plan Analysis: Staff finds that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as an Urban Center, which encourages high density, mixed -use structures to allow people to live, work, and shop in the same area. Staff finds that this rezone request closes the gap between commercial- and high -density zoning and brings the area into consistency with City Plan 2040. The infill score for the property is also high, much in response to the available alternative transportation networks through proximity to trails and public transportation lines. Encouraging a form -based district in the area also allows for a higher scrutiny of design standards than would typically be involved with more traditional commercial zoning districts in the City of Fayetteville, such as C-1 or C-2, and the build - to -zone requirement allows for more walkable development forms. Given the recent rezoning actions, completed development, and improved connectivity in the area, staff recommends the remaining properties along S. Hollywood Avenue be considered as a part of an area -wide rezoning. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Planning Commission November 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 3 of 14 Finding: The applicant did not offer a specific development proposal along with this request. Staff finds that a rezone from RSF-4 to CS is consistent with long- term land use plans, and brings the site into agreement with City Plan 2040 as an Urban Center, therefore making this request justified from staff's perspective. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to CS does have the potential to increase traffic along S. Hollywood Avenue as opposed to keeping the property zoned RSF-4. However, staff finds that the size of the request in comparison to the nearby already -zoned -CS property would not appreciably impact any traffic danger. Additionally, the recent improvements and added connectivity of S. Hollywood Avenue and 15t" Streets increase the developability of this site. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to CS would have the potential to increase the population density, since CS does allow for residential uses up to multi- family dwellings. Staff finds that given the recent street improvements made in the area, the nearby school, and availability of water and sewer, this request would not put an undue burden on these existing services. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 2020-0000019 to the City Council with a recommendation for approval. Planning Commission November 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 4 of 14 PLANNING COMMISSION ACTION: Required YES Date: November 9, 2020 O Tabled 0 Forwarded O Denied (Motion: Brown (Second: Winston jVote: 8-1-0 (Commissioner Paxton dissentin BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acres o §161.22 -Community Services • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission November 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 5 of 14 161.07 - 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 us Unit 3 Public protection and utility facilii 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 faciliti( Unit 44 Cluster Housing Development (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 width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet I6,000 square feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay District Lot 8,000 square feet 12,000 square feet area minimum Land area per dwelling unit 8,000 square feet 6,000 square feet Planning Commission November 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 6 of 14 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) Planning Commission November 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 7 of 14 161.22 - 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 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 [nit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 18 Gasoline service stations and drive-in/drive through restaurants 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 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies Planning Commission November 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 8 of 14 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling All others (2) Lot Area Minimum. None. (E) Setback regulations. Front Side and rear: Side or rear, when contiguous to a single-family residential district: 18 feet None A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (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) Planning Commission November 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 9 of 14 Triangle Builders Supply, Inc. P.O. Box 185 ayyetttev Ile, AR 72702 204 South East St. 479-442-4774 Fax 479-442-9368 e-mail dwwatson@sbcglobal.net September 24, 2019 City of Fayetteville Planning and Zoning Department 113 West Mountain St Fayetteville, AR 72701 RE: Rezoning application 907 So Hollywood Dear Sir or Madam: This is our letter as part of the rezoning application for 907 So. Hollywood In Fayetteville. The property is currently zoned RSF-4 and we are requesting a change in the zoning classification to Community Services (CS). The proposed zoning is compatible with existing and future land uses. Properties to the south have recently been developed as student housing, property to west is commercial, and property to east is a Fire Station and McDonalds. Property adjoining to north is Taco Bell. The future land use plan shows this property as Urban Center. Recently South Hollywood has been extended to 15th Street and what was once a dead end is now a Neighborhood Link, additionally the UA parking lot has extended a new connection to Hollywood and Parnell Drive. Additionally, Best Way Street now connects Hollywood to the frontage road off (Futral Dr) I-49. The city's trail system is about'h Block away. Changing the zoning classification will conform to surrounding zoning and use plans and will not adversely affect surrounding properties. ._Q Since(ely, Don W tson, Pr ject Manager Triangle Builders Supply, Inc. Planning Commission November 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 10 of 14 Agenda Item 9 RZN 20-000019 Watson II Page 11 of 14 RZN-2020-000019 Close Up View OLD FARMINGTON-RD WiD l l 1 1 1 l 1 1 Legend 1 1: 1 1 1 1 1 1 TBEST WAYST II RMF-12 Shared Use Paved Trail Trail (Proposed) Design Overlay District L - -� Planning Area - - Fayetteville City Limits Building Footprint Watson 11 N T4 AmbL, ��%I 9L LNG I-1 PASADENA LNK w Q 0 O O RSF-4 P-1 J J O 2 PARNELL-DR- Feet 0 75 150 300 450 1 inch = 200 feet :11 A& NORTH Zoninq Acres CS 0.3 Total 0.3 Planning Co mission 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 12 of 14 RZN-2020-000019 Watson II NORTH Current Land Use _ ti + Commercial Commercial PASADENA LNK Jr� UJ I Commercial �' • �— p _ Subject Property r O Fire Station #6 `Mixed -Density ' Residential ' d h Shared Use Paved Trail Feet Trail (Proposed) Planning Area 0 25 50 100 150 200 Fayetteville City Limits 1 inch = 80 feet FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Co mission 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 13 of 14 RZN-2020-000019 Future Land Use Legend Watson II PHILLIP- Civic Institutional N 7 G? -OLD FARMINGTON RD Subject Property \ o os Urbarl Cent \ PARNELL-DR- 'BEST-WAy-gT Natural Planning Area - - Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint Feet 0 112.5 225 450 11, 675 900 1 inch = 300 feet L IL 111,14kro JR BL ELF Non -Municipal Government r L i lllllr City Neighborhood lllll� Civic Institutional Civic and Private Open Space Industrial lllll� Natural Non -Municipal Government Residential Neighborhood 111 Rural Residential lllll� Urban Center Planning Co mission 9, 2020 Agenda Item 9 RZN 20-000019 Watson II Page 14 of 14 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1003 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.13 RZN 2020-014(SE OF I-49 & WEDINGTON DR.IMARINONI FARM): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-014 LOCATED SOUTHEAST OF I-49 AND WEDINGTON DRIVE FOR APPROXIMATELY 112.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE; RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; R-O, RESIDENTIAL OFFICE; AND C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN THOROUGHFARE AND 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 RSF-4, Residential Single Family, 4 Units per acre; RMF-24, Residential Multi Family, 24 Units Per Acre; R-O, Residential Office; and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare and 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 1111912020 City of Fayetteville Staff Review Form 2020-1003 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 11/13/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 2020-000014: Rezone (SE OF 1-49 & WEDINGTON DR./MARINONI FARM, 441): Submitted by PAULA MARINONI for properties located SE OF 1-49 & WEDINGTON DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, R-O, RESIDENTIAL OFFICE, and C-2, Thoroughfare Commercial, and contain 4 parcels with approximately 112.85 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE, & 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 DECEMBER 1, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner DATE: November 13, 2020 CITY COUNCIL MEMO SUBJECT: RZN 2020-000014: Rezone (SE OF 1-49 & WEDINGTON DR./MARINONI FARM, 441): Submitted by PAULA MARINONI for properties located SE OF 1-49 & WEDINGTON DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, R-O, RESIDENTIAL OFFICE, and C-2, Thoroughfare Commercial, and contain 4 parcels with approximately 112.85 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE, & CS, COMMUNITY SERVICES. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is just east of 1-49 at the interchange with Wedington Drive. The property in question is the site of the Marinoni farm, and is primarily rural and agricultural in nature. The site contains four parcels for a total of 112.85 acres, and County records show there is at least one home on the property, constructed in 1926, with associated outbuildings and cattle pastures. The property consists of a variety of zoning districts, ranging from commercial to low -density residential as outlined in the subject of this memo. Request: The request is to rezone the property from RSF-4, Residential Single Family, 4 Units per Acre, RMF-24, Residential Multi -Family, 24 Units per Acre, R-O, Residential -Office, and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare and CS, Community Services. The applicant has not submitted an associated development proposal, but intends to develop mixed - use. Public Comment: Staff received public comment on the item prior to both the October 26 Planning Commission meeting, and the November 9 Planning Commission, both in support and opposition to the request. Those in support liked the idea of a live, shop, play area close to this neighborhood, and believed they would see an increase in property value. Those in opposition did not wish to see commercial uses near their property, and another member of the public requested to place Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the Marinoni land in a conservation easement. Land Use Compatibility: The property in question is one of the remaining large acreages of land east of 1-49 within the City of Fayetteville limits. Though widely undeveloped, the surrounding area is seeing development, and pieces of the Marinoni farm have previously been split off and developed. The Master Street Plan shows future Residential Link Street connections through the area, which indicate the property is ready for redevelopment. The requested zoning districts of UT, Urban Thoroughfare and CS, Community Services, both offer development patterns in an urban form, with front build -to -zones, taller building heights, and minimum buildable street frontages that would foster urban walkable development in this largely undeveloped area. The request for two separate zoning districts also allows for a step down, more transect-oriented approach which brings the higher intensity development closer to the existing street corridors, and the lower intensity development further inward. The portion of land within the "Natural Area" would likely have limited development due to its location within the Hillside Hilltop Overlay District. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as an Urban Center Area, a City Neighborhood area, (and a small portion of Natural Area) which encourage high density, mixed -use structures to allow people to live, work, and shop in the same area. Staff does report that the Natural Area portion is likely protected given its location within the Hillside Hilltop Overlay District. Staff finds that this rezone request offers the potential for commercial- and high -density development and brings the area into compliance with City Plan 2040. Encouraging form -based districts allows for a higher scrutiny of design standards than the City's conventional zoning districts such as C-1 or C-2. The infill score for the area is also on the higher side, and these zoning districts would bring walkable services to this area to nearby residents. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score of 3 to 8 for this site. The following elements of the matrix contribute to the score: • Appropriate Land Use (Urban Center, City Neighborhood Area) • Near Park (Centennial Park) • Near Public School (Asbell Elementary School) • Near Razorback Bus Stop • Near Sewer Main (N. Marinoni Drive and bisecting property) • Near Paved Trail (Shiloh Trail across 1-49) • Near Water Main (Wedington Drive, Marinoni Drive, Lancelot Avenue) • Appropriate Fire Response (Station 7, 835 N. Rupple Road) DISCUSSION: This item was first heard at the October 26, 2020 Planning Commission meeting where it was tabled to the subsequent meeting by a vote of 7-1-0. Commissioners expressed concerns about the scale of the proposal, concerns for protections offered for the "Natural Area" Future Land Use Map designation, and desired to see more master planning for the area in question. One member of the public spoke at the meeting, with questions regarding the uses permitted specifically in the CS, Community Services zoning district. The applicant did not submit any changes to the request in between meetings. At the November 9, 2020 Planning Commission meeting, commissioners ultimately voted to forward the request with a vote of 6-3-0; Commissioner Brown made the motion which Commissioner Johnson seconded. Commissioners Winston, Garlock, and Canada voted against the proposal. Conversation throughout the meeting was concentrated heavily on the appropriateness of the request in terms of scale, and how much information was included in the applicant's proposal. Commissioners were split on the whether it was appropriate to "blanket zone" the area, or whether additional information through a Planned Zoning District (PZD) or a finer -grained approach would help frame the conversation. Other commissioners reported concerns about traffic, available infrastructure, and the sensitivity of its location next to the planned interchange redevelopment of 1-49 and Wedington, the plans of which are included in staff's report. Commissioner Brown also offered up a graphic showing the area in a Tier 2 Center as defined by the Growth Concept Map in City Plan 2040. The graphic shows that almost the entire area fit within the pedestrian shed of that Tier 2 Center, which supported his position in favor of the request. The applicant has requested that Commissioner Brown's graphic be included in this report, and it is attached as Exhibit `C'. One member of the public spoke at the meeting in opposition to the request, citing a desire to see a PZD, conservation of land, and concerns about building height adjacent to natural areas. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Exhibit C — Commissioner Presentation; included at request of applicant • Planning Commission Staff Report RZN-2020-000014 Marinoni Farms Property EXHIBIT 'A' Close Up View RZN-2020-000014 W. HATFIELD o�0\-\ 6�` D - Q , VALLEY DR ST 'Il� -a 3 z W .Qp W 1 W _ r W; NS-L WEDINGTON�DR " O Z a O; > W C_2 , z �' �`•O� uT J z If, �J R-O Z O MARv�N-AVE g .4:5 � ORA,DR Q MCMILL•AN DR RMF-24 ,,• Proposed P_1 .� UT O �• AN COLNWOOD �r3� � • L- DR Subject Property P4oposed CS r I . RSF-4 � I � I VIR � I W ' O ' MAPLE-ST R_A NORTH Legend Zoning Acres Hillside -Hilltop Overlay District Shared Use Paved Trail CS 4. 8 UT 7 .7 Trail (Proposed) j_ _ I Design Overlay District Feet _ —1 Planning Area 0 180 360 720 1,080 1,440 L — Fayetteville City Limits 1 inch = 500 feet Total 107.7 Building Footprint EXHIBITS' RZN-2020-000014 Legal Descriptions 1:007mo, mm.r0=161`111001,1. EXHIBIT "1" Parcel #s 765-13732-000 and 765-13731-000 TRACT 1: PART OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION SEVEN (7), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION SEVEN (7) AND PROCEEDING TO A POINT 2,168.52 FEET NORTH AND 8.85 FEET EAST; THENCE NORTH 89 DEGREES 30 MINUTES 44 SECONDS WEST A DISTANCE OF 215.10 FEET; THENCE NORTH 0 DEGREES 36 MINUTES 00 SECONDS EAST A DISTANCE OF 25.14 FEET TO THE POINT BEING THE SOUTHEAST CORNER OF CHURCH PROPERTY, THENCE NORTH 89 DEGREES 26 MINUTES 35 SECONDS WEST 259.28 FEET; THENCE NORTH 0 DEGREES 42 MINUTES 37 SECONDS EAST 410.5 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF ARKANSAS STATE HIGHWAY 16; THENCE NORTH 89 DEGREES 30 MINUTES 17 SECONDS WEST ALONG SAID RIGHT OF WAY LINE 374.97 FEET; THENCE DUE SOUTH 491.58 FEET; THENCE SOUTH 53 DEGREES 24 MINUTES 49 SECONDS WEST A DISTANCE OF 613.35 FEET; THENCE DUE SOUTH A DISTANCE OF 365.43 FEET; THENCE SOUTH 89 DEGREES 19 MINUTES 52 SECONDS WEST 1102.24 FEET TO A CITY SEWER PUMP STATION; THENCE DUE SOUTH 7.02 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 0 SECONDS WEST 54.7 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 71 BYPASS; THENCE FOLLOWING SAID RIGHT OF WAY LINE SOUTH TO THE INTERSECTING WITH THE SOUTH SECTION LINE OF SECTION 7; THENCE PROCEEDING EAST ALONG SAID SECTION LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 113.13 ACRES, MORE OR LESS. LESS AND EXCEPT, A SQUARE PARCEL OF LAND BEING 1,000 FEET ON EACH SIDE AND SITUATED IN THE SOUTHEAST CORNER OF SAID SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST. SAID PARCEL CONTAINS 22.95 ACRES, MORE OR LESS, AS DESCRIBED IN LAND DOCUMENT NO. 2003-00056815. ALSO LESS AND EXCEPT PART OF THE NW 1/4 OF THE SE 1/4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEGINNING AT A POINT WHICH IS NORTH 89 DEGREES 58 MINUTES EAST 100 FEET AND NORTH 10 DEGREES 38 MINUTES EAST 50 FEET FROM THE SW CORNER OF SAID 40 ACRE TRACT, SAID POINT OF BEGINNING BEING ON THE EASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 71 LOOP; THENCE NORTH 10 DEGREES 38 MINUTES EAST 20 FEET ALONG SAID RIGHT-OF-WAY; THENCE NORTH 27 DEGREES 38 MINUTES EAST 20 FEET ALONG SAID RIGHT-OF-WAY; THENCE NORTH 89 DEGREES 58 MINUTES EAST 90 FEET; THENCE SOUTH 0 DEGREES 02 MINUTES EAST 37.4 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES WEST 102.9 FEET TO THE POINT OF BEGINNING, AS DESCRIBED IN DEED BOOK 888 AT PAGE 771 AND IN DEED BOOK 888 AT PAGE 896. ALSO LESS AND EXCEPT A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE NORTH 89 DEGREES 51 MINUTES 30 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 7 A DISTANCE OF 1,314.30 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE NORTH 00 DEGREES 24 MINUTES 32 SECONDS EAST ALONG THE WEST LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 7 A DISTANCE OF 2,612.41 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 112 S; THENCE NORTH 87 DEGREES 51 MINUTES 58 SECONDS EAST ALONG SAID EXISTING RIGHT OF WAY LINE A DISTANCE OF 51.43 FEET TO A POINT; THENCE SOUTH 88 DEGREES 53 MINUTES 58 SECONDS EAST ALONG SAID EXISTING RIGHT OF WAY LINE A DISTANCE OF 403.56 FEET TO A POINT FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 37 MINUTES 41 SECONDS EAST ALONG SAID EXISTING RIGHT OF WAY LINE A DISTANCE OF 374.97 FEET TO A POINT; THENCE SOUTH 00 DEGREES 35 MINUTES 13 SECONDS WEST A DISTANCE OF 1.49 FEET TO A POINT ON THE PROPOSED SOUTHERLY RIGHT OF WAY OF SAID STATE HIGHWAY 112 S; THENCE NORTH 89 DEGREES 37 MINUTES 41 SECONDS WEST ALONG SAID PROPOSED RIGHT OF WAY LINE A DISTANCE OF 374.95 FEET TO A POINT; THENCE NORTH 00 DEGREES 07 MINUTES 32 SECONDS WEST A DISTANCE OF 1.49 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRE, MORE OR LESS, AS DESCRIBED IN LAND DOCUMENT NO. 95055596. ALSO LESS AND EXCEPT ANY PORTION OF THE FOLLOWING DESCRIBED TRACT LYING AND BEING WITHIN THE PERIMETER OF THE FIRST DESCRIBED 113.13 ACRES TRACT: A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) AND A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5TH PRINCIPAL MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1389.13 FEET NORTH AND 1327.61 FEET WEST OF THE SOUTHEAST CORNER OF SECTION 7, AND PROCEEDING THENCE NORTH A DISTANCE OF 365.43 FEET; THENCE NORTH 53 DEGREES 24 MINUTES 49 SECONDS EAST A DISTANCE OF 613.35 FEET; THENCE NORTH A DISTANCE OF 491.58 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF HIGHWAY 16; THENCE SOUTH 88 DEGREES 51 MINUTES 40 SECONDS WEST ALONG THE SOUTH RIGHT OF WAY LINE OF HIGHWAY 16 A DISTANCE OF 605.26 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF HIGHWAY 71 BYPASS; THENCE SOUTH 31 DEGREES 42 MINUTES 00 SECONDS WEST ALONG THE EAST RIGHT OF WAY LINE OF HIGHWAY 71 BYPASS A DISTANCE OF 196.78 FEET; THENCE SOUTH 54 DEGREES 00 MINUTES 53 SECONDS WEST ALONG HIGHWAY 71 BYPASS A DISTANCE OF 124.73 FEET; THENCE SOUTH 66 DEGREES 42 MINUTES 47 SECONDS WEST ALONG HIGHWAY 71 BYPASS A DISTANCE OF 250.07 FEET; THENCE SOUTH 58 DEGREES 05 MINUTES 36 SECONDS WEST ALONG HIGHWAY 71 BYPASS A DISTANCE OF 118.01 FEET; THENCE SOUTH 31 DEGREES 55 MINUTES 51 SECONDS WEST ALONG HIGHWAY 71 BYPASS A DISTANCE OF 270.30 FEET; THENCE SOUTH 38 DEGREES 05 MINUTES 26 SECONDS WEST ALONG HIGHWAY 71 BYPASS A DISTANCE OF 156.44 FEET; THENCE SOUTH 30 DEGREES 44 MINUTES 51 SECONDS WEST ALONG HIGHWAY 71 BYPASS A DISTANCE OF 493.00 FEET; THENCE SOUTH 18 DEGREES 52 MINUTES 44 SECONDS WEST ALONG HIGHWAY 71 BYPASS A DISTANCE OF 18.00 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF 42.00 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 00 SECONDS EAST A DISTANCE OF 28.26 FEET; THENCE NORTH 89 DEGREES 19 MINUTES 52 SECONDS EAST A DISTANCE OF 1102.24 FEET TO THE POINT OF BEGINNING, AS DESCRIBED IN LAND DOCUMENT NO. 95034694. ALSO LESS AND EXCEPT A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A POINT NO2°21'40"E 1388.72 FEET AND N87038'20"W 1326.80 FEET FROM AN ARKANSAS GEOLOGICAL COMMISSION MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE N02021'40"E 365.43 FEET; THENCE N55046'29"E 613.35 FEET; THENCE N02021'40"E 490.34 FEET TO THE POINT OF BEGINNING AND RUNNING THENCE S87°08'06"E 34 FEET; THENCE S02021'40"W 174.75 FEET; THENCE AROUND A CURVE TO THE LEFT HAVING A RADIUS OF 116.00 FEET, A LENGTH OF 26.13 FEET, AND A DELTA ANGLE OF 12054'15"; THENCE S79027'25"W 37.89 FEET; THENCE N02021140"E 209.41 FEET TO THE POINT OF BEGINNING, CONTAINING 7.009 SQUARE FEET, AS DESCRIBED IN LAND DOCUMENT NO. 2002052356. ALSO LESS AND EXCEPT A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A POINT NO2°21'40"E 1388.72 FEET AND N87038'20"W 1326.80 FEET FROM AN ARKANSAS GEOLOGICAL COMMISSION MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE N02021'40"E 365.43 FEET TO THE POINT OF BEGINNING AND RUNNING THENCE S34013'31"E 35.03 FEET; THENCE S55046'29"W 26.00 FEET; THENCE N02021'40"E 43.62 FEET TO THE POINT OF BEGINNING, CONTAINING 455 SQUARE FEET, AS DESCRIBED IN LAND DOCUMENT NO. 2002052357. TRACT 2: A part of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas, and being more particularly described as follows: Beginning at the SE corner of Section 7 and proceeding to a point 1,000 feet North; thence West, 1000.00 feet; thence South, 1000.00 feet; thence proceeding East along said Section line to the point of beginning, said parcel containing 22.95 acres, more or less. Tract 2 being less and except the following tract: A part of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas, more particularly described as follows: Beginning at a point 135 feet North and 90 feet East of the SW corner of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas; thence running North 234 feet; thence East 190 feet; thence South 234 feet; thence West 182 feet to the place of beginning, containing 1 acre, more or less. TRACT 3: A part of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas, more particularly described as follows: Beginning at a point 135 feet North and 90 feet East of the SW corner of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas; thence running North 234 feet; thence East 190 feet; thence South 234 feet; thence West 182 feet to the place of beginning, containing 1 acre, more or less. Escrow File No.: 1804965-106 EXHIBIT "2" 0aEeL.i[c�Lc�:�iI�I�>F1TfLiEc�LciI�I�7 TRACT 1: A part of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas, and being more particularly described as follows: Beginning at the SE corner of Section 7 and proceeding to a point 1,000 feet North; thence West, 1000.00 feet; thence South, 1000.00 feet; thence proceeding East along said Section line to the point of beginning, said parcel containing 22.95 acres, more or less. Less and Except: A part of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas, more particularly described as follows: Beginning at a point 135 feet North and 90 feet East of the SW corner of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas; thence running North 234 feet; thence East 190 feet; thence South 234 feet; thence West 182 feet to the place of beginning, containing 1 acre, more or less. TRACT 2: A part of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas, more particularly described as follows: Beginning at a point 135 feet North and 90 feet East of the SW corner of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 7, T-16-N, R-30-W, Washington County, Arkansas; thence running North 234 feet; thence East 190 feet; thence South 234 feet; thence West 182 feet to the place of beginning, containing 1 acre, more or less. EXHIBIT 1 of Marinoni Rezoning, Less and Except the following: Legal Description for small parcel purchased by ArDOT on 12/11/2019, for Wedington Intersection Improvement. Property is now County Parcel # 765-13732-007. Part of the Northwest Quarter of the Southeast Quarter of Section 7, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a point being used as the Center South Sixteenth corner of Section 7; thence South 87 degrees 22'49" East along the South line of the Northwest Quarter of the Southeast Quarter of Section 7 a distance of 134.88 feet to a point being on the East right of way line of U.S. Interstate 49 as established by ArDOT Job 4731 for the POINT OF BEGINNING; thence North 21 degrees 30' 02" East along said right of way line a distance of 45.24 feet to a point on the East right of way line of U.S. Interstate 49 as established by ArDOT Job BB0411; thence South 13 degrees 27'31" East along said right of way line a distance of 16.64 feet to a point; thence South 38 degrees 17'28" West along said right of way line a distance of 33.01 feet to the POINT OF BEGINNING and containing 216 square feet more or less as shown on ArDOT plans referenced as Job BB0411. 1W GT RID( ir �l _ t ie nIl�r lr 11 resit upportive Core n Center Natural city 1k.eig hb orh ood z Pedestrian -Shed Y M r� Lti��114j LiJ11 •/� 'esi Ora fir 'N Berry W Maple Ft W H W Loren Or 1p"l - TO: THRU: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE: Fayetteville Planning Commission Jonathan Curth, Development Review Manager Jessie Masters, Senior Planner November 9, 2020 Updated with PC hearing results from 11/9/2020 SUBJECT: RZN 2020-000014: Rezone (SE OF 1-49 & WEDINGTON DR./MARINONI FARM, 441): Submitted by PAULA MARINONI for properties located SE OF I-49 & WEDINGTON DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, R-O, RESIDENTIAL OFFICE, and C-2, Thoroughfare Commercial, and contain 4 parcels with approximately 112.85 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE, & CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2020-000014 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN-2020-000014 to City Council with a recommendation for approval." OCTOBER 26, 2020 PLANNING COMMISSION: This item was last heard at the October 26th Planning Commission meeting, where it was tabled by a vote of 7-1-0. One member of the public spoke at the meeting, requesting additional information about what would be permitted in the requested zoning districts; they did not offer any direct opposition or support. Commissioners expressed concerns about the scale of the proposal, concerns for protections offered for the "Natural Area" Future Land Use Map designation, and desired to see more information and master planning for the area in question. Staff has included additional exhibits from the applicant as well as an exhibit on the proposed changes to the 1-49 and Wedington interchange. BACKGROUND: The subject property is just east of 1-49 at the interchange with Wedington Drive. The property in question is the site of the Marinoni farm, and is primarily rural and agricultural in nature. The site contains four parcels for a total of 112.85 acres, and County records show there is at least one home on the property, constructed in 1926, with associated outbuildings and cattle pastures. The property consists of a variety of zoning districts, ranging from commercial and low -density residential as outlined in the subject of this memo. Surrounding land uses and zoning is depicted in Table 1. Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 1 of 43 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 Undeveloped/Forest RSF-4, Residential Single -Family, 4 Units per Acre East Undeveloped/Parking Lot CS, Community Services West Church/Gym P-1 Institutional; UT, Urban Thoroughfare Request: The request is to rezone the property from RSF-4, Residential Single Family, 4 Units per Acre, RMF-24, Residential Multi -Family, 24 Units per Acre, R-O, Residential -Office, and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare and CS, Community Services. The applicant has not submitted an associated development proposal, but intends to developed mixed -use. Public Comment: For the October 26, 2020 Planning Commission meeting, staff had received three public comments on the item, one by phone and two by email, all in support of the request. The property owners stated they supported the idea of a live, shop, play area close to this neighborhood, and believed they would see an increase in property value. Staff has received additional public comment for this meeting, one with a request to place the Marinoni land in a conservation easement, others in opposition to the proposal who do not wish to see commercial uses near their property, and another in support of the proposal. INFRASTRUCTURE: Streets: The subject area has frontage along W. Wedington Drive, N. Marinoni Drive, and N. Futrall Drive. W. Wedington Drive is a fully improved Regional Link -High Activity street with asphalt paving, curb, gutter and sidewalk. N. Marinoni Drive is a partially improved Residential Link street with asphalt paving, curb and gutter. N. Futrall Drive is an unimproved Neighborhood Link Street with asphalt paving and open ditches. Any street improvements or requirements for drainage will be determined at the time of development. Water: Public water is available to the subject area. A 24-inch water main is present along the north side of W. Wedington Drive, an 8-inch water main is present along the south side of W. Wedington Drive, an 8-inch water main is present on the west side of N. Marinoni Drive, and a 6-inch water main is present along the west side of N. Lancelot Avenue. Sewer: Sanitary Sewer is available to the subject area. An 8-inch sanitary sewer main is present along the of east side of N. Marinoni Drive, and a 10-inch sanitary sewer main is present from the northeast side to the northwest side of the subject property. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils appear to be present throughout most of the subject area, and FEMA floodplain is present in the northwest corner of the subject property and northeast corner of the subject property. A portion of the property along the southern boundary is within the Hillside -Hilltop Overlay District. 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 7, located at 835 N. Rupple Road, protects the site. The property is located Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 2 of 43 approximately 1.4 miles from the fire station 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 Urban Center, City Neighborhood, and Natural. Urban Center Areas contain the most intense and dense development patterns within the City and allow for the tallest and greatest variety of buildings. Urban Center accommodates rowhouses, apartments, local and regional retail, hotels, clean technology industries and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility. Although Urban Center Areas recognize the conventional big box and strip retail centers existing along major arterials, it is expected that vacant properties will be developed into traditional mixed -use centers, allowing people to live, work and shop in the same area. Additionally, infill of underperforming or undervalued existing big box and strip centers should be strongly encouraged since there is a greater return on investment for redevelopment of these areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and parklands. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. Natural Areas consist of lands approximating or reverting to a wilderness condition, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, many of which are identified in the generalized enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score of 3 to 8 for this site, with a weighted score of 9.5 at the highest level. The following elements of the matrix contribute to the score: • Appropriate Land Use (Urban Center, City Neighborhood Area) • Near Park (Centennial Park) • Near Public School (Asbell Elementary School) • Near Razorback Bus Stop Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 3 of 43 • Near Sewer Main (N. Marinoni Drive and bisecting property) • Near Paved Trail (Shiloh Trail across 1-49) • Near Water Main (Wedington Drive, Marinoni Drive, Lancelot Avenue) • Appropriate Fire Response (Station 7, 835 N. Rupple Road) 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 property in question is one of the remaining large acreages of land east of 1-49 within the City of Fayetteville limits. Though widely undeveloped, the surrounding area is beginning to see development, and pieces of the Marinoni farm have previously been split off and developed within recent years. The Master Street Plan shows future Residential Link Street connections through the area, which indicate the property is ready for redevelopment. The requested zoning districts of UT, Urban Thoroughfare and CS, Community Services, both offer development patterns in an urban form, with front build -to -zones, taller building heights, and minimum buildable street frontages that would foster urban walkable development in this largely undeveloped area. The request for two separate zoning districts also allows for a step down, more transect-oriented approach which brings the higher intensity development closer to the existing street corridors, and the lower intensity development further inward. Staff does recognize a small portion of the site to the south that is designated as a Natural Area; staff would support down -zoning that portion of land to R- A to limit the development entitlement in that area and help preserve the natural environment. At the same time, the development potential of this area, with its heavy vegetation and significant slope, lends itself to conservation or use in meeting tree preservation standards. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as an Urban Center and a City Neighborhood area, both of which encourage high density, mixed - use structures to allow people to live, work, and shop in the same area. Staff finds that this rezone request offers the potential for commercial- and high - density development in this area and brings the area into compliance with City Plan 2040. Encouraging form -based districts in the area also allows for a higher scrutiny of design standards than conventional zoning districts such as C-1 or C-2. The infill score for the area is also on the higher side, and these zoning districts would bring walkable services to this area to nearby residents. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant did not indicate or offer a specific development proposal along with this request. Staff does find that this upzone is consistent with long- term land use plans, and brings the site into agreement with City Plan 2040 Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 4 of 43 as an Urban Center and a City Neighborhood area, therefore making this request justified from staff's perspective. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to UT and CS certainly has the potential to increase traffic along W. Wedington and Futrall Drive. Staff does find that bringing services and amenities to this area, and opportunities for connectivity to existing trails may actually improve walkability in the area. Currently, the land is zoned primarily for single-family dwellings, which, without walkable access to services, would certainly lead to more trips made by vehicles than the proposed mixed -use districts. Staff finds that infrastructure improvements would likely need to be made along Futrall Drive, as additional street networks would need to be expanded throughout the area, likely at the developer's costs. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to UT and CS would certainly have the potential to increase the population density, since both zoning districts allow for residential uses up to multi -family dwellings. Staff finds that aligning the permitted land uses with the goals in City Plan 2040 would help bring consideration for future infrastructure improvements, and does not find that the request would be detrimental at this time. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 2020-0000014 to the City Council with a recommendation for approval. Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 5 of 43 PLANNING COMMISSION ACTION: Required YES Date: November 9, 2020 O Tabled N Forwarded O Denied Motion: Brown SEE BELOW FOR FULL MOTION DETAILS. Second: Johnson Vote: 6-3-0 Commissioners Winston, Garlock, and Canada voted 'no.' BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o Current Zoning Districts: ■ §161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre ■ §161.16 - District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre ■ §161.20 - District R-O, Residential Office ■ §161.23 - District C-2, Thoroughfare Commercial o Proposed Zoning Districts: ■ §161.22 -Community Services ■ §161.24 - Urban Thoroughfare • Request letter • Applicant Exhibit • Staff Exhibit • 1-49 and Wedington Interchange Improvements • Public Comment • One Mile Map • Close-up Map • Current Land Use Map Future Land Use Map Motion #1: By: Brown 2nd: None Vote: - Action: Motion failed for lack of second Detail: Motion to forward RZN-2020-000014 to City Council with recommendation of approval Motion #2: By: Garlock 2nd: Sharp Vote: 4-5-0 Action: Failed Detail: Motion to deny RZN-2020-000014. Commissioners Johnson, Hoffman, Belden, Paxton, and Brown voted 'no.' Motion #3 By: Brown 2nd: Johnson Vote: 6-3-0 Action: Forwarded Detail: Motion to forward RZN-2020-000014 to City Council with recommendation of approval. Commissioners Winston, Garlock, and Canada voted 'no.' Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 6 of 43 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 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 Cluster Housing Development Unit 44 (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 14 or less 17 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay District Lot 8,000 square feet 12,000 square feet area minimum Land area per dwelling unit 8,000 square feet 6,000 square feet Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 7 of 43 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 8 of 43 161.16 - District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Unit 11 Unit 12a Unit 24 Government facilities Manufactured home park Limited business Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two-family 35 feet Three or more 70 feet Professional offices 100 feet Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 9 of 43 (2) Lot Area Minimum. Manufactured home park Lot within a mobile home park Townhouses: Individual lot Single-family Two (2) family Three (3) or more Fraternity or Sorority Professional offices 3 acres 4,200 square feet 2,000 square feet 3,000 square feet 4,000 square feet 7,000 square feet 2 acres 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Uses A build -to zone that is located between the front property line and a line 25 feet 8 feet from the front property line. Side Single & Rear Rear Two (2) Other Single Family Uses Family 5 feet 20 feet 5 feet (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 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, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 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 side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 10 of 43 161.20 - 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 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. Manufactured 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 Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 11 of 43 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouses: Development 10,000 square feet Individual lot 2,500 square feet Single-family 6,000 square feet Two (2) family Three (3) or more 6,500 square feet 8,000 square feet 1 acre Fraternity or Sorority (3) Land Area Per Dwelling Unit. Manufactured home 13,000 square feet Townhouses & apartments: No bedroom 11,000 square feet One bedroom 1,000 square feet Two (2) or more bedrooms 1,200 square feet Fraternity or Sorority 500 square feet per resident (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the Front, 50 feet Front, in the Hillside Overlay District 15 feet Side 10 feet Side, when contiguous to a residential district 15 feet Side, in the Hillside Overlay District 8 feet Rear, without easement or alley 25 feet Rear, from center line of public alley 10 feet Rear, in the Hillside Overlay District 15 feet Urban Form Setback Regulations: A build -to zone that is located between the Front 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 Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 12 of 43 Rear None Rear when contiguous to a single family 15 feet residential district (F) Building Height Regulations. 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 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, 10-15-19) Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 13 of 43 161.23 - District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. 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 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store 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 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 14 of 43 (E) Setback Regulations. Front 115 feet Front, if parking is allowed between the right-of-way and the 50 feet building Side None 7Side, when contiguous to a residential district 15 feet Rear 20 feet Urban Form Setback Regulations: A build -to zone that is located between Front 10 feet and a line 25 feet from the front property line Side and rear I None Side or rear, when contiguous to 15 feet a single-family residential district (F) Building Height Regulations. Building Height Maximum 6 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 side 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 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 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4727, 7-19-05; 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. 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, 6, 7, 4-2-19; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19) Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 15 of 43 161.22 - 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 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Unit 9 Unit 10 [nit 13 Single-family dwellings Two-family dwellings Three (3) and four (4) family dwellings Eating places Unit 15 Neighborhood Shopping goods Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Accessory dwellings Cluster Housing Development Small scale production Unit 41 Unit 44 Unit 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 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 Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 16 of 43 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling FAII others (2) Lot Area Minimum. None. (E) Setback regulations. Front: Side and rear: Side or rear, when contiguous to a single-family residential district: 18 feet None A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (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) Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 17 of 43 161.24 - Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare 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 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings [nit 13 Eating places Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor store Unit 40 Sidewalk cafes Accessory Dwellings Cluster Housing Development Small scale production Unit 41 Unit 44 Unit 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 Public protection and utility facilities Unit 3 Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 18 of 43 Unit 35 I Outdoor music establishments Unit 36 Wireless communication facilitii Unit 38 Mini -storage units Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family dwelling 18 feet FAII other dwellings None 'Non-residential None (2) Lot area minimum. None (E) Setback regulations. Front: Side and rear: rSide or rear, when contiguous to a single-family residential district: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (F) Building Height Regulations. Building Height Maximum 15 stories/7 stories' A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven (7) 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 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) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; 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, 8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19) Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 19 of 43 The Marinoni farm will be the centerpiece of a new synergistic energy on the west side of Fayetteville. A place that is truly a live, work, shop, play area. Fayetteville, September 15, 2020 Concerning the proposed rezoning of the Marinoni property: This area when connected to the east, will enable current residents to be able to walk to restaurants and activities and to connect to trails. Residents will be able to have an enhanced access to the newly obtained and much anticipated, City of Fayetteville nature trails park, which stretches the entire width of the Marinoni property. Developments in the Marinoni property will be able to enjoy the amenities of living and working next to the nature trails area. Someone working in the area would be able to take lunch up into the woods and then, walk it off. Residents, in density areas, would be able to look out the window or sit outside and look up into the beautiful woods that Mrs. Markham wished to be left natural for the citizens of Fayetteville to enjoy, honoring her legacy. Growing up on the Marinoni farm, I personally remember when most of the homes to the east, all the way up Cleveland and over to the stadium, were individually, one -by -one, carved out of the fields and mountain, cutting down most of the trees. We hope to have higher density living areas so that more people can have quick access to and enjoy the natural amenities, as well as the resources of the development, the City of Fayetteville, and the region. I personally, understand the live, work, shop, play benefits because I lived on, or near, the beautiful Country Club Plaza in Kansas City for 21 years. When my husband and I married, I told him that I would live anywhere in Kansas City, as long as it was near the Plaza. The Plaza was the first suburban shopping center established in 1922. It was about 47 blocks from the downtown area, a remote area at that time, and everyone thought the mastermind was out of his mind. But it worked and is the master example for the live, work, shop, play development goal. It is my opinion and experience as a Realtor, that a live, work, shop, play area on this property will greatly elevate the property values of the neighborhoods to the east, in that it will be possible for someone to own a traditional home with a yard and live in a traditional neighborhood, but it will open up possibilities and many amenities that are not currently available to the neighborhood. It is also noteworthy to point out that because this property has been owned by the Marinoni family for over 70 years and has been operated as a farm, the entire parcel is available for development. Thus, this area is "infill" and not "sprawl". In 2006 and 2007, my husband and I attended the ICSC (International Council of Shopping Centers) conference in Las Vegas to learn about the concept and to understand who the players are. There were over 52,000 people attending. The booth area stretched over a mile from one end to the other. We Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 20 of 43 split up and covered as much ground as possible, talking to developers, brand representatives, architects, and every other related profession there. We understand what we need, and we understand where they need to be and how they want to participate. Last fall, in response to our entire property being named a Certified Opportunity Zone, I attended national Opportunity Zone Conferences in Chicago; Jackson, Mississippi; Houston and Los Angeles. I listened to days of input from the top participants and even talked personally with the people who wrote the bill, I spoke with many leaders in the new opportunity about coming to Arkansas, to Fayetteville and of course, our property. Working with the support of our Chamber of Commerce and our City's Development Director, I handed out material about this beautiful place we are fortunate to call home and the great opportunities here. It is important to understand that we are considered a remote market and yes, I laughed many times as they joked if we wore shoes here. First of all, they have to stop and think where Arkansas is, then hopefully they will listen to the "FAB", (features, advantages and benefits), of why they should invest here. Let me tell you that if they are to open in a new market, they will want it to be "entitled" and to know they will have the support of the City. They will want to be able to have choices. Do we want those choices to be Fayetteville, Rogers and Bentonville or multiple locations IN Fayetteville, with the Marinoni property as one of those top choices? In being named as an Opportunity Zone, it should be pointed out, that the main criteria that is usually advanced is that it is a "depressed" area. The other, but less often referred to, and even more rare, is an area that is "underdeveloped". This property is clearly not depressed but is underdeveloped. And clearly the State, in their choices on these zones, wants this property developed. In the City of Fayetteville 2025 Future Land Use Plan discussions, the hired consultants put a big "bullseye" on our property, and they said that it should be developed with emphasis on the regional market. That is what we hope to cooperate with and need the zoning to be able to justify the expense of putting in the streets, which will enable smaller parcels to be able to attract national brands and investors of the highest quality. Recently, the Marinoni family hired Crafton Tull Engineering firm to draw up our streets, as per the City of Fayetteville Master Street Plan. With the first sale, we will start construction of the streets. The Master Street Plan shows Cleveland extending into our property. The City representatives have made it clear, in past discussions, that there has to be a connection to the east. Previously that connection was Lincolnwood Drive, a street platted and owned by the City, but not built. That street dead -ended into the W. Archer Dr./Waterman Ave. neighborhood, which did not make any sense. By connecting to Cleveland, it will take cut -through traffic off that neighborhood and keep it on the main street. Additionally, in watching out for the neighbors to the east, we persisted in getting the "overpass" taken off the Master Street Plan. That plan would have dumped traffic into the east and would only be a cut - through. Alternative to an "overpass", there is the probability of an "underpass". Many years ago, when the Arkansas Department of Transportation was planning on splitting the Marinoni farm in half for the interstate, our Father, Paul A. Marinoni, Sr., negotiated with them, that he needed a tunnel under the highway to be able to get the cows, back and forth, from the "front end" to the "back end". As the highway added access roads and then widened them, the tunnel kept getting longer to accommodate Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 21 of 43 the cows. We believe that there will come a time, in the not -so -distant future, when our father's tunnel will be enlarged to make possible pedestrian and cycle traffic connecting the west and the east sides of the interstate. This is of major importance now with the opening of the Centennial Park, a 228 acre, world -class cyclocross park on the west side of the bypass, which will host the World Cyclocross Championship in 2022 — only the third time it has been held in the United States. With many pieces of the new synergistic energy of this area of west Fayetteville in place, it is necessary to be ready when the Nation realizes that this is the place to invest. And with that we need the requested zoning. The neighbors to the east have said in the past that development on our property would devalue their properties. I have told them repeatedly, that it would, actually, greatly increase the value of their properties, in that it would give owners a place to walk, a way to access the nature areas and trails, visit restaurants, etc., that it would add value through increased amenities. In recent years, over half of the residents in the area bordering on Wedington, Sang, Maple and our property have left, and the properties have turned into rentals. The development of our property would reverse this trend and make the 1950's, 60's & 70's neighborhood to our east a hot place to own and live, and not the best rental grab in town. It should be noted that of 135 residential homes in this area, 74 are rentals, or 55%. Of the 34 residential properties within 200 feet of our property, 28 are rentals, or 82%! These numbers increase every year. The Marinoni property, PAM Angus Ranch, has always been a beautiful picture window to Fayetteville for those passing by on the Interstate and on Wedington. It is now, and has always been, oriented to the highway and not to the neighbors to the east. We have no intention of spreading into their neighborhood, but they will want to come into ours. We intend for this beautiful, picture -window property to evolve into an inviting opportunity for a life - enhancing, live, work, shop, play experience that Fayetteville will be proud of for many years to come. We are grateful for your support! Paula Marinoni Executive Broker, Best Places Realty Part Owner/Representative pm@paulamarinoni.com Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 22 of 43 MWAN111.1m IMAGES . . . . . . . . . . th At- �.p - , if -I � EXHIBIT APPLICANT -PROVIDED IMAGE ` . 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(I-49) Subject to Revision RoadwaI>♦lrJtpd A Map Dau; Fab, 27,2017 „,„1,�1aw,,,mea, Washington County RZN 2 - P annoni arm Masters, Jessica From: Zane Chenault <zchenault@fayettevillear.com> Sent: Wednesday, November 4, 2020 2:12 PM To: Masters, Jessica Cc: pm@paulamarinoni.com Subject: Letter of Support for Paula Marinoni Attachments: FCOC Letter of Support for P Marinoni NOV 2020.pdf Importance: High 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. Jessica, The Chamber of Commerce supports the efforts of Paula Marinoni to rezone the property southeast of the intersection of 1-49 and Wedington Drive in Fayetteville. Please see attached letter of support. Thank you, Zane Chenault Chief Economic Development Officer Fayetteville Chamber of Commerce 21 W. Mountain St., Ste. 300 / P.O. Box 4216 Fayetteville, AR 72702-4216 Direct Line: (479) 345-8957 www.favettevillear.com CHAMBER f A V E T T E V i t L E iU(a® Note: Please consider the environment before printing this email. Disclaimer: This email is confidential and may be privileged. If you have received it by mistake, please notify the sender by return email and delete it from your system. You should not copy, disclose or use it for any purpose. The sender provides no guarantee as to the correctness of this information and accepts no responsibility for any action taken based on it. Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 27 of 43 CHAMBER F A Y E T T E V I L L E November 4, 2020 Mayor Lioneld Jordan Fayetteville City Council 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Jordan and Council Aldermen, The Fayetteville Chamber of Commerce, acting as the Economic Development agency for the City of Fayetteville strongly supports the rezoning efforts of Paula Marinoni as it relates to the property southeast of the intersection of 1-49 and Wedington Drive in Fayetteville. The correct development on this piece of property would be of great benefit to Fayetteville. Given that development across 1-49 has expanded significantly, it is time to allow the landowners to develop their property. By building a connecting tunnel, this would create opportunities for residents to access to the Cities nature trails along the width of the property. Developments on the property would also have access to these trails, creating a more walkable city. It is the belief of the Chamber of Commerce that it is in the best interest of the City of Fayetteville for this re -zoning to take place. The landowner has put forth plans that support the overall growth goals of the City and are in line with the development currently underway in the surround area. yoyourconsdtion,Thank �V Steve Clark President and Chief Exectutive Officer Fayetteville Chamber of Commerce 21 W. Mountain St., Ste. 300 72701 Planning Commission Masters, Jessica From: Sent: To: Subject: Ernie Lucas <lucasec@hotmail.com> Friday, October 9, 2020 5:09 PM Planning Shared RZN2020-000014-marinoni 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. To the Fayetteville Planning Division, I'd like to weigh in on the above noted rezoning issues to be discussed (or voted upon) at the October 26, 2020 meeting. To be direct .... we support this rezoning. My wife and I own property on West Maple St. just off Sang Ave. and I grew up on Ora Drive. As a child I remember the growth of this neighborhood and that it was entirely family homes. My father worked for the University and many of our neighbors were employees/professors/staff of the U of A. However, when my parents moved from the Ora Drive location, most all the homes were being bought by real estate companies and being turned into rental properties. The idea of developing the Marinoni property into an area to live, shop and play would be the ideal boost the this side of Fayetteville could use. We urge you to strongly consider rezoning this land to accommodate this wonderful expansion. Sincerely, Ernie and Carole Lucas Sent from Mail for Windows 10 Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 29 of 43 To: Fayetteville Planning Commission Re: Rezoning of Wedington property To Whom it May Concern, We recently received notice of plans to rezone the Marinoni farm on Wedington Dr. in Fayetteville. We are the owners of the property at 971 Lancelot Ave, directly adjoining that property. We wanted to voice our support for the requested rezoning. Our property is currently situated at a dead end, which limits access and forces residents to only use Wedington. Extending Lancelot would allow residents to walk their dogs and have better access to surrounding streets that are more appealing than Wedington. We also believe that the proposed rezoning will increase our property value, as well as those of our surrounding neighbors and uplift the surrounding area, that has been declining in recent years. Sincerely, Jay and Angela Watson, Owners NWA Heritage Properties Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 30 of 43 Masters, Jessica From: CityClerk Sent: Thursday, October 29, 2020 1:46 PM To: Masters, Jessica Subject: FW: Protect Marinoni land from development Please see email below regarding Marinoni Land. From: CityClerk <cityclerk@fayetteville-ar.gov> Sent: Wednesday, October 28, 2020 4:01 PM To: Bolinger, Bonnie <bbolinger@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov>; Eads, Gail <geads@fayetteville-ar.gov>; Roberts, Gina <groberts@fayetteville-ar.gov>; Batker, Jodi <jbatker@fayetteville-ar.gov>; Johnson, Kimberly <kjohnson@fayetteville-ar.gov>; Rogers, Kristin <krogers@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Branson, Lisa <Ibranson@fayetteville- ar.gov>; Jordan, Lioneld <Ijordan@fayetteville-ar.gov>; Mathis, Jeana <jmathis@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov>; Petty, Matthew <ward2_pos2@fayetteville-ar.gov>; Mulford, Patti <pmulford@fayetteville-ar.gov>; Norton, Susan <snorton@fayetteville-ar.gov>; Thurber, Lisa <Ithurber@fayetteville- ar.gov>; Gutierrez, Sonia <wardl_posl@fayetteville-ar.gov>; Marsh, Sarah <wardl_pos2@fayetteville-ar.gov>; Kinion, Mark <ward2_posl@fayetteville-ar.gov>; Scroggin, Sloan <ward3_posl@fayetteville-ar.gov>; Bunch, Sarah <ward3_pos2@fayetteville-ar.gov>; Turk, Teresa <ward4_posl@fayetteville-ar.gov>; Smith, Kyle <wa rd4_pos2 @fayettevi I le -a r.gov> Cc: Iisa_m_orton@yahoo.com; Stoll, Garner <gstoll@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville-ar.gov> Subject: FW: Protect Marinoni land from development Please see email below from Lisa Orton. From: Lisa Orton <lisa m orton@yahoo.com> Sent: Wednesday, October 28, 2020 1:47 PM To: Planning Shared <planning@fayetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov> Cc: University Heights Neighbors <university-heights-na@listserv.uark.edu> Subject: Protect Marinoni land from development CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Commission and City Council, I believe that Fayetteville needs to preserve its current natural areas (woods and fields) from development in order to keep Fayetteville's air, water, noise, traffic, etc. healthy and manageable. I believe what makes Fayetteville special is its history, woods, trees, natural areas, trails, arts, and neighborhoods. I believe that "infill" should not be a higher priority than the environment and the emotional, psychological, spiritual, and physical well-being of Fayetteville's residents. There has been too much construction. The infrastructure like traffic, drainage, schools, etc. are behind and continue being behind because of the overzealous attitude toward "infill". If you truly surveyed the residents of Fayetteville, the people of Fayetteville who all live in neighborhoods of one kind or another (not just the people connected to the City, having business with the City like developers, or comfortable with online surveys), I believe you would find that people do not like the "infill" approach and are upset with this direction the City has been taking. We all want affordable housing, but that is not being built in Fayetteville except in 2-3 cases over the past five or more years, that I recall. There needs to be a different approach to increasing affordable housing than to deforest existing woods, creating impervious surfaces on natural land, and upzoning people's neighborhoods and sending more traffic through residential streets. Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 31 of 43 Specifically, I am against any residential and/or commercial upzoning of the Marinoni property. Not only for the reasons above, but also because the 49 & Wedington intersection is already maxed out and the surrounding residential neighborhoods do not want even more traffic through their streets. The overgrown University with its traffic has disturbed our neighborhoods enough. Any exit onto Sang Ave from a development on the Marinoni property would disrupt and ruin the older neighborhoods there that residents love. It would interfere with Temple Shalom as well. I would ask that the City request the Marinoni family to donate the land to a conservation easement for a nature preserve, City park, and historical area. This acreage is a part of the history of the area, adjacent to the Markham Hill treasure not yet destroyed by development. I envision the Markham Hill/Marinoni land as Fayetteville's Central Park in the middle of Fayetteville. It would add to the uniqueness of Fayetteville, whereas more development, traffic, crowdedness, noise, exhaust, litter, crime, etc. would not. All that would do is make Fayetteville like all other big cities. Having lived in the Washington DC/Baltimore area for 30 years, I've had enough of that. One reason I moved back to Fayetteville was for its natural areas, trees, and fewer people. Please vote 'No' to any upzoning of the Marinoni property. Please ask Paula Marinoni and the Marinoni family if they would kindly consider donating the land as a conservation easement. The Marinoni family and their historical contributions to Fayetteville could be honored in this way. Thank you for your consideration. Sincerely, Lisa Orton 1663 W Halsell Rd Fayetteville Ward 4 Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 32 of 43 Masters, Jessica From: Lauren Greenlee <Ifaygreenlee@gmail.com> Sent: Wednesday, November 4, 2020 6:01 AM To: Masters, Jessica Subject: resident comments on rezoning request RZW 202-000014 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Jessie, I live at 2110 West Loren Circle in Fayetteville and own my house on Loren Circle. I am writing to protest the rezoning request RZW 202-000014, which would rezone the property behind our neighborhood to category CS on Tract 2. We have a quiet and safe residential neighborhood here and we do not want to have the tracts behind our neighborhood rezoned to be open to a wide range of commercial development. We are concerned about our property value and quality of life that we have in our neighborhood and do not want to see that degraded by aggressive development. We also think that if Cleveland St and Maple St are opened up and extended, it would greatly increase traffic around our neighborhood, affecting many residents negatively. I hope you consider this protest of rezoning in your consideration of RZW 202-000014. thank you, Lauren Greenlee 2110 West Loren Circle Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 33 of 43 Masters, Jessica From: CityClerk Sent: Thursday, October 29, 2020 1:45 PM To: Masters, Jessica Subject: FW: Marinoni Land Please see email below from Marquette regarding Marinoni Land. -----Original Message ----- From: CityClerk <cityclerk@fayetteville-ar.gov> Sent: Thursday, October 29, 2020 1:29 PM To: Bolinger, Bonnie <bbolinger@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov>; Eads, Gail <geads@fayetteville-ar.gov>; Roberts, Gina <groberts@fayetteville-ar.gov>; Batker, Jodi <jbatker@fayetteville-ar.gov>; Johnson, Kimberly <kjohnson@fayetteville-ar.gov>; Rogers, Kristin <krogers@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Branson, Lisa <lbranson@fayetteville- ar.gov>; Jordan, Lioneld <ljordan@fayetteville-ar.gov>; Mathis, Jeana <jmathis@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov>; Petty, Matthew <ward2_pos2@fayetteville-ar.gov>; Mulford, Patti <pmulford@fayetteville-ar.gov>; Norton, Susan <snorton@fayetteville-ar.gov>; Thurber, Lisa <Ithurber@fayetteville- ar.gov>; Gutierrez, Sonia <wardl_posl@fayetteville-ar.gov>; Marsh, Sarah <wardl_post@fayetteville-ar.gov>; Kinion, Mark <ward2_posl@fayetteville-ar.gov>; Scroggin, Sloan <ward3_posl@fayetteville-ar.gov>; Bunch, Sarah <ward3_pos2@fayetteville-ar.gov>; Turk, Teresa <ward4_posl@fayetteville-ar.gov>; Smith, Kyle <wa rd4_pos2 @fayettevi I le -a r.gov> Cc: Rick Jones <birdnurd62@gmail.com>; dinacnash20l4@gmail.com; Lisa Orton <lisa_m_orton@yahoo.com>; Marquette Bruce <marquette44@gmail.com>; Curth, Jonathan <jcurth@fayetteville-ar.gov> Subject: FW: Marinoni Land Good afternoon, Please see the below message from Marquette Bruce. Ms. Marquette also called the City Clerk Treasurer's Office and requested that this email be forwarded to everyone on our Council Member List including Planning Commissioners. Thank you, Kara Paxton City Clerk Treasurer City of Fayetteville, Arkansas kapaxton@fayetteville-ar.gov T 479.575.8323 -----Original Message ----- From: Marquette Bruce <marquette44@gmail.com> Sent: Thursday, October 29, 2020 1:17 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 34 of 43 Cc: Rick Jones <birdnurd62@gmail.com>; dinacnash2014@gmail.com; Lisa Orton <lisa_m_orton@yahoo.com> Subject: Marinoni Land 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. Please send this to all commissions! I live in the Markham Hill area and with the development of that area, I am concerned about the environmental changes to the quality of life there. When I go on my daily walks, getting across and walking on CLEVELAND and SANG are becoming less and less desirable. I know developers will continue to do what developers do. Is there anyway the city can take a more active role in moving towards more sustainable development? I know progressive communities have incentives to educate and encourage sustainable development. With the Marinoni's requesting the most density possible in rezoning their land and with the Markham Hill development, University Heights is dying. Surely with the University, city, and the neighborhood working together, protection of the health and spirit of the area can remain and continue to grow with more sustainably? If not, we will become just another congested, polluted, undesirable place to not live! Guess we will all want to move to the country and create more sprawl and an endless cycle of destruction. Please do not approve high density there. Greed versus quality of life. Surely the Marinoni's can sell and the developers can make money and the residents can have a quality of life they deserve all in the same package! I am asking the city to take the lead on this! I do not have the answers, put some urban planners need to come up with something that works for the whole! Marquette Bruce, 741 North Lewis Ave, 522-965-2122 Sent from my iPhone Planning Commission 2 November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 35 of 43 Planning Commission City of Fayetteville, AR 113 West Mountain Fayetteville, AR 72701 RE: 2020-0912 Application RZN 202-000014 Dear Commissioners, We are sending this letter to express our opposition to the rezoning of "tract 2" located in the rezoning request RZW 202-000014 from RSF-4 to CS submitted by Paula Marinoni. Our property is located at 2129 West Loren Circle in the Westwood subdivision and is immediately adjacent to tract 2. Our understanding is that a CS zoning would allow just about anything, from a liquor store to a 5-story apartment building, to be developed on this 22-acre tract adjacent to our quiet neighborhood with very little setback. We called Mrs. Marinoni in the hope of finding out something of the plans for this area of tract 2. Mrs. Marinoni indicated that she did not know what would be developed on this tract, but that previous interest had been show for the building of senior housing in that area. She offered no indication as to how much screening there would be between any future developments and our property. The lack of any definitive planning makes us very nervous about the rezoning of tract 2 from RSF-4 to such a wide-open zoning category as CS. We might feel differently if somebody could give us an answer to the plans for this tract, but the prospects of a large building abutting our quiet neighborhood is disconcerting. We request that rezoning of tract 2 be postponed until such time that a plan for the development of this tract is put forward. We are not objecting to the other rezoning in this application as these changes do not directly affect our property. Robert and Virginia Liner 2129 West Loren Circle Fayetteville, AR 72701 479-652-6569 Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 36 of 43 Masters, Jessica From: Ed Baker <edbakercrew@gmail.com> Sent: Monday, November 2, 2020 10:28 AM To: Masters, Jessica Subject: Marinoni rezoning CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. My name is Ed Baker. I live directly east of the property that they are wanting to rezone to CS (community services). My wife and I have lived in our house/neighborhood on Loren Circle (2131 Loren Circle) off of Sang Avenue since 2001. We are very much AGAINST the rezoning of that portion of the Marinoni property, especially since there is no clear plan for how the property will be developed. If it were to be designated as parkland and tied in with the university portion of the Markham property that is to be preserved -we could support that. As is currently presented,we do not want a development literally in our backyard. Especially with no plan in place of what could be built. By our understanding, a community services designation could lead to anything from a 5 story building to a liquor store. Please know we are VEHEMENTLY OPPOSED! Thank you. Sent from my iPhone Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 37 of 43 Masters, Jessica From: Pennington, Blake Sent: Monday, November 2, 2020 11:39 AM To: Masters, Jessica Subject: FW: Marinoni rezoning Jessie, we received the email below at our general office account. Blake E. Pennington Assistant City Attorney Tele: (479) 575-8313 bpennin_ onkfayetteville-ar.gov From: Ed Baker <edbakercrew@gmail.com> Sent: Monday, November 2, 2020 10:42 AM To: City_Attorney <city_attorney@fayetteville-ar.gov> Subject: Marinoni rezoning CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. I'm not sure you can do anything about this, but my name is Ed Baker. I live directly east of the property that they are wanting to rezone to CS (community services). My wife and I have lived in our house/neighborhood on Loren Circle (2131 Loren Circle) off of Sang Avenue since 2001. We are very much AGAINST the rezoning of that portion of the Marinoni property, especially since there is no clear plan for how the property will be developed. If it were to be designated as parkland and tied in with the university portion of the Markham property that is to be preserved -we could support that. As is currently presented,we do not want a development literally in our backyard. Especially with no plan in place of what could be built. By our understanding, a community services designation could lead to anything from a 5 story building to a liquor store. Please know we are VEHEMENTLY OPPOSED! Thank you. Sent from my iPhone Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 38 of 43 Masters, Jessica From: Sent: To: Subject: J M, Curth, Jonathan Monday, November 2, 2020 11:53 AM Masters, Jessica FW: Marinoni rezoning More Marinoni-related comment. Please include in your report to share with the Commission. Thanks, Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas jcurth@favetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: Mayor Sent: Monday, November 02, 2020 11:07 AM To: Curth, Jonathan <jcurth@fayetteville-ar.gov> Cc: Jordan, Lioneld <Ijordan@fayetteville-ar.gov>; Norton, Susan <snorton@fayetteville-ar.gov> Subject: FW: Marinoni rezoning fyi From: Ed Baker <edbakercrew@gmail.com> Sent: Monday, November 2, 2020 10:39 AM To: Mayor <Mayor@favetteville-ar.gov> Subject: Marinoni rezoning CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. My name is Ed Baker. I live directly east of the property that they are wanting to rezone to CS (community services). My wife and I have lived in our house/neighborhood on Loren Circle (2131 Loren Circle) off of Sang Avenue since 2001. We are very much AGAINST the rezoning of that portion of the Marinoni property, especially since there is no clear plan for how the property will be developed. If it were to be designated as parkland and tied in with the university portion of the Markham property that is to be preserved -we could support that. As is currently presented,we do not want a development literally in our backyard. Especially with no plan in place of what could be built. By our understanding, a community services designation could lead to anything from a 5 story building to a liquor store. Please know we are VEHEMENTLY OPPOSED! Also, it is probably too late now, but we're also not very happy at all with atrocity going on just to the south of us on Markham Hill. Thank you for your time. Sent from my iPhone Planning Commission November 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 39 of 43 RZN-2020-000014 One Mile View C-1 I A R-O RPZD 1 / RMF-24 O J z Marinoni Farms Property NORTH RMF-6 0 0.125 0.25 0.5 Miles J ' o� i Of a W RMF-12 a 2 z 1 W WEDINGTON DR 1 IIIII�I�IW EDINGTON D UT P-1 r I ■ • • RSF-4 � 1 rF � r I � 11111♦♦, , Subject Property 2� 1.0 1 0. t. R-A i Legend Planning Area ❑ Fayetteville City Limits L — — R Trail (Proposed) ___J ---- Planning Area - -- I_ Design Overlay District Fayetteville City Limits E Zoning RESIDENTIAL SINGLE-FAMILY - ustrial EXTRACTION n E- Risu COMMERCIAL FORM BASED DISTRICTS RSF-2 Downtown Core RSF-4 Ur„ roee„`are RSF-] - RSF-e Go wn Geneal - �Co m`unity Services RESIDENTIAL MULTIFAMILY Lrveie„bomooa Services RM-rveie„ —d conae,.auon R'F 18 PLANNED ZONING DISTRICTS _ Comm —I, Inaostnai, Resmeneai RM za INS �:F Faa TITUTIONAL INDUSTRIAL Planning Co e.WCororoero,a1—L,a„,Ind — m 9. ssion 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 40 of 43 RZN-2020-000014 Close Up View CO Cal �� a� ° W C-z C Ic Marinoni Farms Property / ID Q HATFIELI VALLEY DR ST W �:z a, w i W - Q°. NS-L - WEDINGTONIDR ° Z, a J011 Z 6N UT M CJ R' Subject Property RSF-4 r I i 1 1 1 1 ! 1 F -I. J. r� Legend Hillside -Hilltop Overlay District Shared Use Paved Trail Trail (Proposed) j _ I Design Overlay District L - - 1 Planning Area - L — —1 Fayetteville City Limits Building Footprint Feet J Proposed LIT cs 0 180 360 720 1,080 1,440 1 inch = 500 feet W a a w Z z ORA'DI s� •M11WLt, COLN_WOOD l Z W ° MAPLE -ST �r A&J Y�11�� NORTH Zoning Acres CS 23.0 UT 84.7 Total 107.7 Planning ssion 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 41 of 43 RZN-2020-000014 Marinoni Farms Property _ Current Land Use NORTH O� Q ON. 6p % w VALLEY DR o -o-t w Single -Family Residential frWEDINGTON!DR- a A ��-; Z 10 > > ` 9 rob; 0� "�.r Reli ious Q 9 w .. - +ram •i- :�� yi '�,;� ,,,. w ,. Z Q J ORA DR f.'� .� NARv�c1AVE� �. AND Undeveloped - - _MCMIL�L Single -Family Residential Religious ti ST 00 i Subject Property Undeveloped/ t Agricultural Multi -Family Residential - { Single -Family , Residential r OREN CIR MAPLE SST Undeveloped Shared Use Paved Trail Trail (Proposed) Feet Planning Area 0 180 360 720 1,080 1,440 - - -; Fayetteville City Limits — — 1 inch = 500 feet j - Design Overlay District FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Co mission ni^„^^ " 9, 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 42 of 43 RZN-2020-000014 Marinoni Farms Property A& Future Land Use NORTH G a HOLLY�ST w O O �l ` p m 9 Z\ Ow Q �� �.��'�'6 uJ 'VALLEY DR LU -HATFIELD ST J w as o CO) O _ a WEDINGTON DRiZ i � . O, _w \ ♦ �.��6� �vVO� /a 01 W w Z' w Z1 a q a J1 J MARv\XAAVE ORA DR i BERRY-ST A. ■ ■ ■ ■ , Subject Property L1NCOLNWOOpO� o O ■ city w Neighborhood a -CREW H O N I Natural PERSIMMON FLOREN CIR ST I MAPLE ST Non -Municipal TECHNOLOGY ' Government Residential WAY ► Neighborhood Legend City Neighborhood Civic Institutional Planning Area � Civic and Private Open Space - - Fayetteville City Limits Industrial Shared Use Paved Trail Feet Natural Trail (Proposed) Non -Municipal Government 0 220 440 880 1,320 1,760 Residential Neighborhood _., Design Overlay District 1 inch - 600 feet � Rural Residential Building Footprint Urban Center Di-;, r., ssion 2020 Agenda Item 4 RZN 20-000014 Marinoni Farm Page 43 of 43 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1004 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.14 RZN-2020-018 (310 & 325 N. FLETCHER AVEJMCDONALD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-018 LOCATED AT 310 AND 325 NORTH FLETCHER AVENUE FOR APPROXIMATELY 0.92 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units per acre to RSF-8, Residential Single Family, 8 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 City of Fayetteville Staff Review Form 2020-1004 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 11/13/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2020-000018: Rezone (310 & 325 N. FLETCHER AVE./MCDONALD, 485): Submitted by FLINTLOCK CO., LTD. for property located at 310 & 325 N. FLETCHER AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.92 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: November 13, 2020 CITY COUNCIL MEMO SUBJECT: RZN-2020-000018: Rezone (310 & 325 N. FLETCHER AVE./MCDONALD, 485): Submitted by FLINTLOCK CO., LTD. for property located at 310 & 325 N. FLETCHER AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.92 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is located east of downtown, on the west slope of Mount Sequoyah at the northeast corner of Fletcher Avenue and Dickson Street. Totaling approximately 0.92 acres, the property includes three parcels along Fletcher. The northernmost parcel is undeveloped while each of the other two include a single-family dwelling. The property includes two built street frontages, Fletcher and Dickson to the west and south, and access to an undeveloped section of Summit Avenue's right-of-way to the east. Although not as significant as other areas of Sequoyah, the terrain on the property slopes downward from east to west at a grade of approximately 15 percent. This combined with the high visibility of the property and geological conditions contribute to it being designated within Hillside -Hilltop Overlay District. Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4 Units per Acre, to RSF-8, Residential Single-family, 8 Units per Acre. Although specific development details have not been provided, the applicant comments that rezoning the property as requested will allow for single-family construction that is complimentary to the character of the existing neighborhood. Public Comment: Prior to the November 9, 2020 Planning Commission meeting, staff received numerous inquiries about the about the request, but limited statements of explicit opposition or support. Public comment that was received after publication of staff's Planning Commission report is attached. Numerous individuals spoke in opposition to the request at the public hearing, which is summarized below. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Compatibility: Residential land uses adjacent to and near the subject property are diverse. These include detached single-family homes between 1,350 and 7,000-square feet in size, lots widths between 40 and 350 feet wide, lot areas between 1/5 1h of an acre and 1 '/2 acres, and housing types ranging from single-family and accessory dwelling units to duplexes and multi- family. Staff's analysis indicates that within 200 feet of the property there are more attached residential dwellings than detached. Although this initially appears to reflect Fletcher's use south of Dickson as a border between multi -family and residential family zoning districts, attached residential can be found on both sides of the street. Given this range of building types and lot sizes, any effort to assert pure land use compatibility by building type and size is difficult at best and arguably inappropriate. Staff finds this variety to be an endorsement of the applicant's request given its allowance for an incremental increase in on -site density that is neither identical nor incompatibly different from surrounding properties. Additionally, the conventional setbacks and three story height maximum of the RSF-8 zoning district promotes a similar pattern of development to the existing zoning and surrounding properties. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map (FLUM) of City Plan 2040 and the City's adopted land use goals and policies. A Residential Neighborhood Area designation on the FLUM represents a wide mixture of residential uses, and while RSF-8 does not represent this in full, an incremental increase in density allowance affords an opportunity for appropriate infill that can relate well to neighboring properties. Further, staff asserts that additional housing at this location can complement existing transit, leverage nearby amenities, and utilize existing infrastructure to create the potential for attainable housing in the urban core. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score of 5 to 7 for this site. The following elements of the matrix contribute to the score: • Street Intersection Density • Near Park (Mount Sequoyah Gardens, Mount Sequoyah Woods, St. Joseph Park) • Near Grocery Store (Ozark Natural Foods) • Near Ozark Regional Transit Stop (Route 10) • Near Razorback Transit (Route 13) • Near Water Main (Dickson and Fletcher) • Near Sewer Main (Dickson and Fletcher) DISCUSSION: At the November 9, 2020 Planning Commission meeting, a vote of 8-1-0 forwarded the request to the City Council with a recommendation of approval. Commissioner Hoffman made the motion and Commissioner Winston seconded. Commissioner Garlock dissented, citing concurrence with many of the concerns expressed during public comment. Among those Commissioners that commented in favor, statement was made that maintaining low -density zoning in this area was inherently exclusionary, particularly with higher -density zoning districts being applied to historically lower income and minority neighborhoods to the south. Other Commissioners noted that the property's location within the Hillside -Hilltop Overlay District provides protections not typically associated with single-family dwelling construction, including higher tree preservation, home construction, and grading standards. Several residents spoke in opposition to the request. Primary concerns were for the aggravation of existing drainage issues, the potential for increased traffic, and impacts on wildlife. Others noted the narrow condition of Summit Avenue, concern about sanitary sewer capacity, the potential for renters and not home owners, and a disagreement with staff that the property had good connectivity to other portions of the area. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Public Comment • Planning Commission Staff Report RZN-2020-000018 McDonald RZN-20-000018 Close Up View I EXHIBIT W I BUTTON ST LU —DICKSON;ST; O ST Legend I Hillside -Hilltop Overlay District Trail (Proposed) ` Planning Area L — Fayetteville City Limits Building Footprint �: oI \P� J- L'AFAYETTE ST —CRESCENT-DR Subject Property], Proposed RSF-8 Feet 0 75 150 300 450 1 inch = 200 feet - L• N NIISSOURI/ `I WAY O� O 7//'/�// v NORTH Zoning Acres RSF-8 0.9 Total 0.9 RZN-20-000018 EXHIBIT 'B' 310 N FLETCHER AVE (765-08266-000): S 49 FT LOT 6 N 55 FT LOT 7 BL OCK 3 326 N FLETCHER AVE (765-08265-000): S 62 FT LOT 5 N 26 FT LOT 6 BLOCK 3 (765-08264-000): LOT 4 N 13 FT LOT 5 BLOCK 3 Memo: To: Jonathan Curth From: John Crone RE: Rezoning of three lots at 310 Fletcher Ave. Thank you for the information suggesting it is possible to put two dwellings on a 50' lot under the Fayetteville Codes. I assume this means that the proposed zoning request could result in from 7 to 14 tall, thin units on the .86-acre site under review. My main concern is that the planning process be transparent and accurate, so that the public has a chance to respond and there are statements in the Flintlock letter that are part of the planning review document, that appear inaccurate. Examples follow. "The zoning change request will bring the property's development pattern into alignment with the pattern of development that yielded the current neighborhood character." Then in a paragraph below "Additionally, the three adjacent parcels are across the street from a Residential Multi-family-24 units/acre zone and the proposed zoning request would provide a more graceful transition between the two widely different zones that currently abut it on either side." In reality, it appears that zoning across the site in question is clearly RSF-4 on the on- line City zoning map (on both sides of Fletcher Ave.) and the "transition" mentioned for the proposal is more of an incursion into the present fabric of the RSF 4 neighborhood. The site is bracketed or surrounded by private residences on '/4-acre lots on both sides of the street. The fact that several duplexes are across from the site does not change the RSF-4 designation. The statement that "The proposed zoning will still limit the use to only single-family homes, as the current zoning does but at a density and character that is specifically modeled after the pattern of the neighbor's homes." is clearly erroneous. They are all one-story and some with basements on quarter -acre lots or duplexes. The letter concludes with the statement that the development will provide "attainable housing." Dwellings that will cost over $300,000 do not fall under the current definition of attainable housing. Thank you for any clarification you can provide. John V. Crone (Zoning map on next page) _ __or ptk- P'j -& RPFD!�.o y M-. ' RNV# � ¥ 2rp 5 � BwD° ` 1� �',.�.�. .. We are writing to express our opposition to the proposed re -zoning proposal to increase these properties from 4 units to 8 units per acre. Our property is on Cresent Drive. The comprehensive plan was altered in the 1970s to allow for larger properties with single family homes for a reason. It has since defined the character of the neighborhood, and nothing has occurred in the interim to merit altering the plan. Packing more people into smaller parcels will set a precedent that will drastically alter the overall feel of the existing neighborhood. Parking will be an issue, green space will be reduced, and traffic will be increased. Flintlock's claim in their letter to homeowners to "provide quality single family housing... in the character of the existing neighborhood" is simply not true. Doubling the population density in a neighborhood zoned for 4 units per acre for almost 50 years neither will increase quality of housing nor does it match the character of the neighborhood. Flintlock goes on to make the outstanding claim that this re -zoning will "improve the overall aesthetics and sense of community within the area." There is no possible way they can know this. The proposal could just as easily be the first step toward turning the area into a ghetto full of slum -lord housing in the long run. Not to mention there is absolutely nothing wrong with the sense of community here that needs to be improved upon in the first place. We like our bigger lots with smaller density. Period. Please consider these arguments when discussing the proposal. Thank you for your time. Best Regards, Case Miner and Robyn Goforth CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager MEETING DATE: November 9, 2020 (Updated with Planning Commission Results) SUBJECT: RZN-2020-000018: Rezone (310 & 325 N. FLETCHER AVE./MCDONALD, 485): Submitted by FLINTLOCK CO., LTD. for property located at 310 & 325 N. FLETCHER AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.92 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2020-000018 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2020-000018 to the City Council with a recommendation of approval." BACKGROUND: The subject property is in located east of downtown, on the west slope of Mount Sequoyah at the northeast corner of Fletcher Avenue and Dickson Street. Totaling approximately 0.92 acres, the property includes three parcels along Fletcher. The northernmost parcel is undeveloped while each of the other two include a single-family dwelling. The property includes two improved street frontages, Fletcher and Dickson to the west and south, and access to an undeveloped section of Summit Avenue's right-of-way to the east. Although not as significant as other areas of Sequoyah, the terrain the property slopes downward from east to west at a grade of approximately 15 percent. This combined with the high visibility of the property and geological conditions contribute to it being designated within Hillside -Hilltop Overlay District. Surrounding land use 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 Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Single-family Residential; 2-family Residential RMF-24, Residential Multi -family, 24 Units per Acre Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4 Units per Acre, to RSF-8, Residential Single-family, 8 Units per Acre. Although specific development details have not been provided, the applicant comments that rezoning the property as requested will allow for single-family construction that is complimentary to the character of the existing neighborhood. Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 1 of 20 Public Comment: Staff has received numerous inquiries and statements of concern about the about the request, but limited statements of explicit opposition or support. . INFRASTRUCTURE: Streets: The property has frontage along North Fletcher Avenue and East Dickson Street, both of which are designated as Residential Link streets. Fletcher is fully - improved with asphalt paving, curb and gutter, and sidewalk. Dickson is not fully improved, totaling approximately 18 feet of paved width and lacking both curb and gutter, and sidewalks. The need for street improvements will be evaluated at the time of development. Water: Public water is available to the site. Existing 2-inch and 10-inch water mains are present along the east side of Fletcher. Additionally, an existing 8-inch water main is located along the south side of Dickson. Sewer: Public sanitary sewer is available to the overall site, but not to each parcel. An existing sanitary sewer main is west of Fletcher along the northernmost parcel's street frontage and a 6-inch sanitary sewer main is located in Dickson along the southernmost parcel. Drainage: No portion of the subject property lies within a FEMA designated 100-year floodplain or a Streamside Protection Zone. Similarly, no hydric soils are present. However, and as noted above, the entirety of the property is within the Hillside - Hilltop Overlay District. Improvements or requirements for drainage would be determined at the time of development. Fire: The property will be protected by Station 1, located at 303 W. Center Street. The property is one mile from the fire station with an anticipated drive time of approximately four minutes using existing streets. The anticipated response time would be 6.2 minutes, calculated based on drive time, one minute for dispatch, and 1.2 minutes for turn -out. This is not within the response time goal of six minutes for an engine but is 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 2040 Future Land Use Plan designates the property as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood Areas encourage highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 2 of 20 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between 5 and 7 out of 12 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of 11 out of 17. The following elements of the matrix contribute to the score: • Intersection Density • Near Park (Mount Sequoyah Gardens, Mount Sequoyah Woods, St. Joseph Park) • Near Grocery Store (Ozark Natural Foods) • Near Ozark Regional Transit Stop (Route 10) • Near Razorback Transit (Route 13) • Near Water Main (Dickson and Fletcher) • Near Sewer Main (Dickson and Fletcher) 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: Residential land uses adjacent to and near the subject property are diverse. These include detached single-family homes between 1,350 and 7,000-square feet in size, lots widths between 40 and 350 feet wide, lot areas between 1/5t" of an acre and 1 % acres, and housing types ranging from single-family and accessory dwelling units to duplexes and multi -family. Within 200 feet of the property there are more attached residential dwellings than detached. Although this initially appears to be a reflection of Fletcher's use as a border between multi -family and residential family zoning districts, attached residential can be found on both sides of the street. Given this range of building types and lot sizes, any effort to assert pure land use compatibility by building type and size is difficult at best. Staff finds this variety to be an endorsement of the applicant's request given its allowance for an incremental increase in on -site density that is neither identical nor incompatibly different from surrounding properties. Additionally, the conventional setbacks and three story height maximum of the RSF-8 zoning district promote a similar pattern of development to the existing zoning and surrounding properties. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map (FLUM) of City Plan 2040 and the City's adopted land use goals and policies. A Residential Neighborhood Area designation on the FLUM represents a wide mixture of residential uses, and while RSF-8 does not represent this in full, an incremental increase in density allowance affords an opportunity for appropriate infill that can relate well to neighboring properties. Further, staff asserts that additional housing at this location can complement existing transit, leverage nearby amenities, and utilize existing infrastructure to create the potential for attainable housing in the urban core. 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, with the request addressing both long-range plans and historic development patterns in the area. Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 3 of 20 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Currently, Police Department records do not suggest a dangerous traffic condition along Dickson and Fletcher adjacent to the subject property. Between 2015 and 2018, three accidents occurred near this property, and none of which were classified as incapacitating or fatal. Similarly, staff does not find the proposal to create a traffic danger or likelihood for congestion. With direct access to two streets, albeit not fully -improved in Dickson's case, development on the property can utilize the established grid and associated connectivity in the area to disperse vehicle traffic effectively, rather than concentrating it on one or two streets with negative results. 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: The proposed rezoning is likely to increase potential population density over the current multi -family zoning. Despite this, staff does not find there to be the potential for adverse impacts. This assessment is based on the property's immediate access to adequate water, sewer, and Fayetteville School District not expressing concern or submitting comment. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2020-000018 to the City Council with a recommendation of approval. Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 4 of 20 PLANNING COMMISSION ACTION: Required YES Date: November 9, 2020 O Tabled xO Forwarded O Denied IMotion: Hoffman, recommending approval (Second: Winston Vote: 8-1-0, Garlock dissentin BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Single-family, 4 Units per Acre o §161.09 — RSF-8, Residential Single-family, 8 Units per Acre • Request letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 5 of 20 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less Bulk and Area Single-family Two (2) family dwellings I dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay District Lot 8,000 square feet 12,000 square feet area minimum Land area per I8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 15 feet 115 feet Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 6 of 20 (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 7 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 I City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development �) 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 (3) Land Area Per Dwellinq Unit. Single-family 5,000 square feet Two-family 5,000 square feet Townhouse, no more than two (2) attached 2,500 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 8 of 20 (F) Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4- 20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 9 of 20 RZN-2020-000018 Request flintlock Letter ARCHITECTURE &LANDSCAPE September 29, 2020 PETITION TO CHANGE ZONING OF 3 ADJACENT LOTS TO: The Fayetteville City Planning Commission & The Fayetteville City Council Flintlock Development, LLC requests that the zoning designation of the following lots (parcels 765-08264-000, 765- 08265-000 and 765-08266-000) be changed from Residential Single-family — 4 units/acre to Residential Single- family — 8 units/acre: 310 N FLETCHER AVE (765-08266-000): S 49 FT LOT 6 N 55 FT LOT 7 BL OCK 3 326 N FLETCHER AVE (765-08265-000): S 62 FT LOT 5 N 26 FT LOT 6 BLOCK 3 (765-08264-000): LOT 4 N 13 FT LOT 5 BLOCK 3 REASON FOR ZONING CHANGE REQUEST / STATEMENT OF NEED: The zoning change request will bring the property's development pattern into alignment with the pattern of development that yielded the current neighborhood character. The RSF-8 zoning district was designed explicitly by the city to reflect the development pattern and uses of the historic districts of Fayetteville (where this property sits), while the RSFA district was implemented in the 1970s to reduce access to affordable housing and make large houses on large lots the standard (according to Planning Commission notes of the meeting at which the city was zoned with this new, experimental, non-traditional town form pattern). The RSFA district has contributed significantly to urban sprawl in Fayetteville since its implementation in the 1970s and has made it illegal to build in the development pattern and density of the historic districts in the intervening years. It has also increased housing costs, requiring much more land per home than our beloved historic neighborhoods did. With this re -zoning, we hope to be able to provide quality single-family housing that aligns with the character of the existing neighborhood. We also hope to improve the overall aesthetics and sense of community within the area. Additionally, the three adjacent parcels are across the street from a Residential Multi -family — 24 units/acre zone, and the proposed zoning request would provide a more graceful transition between the two widely different zones that current abut it on either side. IMPACT ON NEIGHBORS & CITY: The requested zoning change will minimally impact the surrounding properties in terms of land use, traffic, appearance, and signage. It is not expected to increase traffic danger or congestion. Water and Sewer are available in adequate quantities adjacent to the sites. The proposed zoning will still limit the use to only single family homes, as the current zoning does, but at a density and character that is specifically modeled after the pattern of the neighbor's homes. CONSISTENT WITH LAND USE PLANS: It is our opinion that the proposed zoning change is entirely consistent with both land use planning objectives, principles, and policies and is consistent with the history of the site and neighborhood. The rezoning will allow the Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 10 of 20 property to be developed directly in line with the City's goals to "make appropriate infill... our highest priority," "make traditional town form the standard," and "create attainable housing." Respectfully, FLINTLOCK LTD CO Allison Thurmond Quinlan AIA RLA LEED AP Principal Architect Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 11 of 20 RZN-2020-000018 Public Comment REQUEST FOR ZONING CHANGE: 310 AND 326 FLETCHER AVENUE At the end of September 2020, Flintlock Architects & Landscape sent out a letter to neighborhood residents around a .86 acre 3-parcel property located on the northeast corner of Dickson Street at Fletcher Avenue on historic Mount Sequoyah and inside the City of Fayetteville's Hillside Overlay District. This letter notified the owners of properties adjacent the 3 parcels (I am one) that Flintlock is requesting the Fayetteville City Planning Commission and the City Council to re -zone the three parcels from Residential Single -Family 4 Units per Acre to Residential Single -Family 8 Units per Acre. The rationale from Flintlock was that RSF-4 was implemented to reduce access to affordable housing and contributed to Urban sprawl and that RSF-8 can result in single-family housing that is in the character of the existing neighborhood. am a resident of this neighborhood, a landscape architect, and professor emeritus of the UA School of Architecture with over 40 years here and abroad of practice and teaching experience in regional planning, site planning and housing. I have several observations regarding this re -zoning request. First, City of Fayetteville Infill Development Goals suggest: • Evaluate and recommend modifications to zoning districts to promote context sensitivity, including allowed uses, setbacks, building mass and lot coverage. • Evaluate development design standards for context sensitivity. Evaluate development thresholds based on metrics such as building form, not type. • Create approved building types for identified neighborhoods. Furthermore, the whole issue of context sensitivity is addressed in the City's Hillside Overlay zoning documents and makes recommendations to address neighborhood context, so it is important to define the historical context of the neighborhood where several of us live. Originally, the area was platted with narrow 50' lots and people bought from one to three lots to build houses of various sizes on and along Fletcher Avenue. Over time some became duplexes and even more dense apartments. So, the character of the street may be defined as a variety of both rental Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 12 of 20 housing and single-family dwellings characterized by different sizes, heights, and setbacks integrated by a mature tree canopy and mature shrubbery. In other words, the neighborhood context is not a zone of narrow houses on narrow lots Top: Picture of current site indicating high visibility and mature tree cover of Mt Sequoyah Bottom: Is this context sensitive to Fletcher Ave. and the Mt Sequoyah Hillside Overlay? Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 13 of 20 Below on this page are several examples of Fletcher Avenue's original, narrow -lot houses and an 8-unit rental infill that is context sensitive to the neighborhood and in keeping with the Fayetteville Hillside Overlay guidelines. Notice how the addition to the single narrow -lot house sited on two narrow lots --in which my family lives --is built down into the site with the tall addition down -hill away from the Fletcher Avenuet front Top left: My 1930'sl house is on two narrow lots and the tall addition is down -hill in keeping with the Hillside Overlay documents. Top right: Notice how these original narrow -lot houses were built into the hillside with basements to minimize height. Left picture: This 8-plex next to my rental house (above) is in character with the neighborhood with dark colors and extensive planting. It is, setback around a courtyard, Major old trees have been retained.. This is adjacent a Bird Sanctuary zone. Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 14 of 20 This raises the issue of placing zoning density before addressing building type, size and scale and neighborhood context. It is possible to achieve 8 du per acre --while in keeping with the Mt Sequoyah Overlay guidelines —by using a more flexible approach. Below is an example of a 2/3-acre development that achieves 8 du per acre and gives something back to the neighborhood in visible green -space that can also be accessed by the owners and provide for stormwater runoff. The actual site on Fletcher is larger. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing Above site sketch modified after illustration in Filling in the Spaces as shown on left. Note context sensitive design in cover photo Pdf document is attached to this email Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 15 of 20 Conclusion: I feel there is a way to achieve 8 du or less which would satisfy Flintlock --acting on behalf of the owner --which is context sensitive and a win -win for the developer and the citizens of this Fayetteville neighborhood. In my professional opinion it would be prudent for Flintlock to investigate other avenues of development that allow for context sensitive design that is profitable and a boon to Mt Sequoyah residents. The decision to simply pass the Planning Commission and the City Council request for re -zoning of the three parcels in question from Residential Single -Family 4 Units per Acre to Residential Single -Family 8 Units per Acre may well result in a product not in keeping with the City of Fayetteville's own Hillside Overlay guidelines or long-term goals nor in the interest of the residents of this Mt Sequoyah neighborhood, who have been most vocal about their disdain of this zoning request. The statement from Flintlock, "The proposed zoning will still limit the use to only single family homes, as the currentzoning does, but at a density and character that is specifically modeled after the pattern of the neighbor's homes" is not exactly accurate and we would ask the Planning Department to consider alternatives. How affordable are homes that will sell for over $300,000? Sincerely, John V. Crone Landscape Architect Planning Commission November 9, 2020 Agenda Item 10 RZN 20-000018 McDonald Page 16 of 20 RZN-2020-000018 One Mile View I CS 1 � EM W LLI McDonald NORTH 0 0.125 0.25 0.5 Miles zrt 'ArAYETTE ST E LAFAYETTE ST J RPZD MSC 2w � I z 3ON ST+ i R-O EE CENTE fi J ■ z 72 4z Subject Property 4' RSF-8 1-1 Legend -� Planning Area ❑ - - Fayetteville City Limits Trail (Proposed) ---- Planning Area - -- j---- J Design Overlay District Fayetteville City Limits _ �nunn�n� ,�����♦ RSF 4� ` Zoning RESIDENTIAL SINGLE-FAMILY L2 General Ind. —I EXTRACTION NSG 11 RI-U COMMERCIAL RI-,2 Reaieaneal-OMce � NSL C-1 � Re.ieantlal-Agn.1-1 C-2 RSF-.8 = C-3 RSF-, FORM BASED DISTRICTS RSF-2 Downtown Care RSF-4 UTHI Tbemug— RSF-] Mein I— Center RSF-8 Downtown General RSF-18 Cammunty Service. RESIDENTIAL MULTI -FAMILY Neigbbemeee Servi.. -1 M Neigbbmbeee Cm.ervatlen RMF-12 PLANNED ZONING DISTRICTS RMF-18 C...—I, Ind—1, Reaieentlal W124 INSTITUTIONAL W140 INDUSTRIAL Planning Conim Nae Cemmenelene gbtlneu.Viai 9. ssion 2020 Agenda Item 10 RZN 20-000018 McDonald Page 17 of 20 RZN-2020-000018 Close Up View -SUTTON ST SPRING 'ST Cu McDonald z O :` 5 V4 L'AFAYETTE ST CRESCENT -DR — Subject Property RMF-6 O OGWOOD LN_ 97. > MISSOURI 1roposex PRSF 8d RSF-4 �P� WAY LU Q v w O H w Zi J —DICKSON ST �- O O PP1 a N RMF-24 � `2 i NORTH Legend Hillside -Hilltop Overlay District Trail (Proposed) ` Planning Area L — I Fayetteville City Limits Building Footprint Feet 0 75 150 300 450 1 inch = 200 feet :II Zoninq Acres RSF-8 0.9 Total 0.9 Planning ssion 2020 Agenda Item 10 RZN 20-000018 McDonald Page 18 of 20 ssion 2020 Agenda Item 10 RZN 20-000018 McDonald Page 19 of 20 RZN-2020-000018 Future Land Use w a z ..I 3 w SUTTON ST W J O DICKSON ST SPRING ST w Q z J Legend Planning Area �- - - Fayetteville City Limits Trail (Proposed) Building Footprint McDonald 0 J m z O &� LAFAYETTE ST- Feet 0 112.5 225 450 MAPLE ST CENT-DR- -11" Residential Neighborhood NG \' leT,= D z O r 911 -DOGWOOD jN 69� PA—MISSOURI-WAY 4 �Q O Y-5KYLIAIe \ O 675 900 1 inch = 300 feet Civic Institutional lllllr City Neighborhood lllll� Civic Institutional i� Civic and Private Open Space Industrial lllll� Natural Non -Municipal Government Residential Neighborhood 111 Rural Residential = Urban Center Di-;, r, ssion 2020 Agenda Item 10 RZN 20-000018 McDonald Page 20 of 20 THE HOUSING PARTNERSHIP a no -p o(il co P.—i— Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership November, 2003 Made possible, in part, through a contribution from the Washington Association of Realtors This publication was prepared by The Housing Partnership, through a contribution from the Washington Association of Realtors. The Housing Partnership is a non-profit organization (officially known as the King County Housing Alliance) is dedicated to increasing the supply of affordable market rate housing in King County. This is achieved, in part, through policies of local government that foster increased housing development while preserving affordability and neighborhood character. The Partnership pursues these goals by: (a) building public awareness of housing affordability issues; (b) promoting design and regulatory solutions; and (c) acting as a convener of public, private and community leaders. Contact: Michael Luis, 425-453-5123, mluis@seanet.com. The 17,000-member Washington Association of REALTORS@ represents 150,000 homebuyers each year, and the interests of more than 4 million homeowners throughout the state. REALTORSO are committed to improving our quality of life by supporting quality growth that encourages economic vitality, provides a variety of housing opportunities, builds better communities with good schools and safe neighborhoods, preserves the environment for our children, and protects property owners ability to own, use, buy and sell real property. Contact: Bryan Wahl, 1-800-562-6024, bryan.wahl@warealtor.com. Cover photo: Ravenna Cottages. Developed by Threshold Housing. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing A growth management strategy that relies on extensive urban infill requires major changes from past industry and regulatory practice. For the strategy to succeed, builders and local governments must change the way they operate and work more closely together to further each others' goals. The ten essentials help guide the public and private sectors as they fill in the spaces with new homes in innovative developments. The ten essentials are just that: essential. Communities that have struggled to bring about desired change and fulfill their visions will likely find some key steps they have missed along the way. None of the essentials is easy or cheap. But we must be realistic about the challenge of changing 100-year-old development patterns and promoting change in things people value highly. The rewards of growth management entail risk, and the payoffs require investments. What we mean by infill and innovation Current urban growth lines still allow development on the periphery of the metropolitan area, and in most cases this development will follow relatively conventional patterns of large subdivisions. Some small lot subdivisions have been developed in outlying areas, and the large masterplanned communities have a wide variety of housing types. There is plenty of innovation going on in the periphery, aided by sophisticated marketing strategies and the lack of conflict with existing established neighborhoods. This study is about something different. As development has marched outward from central cities over the decades, some land has been left undeveloped or underdeveloped along the way. These islands can range from a half -acre with a dilapidated house, up to an abandoned school site of 20 or 30 acres. In most cases these parcels sit within established neighborhoods which have evolved in their own unique ways. Many of these sites were passed over because of steep slopes, sensitive areas, unstable soils or conflicts with adjacent uses (such as industry or freeways). Many vacant parcels end up serving as community open space with room for children and dogs. In outlying areas, builders have more of a blank slate to work with, whereas infill sites come with a regulatory, market and aesthetic context the builder must work within and that resists change. For some sites the context works just fine and a builder can produce homes that fit right into the surroundings. For other sites, a builder cannot replicate the existing patterns and have a successful project. Without innovation and the ability to be innovative and break from the established context, many parcels will remain undeveloped. Innovation and industry structure An underlying principle of the Growth Management Act is that builders should use vacant or underdeveloped infill parcels before asking for more land on the periphery through an expansion of the urban growth line. This conflicts, to a large degree, with the trends in the homebuilding industry. Many of the small and medium sized builders and developers have disappeared. The remaining small builders have either moved to the very edge of the urban areas, where they can still find inexpensive land, or have moved into expensive niche markets. The large builders, pursuing economies of scale, now work primarily in masterplanned communities or large subdivisions on the periphery. With this industry dynamic, an infill strategy becomes problematic. In high demand areas small builders will eagerly snap up available parcels, paying the extra development costs for difficult sites, confident they will get high prices for finished homes. It is not unusual to see developments of just a few expensive houses in East King County or Seattle. In most areas, however, infill opportunities have more difficulty attracting builders. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 1 This is where innovation comes in. Higher densities, different product types and new development standards, combined with a focus on emerging markets, can turn unattractive infill sites into profitable opportunities for builders that meet critical housing needs. We now have quite a number of good examples of innovative housing developments throughout the region, but few jurisdictions allow these models in infill settings with established zoning and development standards. A successful infill strategy will make these innovative housing types into mainstream products built by small local builders. Innovation and the Growth Management Act Under the Growth Management Act (GMA) the state gives counties a projected population growth, and counties, in turn, divide this growth target among cities and unincorporated areas. Most jurisdictions have found that they cannot meet their assigned targets by growing in the same patterns and at the same densities as before. They need some areas of higher density. Many jurisdictions have responded by planning for some areas of very high density (mostly in designated "urban centers"), while leaving the majority of land in single family neighborhoods at the prevailing zoned density. This approach has its political attractions, since the areas slated for high densities are usually in urban cores or commercial districts. It has not, however, attracted much interest from the building industry. The market for urban center housing remains limited and confined to areas of Seattle, Everett, Tacoma and some East King County cities. Most urban centers have seen little or no housing development since receiving designation as such a decade ago. As an alternative approach to achieving higher densities, cities and counties can promote infill at mid - levels of density (between 10 and 20 units per acre). This might include small lot development, cottage housing, townhouses, auto courts and small multiplexes (see Figure 1 and Appendix A). Unlike urban center housing, there is proven demand for these housing types throughout the region, and builders have had success with them. For the most part, however, these models are found only in large subdivisions and masterplanned communities or as isolated demonstration projects. Jurisdictions will have much better success meeting their GMA goals by allowing these innovative housing types in a wide variety of infill settings. Conventional Mid -level infill Urban Center single family High-rise Apt/Condo 100 du/acre + Mid -rise Apt/ Condo Walk-up Apt/Condo Six- Pac Apt/Condo Townhouse Cottage Housing small lot det. Single Family 12 18 24 30 Fiqure 1 Units per Acre Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 2 The Ten Essentials Homebuilding is a large, fragmented and complex industry, governed by a bewildering array of jurisdictions and regulations. The fundamental changes in homebuilding required by the GMA will not happen easily or overnight. The old saying about turning a battleship applies very well. The ten essentials provide local governments and members of the industry with a framework for pursuing change and fostering the more interactive and cooperative environment that must evolve for that change to happen. The ten essentials are: Political 1. Build public understanding and acceptance of GMA obligations 2. Make innovation a positive outcome for current residents Industry 3. Make innovative housing the preferred choice for builders 4. Make infill housing a profitable business Marketing 5. Help new housing fit well into old neighborhoods 6. Identify market demand and plan to meet it Design 7. Design sites for livability and functionality 8. Put aside the old stock plans and start over Regulation 9. Write new development codes that promote good site and home design 10. Develop processes that promote rather than penalize innovation and infill. Each of the ten essentials has four parts: Why it matters Or put in the negative, why failure to observe this essential will keep a community's objectives from being achieved. What it means What specifically has to be done. The focus is on the variables in the political or development process that will be affected. How to do it In the past decade we have learned a lot about successful infill development and have seen a burst of energy in developing tools and techniques to promote it. Responsibilities The public and private sector players will each have responsibilities, and some will be joint. Like any framework, the ten essentials are somewhat arbitrarily drawn. There could be eight or twelve. Nor are they complete. The reader will find, however, that they suggest more than enough work to keep builders and local governments busy for a long time. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 3 Political Essentials. Elected officials must have reasons to support infill and innovation and must see them as politically safe or even beneficial Essential #1: Build public understanding and acceptance of GMA obligations Political support for infill and innovation begins with the recognition by the public that communities within urban growth areas have an obligation to accept infill and higher densities in exchange for preservation of rural and resource areas in the region. Whvit matters In 1Century cities, dense infill was common, since there was great demand for housing within walking or streetcar distance of job centers. Builders filled in vacant lots and replaced light uses with more intense ones. With the build -out of central cities and the advent of the automobile, however, metropolitan areas began to grow mostly on the periphery. As successive rings matured, mostly as single family neighborhoods, prevailing development patterns became politically locked in. Local governments have viewed it as their job to protect the "character" of their neighborhoods, and that means maintaining existing densities. Moreover, residents tend to view vacant land in their neighborhoods as community open space, regardless of its ownership and legal development potential. With the mature areas mostly built -out, housing demand would have to be satisfied in the next ring out. These peripheral areas feature large parcels which are economic to develop, fewer existing neighbors to affect, and, often, a more development -friendly atmosphere. From a marketing perspective, builders on the periphery can create entirely new communities, which are popular with buyers in the new -construction market. Then along comes growth management, which turns this community and political dynamic on its head. Now, with less land available on the periphery, growth will be channeled into those existing mature areas in the form of infill and redevelopment, often at higher densities. But this is exactly what the structure of local government is set up to prevent. Residents of mature communities do not want changes in densities and do not want their open spaces filled in. Their elected officials will respond to those desires. Being pro -housing and pro -density is politically irrational and will often cut a councilmember's career short. The central problem is that, since the advent of growth management, state and local governments have done a very poor job of convincing their local citizens of the requirement to accommodate infill and higher densities as part of the growth management framework. Research has shown that awareness levels of growth management are extremely low, and thus the call for infill and higher densities seem arbitrary and in violation of the implicit and explicit political bargain that has governed land use for decades. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 4 A better understanding of the obligations of communities under growth management is necessary before political support can be built for higher densities and infill. What it means The level of awareness of and support for growth management must increase dramatically, at both the regional and local level. Community leaders need to: Appreciate the magnitude of the challenge. Changing attitudes about development patterns and building acceptance of the obligation to accept density and infill are huge undertakings, striking at the heart of fundamental values. On the continuum of challenge in public opinion shifting, it is closer to a campaign to get rid of SUVs than it is to a campaign to increase recycling. Be honest. Containing sprawl and preserving rural and resource lands is not cheap, and there will be impacts on existing communities. Someone will pay the price, and an equitable society should spread that cost across the whole society, and not impose it on the next generation. Be realistic. New infill and higher density developments need to reflect market demand. Consumer tastes shift slowly, as do certain bedrock values such as safety, quiet, privacy and affordability. Public discussions of new development patterns should be built around housing types that have a good chance of being built. How to do it A communications program must: Engage elected and civic leaders. Within most communities there is no natural constituency for new housing, since those who would benefit from it probably live somewhere else (see Essential #2). It will take strong leadership to represent the housing needs of future generations and convince local residents they have a role in providing that housing. Engage passive citizens. Most citizens remain minimally engaged in local affairs until something threatens them. Communications techniques must reach out to citizens who have an interest in the future of their community but who are not actively involved. It is critical to avoid reliance on workshops and open houses, since very few people attend them, and those who do are not representative of the population as a whole. Be continual and persistent. This is not a perfunctory, one-time public information process, but rather, a sales program to a continually shifting customer base. To create the sort of radical change in the public's understanding of its obligations requires consistent messages, delivered often, over a long period of time. Be specific. Visions and big pictures are a necessary starting point, but citizens must understand the specific types of housing being proposed. This is more than just the physical forms, but also the market and anticipated impacts. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 5 Responsibilities State government. The Growth Management Act is a creature of state government, so the Governor and Legislature need to continually remind citizens of the state about the importance of managing growth and the usefulness of the system they put in place. Local government. Local governments are responsible for developing realistic, market -oriented plans and strategies for encouraging innovative infill and redevelopment and for increasing densities. As part of this, they need to be the advocates for the housing needs of future generations, and to take ownership of their city's part of the larger regional infill obligation. Housing industry. Developers and builders must help local governments understand what types of infill housing are realistic in their community, and work with those governments to make housing strategies attractive to citizens. Quality development that is sensitive to its surroundings builds public support, while poor development erodes it. Essential #2: Make innovation a positive outcome for current residents Crucial to building political support for infill and innovation is ensuring that new development brings benefits to the community as a whole, not just to builders and newcomers. Why it matters At their core, most political decisions involve a calculation of benefits and costs, assigning them to those who are, to some degree, "winners" and "losers." Successful initiatives tend to benefit large numbers of local voters and confine their negative impacts to those who do not vote in the jurisdiction (hence the popularity of rental car taxes!). Now consider the dynamic that applies to infill housing and higher densities. Winners The biggest "winners" are clearly the builders who stand to gain financially, the individuals and families who will live in the new housing, and the landowners who sold the property for development. Not only is this a small number of people, but only the land seller is likely to vote in the jurisdiction. Losers. Among those who perceive the biggest harm from infill and density, the immediate neighbors of a property are usually most vocal. They fear traffic, noise and parking problems. Some people believe that high density housing invites crime. Residents from a larger radius around an infill project will also worry about traffic and perhaps impacts on crime rates and schools. Balance. The simple political calculation in this situation clearly favors the discouragement of infill and prohibitions on higher densities. In the current climate there are not enough voters in the community who perceive themselves as winners to begin to balance against those who perceive (whether accurately or not) they will be harmed. This is especially true if voters have an insufficient understanding of their obligations under growth management (see Essential #1). Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 6 What it means Changing the political balance means figuring out how new housing development, perhaps at higher densities, will benefit people currently living and voting in the community. Areas to explore include: Move -down buyers. In many communities there will be individuals and families who would like to move to a smaller, brand new home while staying in their neighborhood. New infill development can offer that opportunity. Enhanced retail. Most neighborhood retailers (supermarkets, drugstores, coffee houses, convenience foods) rely on counts of "rooftops" to determine where to invest. The customer base guides the location and size of new stores and the renovation and expansion of existing ones. Infill and higher densities will add rooftops, making communities more inviting for retailers. Property value impacts. While the perception may be that higher density development will lower property values, the opposite is the generally true, especially if the new housing is for -sale. New construction will always sell for a higher per -square -foot price than older housing, increasing sales prices in the area. A new 1400 square foot house on a small lot will sell for more than an old 1400 square foot house on a large lot, indicating that people are willing to pay high prices to live in that neighborhood. This is good for property values. Promise of sale for redevelopment. If land can be redeveloped at higher densities, local owners of large lots may see potential future profit in redevelopment. In most areas of the county it is not economical to tear down an old house and replace it with a single new house. It may, however, be profitable to replace one old house with three or four, making the land under the old house quite valuable. Owners of large lots can become advocates of higher densities if they see development potential in their property. Property tax impacts. New construction added to the tax rolls spreads the burden of paying off existing city and school district bonds. How to do it The process of planning for housing should include the identification of local beneficiaries. The planning process should include: Demographic and market study. (see Essential #6) The same kind of market analysis used by builders to select product types can be used by cities to identify the types of housing that would meet the future needs of current residents. A community with lots of children will need empty - nester homes in a decade, and a community with lots of empty nesters will need active adult housing, and so forth. Retail study. If an area is underserved by retail, planners should know what critical mass of housing will lead retailing companies to locate or upgrade stores. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 7 Property value trends. Planners should be able to provide examples of cases where infill and higher densities have increased property values in the surrounding neighborhood and where new developments have been a catalyst for further redevelopment. Redevelopment potential. Property owners should have access to information that would allow them to determine the development potential of their property. The city should provide them with examples of creative ways to redevelop challenging sites. Property tax studies. Local governments should analyze the property tax impacts of new housing to determine the degree to which it lowers the tax burden on existing properties. Responsibilities Local government. The research and information needed to help residents see the benefits of infill housing and higher densities are primarily the responsibility of local governments. Jurisdictions should include these studies in their planning budgets since they are as essential to the long term success of planning efforts as the technical issues that dominate those budgets. Housing industry. Because builders will generally be seen as self -interested, they will find it difficult to play a big public role in identifying local beneficiaries of their projects. They should, however, share with local officials any information about the likelihood that current residents will move into their project. Civic organizations. Civic organizations, like chambers of commerce and downtown associations should champion the benefits of new housing and higher densities and highlight the ways they improve the quality of the community at little or no cost to current residents. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 8 Industry Essentials. Innovation and infill must be attractive strategies for builders through which they can achieve superior financial results. Essential #3: Make innovative housing the preferred choice for builders Because innovative housing carries higher risks, local governments must take action to offset or mitigate those risks so that builders find that building innovative housing is a more attractive business proposition than building more conventional products. Why it matters Developing housing on a parcel of land involves a long series of choices, each of which will affect the financial success the builder will achieve with the project. For infill projects, the underlying zoning of the property and the local development standards provide a set of parameters. The builder must decide how to operate within those parameters or whether to try to change them. During this decision process the builder will face choices that offer opportunities for innovation. But since most zoning encourages relatively conventional approaches, most builders will lean that way. So the only way innovation will happen is if builders find that the innovative product will have better financial outcomes than the more conventional product. Financial outcomes will drive decisions since even the most adventurous builder must get their project past the bankers. The key element in the builder's willingness to innovate is the level of risk. Real estate development is always a risky undertaking, with its huge commitments of capital, long timeframes, vulnerability to economic cycles and intense competition. Already facing these inherent risks which they cannot control, developers and builders work to minimize the risks that they can control. They look for ways to leverage their experience and build on previous market successes. In other words, risk minimization and innovation do not go well together. To make matters worse, local governments often have difficulty accommodating innovative projects. Staff unfamiliarity, the need for public involvement, code changes or exceptions and the threat of litigation all make it much more difficult to get an innovative project approved and underway. (see Essential #10) What it means Local governments can do some things to address the market risks of innovative housing developments. They can do even more to smooth the approval process so that the innovative alternative becomes the preferred one for the builder. To make innovation the preferred choice for the builder, local governments should address: Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 9 Market reality of plans. Most comprehensive plans contain some elements that encourage innovative housing and higher densities. But often the products suggested do not fit market need and, therefore, will not get built. Innovative housing can push the envelope, but cannot stray too far out of current market reality. (See Essential #6) Zoning for mid -level densities. The segment of the housing market seeing the greatest innovation is in the mid -level of density, between 10 and 20 units per acre. This is the range for cottage housing, small lots, auto courts, townhouses and similar products that meet the growing demand of empty nesters and other small households. Innovation in infill settings. Much of the dramatic innovation in housing has taken place in master planned communities where the developer has significant control over land use. Builders find it more difficult to innovate on infill parcels with established zoning. (See Essential #9) Regulators flying in the dark. Innovative housing, by definition, does not fit existing regulatory frameworks, making it difficult for agencies to process permits in a timely way. (See Essential #10) Development standards. Development standards, such as road widths, parking ratios, heights, separations etc, are based on conventional development patterns and must be adapted to fit innovative developments. (See Essential #9) Public process. When it comes to infill development, "the devil you know is better than the devil you don't know." Neighbors will tend to be skeptical of innovation and will favor development that imitates the surrounding neighborhood. How to do it Plan and zone for realistic innovation. Through market studies (see Essential #6) planners can identify mid -density, innovative housing types that will meet a market need, then accommodate them through comprehensive plans, zoning and development standards. Allow innovative housing types outright. A city that has made a commitment to innovative housing should allow some types outright, or through a simple process such as administrative conditional use. For many builders, the risk and added cost of gaining exceptions to existing zoning will outweigh the profitability of the innovative option. (See Essential #10) Adjust expensive development standards. The cost of developing innovative housing can be lowered by changing development standards, particularly those dictating access and parking requirements (See Essential #9) Staff support and training. The jurisdiction should foster among permitting staff greater understanding of the goals of housing innovation and provide the training necessary to ensure smooth permit processing. (See Essential #10) Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 10 Responsibilities Local government. Cities and counties have primary responsibility for changing the regulatory climate for housing innovation. Special districts may also need to adjust their development standards to accommodate innovation. In both cases, change must start at the top, with elected leaders embracing housing innovation and sending powerful signals to their staff and the building industry that the jurisdiction welcomes high quality innovative housing and wants to work with the industry to get outside the box of conventional development. Housing industry. Builders need to help local governments understand the process through which they make choices about product types, and what variables will lead them to make different choices. The industry should promote high quality in innovative developments and work with local governments to ensure that development standards promote cost-effective quality. Essential #4: Make infill housing a profitable business Although some builders are having success with infill and redevelopment, it must become a more profitable business for the bulk of the single family industry which is still working on the periphery. Why it matters Most builders, especially the large ones, are relatively foot -loose, conducting their business wherever they can have the most success. They have a set amount of capital, borrowing ability, time and staff, and need to put those resources to the best use. For builders to embrace infill it must be a better business proposition than working on the periphery. Land prices and development costs in East King County, South Snohomish County and some of South King County are making it increasingly difficult to produce mid -market products (say, $250,000 to $300,000) to meet the bulk of demand for new construction. Under growth management theory, these builders should be moving into the infill markets of neglected areas of King County. They are not, however, shifting in great numbers. According to the King County Buildable Lands and Benchmark studies, all of Southwest King County averaged 270 new single family houses per year in the late 1990s. This is fewer new houses than built in either Maple Valley or Covington in a single year. But the real action is shifting to adjacent counties. In Pierce County from 1998 to 2002, builders sold over 17,000 new homes, about two -and -a -half times the number needed to accommodate job growth in the county. In Snohomish County in the same period, builders sold nearly 14,000 new homes, while employment fell by over 12,000 jobs. So, as builders are being squeezed by land prices in the peripheral areas of King County, they are not heading to the lower cost infill opportunities of Southwest King County, but rather to the greenfields of Pierce and Snohomish Counties, and even to Thurston County. This has major implications for transportation as people commute from ever -further distances. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 11 What it means Builders shy away from infill development for a number of reasons. Higher development cost. While infill may lead to savings on the public side, through use of existing infrastructure and services, development costs for the private sector are usually higher. Builders must pay for demolition and often deal with site contamination (about half of the capacity for single family housing in King County is on property listed as redevelopable, meaning something must be demolished). They must protect adjacent properties from excavation and other impacts. Existing roads and utilities must often be retrofitted or replaced, which is more costly than building new ones in greenfields. Soft costs for marketing, legal, engineering and planning are often similar for large and small developments, so small projects have fewer lots to spread those costs to. Fewer economies of scale. In recent years builders have made great strides in driving down construction costs in order to deliver more value to the buyer. Most of their techniques, however, rely on efficiencies gained through economies of scale. With a large development the builder can crank up their marketing to generate presales, then line up all the contractors and subcontractors who move smoothly from one pre -sold house to the next. These techniques do not work as well on small infill projects. Marketing challenges. When buyers look for a brand new home, they usually expect to be in a brand new neighborhood. Very small infill projects have a difficult time creating that sense of a cohesive new community. Buyers may not be as willing to pay the premium for new construction if it feels like an isolated island in an old neighborhood. (See Essential #5) Local opposition. Parcels that have been vacant in a neighborhood for a long time become de facto community open space. Neighbors will not take kindly to a builder who wants to bulldoze what they see as a local park and they can throw up time consuming, costly obstacles to development. How to do it Demand clearly exists for new housing in close -in communities, so the question is how to get builders interested in meeting that demand and making use of available infill parcels. Steps could include: Area -wide environmental review. This has been done in some areas, and should be more widespread. If the impacts of development of an infill parcel have been identified ahead of time, the developer can avoid most project -specific review. Land assembly and acquisition. Local governments can assemble land into parcels large enough to attract developers and create a better sense of community. Cities can acquire surplus land from school districts and other governmental agencies and make that land available for housing development. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 12 Rebuild infrastructure. Cities can retrofit and rebuild roads and utilities so the costs are not borne by development. Encourage community -oriented site planning. With careful site planning even a relatively small infill development can achieve a sense of community and avoid feeling like an isolated island in an older neighborhood. Higher densities and clustering may require changes to codes and development standards (see Essentials #3, #9) Responsibilities Local government. Local governments will have primary responsibility for strategies to lure homebuilders to infill opportunities. This will be far easier if progress has been made on Essentials #1 and #2, and there is community support for infill development. Housing industry. Although larger builders may begin to take more advantage of infill sites, this will likely remain the province of smaller and medium-sized builders with local knowledge. These builders should establish good working relationships with cities, through which they can help identify infill opportunities and the steps needed to make them happen. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 13 Market Essentials. Innovative housing on infill sites must meet an identified market need and be able to attract buyers and renters. Essential #5: Help new housing fit well into old neighborhoods A neighborhood is like an ecosystem, with a "character" defined by a complex web of interactions within the neighborhood, and between the neighborhood and the region. Introducing new housing must be done with care to ensure that both the neighborhood and the new transplants thrive. Why it matters The problem of fitting new housing into existing neighborhoods cuts both ways. The neighborhood has to accept the new residents and prospective new residents have to accept the neighborhood. Neighborhood acceptance of infill is covered in Essential #1 and #2. Market acceptance of infill is quite another matter. For at least the past 50 years, few neighborhoods have filled in gradually. Most have been laid out by land development companies in large subdivisions, with homebuilders following closely behind with new houses. So most neighborhoods have been coherent wholes physically from their beginning, with their "character" evolving through the residents. For a variety of reasons, isolated parcels have been left vacant or underdeveloped, but to jump into the middle of established neighborhoods and build brand new housing comes with some marketing challenges. Key issues include: Creating community. The concept of neighborhood and community is central to the marketing of new homes. A homebuilder's website begins by introducing and describing the communities they have created, and then describing the homes themselves. Rather than showing pictures of houses, the site will begin with pictures of the target demographic: families, singles, active adults, grandparents etc. Sometimes the houses themselves seem almost secondary. To define a new community, builders look at demographics, economics and industry activity to identify demand for various types of products. Having identified a product type that will meet demand in a particular setting, they then look at the specific demographic groups in their target market to decide how exactly to configure the site and the units. Thus, a builder can shape the look and feel of an entirely new neighborhood based on the preferences of the target market. In smaller infill projects this process is much more difficult. Rather than defining the character of a new neighborhood to fit the target market, the builder inherits the character of the existing neighborhood and must fit the marketing plan to that character. The characteristics of the existing neighborhood that the builder must work with include the current and projected demographics, zoning, quality and style of the housing stock, schools, public spaces and retail. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 14 Demographics and zoning. Sophisticated builders target demographic groups when they plan out a project. In many areas ripe for infill, the current demographics are older, with fewer children, making them less attractive for young families. The logical approach would be to build housing types that will attract the empty nesters and seniors who will feel at home in the neighborhood. But this will be difficult if the existing zoning calls for large lot, family oriented housing. Home values. Newly constructed homes will always sell for more than comparable existing homes, but the gap cannot get too far out of line, especially if the neighborhood is perceived as relatively stable. So if a new home is considered part of an older neighborhood, the builder will be constrained in the price the house can command. As an example, a builder may find that a new home can sell for 30 percent more than the existing homes in the area. In a neighborhood of older houses selling for $180,000, the ceiling for new homes will be around $235,000. What it means If an infill site is too small to allow a project to distinguish itself from its surroundings and create its own identity, a builder will need the flexibility to fit the project to the current market conditions in the surrounding neighborhoods. The two key elements in creating a marketable project are: Demographics. New housing should be appropriate for the people who would want to live in the neighborhood. If there is a strong market for child -oriented housing, then pre-existing large lot zoning could be fine. If, however, the neighborhood seems more attractive to singles, empty - nesters or retirees, then other products with higher densities might work better. An important role for innovative infill is to help satisfy the demand from move -down buyers from the neighborhood who want to trade in their older large lot house for a new, smaller living space. This is the ultimate demographic congruence: build housing for people who currently live just down the street. Value. As neighborhoods age, the gap between the price of new construction and existing housing widens. Building and development code requirements limit just how cheap a builder can go. But the market also limits how big a premium people will pay for new construction. So, when the price gap exceeds the acceptable new -construction premium, builders will not do projects. A way out of this trap is to allow builders to lower their costs by allowing higher density projects. Figure 2 shows two development scenarios for a 2/3 acre parcel of land studied by Threshold Housing for a demonstration project in SeaTac. Going from four units to seven units (a density of 6 units/acre up to 10 units/acre) allows the builder to bring the finished lot price down by nearly 40 percent. If this allows houses to be sold at a price that more closely matches the resale market in the area, the higher density project will get built, but the project based on existing zoning will not. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 15 �• A Figure 2. Alternative land development scenarios for a 30,000 square foot site purchased for $165,000 (including house to be demolished) Cost Per Lot Cost Per Lot at 4 units at 7 units Land Purchase 41,250 23,571 Interest & taxes 4,012 2,293 Consulting services 9,382 5,361 Demolition & Site Work 22,514 12,865 Erosion Control 2,540 1,451 Stormwater 31,790 18,936 Sewer 9,382 5,991 Water 11,087 7,048 Road Improvements 18,540 10,594 Franchise Utilities 9,917 9,916 Development cost per lot $160,414 $98,028 How to do it Local governments need to understand that infill development will not result in homes just like the ones in the neighborhood. Times and tastes change. The key is allowing builders to develop projects in small infill settings that are themselves coherent mini -neighborhoods, and also fit into the surroundings. The best way to accomplish this is permitting small lots, clustering, townhouses and other building types that allow a development to reach a critical mass of units, and give those units a strong relationship to one another. Threshold Housing's SeaTac demonstration project is a good example. The seven -unit plan, shown in Figure 3, clusters the homes around a common green, with a narrow loop road and parking in the rear. The houses themselves would be of similar size to those in the existing neighborhood, but have a strong relationship to each other. The more conventional four -unit configuration, conforming to current zoning and development standards, is shown in Figure 4. The zoning would allow four units on the 0.7 acres, and the logical access would be a central road with a cul-de-sac. The central road weakens the homes' relationship to each other, as does the emphasis on back yards. If a spec builder did the project, the homes would have to be larger and higher priced to match the land development costs (as shown in Figure 2). If the lots were sold to individuals, almost anything could get built. The seven -unit project is higher density than the zoning would allow, but it solves several marketing problems. First, the clustering provides a sense of cohesion. Second, the units would be appropriate for several demographic groups that would find the neighborhood attractive. Third, the prices would more closely match those prevailing in the area. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 16 Figure 3 Responsibilities Figure 4 Local government. Local governments should undertake market studies (see Essential # 6) to understand what market segments would find infill settings in their community attractive. They then need to work with builders on necessary changes to plans, zoning and development standards to allow projects to be built that meet that demand (See Essential #9) Housing Industry. Builders should work closely with local governments to help them identify regulatory changes and investments that would improve the marketability of infill sites and ensure that those sites receive quality development. Essential #6: Identify market demand and plan to meet it The for -profit housing industry is driven completely by demand. "Build it and they will come" does not work. Local governments need to understand the demand in their communities and adjust their plans to accommodate that demand. Why it matters In every part of the housing industry builders will produce only that which they have a high degree of certainty will be bought or rented in a short timeframe. Local and regional planning plays only a regulatory role in this process: plans define what builders can and cannot do, but provide little guidance about what they should do within the envelopes they are given. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 17 The Growth Management Act requires counties to accommodate population, and counties, in turn allocate this population to various jurisdictions. This exercise, however, does not tell the housing industry anything very useful. People live in specific types of homes, not in "units." Builders meet the needs of households of all shapes and sizes and incomes, rather than just accommodating bodies. If plans happen to be consistent with market demand, then the plan will be accomplished. But if they are not consistent, the needs, desires and resources of customers will win every time. Data emerging from the first ten years of growth management show the result of inconsistencies between plans and markets. Half way into a 20-year planning horizon, King County as a whole had met just about 50 percent of its target. But looking at individual jurisdictions, they range from four percent of target to nearly 150 percent. Similarly, the total for housing in the twelve designated urban centers tracks closely with the target, but almost all of that development has taken place in four centers, with eight having seen little or no housing growth. Local governments simply do not have powers of coercion or incentive sufficient to cause major shifts in housing demand patterns. Plans that do not recognize market demand risk going unfulfilled. While this situation may be politically attractive for slow -growth constituencies, it fails to meet the obligations of local governments to provide the housing necessary to meet growth projections (See Essential #1). What it means Since every household needs exactly one housing unit, overall demand is driven by household formation. This, in turn, is driven by two factors, each of which, over time, accounts for about half of new households in Washington: In -migration. The movement of people is a factor both at a regional and local level. The relative strength of the economy will make the region attractive to people from elsewhere, although some will move here for less tangible reasons. Within the region, people will move to be closer to jobs, to find a more attractive neighborhood or to find a house they can afford. New household formation. Young people form new households as they move out from their parents' homes, from group situations or college. A divorce will often result in creation of a new household, at least for some period of time. Households can disappear also, through marriage, partnering, group formation, or moving in with relatives. Each household that enters the marketplace, in turn, expresses itself through a series of values and needs. Among them: Location. Proximity to jobs, retail, entertainment, healthcare, and services, as well as the quality of schools, safety and value are big features here. Also, while some people want a mixed neighborhood, others want to live in an area that emphasizes some demographic, whether that be families with children, single adults or seniors. Some people want the excitement of urban centers, while others seek the quiet of single family neighborhoods. And all homebuyers want locations that offer good long term investments. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 18 Affordability and value. Housing values are typically better on the periphery and farther from major job centers. Some buyers will endure a longer commute time to get a larger, higher quality house and/or a larger lot for their money. Size and configuration. Buyers and renters want choices that will allow them to meet their lifestyle needs while not paying for unwanted space or luxury. Number of bedrooms, bathrooms and garage spaces come into play. As space shrinks, buyers pay particular attention to the size and layout of family and formal spaces. Some buyers are fine with vinyl and laminate, while others demand marble and granite. Outside, the unit can be a flat or townhouse, or it can be on a lot ranging from as low as 2,000 square feet up to a quarter acre. Stairways become an increasingly important consideration as the population ages. Many retirees and empty nesters looking for a new home for the long term will want single story houses or buildings with elevators. Figures 5 and 6 show two successful developments in the same market area, with the same density (about 20 units/acre), similar unit size and price. The difference, however, is stairs. Residents of the townhouses in Figure 5 will need to use stairs often, whereas residents of the "six-pac" condominiums in Figure 6 will live entirely on one level. The successful builder knows how to put together combinations of location, configuration and value in order to meet the needs and desires of identifiable customers. The smart builder also knows that, even in the hottest market, buyers and renters have choices. Figure 5 How to do it Figure 6 Homebuilders use market research to decide what to build on a specific site or in a large masterplanned community. Local governments can use the same techniques to get a sense of what types of housing would meet demand in their community. Several cities in the region have done such studies, and the Economic Development Council of Seattle and King County commissioned a study that covered 13 cities in King County. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 19 The city, along with representatives of the homebuilding and residential real estate industries, can use these projections to help determine two things: Demand that cannot be met. What parts of the identified demand cannot be satisfied under the city's current comprehensive plans, zoning, regulations and development standards? Plan features for which there is no demand. What sorts of housing called for in the city's comprehensive plan cannot be tied to identifiable demand? With this research in hand, the city should revisit the housing elements of its comprehensive plan to ensure that they will promote housing development that meets both the vision of the city and the needs of identifiable future residents. Responsibilities Local government and the housing industry. The market study should be commissioned by the city with the close cooperation of homebuilders and real estate professionals familiar with the market area. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 20 Design Essentials. Using infill sites to meet the needs of emerging market segments requires different approaches to site and home design. Essential #7: Design sites for livability and functionality To achieve both livability and functionality, higher density infill sites must be designed with great care and imagination. The old rules of subdivisions do not apply. Why it matters When laying out the site for a large, conventional subdivision, planners and engineers have a great deal of latitude. They have lots of land to work with and can use the natural features and topography as a starting point. They can configure roads to provide ample parking and efficient underground utility layouts. Unusable pieces of land can become community open space, and less attractive low-lying areas become stormwater detention ponds. Laying out a high density infill development, on the other hand, introduces constraints at every turn. Trying to meet development standards intended for large conventional subdivisions can result in inefficient use of land and unappealing layouts with more pavement than anything else. Just shrinking lot sizes without paying attention to building relationships and open space will severely affect livability. Good site design also affects the degree to which the new development fits harmoniously with the existing development. A well designed infill site complements the surrounding neighborhood while establishing its own distinct sense of place. (See Essential #5) A poorly designed infill site, by contrast, becomes an awkward appendage with no internal coherence and no connection to its surroundings. Site planning on infill parcels begins with the recognition of the market for the units. People who live in compact infill developments have made a choice to get away from the large yards and spacious layouts of conventional subdivisions. They will accept a closer relationship with their neighbors and will trade private space for public space. They will likely own fewer cars. Promoting innovative site design can also be a defensive strategy for a community. A risk in holding infill to the existing zoning and development standards is that the resulting development will be haphazard and unattractive. In lower priced markets a handful of lots from a short plat are more likely to be sold to individuals than to spec homebuilders, and those individuals will build whatever they can afford, without regard to how it fits into the neighborhood. Individuals do not face the same financing constraints as spec builders, and can put an inexpensive house on a relatively expensive lot. It is not uncommon to see a scattering of manufactured homes in the middle of a neighborhood of 1950s era ramblers. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 21 What it means Elements of site design that must be considered carefully include: Density and lot size. Development of many infill sites, especially smaller ones, will be more successful at higher densities. (See Essentials #3, #4, #5) Creative site planning does, however, get away from specific lot sizes. Clustering and the emphasis on common open space and common area maintenance leads to very small lot sizes and larger common areas (See Figure 3) Access Site planning usually begins with the question of how cars, pedestrians and especially emergency vehicles will get to each unit. The conventional layout of front -loaded garages on wide roads ending in cul-de-sacs is functional and economical, but in its shrunken form is awkward. Two alternatives, alleys and auto courts, move garage entrances off the main streetscape. (See Figures 7 and 8) Parking. Conventional subdivisions provide ample exterior parking on driveway aprons and at the curbs of wide streets. Small lot and townhouse developments lose most of this parking. Parking may be prohibited on narrow streets, so separate guest parking areas must be established. Private open space. Site design must ensure that small private open spaces are truly private. One solution places private decks or patios between units (with use easements) with windows minimized on the neighbor's unit. Public open space. In compact infill development the best use of open space is often to pull most of it into one large common space. This can be done by clustering the units or moving them to the edge of the property. Access and parking shift to the rear or, in the case of some cottage housing developments, away from the units. (See Figure 9) Separations and setbacks. The application of large setbacks often results in the creation of space that has little use. Useless space can perhaps be justified on a large lot where it acts as a buffer, but not within a compact infill development where every square foot counts. When units are already quite close together, being another two feet closer will not affect the functionality of the unit, while adding the two feet from each unit to common open space will make a difference in the livability of the entire project. Separations and setbacks can be reduced to the minimum required for life -safety and maneuverability of vehicles. How to do it Most jurisdictions have development standards that preclude the kinds of innovative site design elements that make compact developments livable and functional. Those codes need to be adjusted. (See Essential #9). Before diving into a code rewrite, however, cities should: Examine successes. An impressive array of examples of innovative site design have emerged in the region over the past 15 years or so. These developments, ranging from small infill sites to elements of large masterplanned communities, provide excellent illustrations of what works. Developers can see that the projects were financially successful, while local officials can see how they have resulted in popular, livable communities with rising home values. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 22 a;r � ed at garages ;rving four garages of front porches Autocourts move garages off and create a semi -private ed open space. Attaching units s improves privacy Detached units with garages on alley Alley Streetscape of front porches Figure 8. Alleys allow two -car garages on narrow lots with a streetscape featuring front porches instead of garage doors Nine space garage on alley with three carriage units on top Detached units, each owning one space in garage. Courtyard. Streetscape with courtyard entrance gazebo. Figure 9. By separating parking from units and moving it to the alley, this nine - unit project gains a central courtyard from land that otherwise would have been used for garage access. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 23 Understand local conditions. Just as market preferences vary across the region, site design elements will vary. Local jurisdictions should work with local builders to understand what features of site design are important in their market. Code changes that would be helpful in one market may be harmful in another. Manage internal politics. Important features of site design are overseen by different functional areas of local government. Planning departments look at overall design concepts, public works departments govern street standards, utility placements and stormwater systems, while fire departments have strict standards for access. Managing code rewrites involving all these players requires strong leadership from mayors, city managers and city councils. (See Essential #9) Responsibilities Local government. Local jurisdictions will be responsible for rewriting development codes. This will involve several city departments. In cases where utility or fire districts operate within cities, these governmental units must become involved. (See Essentials #9 and #10) Housing industry. The housing industry, especially those consultants involved in marketing, design and site engineering, must work closely with local governments to help them develop standards that provide incentives for attractive, innovative site design. Essential #8: Put aside old stock plans and start over House plans intended for large conventional subdivisions will not work well in infill and higher density settings. Builders should use new designs intended for the different look, feel and functionality of infill developments. Why it matters A builders first instinct often is to use plans that have worked well in the past. Much of success in the homebuilding industry comes from leveraging experience and repeating efforts that got positive results. Customer tastes and preferences change slowly, so a design that proved popular last year will likely prove popular again. Moreover, experience with a design makes it easier to estimate construction costs and timeframes and to price the product correctly. When moving to small lot and infill situations, however, this temptation should be resisted. Houses designed for larger lots and to be surrounded by similar houses cannot always be placed gracefully in infill settings, especially on smaller lots. The scale will usually be out of proportion to existing homes in the neighborhood, and many contemporary design features will seem jarring when seen in older surroundings. Additionally, the market for infill homes will often not be the same as the market for homes in subdivisions on the periphery (see Essentials #5 and #6), so the homes should have functional differences. Buyers from the empty-nester/retiree market will want to use spaces differently Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 24 from the child -oriented move -up buyer on the periphery. Because of the higher cost of infill development, builders may need to strip out some expensive design features they can offer in outlying areas. What it means Creating house designs that will fit well into infill settings does not mean just imitating the surroundings. Some local vernacular is not worth copying! Builders should, however, pay attention to some important design considerations: Quantity vs. quality of space. In the middle range of the market, quality and quantity of space can be traded off. Figure 10 shows where various housing types might be found. The circled types tend to be the most promising candidates for infill in existing neighborhoods, and thorough market research will show which of them will work best in a given area. Quality of Space City mansions High rise Luxury Gold Coast, Luxury apartment/ townhouse country estates condo Mid rise apartment /condo Single Cottage family — housing move -up Entry level Urban townhouse walk-up Single family apartment 6 pac condo small lot /condo Suburban walk-up apartment/ Moderate condo income single -uv✓ income family Low income families — singles -- SRO Plain attached & detached Small Large Quantity of Space Figure 10 Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 25 Garages. Front -loaded garages are very efficient, but often not very attractive. As lots and houses become narrower, the "wall of garage doors" becomes even more noticeable. With townhouses, garage doors can dominate the entire ground floor. If other access options (see Essential # 7) cannot be used and the development must have front -loading, one solution is incorporate tandem parking (two cars, front -to back behind a single garage door). See Figure 12. Market acceptance of tandem parking varies, but builders should consider it. Figure 11. Tandem parking lessens the visual impact of the garage on a narrow lot Privacy. Research has shown that privacy is a very important value when selecting a home. As homes become closer together this becomes an even bigger concern. A house cannot be considered in isolation, but must be designed in relation to the houses on all sides. Placement of windows should acknowledge what can be seen from them and into them. Patios and decks should offer some measure of privacy if, in fact, they are intended as private open space. Where private spaces join public spaces there should be an obvious dividing line, such as a change in elevation, a fence or plantings. Bedrooms and bathrooms. The number of bedrooms and bathrooms depends entirely on the target market. Young families and extended families will place a premium on the number of private spaces, and so will want more bedrooms, even if they are small. Empty nesters and seniors may opt for fewer, larger bedrooms. rev, ri I T• • row Design practices have already begun to change. A growing number of successful infill and small lot developments provide builders with examples of good design. As architects in the region become more familiar with the challenges of infill and small lots, they can produce designs applicable to these settings. Market researchers now have over a decade of experience to guide builders toward meeting the needs of various market segments within the constraints of infill sites. The bigger challenge is for local governments to resist the temptation to legislate design in order to promote certain specific outcomes. A successful development represents a combination of location, market, design and site. These variables will not all be replicated identically anywhere, so expecting builders to replicate a specific development is not realistic. Local governments should be very cautious about extending regulation beyond the usual building envelope defined by zoning. Prescriptive design requirements frustrate builders and can lead to perverse results. A carefully -circumscribed administrative design review process allows for Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 26 input into site design, but even this should not be used to dictate the design of individual detached units. Responsibilities Local government. Local governments need to work with the building industry to develop a sensible regulatory framework that promotes good design while not imposing additional costs (see Essentials #9 and #10). Housing industry. Builders need to take responsibility for using appropriate designs for infill and higher density settings. Since this is the wave of the future, builders will have to adjust their business practices eventually, so they should explore new designs at the earliest opportunity. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 27 Regulatory Essentials. Making the best use of infill sites requires flexible regulations and cooperative processes, backed by committed leadership and staff. Essential #9: Write new development codes that promote good site and home design Most approaches to housing innovation are difficult or impossible under current zoning and development codes that underlie infill sites. Jurisdictions need to write new codes that clearly outline how builders can achieve GMA density goals and make the best use of infill opportunities. Why it matters Zoning and development codes in most jurisdictions promote two kinds of housing: low density single family neighborhoods and moderate -to -high density multi -family complexes. The innovative housing that will help jurisdictions meet changing market needs and GMA goals, however, lies between these two extremes (see Figure 1), and existing codes discourage or prohibit it. Examples of innovative housing can be found across the region, but few were built as outright permitted uses under existing codes. Most market rate innovative housing in the region has come from two sources: demonstration projects that provided one-time exceptions to codes, and large subdivisions and masterplanned communities where developers can afford to undertake major land use changes. For innovation to flourish within the for -profit market in small infill settings with existing zoning, alternative housing types need to be clearly spelled out in broadly applicable regulations. Getting codes to encourage innovation in infill housing requires not just a tweak here or there, but rather some very different approaches to regulation. Because each site is unique, good infill development requires the flexibility to allow creative solutions. This means regulations will be less prescriptive and more performance based. This, in turn, will require new processes that promote both of the sometimes contradictory objectives of flexibility and predictability. (See Essential #10) Because there is less wiggle room in higher density infill development, contradictions and inconsistencies in codes and development standards become much more glaring. Even though codes and standards may be administered by different parts of local government, they cannot be drafted in isolation from one another with no consideration of their impacts. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 28 What it means New codes to encourage infill and higher density development begin by changing a basic assumption about land. Most current codes assume that a proposed development has ample land to dedicate to lot size, setbacks, rights of way and parking, so they provide generously for these features. Successful infill development, on the other hand, tries to make the most efficient use of land, allowing each use only as much land as it absolutely needs. To move toward a different approach to land, local governments need to address: Density and lot sizes. Most infill parcels will fall under the underlying zoning that applies to their surroundings, and that zoning will define densities, lot sizes or both. New codes should provide opportunities to develop higher density projects that are consistent with community goals. Zoning or special classifications for these projects can define density but should avoid minimum lot sizes so as to encourage creative site design. Density limits should be set to encourage the housing types identified in market studies for the area. (See Essential # 6) Setbacks, separations and heights.. Setbacks and separations should be minimized to allow the site plan to maximize community open space. Units will likely have either a front or rear yard, but perhaps not both. Jurisdictions should avoid cutting back heights or imposing upper floor area limitations, since these restrictions inhibit the builder from making the most of a small footprint. Access and rights of way. To make the most of infill sites, most jurisdictions will need to completely re -think the size and layout of streets and sidewalks, and the placement of driveways and parking. (See Essentials #7) These developments can work very well with narrower roads and creative pedestrian facilities. Public open space can eliminate the need for planting strips. Fire departments need to consider alternatives to large cul-de-sacs for maneuvering equipment. Parking. In higher density projects parking becomes a major issue. More than in conventional subdivisions, parking is directly traded off with open space. The need for guest parking does not go away, but it cannot necessarily be placed on driveway aprons or on -street. Planners should consider the market for infill developments when setting parking requirements. As an example of the new thinking that must accompany new codes, consider the "Thanksgiving problem." Rather than setting parking requirements to meet the needs of large numbers of guests on just a few days of the year such as Thanksgiving, jurisdictions should consider allowing off - site parking arrangements as a way to meet high parking demand that occurs very infrequently. How to do it Code development is never an easy process. For it to succeed in encouraging innovative housing in infill settings, the code rewrite should feature: Leadership from the top. Code development will involve multiple departments within a jurisdiction, so for the process to run smoothly, it must have strong leadership from the Council, Planning Commission, Mayor and/or city manager. Requiring departments to resolve conflicts among themselves can yield sub -optimal results. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 29 Focus on economics. Changing just one code feature or another may not alter the economics of a project at all, and, in fact, might make it worse. To encourage a certain type of housing the code development process needs to address all of the variables that go into making such development pencil out. Focus on the market. Code development efforts should give priority to housing types that have the highest likelihood of meeting an identified need, and, therefore, getting built. Participants should avoid letting their own personal preferences influence their interpretation of market forces. Even if a certain product seems unattractive to decisionmakers, it must be attractive to someone if builders say they want to develop it. Focus on performance. Codes for infill should use a performance -based approach that allows the builder the flexibility to make the best use of the site. Performance goals must assume the commercial feasibility of the project and aim to maximize housing production and promote affordability. Clarity of goals and parameters. Flexibility should be allowed within a clearly defined set of community goals and planning parameters. The builder should have significant discretion about what to do within an envelope, but should have no questions about what the outer edges of the envelope look like and what it takes to change them. Consistency among jurisdictions. Development of new codes for innovative infill should not provide an opportunity for further inconsistencies among codes throughout the region. Codes should be as similar as possible, especially within market areas where similar projects could be built in several cities. Responsibilities State government. In many cases, local codes are written in response to state regulations. The state should look for code changes that will foster innovative infill, and look for opportunities to bring consistency to local code development efforts. Local government. While each jurisdiction will be responsible for its own codes, they should work together to develop common approaches that will serve as starting points. Cities will need to work closely with utility and fire districts. Counties should ensure that codes in annexation areas are consistent with those in adjacent cities. Housing industry. The housing industry must take an active role in the code development process. It will take more than just token participation by builders, bankers, architects and realtors for local officials to gain a sophisticated grasp of how code changes can encourage certain types of development. Experts representing various important niches of the market should participate. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 30 Essential #10: Develop processes that promote rather than penalize innovation and infill By requiring innovative projects to jump through far more hoops than conventional projects, local governments may be discouraging rather than encouraging innovation. An experienced builder should find that the costs of permitting an innovative project do not cancel out the financial benefit of innovation. Why it matters Most permitting agencies are set up to process applications that meet a long list of land use and building code requirements. The agency evaluates the plans against codes and sets forth any required changes before issuing a permit. In many jurisdictions, applications are handed sequentially from one functional area to another, with separate evaluations for land use, sensitive areas, roads, utilities, stormwater, buildings, etc. This type of processing does not encourage innovation and penalizes projects that do not follow codes exactly. It is much easier to measure a feature, such as road width, against a specific code requirement than to determine if the overall road layout of an entire subdivision will function according to a performance standard. As a result, innovative projects tend to take longer to process and require more up -front costs. For large projects, the additional time and trouble is worth it, and the costs can be spread over a large number of units. For small, infill projects, however, the added time and cost become much larger factors and can make the difference between taking the innovative option versus the more conventional option. (see Essential # 3) Most of the housing innovation in the region has come through either large development companies or non-profit developers, both of which have staff that can participate in extensive public processes. But for innovative infill to flourish it must become attractive to small and medium sized builders, and these firms cannot withstand open-ended timeframes and do not have the resources to staff extensive processes. What it means To avoid discouraging innovative developments, processes should feature: Outright zoning. Ideally, innovative housing types would be allowed outright as part of zoning and development codes. This may come through actual rezones of areas that would be suitable for higher density infill projects, or through a "floating zone" or an overlay that allows certain types of projects under defined circumstances. If an innovative project is allowed under the zoning code or is determined to be allowed under an overlay, processing would not be substantially different from any other project. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 31 Conditional use. Under conditional use, the underlying zoning remains in place, but alternative uses are allowed if they meet certain conditions. These conditions should be clear, simple and objective, and the process to determine if the project meets them should be administrative. Incentives and bonuses. If an innovative use cannot be allowed outright or by simple conditional use, and will be subject to more extensive processes, the cost can be mitigated by offering bonuses or incentives that enhance the economics of the project. Reasonable thresholds. Small infill projects tend to have a minimal impact on established neighborhoods and should not be subject to the same requirements as large projects that will cast a bigger shadow. The allowed SEPA threshold of 20 units can serve as a reasonable starting point for determining other process thresholds. Two track process. Jurisdictions using performance -based codes for innovative projects should have two separate tracks for processing applications. One track addresses projects that follow existing codes, and it should feature fast, predictable processing. Another track addresses applications under performance -based codes and that require interpretation and discretion. Under the performance -based track, timeframes cannot be as predictable, but the outcome will be worth it to the builder. How to do it Like code reviews, changes to permit processes require strong leadership from the top. If a jurisdiction has made a commitment to meeting its GMA goals through housing innovation (see Essential # 1) that sense of priority must become part of the internal culture of the permitting agency. Attitude is extremely important when dealing with unusual applications that involve interpretation and discretion. A jurisdiction set up to embrace innovation will have: Dedicated project managers . With unique projects, one individual should be assigned to ensure that the processing of the application moves smoothly through all departments. This project manager should have sufficient authority to make sure the city's priorities for innovative housing are honored among all departments. Trained and dedicated staff. Jurisdictions using performance -based codes for innovative infill projects should ensure that certain staff receive training in reviewing those applications and that applications are routed to those staff. Inter -departmental cooperation. Staff dealing with functional areas that intersect need mechanisms to work together to understand projects and arrive at the most creative solutions. Inter -jurisdictional cooperation. Separate special districts — water, sewer, fire — need to be part of the processing team from the beginning, and should be encouraged to adapt their own codes and requirements to promote innovative infill housing. Open communication with applicant. Applications for unusual projects are more likely to have minor problems. Permit staff should be able to resolve minor errors and omissions in the application outside of the formal correction process. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 32 Responsibilities Local government. Like code drafting, processing changes are primarily the responsibility of local governments. They must begin with clear statements of policy from leadership that emphasize the importance of promoting innovative, high quality infill housing. From there the mayor or city manager can build internal cultures of departments and the interdepartmental cooperation needed for smooth processing of unusual applications. Housing industry. When submitting applications for unusual projects, developers and builders need to take extra care that materials are complete and clear. If the application seeks a performance -based evaluation, it should include sufficient research to indicate that it will meet the city's performance standards. Government and industry working together. Processing innovative infill projects requires more than the usual amount of interaction between the builder and staff, and will likely require some public process. These added layers of activity should be as efficient as possible, respecting the time of all involved. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 33 The final essential Recognize the magnitude of the challenge With the GMA requirement to fill in the spaces, we have bitten off a big mouthful. The development patterns that have characterized our region for the past 50 years — moving ever outward with low density residential and commercial development — have resulted in traffic congestion and many areas that are unattractive and inefficient. But we cannot ignore the fact that for most people, that pattern has worked well. We have gotten lots of inexpensive new housing with ample private and public spaces, while leaving existing neighborhoods alone to mature in their own particular way. The sprawl of one decade becomes the cherished neighborhood of the next decades. So when, as a matter of public policy, we decide to reverse this pattern, slow the outward growth and fill in the spaces left behind, we are messing with something that has benefited most residents in the region. People may not like the overall result of sprawl, but they sure like the policies that led to it. Residents of existing neighborhoods want those areas to be left alone, even when they seem undistinguished or even shabby. People moving to new areas on the periphery delight in their shiny new homes and neighborhoods, and set to work immediately to establish the formal and informal institutions that make community. This pattern has also worked very well for local governments and the housing industry. In established areas residents ask their local governments to protect their neighborhoods from change. On the periphery, where new development is more a fact of life, governments feel less pressure to stop it, and developers find a more receptive environment. On the periphery builders also find large undisturbed tracts of land they can work with economically to create new, cohesive neighborhoods. So, on the face of it, a shift toward infill development requires irrational behavior on the part of both local governments and the homebuilding industry. They are being asked to turn away from success and act in ways seemingly contrary to their interests in order to deal with a phenomenon — sprawl — that is, at best, a generalized concern. But local governments and the housing industry have no reason to act against their interests (perceived or real), so if we attempt to impose a new vision strictly through regulation, we will fail badly. The GMA does not have enough coercive power to compel local governments to accept types of development they really do not want, and it has no power at all to compel homebuilders to undertake non -economic projects. The result of failed strategies will be housing shortages, high prices and long commutes, a troublesome outcome with no natural feedback mechanism to correct it. Builders will just build fewer, more expensive homes or move to adjacent counties. From a political perspective, the people shut out of the market cannot be identified by anyone as voting constituents, leaving them disenfranchised. So how do we get out of this mess? We institute aggressive, market -tested infill strategies that employ innovative housing types at mid -level densities to serve emerging markets of small Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 34 households. The Ten Essentials point to the many places that governments and the housing industry will have to work together and make adjustments. In the public sphere, a fine line often separates leadership and political suicide. In the marketplace, another fine line separates the vanguard of the market and insolvency. The authors of the GMA may not have known it at the time, but the future of housing in our region will happen close to these lines. Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 35 Appendix A -- Examples of medium -density housing Following are examples of the sorts of medium -density housing that meet various market needs in infill settings. All of these projects have been built by medium to large commercial developers and have been financially successful. Most were built under exceptional planning or entitlement processes. Cottages at Poulsbo Place -- Poulsbo Density 12 du/acre Unit size 870 to 1265 sf ' No. of units 45 =' Price range $149,000 to $180,000 Builder Security Properties ' ! Year built 1999-2001 Greenbrier — Woodinville Lot size Average 2000 sf Unit size 1,181 to 1,800 sf No. of units 70 total, 50 market rate Price range $230,000, market rate units only Builder CamWest Development Year built 2002 to present Savannah -- Bellevue I t Lot size 4,000 sf Unit size 2,482 to 2,736 sf No. of units 20 Price range $324,000 to $380,000 Builder Pan Terra Homes Year built 1999 Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 36 Riverview, The Reserve -- Kent - Lot size 4,000 sf Unit size 1,250 to 1,724 sf No. of units 55 Price range $216,000 to $250,000 Builder Polygon Northwest Year built 2001 The Orchards, Cherrywood Lane -- Renton --- - Lot size 4,000 sf Unit size 1,415 to 2,049 sf No. of units 63 Price range $185,000 to $243,000 Builder Northward Development Year built 1998 Compass Pointe — Redmond Ridge Z odd Density 20 du/acre Unit size 1355 to 1788 sf No. of units 72 Price range $276,000 to $284,000 Builder Carino Homes Year built 2000 Taluswood -- Redmond r 'tl �F1t Density 23 du/acre Unit size 1100 to 1350 sf No. of units 85 Price range $214,000 to $250,000 Builder Mosaic Homes Year built 2000 Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 37 Appendix B — Demand for medium -density housing In 2002, The Economic Development Council of Seattle and King County commissioned a study of the five-year market demand for various types of housing in 13 cities in King County. The chart below shows the projected demand for the seven cities studied in South King County (Auburn, Kent, Federal Way, Renton, Tukwila, SeaTac, Burien) and the six cities studied in East King County (Kirkland, Bellevue, Redmond, Issaquah, Sammamish, Bothell). What is most striking about these projections is the heavy demand for housing in all markets in the range of 10-25 units per acre — the mid -level density described in this report. This includes small lot detached houses, townhouses and six-pac condominiums. Most jurisdictions, however, have very little land zoned for these densities. Instead, they have most of their housing capacity wrapped up in low density single family zones and high density urban centers. Housing Demand by Density in 13 King County Cities — 2002-2007 4,500 4,000 3,500 3.000 to 2,500 c Z 2,000 O 2 1,500 1,000 500 5 to 6 6 to 7 8 to 9 10 to 25 25 to 60 60+ Density -- Units per acre (Source: Economic Development Council of Seattle and King County) Filling in the Spaces: Ten Essentials for Successful Urban Infill Housing The Housing Partnership Page 38 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1001 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.15 AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES: AN ORDINANCE TO AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES OF ARTICLE XXII ARTS COUNCIL OF THE FAYETTEVILLE CODE 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 §33.341 Purpose of the Fayetteville Code by repealing all current language and enacting the replacement §33.341 as follows: §33.341 Purpose (A) The Fayetteville Arts Council shall be an advisory body to the City Council and administration dedicated to fostering growth and development of individuals, organizations, and projects that drive the cultural and creative economies of Fayetteville. (B) The Fayetteville Arts Council shall advise the City on marketing, cultural planning, workforce development, arts education, and allocation of resources for the arts. The Arts Council shall examine and advocate for diversity, equity and inclusion in this work. (C) For the purpose of this document, Public Art shall be defined as works of art in any media purchased with public funds, or that come into the public domain by any method, irrespective of its location or intended audience. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §33.342 Powers and Duties of the Fayetteville Code by repealing all current language and enacting the replacement §33.342 as follows: §33.342 Powers and Duties The Fayetteville Arts Council shall be specifically responsible for, but not be limited to, the following: (A) Review all City investments in public art and donations of public art accepted by the City. If the project is valued at more than $5,000.00 the Arts Council shall provide a written action recommendation to the City within thirty days. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 File Number: 2020-1001 (B) Assist the City in using public art to enhance the built environment, this includes but is not limited to the City Council and all City Departments, Committees and Advisory Boards. (C) Advise the planning of capital improvement projects undertaken by the City where there is potential for Public Art to be incorporated into the final design of the project. This may include streets, trails, structures and infrastructure improvements. (D) Identify, develop and promote opportunities and programs that support artistic, and technical education, and workforce development in the creative sector, using guidance from all aligning efforts to the Workforce Development Plan and the Fayetteville First Economic Vitality Plan. (E) Advocate for the quality of life and cultivate a supportive environment in Fayetteville as a destination and home for creatives. (F) Identify grants and other sources of funding for the support of arts programs and activities, and the procurement of public art. Provide support to City administration in the application process. City of Fayetteville, Arkansas Page 2 Printed on 1111912020 From: Williams. Kit To: Batker. Jodi Subject: FW: Arts Council Ordinance Change Date: Tuesday, November 10, 2020 2:57:34 PM From: Marsh, Sarah Sent: Tuesday, November 10, 2020 1:19 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov> Cc: Peters, Dede <dpeters@fayetteville-ar.gov> Subject: RE: Arts Council Ordinance Change Hi Kit, I've attached the signed agenda request form. I'd prefer to have it on the first meeting in December. My hope is to be in Puglia next week and I'm not confident I'll have good enough internet to zoom into the meeting. Thanks, Sarah Sent from Mail for Windows 10 Legistar ID No.: 2020- AGENDA REQUEST FORM FOR: Council Meeting of December 1, 2020 FROM: Council Member Sarah Marsh ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES OF ARTICLE XXII ARTS COUNCIL OF THE FAYETTEVILLE CODE APPROVED FOR AGENDA: Sarah Marsh 11 /10/2020 8:12 PM CEST Council Member Sarah Marsh Date City Attorney Kit Williams Date Approved as to form Electronically Signed using eSignOnline TM [ Session ID : 85edlef7-ae07-45c8-ba9e-705b7d199934 ] Revised Fayetteville Arts Council Ordinance Updated 9/16/20 Purpose: The Fayetteville Arts Council shall be an advisory body to the City Council and administration dedicated to fostering growth and development of individuals, organizations, and projects that drive the cultural and creative economies of Fayetteville. The Fayetteville Arts Council shall advise the City on marketing, cultural planning, workforce development, arts education, and allocation of resources for the arts. The Arts Council shall examine and advocate for diversity, equity and inclusion in this work. For the purpose of this document, Public Art shall be defined as works of art in any media purchased with public funds, or that come into the public domain by any method, irrespective of its location or intended audience. Powers and Duties: The Fayetteville Arts Council shall be specifically responsible for, but not be limited to, the following: 1. Review all City investments in public art and donations of public art accepted by the City. If the project is valued at more than $5000 the Arts Council shall provide a written action recommendation to the City within thirty days. 2. Assist the City in using public art to enhance the built environment, this includes but is not limited to the City Council and all City Departments, Committees and Advisory Boards. 3. Advise in the planning of capital improvement projects undertaken by the City where there is potential for Public Art to be incorporated into the final design of the project. This may include streets, trails, structures and infrastructure improvements. 4. Identify, develop and promote opportunities and programs that support artistic, and technical education, and workforce development in the creative sector, using guidance from and aligning efforts to the Workforce Development Plan and the Fayetteville First Economic Vitality Plan. 5. Advocate for the quality of life and cultivate a supportive environment in Fayetteville as a destination and home for creatives. 6. Identify grants and other sources of funding for the support of arts programs and activities, and the procurement of public art. Provide support to City administration in the application process. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1012 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.16 SHORT-TERM RENTAL REGULATIONS: AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF CHAPTER 118 BUSINESS REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING OF CHAPTER 162 USE UNITS, AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO PERMIT AND INSPECT THE RENTALS WHEREAS, in July of 2019 the City Council adopted Resolution 172-19 requesting the study and development of an ordinance for short-term rentals for their consideration; and WHEREAS, it is estimated that there are approximately 500-600 short-term rental units in Fayetteville; and WHEREAS, the Fayetteville City Code does not have specific rules for short-term rentals and they have been treated as hotels/motels in the zoning code which prevents them from legally operating in any residential single-family zoning district. 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 § 118.01 Applicability of Chapter 118 Business Registry and Licenses, Chapter 151 Definitions, Chapter 161 Zoning Regulations, § 162.01 Establishment/Listing of Chapter 162 Use Units, and Chapter 163 Use Conditions of the Unified Development Code by adopting the changes as shown on Exhibit 1 attached hereto and made a part hereof classifying the types of short term rentals and creating regulations to permit and inspect short term rentals in the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 1111912020 City of Fayetteville Staff Review Form 2020-1012 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mary McGetrick 11/12/2020 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: STAFF RECOMMENDS APPROVAL OF A SHORT-TERM RENTALS ORDINANCE CLASSIFYING THE TYPES OF SHORT-TERM RENTALS AND CREATING REGULATIONS TO PERMIT AND INSPECT THE RENTALS. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 Original Contract Number: CITY ❑F FAYETTEVILLE CITY COUNCIL MEMO ARKANSAS TO: FROM: MEETING DATE: City of Fayetteville City Council Garner Stoll, Development Services Director December 111, 2020 SUBJECT: ADM 20-7000 Administrative Item (Amend Fayetteville Code of Ordinances: Short-term Residential Rentals): Submitted by the Development Services Department for revisions to the Fayetteville Code of Ordinances for short-term residential rentals. RECOMMENDATION: STAFF RECOMMENDS APPROVAL OF A SHORT-TERM RENTALS ORDINANCE CLASSIFYING THE TYPES OF SHORT-TERM RENTALS AND CREATING REGULATIONS TO PERMIT AND INSPECT THE RENTALS. RECOMMENDED MOTION: "I move to approve ADM 20-7000 as recommend by City staff." BACKGROUND: The short-term rental code amendments were approved by Planning Commission on February 24 of 2020. Staff presented a recommended code change along with alternatives. There were several members of the public at the meeting and a variety of perspectives were shared about how the city should handle short-term rentals. The recommended code amendments in this report have been revised to incorporate the legal recommendations from the City Attorney's office and Planning Commission. The primary revisions from the City Attorney's office included relocating many of the short-term rental requirements from Chapter 163 into Chapter 118, Business Licenses, changing enforcement staff to the Development Services Director, removing the requirement for liability insurance, and clarifying what is required for building inspection. A short-term rental (STR) is the leasing out of a furnished residential dwelling on a short-term basis, generally less than a month. It is estimated that there are approximately 500-600 STR units in Fayetteville. However, Fayetteville's codes do not have specific rules for STRs and they are classified as hotels/motels in the zoning code. This prevents them from legally operating in a single-family district and there are numerous STRs currently in violation. In July of 2019 the City Council adopted Resolution 172-19 directing staff to study and develop an ordinance for STRs for their consideration. Public Input: As the first step in studying STRs, the City hosted a focus group on August 19, 2019. The focus group represented various perspectives including neighborhood representatives, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 concerned citizens, rental owners and managers, and hotel owners. The group was guided by a professional facilitator to identify key issues and recommendations in moving forward with local rules for STRs. On September 30, 2019, the city hosted an open public input meeting which allowed all attendees to provide input in writing and verbally on the issues identified by the focus group. The city staff continued to take comment from the public and elected officials over the last few months. After reviewing the public comment and completing extensive research on many cities' short-term rental codes, the City's consultant on the project, Garver LLC, completed a first draft of revisions to the Fayetteville Code of Ordinance for STRs. This first draft was presented to the same focus group on January 15, 2020 for their review and comment. Staff presented the final draft ordinance, for comment, to the focus group on November 5, 2020 DISCUSSION: The Development Services Department and their consultant, Garver LLC, have drafted amendments to the Fayetteville Code of Ordinances for short-term residential rentals. The primary issues proposed in the previous revisions include the following: • Location: STRs would be allowed by right in all zoning districts where residential dwellings and hotel/motel uses are allowed. • Type 1 and Type 2 STRs: There are two types of STRs. Type 1 is a full-time residence and Type 2 is a full-time STR. Type 1's are not subject to density limitations, Type 2's are subject to density limitations in districts where the use is not allowed by right. Type 2's require a conditional use permit when use is not allowed by right. • Residency: A permanent resident does not have to live in the STR dwelling. • Occupancy: Maximum of 2 people per bedroom plus 2, with a maximum of 8 people regardless of the number of bedrooms. A definition of bedroom is included. • Permit: A business license must be obtained prior to operation. • Inspection: Prior to approval of a business license the rental unit must pass a safety and egress inspection conducted by the Fayetteville Building Safety Division. A life safety and egress inspection will verify the basic life safety requirements like fire alarms and basic egress requirements like a door. An inspection is only required for the initial license. • Grace period: 6 months for existing STRs to obtain inspection and business license. If both the inspection and the business license are obtained in the 6 month grace period a conditional use permit will not be required. • Special events: No parties or special events allowed in STRs by right. • Parking: Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. • Conditional use permits: Type 2's require a conditional use permit when the use is not allowed by right in the underlying zoning district. • Density limitations: Density limitations only apply to Type 2 STRs. A city-wide density cap of one percent (2%) of all dwelling units in the Fayetteville city limits may be utilized as Type 2 rentals. Total dwelling units are determined from current United States Census Bureau and/or American Community Survey numbers, whichever number is higher. A conditional use permit may not permit the following: o More Type 2 short-term rentals than what is allowed by the city-wide density cap. o More than two (2) dwellings units as Type 2 rentals within a multi -family dwelling complex o Individual 2-family, 3 and 4-family buildings that are not a part of a multi -family complex shall have no more than one (1) Type 2 short term rental unit per building complex. G:\ETC\Development Services Review\2020\Development Services\20-7000 ADM Amend Code of Ord. - Short Term Residential Rentals o Type 2 short-term rentals in commercial and mixed -use zoning districts where hotel/motel are permitted by right shall not count towards the city-wide density cap. o Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings. Fees: STIRS would only be subject to the typical business license and occupancy inspection fees. Exceptions: Exceptions to the short-term rental code are subject to review as a conditional use permit. Request: Staff requests that the City Council amend chapter 118 of the Business Regulations and chapters 151, 161, 162, and 163 of the Unified Development Code for short-term rentals. The code changes are described above and shown in the attached strikeout -highlight version of the code. STAFF RECOMMENDATION: Staff recommends that the City Council approve the code changes as outlined above and in the attached ordinance. BUDGET/STAFF IMPACT: N/A Attachments/website: • Proposed code changes shown in strikeout • City of Fayetteville short-term rental website http://www.faVetteville-ar.gov/3801/Short-Term-Rentals G:\ETC\Development Services Review\2020\Development Services\20-7000 ADM Amend Code of Ord. - Short Term Residential Rentals 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 118: - BUSINESS REGISTRY AND LICENSES 118.01 -Applicability (A) General Businesses. (1) All businesses, institutions, corporations, LLCs, LLPs, partnerships, non-profit associations or corporations, sole proprietorships or other non -governmental entities with a physical address or which operates either a legally permitted home occupation or a short-term rental within the Fayetteville city limits shall be required to file for the City of Fayetteville Business Registry and License. A covered business or entity with multiple physical addresses in Fayetteville must obtain a separate business license for each such business address. (2) In addition, any person or non -governmental entity who has or should have a sales tax permit and operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (3) In addition, any person or non -governmental entity who is engaged in any trade or occupation which requires federal or state licenses and who operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (B) Religious Entities. Churches and other religious institutions are exempt from this chapter unless they are performing functions like daycare that must be licensed by the state or that generate revenue upon which state sales or use taxes must be paid. The city business license shall not be required for the religious entity but only for those functions that require a state license or upon which state sales or use taxes must be paid. (C) Minors Exempt. No individual under eighteen (18) years of age shall be required to register or obtain a business license. (D) Individual Landlords Renting Less Than Three (3) Dwelling Units Exempt. An individual landlord, not operating as a corporation, LLC, LLP, or other business entity, who rents out less than three (3) dwelling units, and no commercial, industrial, or institutional unit, site or building shall be exempt from this chapter. However, a landlord that operates a short-term residential rental shall not be exempt and must apply for and obtain a business license for each individual short-term rental. (E) Short-term rentals. A residential dwelling unit, portion of a dwelling unit, or room within a residential dwelling unit, leased and/or rented to a quest(s), for a period of less than thirty consecutive (30) days. 1) Short-term rental. Tvae 1. A short-term rental where the principal use of the property remains as a full-time residence. The occupants or owner rent their primary residence as a short-term rental. A copy of the Homestead Tax Credit or long-term lease agreement for the subject Property is required to be classified as a Type 1 rental. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Tvpe 1 short-term rental (2) Short-term rental, Type 2. A short-term rental that is not occupied by a permanent resident. The owner lists this property full-time as a short-term rental and has no intention of having permanent residents living in the property. A conditional use permit is required for a Type 2 short-term rental prior to the City issuing a business license, except as defined in &1 18.01 (E)(4). (3) License Required: No dwelling unit in the City shall be used as a short-term rental unless: (a) The owner of the dwelling unit or operator of the short-term rental possess a valid and current business license for the dwelling unit, and fully complies with all legal requirements and duties imposed herein with respect to each and every short-term rental; and 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STIR EDITS IN STRIKEOUT -UNDERLINE (b) The owner has designated an agent, where said agent fully complies with all legal reauirements and duties imposed herein with respect to every short-term rental. The owner may serve as their own aaent. 4) 6 Month Start-up Period. After the enactment of the short term rental ordinance, existing short term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6 month start-up period, all short term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. (a) Type 2 short-term rentals seeking a business license or permit under the 6-month start-up period will not be required to obtain a conditional use permit. Any Type 2 short-term rentals submitting a business license or permit after the 6-month grace period shall be required to obtain a conditional use permit prior to the City issuing a business license. (5) No hosting platform shall facilitate or conduct any booking transaction for a short-term rental in the CitV without the short-term rental first obtaining and maintaining possession of the requisite business license. (6) A separate business license shall be required for each dwelling unit used as a short-term rental. (7) Any change in ownership requires a new or amended business license. (8) If any required contact information changes for the associated business license, the person to whom the license was issued shall immediately notify the Development Services Department in writing. (9) License Application. The application for a business license shall include at minimum, the following information from applicants: (a) The property owner's information including legal name, mailing address, immediate contact phone number, and immediate contact E-mail address. (b) Information for the dwelling unit subject to the application, inclusive of the physical street address assigned bV the City. (c) The type and total number of dwelling units located on the lot of record containing the dwelling unit subject to the application. (d) If the owner is not their own agent, the owner designated agent's information including legal name, mailing address, immediate contact phone number and immediate contact E- mail address. (e) Documentation of approval of a life safety and egress inspection bV the City Building Safety Division for the dwelling unit subject to the application. (f) Proof of application for remittance of Hotel, Motel and Restaurant tax to the City of Fayetteville, and verification that all sales, use, and Hotel, Motel and Restaurant taxes are ci irrPnt (q) Any additional data as deemed necessary or desirable for permit approval by the Zoning and Development Administrator. (10) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter 118 of the Business Regulations (Business Registry and Licenses). 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STR EDITS IN STRIKEOUT -UNDERLINE (11) Legal Duties of License Holders. An owner possessing a short-term rental license shall comply at all times with the following requirements: (a) Occupancy. Short-term rentals shall be subject to, and may not exceed, the occupancy limits approved with the business license. Exceptions to the occupancy standards for short- term rentals may be granted by the Planning Commission as a conditional use permit. (b) Advertisements. A short-term rental shall not be advertised if it violates occupancy, density, safety, and any of the other provisions of the Fayetteville Code. No short-term rental unit shall be advertised prior to having obtained a business license and the business license number shall be included in the advertisement listing. No hosting platform or owner/agent may offer, advertise, book, facilitate, or engage in short-term rental activity or advertisement that violates any provision of the short-term rental code. (c) Information and Posting. Business licensees shall provide to quests and post conspicuously in the common area of the short-term rental unit the City phone number to report a safety complaint. (12) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are available at all times during quest occupancy, including nights and weekends, in order to facilitate compliance with this section. For the purposes of these regulations, `availability' means that the owner or agent is accessible by telephone, and, able to be physically present at the short-term rental within one (1) hour of being contacted. (13) Guest records. The owner shall maintain summary quest registration records, which shall contain the actual dates of occupancy, total number of quests per party per stay, and the rate(s) charged, but shall not contain any personally identifiable information about quests. Such records shall be maintained for three years and shall be provided to the City upon request. (14) Health and safety. The owner shall ensure that each dwelling unit governed by this section complies with the applicable provisions of the Unified Development Code Chapter 173: Building Regulations. (15) Criminal activity. The owner shall timely report any known or reasonably suspected criminal activity by a quest to the Fayetteville Police Department. (16) Taxes and fees. Except for those instances in which a hosting platform bears the responsibility for collecting and remitting taxes and fees applicable to short-term rentals, the property owner shall timely remit in full Fayetteville Hotel, Motel and Restaurant tax and other applicable local, state, and federal taxes and City fees owed in connection with any short-term rental. The failure of a hosting platform to collect and remit taxes and fees shall not relieve an owner of the obligation to pay taxes and fees owed pursuant to this section. (17) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be granted by the Zoning and Development Administrator through the issuance of a City of Fayetteville Business Registry and License (business license). (18) Density For Type 2 Short-term Rentals. A city-wide density cap of one percent (2%) of all dwelling units in the Fayetteville city limits may be utilized as Type 2 rentals. Total dwelling units are determined from current United States Census Bureau and/or American Community Survey numbers, whichever number is higher. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. (b) More than two (2) dwellings units as Type 2 rentals within a multi -family dwelling complex. (c) Individual 2-family, 3 and 4-family buildings that are not a part of a multi -family complex shall have no more than one (1) Type 2 short term rental unit per building complex. (d) Type 2 short-term rentals in commercial and mixed -use zoning districts where hotel/motels are permitted by right shall not count towards the city-wide density cap. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XI — BUSINESS REGULATIONS/ CHAPTER 118: STR EDITS IN STRIKEOUT -UNDERLINE (19) Suspension and Revocation. If the Zoning and Development Administrator has reason to believe that any of the grounds specified in �l 18.03(A) of the Fayetteville Code exist, or that any rental unit was rented for less than one full night, or to more than one part of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the Zoning and Development Administrator may suspend or revoke the short-term rental's business license pursuant to the procedures detailed in �l 18.03 and in M 18.04 of the Fayetteville Code. (20) Short-term rentals must comply with all applicable codes under Unified Development Code Chapter 163.18 and successfully obtain a business license prior to operation. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 151: STIR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 151: DEFINITIONS Agent, Owner -Designated. A person designated by the owner of a property, where designee has a physical address within the City of Fayetteville, is accessible 24-hours a day, and otherwise in compliance with the UDC requirements for short-term rentals. The owner may serve as their own agent. Bedroom. A fully enclosed portion of a building designed or intended to be used principally for sleeping purposes. Booking transaction. Any contractual agreement between a quest and an owner relative to a short-term rental. Dwelling unit (zoning). One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Guest, Short-term rental. Any person who occupies a short-term rental, for a period of less than 30 consecutive days, pursuant to a short-term rental lease term and/or other like agreement, for the purposes of temporary lodaina. Host, Short-term rental. The owner(s) of a short-term rental who has authority to offer the dwelling unit, portion thereof. or a room within the dwellina unit as a leaal short-term rental. Owner. A person who owns at least a 50 percent interest in a dwellina unit used for short-term rentals. Permanent residential dwelling. A structure that has been legally permitted or is a legal, non -conforming structure allowed for permanent occupancv as a residential dwellina. Hosting Platform. A person or entity that participates in the short-term rental business by providing and collecting or receiving a fee(s) for facilitating booking transactions through which a short-term rental host may offer a short-term rental to a short-term rental quest. Hosting platforms typically, though not always, facilitate booking transactions through an on line platform that allows a short-term rental host to advertise the short-term rental through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential short-term rental quest reserve a questroom(s) and arrange payment, whether the short-term rental quest pays rent directly to the short-term rental host or to the hosting platform. Short-term rental. A residential dwelling unit, portion of a dwelling unit, or room within a residential dwelling unit, leased and/or rented to a quest(s), for a period of less than thirty consecutive (30) days. Short-term rental, Type 1. A short-term rental where the principal use of the property remains as a full-time residence. The occupants or owner rent their primary residence as a short-term rental. A copy of the Homestead Tax Credit or long-term lease agreement for the subject property is required to be classified as a Type 1 rental. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Type 1 short-term rental. Short-term rental, Type 2. A short-term rental that is not occupied by a permanent resident. The owner lists this property full-time as a short-term rental and has no intention of having permanent residents living in the Property. A conditional use permit is required for a Type 2 short-term rental prior to the City issuing a business license. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 161: - ZONING REGULATIONS 161.02 - Zoning Compliance And Business License (A) Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a business license has been issued by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter. (B) Conforming Uses. Uses permitted within the underlying zoning district shall be eligible for a business license, subject to §118 of the Fayetteville Code. (C) Nonconforming Uses. (1) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to September 7, 2010 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 3 Public protection facilities 4 Cultural and recreational facilities 5 Government facilities 6 Agricultural 7 Animal husbandry 12a Limited business 13 Eating places 15 Neighborhood shopping goods 24 Home occupation 25 Offices, studios, and related services FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE (2) Except for short-term rental units subject to chapter 163 of the UDC, uses within the following use unit categories established prior to July 15, 2003 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 2 City-wide uses by conditional use permit 14 Hotel, motel and amusement facilities 16 Shopping goods 17 Transportation trades and services 18 Gasoline service stations & drive in/drive through restaurants 19 Commercial recreation, small sites 20 Commercial recreation, large sites 21 Warehousing and wholesale 22 Manufacturing 23 Heavy industrial Wholesale bulk petroleum storage 27 facilities with underground tanks 28 Center for collecting recyclable materials 29 Dance halls 30 Extractive uses FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE 31 Facilities emitting odors/handling explosives 32 Sexually oriented businesses 33 Adult live entertainment club or bar 34 Liquor stores 35 Outdoor music establishments 36 Wireless communications facilities 38 Mini -storage units 39 Auto salvage and junk yards 40 Sidewalk cafes 1421 Clean technologies 431 Animal boarding and training 161.03 - District R-A, Residential -Agricultural (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 3 I Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 9 1 Two-family dwellings Unit 37 1 Manufactured homes Accessory dwellings Unit 43 1 Animal boarding and training Unit 46 Short-term rentals 161.04 - District RSF-.5, Residential Single -Family - One Half (%) Unit Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.05 - District RSF-1, Residential Single -Family - One (1) Unit Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.06 - District RSF-2, Residential Single -Family - Two (2) Units Per Acre (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.08 - District RSF-7, Residential Single -Family - Seven (7) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE 161.09 - District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals 161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 1 Accessory dwellings Unit 46 1 Short-term rentals 161.11 - District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (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 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals 161.12 - District RI-U, Residential Intermediate - Urban (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 Unit 46 Short-term rentals :1 161.13 - District RMF-6, Residential Multi -Family - Six (6) Units Per Acre (B) Uses. (1) Permitted Uses. Unit City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rental 161.14 - District RMF-12, Residential Multi -Family - Twelve (12) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 411 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rental 161.15 - District RMF-18, Residential Multi -Family - Eighteen (18) Units Per Acre (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi -family dwellings Unit 411 Accessory dwellings Unit 44 1 Cluster Housing Development Unit 46 1 Short-term rental 161.16 - District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 1 Two-family dwellings Unit 10 TThree (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 411 Accessory dwellings Unit 44 1 Cluster Housing Development Unit 46 1 Short-term rental FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.17 - District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rental 161.18 - NS-L, Neighborhood Services - Limited (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 8 1 Single-family dwellings Unit 9 1 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited Business Unit 24 1 Home occupations FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 40 F Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rental 161.19 - NS-G, Neighborhood Services - General (B) Uses. (1) Permitted Uses. Unit 1 1 City-wide uses by right Unit 8 1 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b I General business Unit 24 . Home occupations Unit 40 1 Sidewalk cafes Unit 41 1 Accessory dwelling units Unit 44 1 Cluster housing development Unit 46 Short-term rental 161.20 - District R-O, Residential Office (B) Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE (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 Unit 46 Short-term rental 161.22 - Community Services (B) Uses. (1) Permitted Uses. Unit 1 I 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 Eating places Unit 13 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 15 Neighborhood Shopping goods Gasoline service stations and drive - Unit 18 in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 1 Sidewalk Cafes Unit 411 Accessory dwellings Unit 44 1 Cluster Housing Development Unit 45 1 Small scale production Unit 46 Short-term rental 161.24 - Urban Thoroughfare (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 8 1 Single-family dwellings Unit 9 1 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 13 Eating places Hotel, motel and amusement Unit 14 services Unit 16 F Shopping goods Unit 17 Transportation trades and services service stations and drive - Unit 181Gasoline Unit 18 in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Offices, studios, and related Unit 25 services Unit 26 Multi -family dwellings Unit 34 Liquor store Unit 40 Sidewalk cafes Unit 41 Accessory Dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.25 - District C-3, Central Commercial (B) Uses. (1) Permitted Uses. FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 I Shopping goods Gasoline service stations & drive-in Unit 18 restaurants Unit 19 Commercial recreation, small sites Unit 25 1 Offices, studios, and related services Unit 26 1 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.26 - Downtown Core (B) Uses. (1) Permitted Uses. Tnit City-wide uses by right FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 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 Hotel, motel, and amusement Unit 14 facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Offices, studios, and related Unit 25 services Unit 26 Multi -family dwellings Unit 34 Liquor stores Sidewalk Cafes Accessory dwellings Unit 40 Unit 41 Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE 161.27 - Main Street/Center (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities FUnit 5 Government facilities FUnit 8 Single-family dwellings Unit 9 TTwo-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Offices, studios, and related Unit 25 services Unit 26 Multi -family dwellings Liquor stores Unit 34 Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental 161.28 - Downtown General (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 FAYETTEVILLE TITLE XV - UDC/ CHAPTER 161: STR EDITS IN STRIKEOUT -UNDERLINE Unit 45 Small scale production Unit 46 Short-term rental 161.29 - Neighborhood Conservation (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right _F Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rental FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 162: - USE UNITS 162.01 - Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. Unit 1 City-wide uses by right 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 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Two-family dwellings Unit 9 Unit 10 Unit 11 Unit 12a Unit 12b Unit 13 Three (3) and four (4) family dwellings Manufactured home park Limited business General business Eating places Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STR EDITS IN STRIKEOUT -UNDERLINE Unit 17 Transportation Trades and services Gasoline service stations and drive-in/drive Unit 18 through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 24 Home occupation Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Wholesale bulk petroleum storage facilities Unit 27 with underground storage tanks Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 30 Extractive uses Facilities emitting odors & facilities Unit 31 handling explosives Unit 32 Sexually oriented business Unit 33 Adult live entertainment club or bar Unit 34 Liquor stores Unit 35 Outdoor music establishments FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit 38 Mini -storage units Unit 39 Auto salvage and junk yards Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rental (0) Unit 14. Hotel, Motel, and Amusement Facilities. (1) Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities. (2) Included Uses. Hotel Membership lodge Motel Motion picture theater Night club, not providing dancing or outdoor music Tavern, not providing dancing or outdoor music Use Unit46, Short-term rental is also permitted within Use FAYETTEVILLE TITLE XV - UDC/ CHAPTER 162: STIR EDITS IN STRIKEOUT -UNDERLINE Unit 14 (UU) Unit 46. Short-term rental. (1) Description. Unit 46 is provided to allow a permanent residential dwelling unit, portion of a residential dwellina unit. or room within a residential dwellina unit. to be leased and/or rented to a quest(s) for a period of less than thirty (30) consecutive days. (2) Included Uses. Short-term rentals 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STR EDITS IN STRIKEOUT -UNDERLINE CHAPTER 163: - USE CONDITIONS 163.01 - Listing The use conditions set forth in this chapter are the following: Bed and breakfast facilities Carnival, circus, amusement park or similar temporary open-air enterprise Child care, nursery school Dance halls Facilities emitting odors and facilities handling explosives Home occupations Manufactured homes Outdoor music establishments Sexually oriented businesses Short-term rentals Tandem lot development Wireless communications facilities 163.18 — Short-term rentals (A) General Standards. (1) Residential Zoning Districts. Short-term rentals may be permitted in all zoning districts where residential uses are allowed by right. (2) Commercial and Mixed Use Zoning Districts. Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi -family buildings as specified in Chapter 118 of the Fayetteville City Code. 02-24-20 PLANNING COMMISSION FAYETTEVILLE TITLE XV - UDC/ CHAPTER 163: STR EDITS IN STRIKEOUT -UNDERLINE (3) Occupancy. Maximum of two (2) people per bedroom, plus two (2), with a maximum of eight (8) people regardless of the number of bedrooms, for the entire unit. (4) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (5) Special events are not permitted in a short-term rental. Example of special events include, but are not limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars. Short-term rental units are permitted in any structure established as a permanent residential dwelling including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. (7) 6 Month Start-up Period. After the enactment of the short-term rental ordinance, existing short- term rental operators shall have 6 months to obtain a business license and be considered in compliance. After the 6-month start-up period, all short-term rental units must have a business license to be considered in compliance. To qualify for this exemption as a pre-existing short- term rental, satisfactory proof of operation prior to the enactment date shall be provided to the city including a copy of a back -dated advertisement listing the unit and a copy of a transaction prior to the adoption date documenting that the unit was utilized as a short-term rental. Short- term rentals must also successfully pass an inspection as described in §118.01(E)(9)(e). The City has complete discretion in determining whether such submitted proof is sufficient and satisfactory. a) Tvpe 2 short-term rentals seekina a business license or permit under the 6-month start- up period will not be required to obtain a conditional use permit. Any Type 2 short-term rentals submitting a business license or permit after the 6-month grace period shall be required to obtain a conditional use permit prior to the City issuing a business license. (8) Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city-wide density maxmum, may be granted by the Planning Commission as a conditional use permit. (9) Short-term rentals must comply with all applicable codes under City Code Section 118.01 and successfully obtain a business license prior to operation. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1037 Agenda Date: 12/1/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Report Agenda Number: D.1 AGENDA SESSION PRESENTATIONS: SALES TAX REPORT - PAUL BECKER ENERGY REPORT - PETER NIERENGARTEN City of Fayetteville, Arkansas Page 1 Printed on 1111912020