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2021-03-02 - Agendas - Final
City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, March 2, 2021 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member D'Andre Jones Ward I 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 Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Meeting Final Agenda March 2, 2021 Zoom Information: Public Registration Link: https://zoom.us/webinar/register/WN_BSU-JzBrQu2dpEHUp4lCRA Webinar ID: 928 5683 4996 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. 2020-0973 MONTHLY FINANCIAL REPORT Agenda Additions A. Consent A.1 2020-0871 APPROVAL OF THE FEBRUARY 2, 2021 CITY COUNCIL MEETING MINUTES A.2 2021-0090 ANIMAL SERVICES DIVISION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $9,680.00 REPRESENTING DONATION REVENUE TO THE ANIMAL SERVICES DIVISION City of Fayetteville, Arkansas Page 2 Printed on 212512021 City Council Meeting Final Agenda March 2, 2021 A.3 2021-0102 HAZMAT SERVICES REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $11,303.00 RECOGNIZING HAZMAT SERVICES REVENUE RECEIVED FROM WASHINGTON COUNTY AND INCREASING THE RELATED EXPENSE BUDGET A.4 2021-0114 RIGGS TRACTOR COMPANY: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A CATERPILLAR GENERATOR FROM RIGGS TRACTOR COMPANY IN THE AMOUNT OF $28,598.00 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE POLICE DEPARTMENT A.5 2021-0115 ARKANSAS MUNICIPAL EQUIPMENT: A RESOLUTION TO AUTHORIZE THE PURCHASE OF AN AUGER -STYLE SIDE LOAD REFUSE TRUCK FROM ARKANSAS MUNICIPAL EQUIPMENT, INC. IN THE AMOUNT OF $294,205.65, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION A.6 2021-0117 WILLIAMS TRACTOR - HAY CUTTERS: A RESOLUTION TO APPROVE THE PURCHASE OF TWO RHINO FLEX WING BRUSH CUTTERS FROM WILLIAMS TRACTOR, INC. IN THE TOTAL AMOUNT OF $41,624.00, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT City of Fayetteville, Arkansas Page 3 Printed on 212512021 City Council Meeting Final Agenda March 2, 2021 A.7 2021-0119 WILLIAMS TRACTOR - BOBCAT TRACK LOADER: A RESOLUTION TO APPROVE THE PURCHASE OF A BOBCAT TRACK LOADER WITH A FORESTRY CUTTER ATTACHMENT FROM WILLIAMS TRACTOR, INC. IN THE AMOUNT OF $94,778.47, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT A.8 2021-0120 WILLIAMS TRACTOR - TOWMASTER SEMI -TRAILER: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A TOWMASTER SEMI -TRAILER FROM WILLIAMS TRACTOR IN THE AMOUNT OF $80,428.00 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT A.9 2021-0122 STRIBLING EQUIPMENT, LLC: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A JOHN DEERE LOADER FROM STRIBLING EQUIPMENT, LLC OF SPRINGDALE, ARKANSAS IN THE AMOUNT OF $150,765.00, PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT A.10 2021-0118 RIGGS TRACTOR COMPANY: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A CATERPILLAR 308 EXCAVATOR GENERATOR FROM RIGGS TRACTOR COMPANY FOR THE TOTAL AMOUNT OF $96,564.99 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 4 Printed on 212512021 City Council Meeting Final Agenda March 2, 2021 A.11 A.12 A.13 2021-0124 LANDSCAPE STRUCTURES, INC.: A RESOLUTION TO AUTHORIZE THE PURCHASE OF PLAYGROUND SAFETY SURFACING FROM LANDSCAPE STRUCTURES, INC. FOR INSTALLATION AT BRYCE DAVIS, SWEETBRIAR, AND DAVID LASHLEY PARKS IN THE AMOUNT OF $87,998.90 PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A PROJECT CONTINGENCY OF $8,800.00 2021-0094 BID #20-74 MILESTONE CONSTRUCTION COMPANY: A RESOLUTION TO APPROVE CHANGE ORDER NO. I TO THE CONTRACT WITH MILESTONE CONSTRUCTION COMPANY, LLC, IN THE AMOUNT OF $42,728.19 FOR THE REPAIR AND REPLACEMENT OF A SIDEWALK, SUPPORT STRUCTURE, AND STORAGE AREA ADJACENT TO THE TOWN CENTER PLAZA 2021-0126 BENCHMARK CONSTRUCTION OF NWA, INC. CHANGE ORDER NO.4: A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $6,117.17 FOR ADDITIONAL GRAVEL NEEDED FOR THE CONSTRUCTION OF THE FLEET TRUCK WASH FACILITY B. Unfinished Business City of Fayetteville, Arkansas Page 5 Printed on 212512021 City Council Meeting Final Agenda March 2, 2021 B.1 2020-1055 BANK OF FAYETTEVILLE/DEPOT LOT SITE: AN ORDINANCE TO APPROVE REAL ESTATE PURCHASE CONTRACTS WITH THE FARMERS & MERCHANTS BANK, FAYETTEVILLE DEPOT, LLC, AND DICKSON & WEST INVESTMENTS, LLC TO PURCHASE ABOUT ONE HALF ACRE IN THE DEPOT/BANK LOT FOR $350,000.00, TO APPROVE A LEASE -TO -OWN ARRANGEMENT WITH DICKSON & WEST INVESTMENTS, LLC FOR THE .2 ACRE LOT ON THE NORTH END OF THE CIVIC PLAZA, TO AGREE TO CONVEY TO DICKSON & WEST INVESTMENTS, LLC 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 At the December 1, 2020 City Council meeting this item was left on the First Reading. At the December 15, 2020 City Council meeting this item was left on the second reading. At the January 5, 2021 City Council meeting this item was left on the second reading and tabled until the February 16, 2021 City Council meeting. At the February 18, 2021 City Council meeting this item was tabled until the March 2, 2021 City Council meeting. B.2 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. This agenda item was tabled for two weeks. At the December 1, 2020 City Council meeting this item was tabled for two weeks. Table until the first meeting in January 2021. (January 5, 2021) At the January 5, 2021 City Council meeting this item was tabled until the February 16, 2021 City Council meeting. At the February 18, 2021 City Council meeting this item was tabled until the March 2, 2021 City Council meeting. City of Fayetteville, Arkansas Page 6 Printed on 212512021 City Council Meeting Final Agenda March 2, 2021 B.3 2020-1136 ANX 2020-0001(3435 E. ZION RD./BURGE): AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF PATRICIA LYNNE SEVERING, AS TRUSTEE OF THE ROBERT EUGENE BURGE IRREVOCABLE TRUST, AND ANNEX 59.00 ACRES OF LAND LOCATED AT 3435 EAST ZION ROAD At the January 7, 2021 City Council meeting this item was left on the first reading. At the January 19th, 2021 City Council meeting this item was left on the Second Reading. At the February 2, 2021 City Council meeting this item was left on the Second Reading and Tabled for Two Weeks. At the February 18, 2021 City Council meeting this item was left on the Second Reading and tabled until the March 3, 2021 City Council meeting. B.4 2020-1140 PZD-2020-002 (3435 E. ZION RD./CHANDLER CROSSING SD): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 2020-0002 FOR APPROXIMATELY 81.89 ACRES LOCATED AT 3435 EAST ZION ROAD At the January 7, 2021 City Council meeting this item was left on the first reading. At the January 19th, 2021 City Council meeting this item was amended and left on the First Reading. At the February 2, 2021 City Council meeting this item was left on the First Reading and Tabled for Two Weeks. At the February 18, 2021 City Council meeting this item was left on the First Reading and tabled until the March 3, 2021 City Council meeting. B.5 2021-0064 AMEND §161.22 COMMUNITY SERVICES: AN ORDINANCE TO AMEND § 161.22 COMMUNITY SERVICES TO MOVE USE UNIT 8, SINGLE-FAMILY DWELLINGS AND USE UNIT 9, TWO FAMILY DWELLINGS FROM PERMITTED USES TO CONDITIONAL USES At the February 2, 2021 City Council meeting this item was left on the First Reading. At the February 18, 2021 City Council meeting this item was left on the Second Reading. City of Fayetteville, Arkansas Page 7 Printed on 212512021 City Council Meeting Final Agenda March 2, 2021 B.6 2021-0070 RZN-2020-027 (1673 & 1675 N. FLORENE ST./HERMEZ-HERNANDEZ): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-027 LOCATED AT 1673 AND 1675 NORTH FLORENE STREET FOR APPROXIMATELY 0.30 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE At the February 18, 2021 City Council meeting this item was left on the First Reading. B.7 2021-0074 AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS: AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP AMENDMENTS IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS TO CLARIFY THAT HEARINGS BEFORE THE PLANNING COMMISSION ARE ONLY REQUIRED FOR PRIVATE PARTY PETITIONS FOR ANNEXATIONS AND AMENDMENTS TO THE ZONING MAP At the February 18, 2021 City Council meeting this item was left on the First Reading. C. Public Hearing: CA 2021-0078 PUBLIC CONVENIENCE AND NECESSITY TO THE ECLECTIC BEE, LLC D/B/A PEDAL PUB FAYETTEVILLE: A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO THE ECLECTIC BEE, LLC D/B/A PEDAL PUB FAYETTEVILLE FOR THE OPERATION OF UP TO TEN (10) PEDAL CARRIAGES IN THE CITY OF FAYETTEVILLE D. New Business City of Fayetteville, Arkansas Page 8 Printed on 212512021 City Council Meeting Final Agenda March 2, 2021 DA D.2 D.3 DA 2021-0145 SUPPORT LAKE FAYETTEVILLE IMPROVEMENTS: RESOLUTION TO SUPPORT IMPROVEMENTS TO LAKE FAYETTEVILLE'S WATER QUALITY AND TO CREATE A HEALTHY LAKE ECOSYSTEM 2021-0116 TLG PETERBILT: A RESOLUTION TO AUTHORIZE THE PURCHASE OF THREE PETERBILT REFUSE TRUCKS FROM TLG PETERBILT OF FORT SMITH, ARKANSAS FOR THE TOTAL AMOUNT OF $1,027,766.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT 2021-0121 HUGG & HALL: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE PURCHASE OF A TOYOTA FORKLIFT FROM HUGG & HALL EQUIPMENT COMPANY FOR THE FLEET RENTAL POOL IN THE TOTAL AMOUNT OF $37,734.00 PLUS APPLICABLE TAXES AND FREIGHT CHARGES 2021-0112 AMEND ORDINANCE NO.2740: AN ORDINANCE TO AMEND ORDINANCE NO.2740 TO ENSURE THAT TRANSPORTATION CUSTOMERS ARE TREATED EQUALLY TO CUSTOMERS OF NATURAL GAS FOR THE FEES THEY PAY TO BLACK HILLS ENERGY City of Fayetteville, Arkansas Page 9 Printed on 212512021 City Council Meeting Final Agenda March 2, 2021 D.5 2021-0132 RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-028 LOCATED EAST OF WEST MICHAEL COLE DRIVE AND SOUTH OF WEST WEDINGTON DRIVE FOR APPROXIMATELY 5.00 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RMF-18, RESIDENTIAL MULTI FAMILY, 18 UNITS PER ACRE D.6 2021-0123 BID #21-21 & BID #21-22 FLINTCO, LLC: A RESOLUTION TO AWARD BID #21-21 AND AUTHORIZE A CONTRACT WITH FLINTCO, LLC IN THE AMOUNT OF $2,374,520.00 FOR THE CONSTRUCTION OF FIRE STATION NO. 8, TO AWARD BID #21-22 AND AUTHORIZE A CONTRACT WITH FLINTCO, LLC IN THE AMOUNT OF $2,510,225.00 FOR THE CONSTRUCTION OF FIRE STATION NO. 9, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $150,000.00 FOR EACH PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 FIREFIGHTING FACILITIES IMPROVEMENTS BOND PROJECTS E. City Council Agenda Session Presentations E.1 2021-0157 AGENDA SESSION PRESENTATION - SALES TAX REPORT BY PAUL BECKER ENERGY REPORT BY PETER NIERENGARTEN F. City Council Tour G. Announcements H. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 10 Printed on 212512021 City Council Meeting Final Agenda March 2, 2021 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 11 Printed on 212512021 City Council Meeting Final Agenda March 2, 2021 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 12 Printed on 212512021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0973 Agenda Date: 3/2/2021 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 212512021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0871 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.1 File Type: Minutes APPROVAL OF THE FEBRUARY 2, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 212512021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0090 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 ANIMAL SERVICES DIVISION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $9,680.00 REPRESENTING DONATION REVENUE TO THE ANIMAL SERVICES DIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $9,680.00 representing donation revenue to the Animal Services Division from September 24 through December 31, 2020. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation for the donations. City of Fayetteville, Arkansas Page 1 Printed on 212512021 Justine Lentz Submitted By City of Fayetteville Staff Review Form 2021-0090 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/1/2021 ANIMAL SERVICES (671) Submitted Date Division / Department Action Recommendation: f Approve a budget adjustment in the amount of $9,680 representing donation revenue to Animal Services received from September 24 to December 31, 2020. see attached detail Account Number 33048-1 Project Number Budgeted Item? Yes Does item have a cost? No Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: General Fund Fund Animal Services Donations Project Title Current Budget $ 87,686.00 Funds Obligated $ 9,806.00 Current Balance 77,880.00 I Item Cost Budget Adjustment $ 9,680.00 Remaining Budget $ 87,560.00 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE 14'V ARKANSAS MEETING OF MARCH 2, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Yolanda Fields, Director of Community Resources FROM: Justine Lentz, Animal Services Superintendent DATE: 2/1 /21 SUBJECT: Approval of resolution to approve a budget adjustment for Animal Services RECOMMENDATION: Staff recommends approval of a budget adjustment to recognize and allocate the Animal Services donation revenue from September 24 thought December 31, 2020 in the amount of $9,680. BACKGROUND: Animal Services would like to recognize donation revenue from citizens and businesses made from September 24 to December 31, 2020. These funds are donated by our generous community to benefit the animals cared for by the Animal Services of the city of Fayetteville. We appreciate their support and generosity. DISCUSSION: BUDGET/STAFF IMPACT: Recognize and allocate animal services donations in the amount of $9,680 Attachments: Budget adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number ANIMAL SERVICES (671) 2020 (PY) /Org2 Requestor: Justine Lentz BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Recognize and allocate donation revenue made to the animal services program by citizens and businesses from September 24, 2020 to December 21, 2020. COUNCIL DATE: LEGISTAR FILE ID#: 3/2/2021 2021-0090 Hal y 3la c� 2/1/2021 11:54 AM Budget Director Date TYPE: JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 9,680 9,680 v.20210104 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.671.2740-4809.00 - 9,680 33048 1 RE Donations 1010.671.2740-5400.00 9,680 - 33048 1 EX Building & Grounds - Maintenance K\Budget Adjustments\2021_Budget\City Council\03-02-2021\2021- BA Animal Donations 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0102 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.3 HAZMAT SERVICES REVENUE: File Type: Resolution A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $11,303.00 RECOGNIZING HAZMAT SERVICES REVENUE RECEIVED FROM WASHINGTON COUNTY AND INCREASING THE RELATED EXPENSE BUDGET THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment in the amount of $11,303.00 recognizing hazmat services revenue received from Washington County and increasing the related expense budget. City of Fayetteville, Arkansas Page 1 Printed on 212512021 City of Fayetteville Staff Review Form 2021-0102 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Brad Hardin 2/8/2021 FIRE (300) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a budget adjustment in the amount of $11,303 to recognize Hazmat Services Revenue received from Washington County and increase related expense budget. Budget Impact: 1010.300.3040-5218.01 General Fund Account Number Fund Project Number Project Title Budgeted Item? Yes Current Budget $ 10,500.00 Funds Obligated $ 737.53 Current Balance $ 9,762.47 Does item have a cost? No Item Cost Budget Adjustment Attached? Yes Budget Adjustment $ 11,303.00 Remaining Budget 21,065.47 Purchase Order Number: Previous Ordinance or Resolution # V20180321 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 2, 2021 TO: Mayor and City Council FROM: Brad Hardin, Fire Chief DATE: February 8, 2021 CITY COUNCIL MEMO SUBJECT: Approval of a budget adjustment in the amount of $11,303 to recognize Hazmat Services Revenue received from Washington County and increase related expense budget. RECOMMENDATION: Approval of a budget adjustment in the amount of $11,303 to recognize Hazmat Services Revenue received from Washington County and increase related expense budget. DISCUSSION: The City of Fayetteville has received $11,303 of Hazmat Services Revenue from Washington County. The Fire Department would like to utilize the revenue to offset costs for the Fayetteville Hazmat Team. It will also be utilized to cover expenses for training and related expenses. These purchases will be vital to the efficient and effective operation of the Hazmat Response Operations of the Fire Department. BUDGET/STAFF IMPACT: Increase expenses to correspond with hazmat services revenue received. Attachments: Budget Adjustment for Hazmat Revenue Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FIRE (300) 2021 Requestor: Brad Hardin BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a budget adjustment in the amount of $11,303 to recognize Hazmat Services Revenue received from Washington County and increase related expense budget. COUNCIL DATE: LEGISTAR FILE ID#: 3/2/2021 2021-0102 HoRy 3lac� 2/10/2021 10:43 AM Budget Director Date D - (City Council) TYPE: JOURNAL #: 3/2/2021 GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 11,303 11,303 v.20210104 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.300.3040-5218.01 11,303 - EX Fire Fighting Supplies - HAZMAT Equipme 1010.300.3040-4401.08 - 11,303 RE Reimbursements - HAZMAT Interlocal Re, H:\Budget Adjustments\2021_Budget\City Council\03-02-2021\2021-0102 BA Fire Hazmat Services 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0114 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.4 RIGGS TRACTOR COMPANY: File Type: Resolution A RESOLUTION TO AUTHORIZE THE PURCHASE OF A CATERPILLAR GENERATOR FROM RIGGS TRACTOR COMPANY IN THE AMOUNT OF $28,598.00 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE POLICE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of a Caterpillar Generator from Riggs Tractor Company in the amount of $28,598.00 plus any applicable tax and freight charges, pursuant to a Sourcewell Cooperative purchasing contract, for use by the Police Department. City of Fayetteville, Arkansas Page 1 Printed on 212512021 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2021-0114 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/10/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of a 57 kW Caterpillar generator using Sourcewell Cooperative Contract # 120617-CAT pricing in the total amount of $28,598.00 through the dealer, Riggs Tractor Company. 9700.770.1920-5802.00 Account Number 02080.2015 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Shop Fund Other Equipment Project Title $ 103, 804.00 $ 103,804.00 $ 28,598.00 75,206.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 02, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: February 10, 2021 CITY COUNCIL MEMO SUBJECT: Purchase of one (1) 50KW Generator for Police RECOMMENDATION: Council approves the purchase of a 57 kW Caterpillar generator using Sourcewell Cooperative Contract # 120617-CAT pricing in the total amount of $28,598.00 through the dealer, Riggs Tractor Company. BACKGROUND: Unit 9029 is a 2001 Kohler 60 KW generator that has 15/15 points and has exceeded its life expectancy. DISCUSSION: A 57 KW Caterpillar generator is available off the Sourcewell Cooperative Contract in the amounts of $28,598.00 through the dealer, Riggs Tractor Company. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected. This item was approved at Equipment Committee on February 09, 2021. Attachments: Quote from Riggs Tractor Company. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Riggs Riggs Power Systems Date: January 12, 2021 Quote #30857825 Mailing Address: P.O. Box 1399 Little Rock, AR 72203-1399 To: Winston McGowan, Fleet Supervisor -City of Fayetteville SOURCEWELL MEMBER #: 34143 From: Tim Tennant Phone: 479-755-7215 Reference: Police Communications Replacement— 60kW Nat Gas Generator & 250A ATS Riggs Power Systems is pleased to provide this offer based on our interpretation of the project Specs: Item Description List Price Caterpillar DG60-2 Generator Set — 57kW Nat Gas Stand-by Power Rating $36,141.00 Power Setting 57kW Stand-by Voltage 120/240 Volts, 1 Phase, 60 HZ Engine 5.7L, V8, 4-cycle Natural Gas Turbocharged Air -to -Air After Cooled Oil Temp Gauge & Sender 11 to 14 In. of H2O Standard Air Cleaner Engine Governing Cat Electronic Cooling System Radiator, 122°F Ambient Rating Coolant Reservoir Engine Jacket Water Heater Caterpillar Extended Life Coolant Engine Oil Cooler Coolant Temperature and Level Switches Low Coolant Level Shut Down Control Panel NFPA 110 Compliant EMCP 4.213 Control Panel Panel Mounted Audible Alarm 105C Temp Rise Over 40C Ambient Volt Free Contacts Genset Run Relay Ground Fault Indication Control Panel Options Box Charging System UL 10 Amp NFPA Battery Charger, 120VAC Generator Caterpillar, 240 Volts, 10, Caterpillar Integrated Voltage Regulator UL 2200 Listed Riggs Power Solutions Caterpillar Electric Power Systems Vibration Isolators Single Circuit Breaker 100% Rated 250A Permanent Magnet Excitation Starting System 12 VDC Electric Cranking Motor Battery Racks and Cables Enclosure Sound Attenuated Steel - White Exhaust Enclosure Mounted Silencer Warranty 2 Year Standard Warranty Accessories Factory Testing @ 0.8 Power Factor Owner's Manual ASCO 300-Series 250 Amp Automatic Transfer Switch Ratings 250 Amp, Open Transition Not Service Entrance Rated Voltage 120/240V, 1 Phase, 3 Wire Contacts 2 Pole, Solid Neutral, Solid Ground Bar Certifications UL 1008 Listed, NFPA-110 Compliant Controls Electronic Control Voltage and Frequency Sensing Auto-start/stop Functions Programmable Time Delays Programmable Clock Exerciser Enclosure NEMA 1 — Indoor Rated Accessory Items 2 Year Warranty Operation and Maintenance Manuals Packaae Pricin Machine Total: $36,141.00 Sourcewell Discount —31%-$11,204.00 Machine Sub Total $24,937.00 250A ASCO 300 Transfer Switch $2,011.00 Delivery to Customer Location & Start -Up + $1,650.00 Package Price: $28,598.00 *Platinum Coverage is a $1,130 added feature that comes standard on all new CAT products purchased through Sourcewell Purchasing *2 Years Standard Warranty and 2 Years Extended Warranty = 4 Year Warranty Sales Tax Not Included Pricing Package Includes 1 Caterpillar DG60-2 (57kW) Nat Gas Generator Package as described above 1 ASCO 250A ATS as described above Includes delivery to Fayetteville, AR, Start Up and Owner training Unloading & Installation by City's Contractor Riggs Tractor Company PROPRIETARY J 2018 Page 2 of 3 Riggs Power Solutions Caterpillar Electric Power Systems Commercial Terms 1. The seller reserves the right to accept or reject this order and shall not be required to give any reason for non -acceptance. 2. This order when accepted by seller shall become a binding contract but shall be subject to strikes, lockouts, accidents, fire, delays in manufacture or transportation, acts of God, embargoes, or Governmental action or any other causes beyond the control of the seller whether the same as, or different from the matters and things hereinbefore specifically enumerated, and any of said causes shall absolutely absolve the seller from any liability to the purchaser under the terms hereof. 3. Except where title is transferred and the seller takes back a contract, title to and right of possession of said machines shall remain vested in the seller until all indebtedness and all sums due or to become due from the purchaser, whether evidenced by note, book account, judgment, or otherwise, shall have been fully paid, at which time ownership shall pass to the purchaser. 4. The seller's responsibility for shipments ceases upon delivery to Transportation Company, and any claims for shortages, delays or damages occurring thereafter shall be made by the purchaser direct to the transportation company. 5. The purchaser agrees that this order shall not be countermanded by him, and that when it is accepted (and until the execution and delivery of the contract or contracts and note or notes required to consummate the sale as above specified) it will cover all agreements between the parties relative to this transaction, and that the seller is not bound by any representations or terms made by any agent relative to this transaction which are not embodied herein. 6. When the machines necessary to fill this order are available, the buyer agrees on demand to execute and deliver to the seller such notes and contracts as may be required by the seller to evidence the transaction. In the event that the buyer fails to execute and deliver said notes and contracts to the seller, the entire balance of the purchase price shall at the seller's option become immediately due and payable. 7. The seller shall not be held liable or responsible for any damages, whether on account of personal injuries or otherwise suffered or sustained in the operation of said machine, nor for any damages resulting to the purchaser by reason of any delays or any alleged failure of said machine to operate, nor for any implied warranties. Any used or second-hand equipment included in this order is sold without any warranty whatsoever, express or implied (except that the seller warrants title), unless said warranty is set forth in full in the section on page 1 of this document entitled WARRANTY ON EQUIPMENT EXTENDED BY SELLER, USED EQUIPMENT and is initialed by both of the parties hereto. 8. The liability of said seller insofar as new Caterpillar Products (to include Machines, engines, Attachments and Parts manufactured by Caterpillar Tractor Co.), are concerned, shall be limited to the warranty which the buyer accepts in lieu of any and all warranties by the seller whether express or implied as set forth on Caterpillar Warranty Forms. 9. The liability of the seller insofar as all other new products (other than Caterpillar products), machines, engines, attachments and parts are concerned, shall be limited to the Manufacturer's warranty thereof, if any, and which the buyer accepts in lieu of any and all warranties by the seller, whether express or implied. 10. To the extent this equipment is equipped with a telematics system, such as Product Link, I understand data concerning this machine, its condition, and its operations is being transmitted by Product Link to Caterpillar and/or its dealers to better serve me and to improve upon Caterpillar products and services. The information transmitted may include: machine model, serial number, location, and operational data, including but not limited to: fault codes, diagnostic data, emissions data, fuel usage, service meter hours, software and hardware version numbers, and installed attachments. Caterpillar recognizes and respects customer privacy and will exercise reasonable efforts to keep the information secure. I agree to allow this data to be accessed by Caterpillar and/or its dealers. 11. Seller will not be responsible for any liquidated damages as a result of any aspect of the project that could be delayed. 12. Installation, wiring, conduit, fuel, foundations, and other materials and services not expressly defined in this offer are not included in this offer. 13. Start -Up is to be completed under normal operating hours and standard conditions. When any situation arises that requires other than normal conditions, additional fees may apply. 14. Offer includes freight that is f.o.b. to the "Ship to Address" only. Unloading or handling fees are not included. 15. Product availability dates are subject to change without notice. Customer initials appreciate the opportunity to be of service, and look forward to earning your business. If there are any questions, or if additional information is required regarding this offer, please do not hesitate to call. Sincerely, Riggs Power Solutions 479-755-7215 Tennnantt@JARiggs.com Riggs Tractor Company PROPRIETARY © 2018 Page 3 of 3 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0115 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.5 ARKANSAS MUNICIPAL EQUIPMENT: A RESOLUTION TO AUTHORIZE THE PURCHASE OF AN AUGER -STYLE SIDE LOAD REFUSE TRUCK FROM ARKANSAS MUNICIPAL EQUIPMENT, INC. IN THE AMOUNT OF $294,205.65, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of an auger -style side loader refuse truck from Arkansas Municipal Equipment, Inc. in the amount of $294,205.65, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Recycling and Trash Collection Division. City of Fayetteville, Arkansas Page 1 Printed on 212512021 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2021-0115 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/10/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of an auger -style side -load refuse truck using Sourcewell Cooperative Contract # 091219-NWY pricing in the total amount of $294,205.65 through the dealer, Arkansas Municipal Equipment. Budget Impact: 9700.770.1920-5802.00 Shop Account Number Fund 02082.2021 Recycling and Trash Vehicles Project Number Project Title Budgeted Item? Yes Current Budget $ 1,522,000.00 Funds Obligated Current Balance $ 1,522,000.00 Does item have a cost? Yes Item Cost $ 294,205.65 Budget Adjustment Attached? No Budget Adjustment Remaining Budget 1,227,794.35 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 02, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: February 10, 2021 CITY COUNCIL MEMO SUBJECT: Purchase of one (1) auger style Side -Loader for RTC. RECOMMENDATION: Council approves the purchase of an auger -style side -load refuse truck using Sourcewell Cooperative Contract # 091219-NWY pricing in the total amount of $294,205.65 through the dealer, Arkansas Municipal Equipment (AME) and to agree to a contract with AME. BACKGROUND: Unit 4022 is a 2014 Side -Load refuse truck that has 14.8/15 points and has exceeded its life expectancy. DISCUSSION: A side -load refuse truck with an auger system is available off the Sourcewell Cooperative Purchasing Agreement for $294,205.65 through the dealer, Arkansas Municipal Equipment. Staff requests that the mayor and city clerk sign a contract with this vendor for this purchase. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected. This item was approved at Equipment Committee on February 09, 2021. Attachments: Quote from Arkansas Municipal Equipment. Contract with AME for 1 side load - Final with Exhibits A-C Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Quote Arkansas Municipal Equipment 14263 Highway 270 west Poyen, Arkansas 72128 501 425 1567 ** danielellison@yahoo.com ** To: City Of Fayetteville AR 1525 S Happy Hollow RD Fayetteville AR 72701 Sourcewell Member# 34143 QUOTE:#FAYARPBRP221 Date: Febuary, 2nd 2021 AR Dealer # M 8116 Sorucewell Contract # 1 12014-NWY Qty Description Each Total 1.00 12022 Peterbilt 530 Per Bid Spec $ 296,512.78 $ 296,512.78 27yd New Way Roto Pac $ - Per Bid Spec $ - Delivery Date No Later Than $ - 12-31-2021 If We Have A Purchase $ - Order By 4--1-2021 $ - 1.00 ATD Discount $ (2,307.13) $ (2,307.13) $ - Subtotal Daniel Ellison Phone: 501 425 1567 Sales tax Email: danielellison@yahoo.com Freight www.ametrucks.com Total $ 294,205.65 $ 294,205.65 Supplemental Warranty Agreement between the City of Fayetteville, Arkansas and Arkansas Municipal Equipment, Inc. for the Purchase of One (1) Side Loading Trash Truck City staff is recommending Fayetteville City Council approval of a Resolution authorizing a contract with Arkansas Municipal Equipment, Inc. for the purchase of one (1) side loading trash truck. In addition to the terms contained in the Sourcewell cooperative purchasing agreement, the City of Fayetteville ("City") requires Arkansas Municipal Equipment, Inc. ("AME") to agree to the following additional specifications, guaranties, and warranties: 1. AME shall work with the City's local Peterbilt vendor, The Larson Group, to obtain a Peterbilt 520. Specifications for the truck are attached as Exhibit A and incorporated herein by reference. YES 2. The New Way Roto Pac 27-yard body shall have the alterations as promised by Scott Rupiper on his visit Tuesday, January 19, 2021 to match the changes that Oregon City, Oregon has made to the arm of their trucks. These alterations are described and set forth in Exhibit B and incorporated herein by reference. YES 3. Other general specifications are described and set forth in Exhibit C and incorporated herein. In case of any conflict, inconsistency, or ambiguity in the specifications contained in the exhibits, the specifications set forth in Exhibits A and B shall control over the general specifications contained in Exhibit C. YES 4. The completed vehicle, meeting all specifications, including the alterations to the arm described in Exhibit B, shall be delivered to the City's Fleet Operations Division located at 1525 Happy Hollow Rd. Fayetteville, AR no later than December 31, 2021. YES 5. The City shall be given a sixty (60) day test period in which to determine compliance with all of the specifications. YES 6. If AME fails to deliver the vehicle on time or fails to provide a vehicle that meets all specifications, the City shall have the right to immediately cancel and terminate the City's contract with AME for the purchase of the side loading trash truck and all agreements and obligations, either in this supplemental warranty agreement or any other contract document related to this transaction shall be null and void. Such right of termination shall be exercised by the City by written notice given to AME within the sixty (60) day test period. YES 7. AME acknowledges that it has received sufficient consideration for this supplemental warranty agreement. ARKANSAS MUNICIPAL EQUIPMENT, INC. By: Da",tew Date Daniel Ellison, President THE CITY OF FAYETTEVILLE, ARKANSAS Date: Lioneld Jordan, Mayor Attest: By: Date: Kara Paxton, City Clerk/Treasurer 2-2-2021 Exhibit A — Peterbilt Sourcewell Contract #060920-PMC Vendor to be: The Larson Group, Shawn Smith, ssmithgtlgtrucks.com 479-567-6459 Cab and Chassis to be a Peterbilt 520 with the following specifications: ENGINE: a. X Cummins model ISL 370 HP 1250 ft lbs. torque b. Six (6) cylinder inline turbo -charged diesel with DEF system C. X 110 VAC engine block heater w/exterior plug mounted in or near front bumper. d. X Compression type Engine Brake System e. X Two speed, cooling fan for frequent stops f. X Trash Guard over turbo charger and all exposed exhaust components to keep trash out TRANSMISSION/DRIVETRAIN a. X 6 speed Allison automatic model 4500 RDS b. Push button gear selector C. Auto neutral programming provided, when released, go back to drive d. Over speed control connected to Transmission to cut off PTO over 30 mph a. X Air brakes w/18 cfm. compressor. Compressor air intake shall be common with engine air intake. b. X Bendix AD -IS heated air dryer mounted to outside of frame C. X Four (4) rear axle mounted spring actuated parking brakes d. Air disc brakes on all axles, Bendix or equal e. X Severe service rotors for refuse applications f. X Air tank drains to be run individually and run to driver side and installed in a bank with petcocks for ease of Driver operation. Fleet will approve location. STEERING a. X Right hand drive b. K_ Hydraulic power steering C. X Standard steering wheel d. Ergonomic/adjustable steering wheel position e. " Stops adjusted for maximum steering angle FRONT AXLE & SUSPENSION a. X 20,000-pound axle capacity rating b. X 20,000-pound leaf spring suspension C. " Steel/iron hubs for frequent stops and heavy loads d. " Wide track front axle for improved turning radius REAR AXLES & SUSPENSION a. " 46,000-pound rated suspension b. X HaulMaxx HM460 suspension C. X Dana, Eaton or Meritor tandem heavy wall axles with a combined rating of 46,000-pound d. Steel/iron hubs for frequent stops and heavy loads e. X Live tandem drive with power divider on front drive axle f. X Rear axles with Power Divider Lock controlled from cab g. X Ratio to provide no less than 60 mph nor more than 65 mph at governed engine rpm GROSS VEHICLE WEIGHT RATING a. X 66,000 Pounds GVWR WHEELS / TIRES a. X Front — (2) hub piloted bright unpolished aluminum disc wheels b. x Front — (2) Michelin, Goodyear, /Bridgestone 315/80R 22.5 tires rated for maximum load C. x Rear (8) hub piloted bright unpolished aluminum disc wheels d. X Rear — (8) Goodyear, Bridgestone /Firestone, Michelin equivalent I I R x 22.5 tubeless steel X belted radials rated for maximum traction. ELECTRICAL SYSTEM ::u X a. 12-volt, 160-amp alternator b. x Three (3) 12-volt sealed maintenance free batteries 2190 CCA C. x Forward facing DVR with removable SD card d. Intermittent windshield wipers w/electric washer pump and reservoir e. x LED Lighting to comply with all state and federal regulations f. x All circuit loads shall be controlled by a 2-post battery shut off located next to battery box g. x Junction box located in cab for electrical accessories; two-way radio, GPS, etc. h. x A body junction box will be located behind cab and will have the following systems: marker lights, left and right turn signals, stop lights, backup lights, and back up horn. The box will have stud connections. a. X Low entry forward tilt cab over engine b. X Tilt cab with hydraulic and air assist c. x High back air suspension seat both sides d. x Bluetooth connectivity e. " Factory installed air conditioning f. x Single pull -down, retractable sunshade g. x Dual west coast type mirrors, heated, motorized remote adjustable, up/down in/out with 8" bolt on heated spot mirrors h. x Air horn right side i. x OEM installed AM/FM Radio j. x Tinted glass X k. Automatic windows to bottom of window frame X a. Frame rails: steel channel painted black, assembled with Huck fasteners b. x Coordinate chassis and body providing proper mounting and weight distribution c. X 42" maximum frame height d. X Painted steel front bumper e. X Single tow loop fully braced to the chassis frame f. X Coordinate chassis and body to provide best location (except for stated mounting locations) of frame mounted tanks and accessories. FUEL TANK a. X Minimum Seventy (70) gallon aluminum safety tank b. X DEF tank of sufficient size to run two tanks of fuel to one DEF or greater C. X Frame mount left hand preferred. PTO PLACEMENT COLOR: a. X PTO driven duel piston pumps. One for body functions and one for arm functions a. X Exterior color — White polyurethane enamel b. " Interior color -Grey Exhibit B — New Way Sourcewell Contract #091219-NWY Vendor to be: Arkansas Municipal Equipment, Daniel Ellison, danielellison&yahoo.com Body to be a New Way Rotopac with the following specifications: YES Lift arm modifications to the standard arm to match the changes that Oregon City, Oregon has made to the arm of their trucks, as follows: a. X Greaseable roller to replace the outer wear pad that slides on the outer section of the arm. This is located just in front of the body. b. X Claw bushings replaced with greaseable bearings Exhibit C — New Way Sourcewell Contract #091219-NWY Vendor to be: Arkansas Municipal Equipment, Daniel Ellison, danielellison&yahoo.com Body to be a New Way Rotopac with the following specifications: BODY CONSTRUCTION: X a. Twenty-seven (27) cubic yard capacity of body and tailgate excluding hopper x b. Body sides shall taper front to rear to facilitate unloading X c. Sidewall to be 12-gauge A 1011, 80,000 psi x d. Floor to be 3/16" AR100 100,000 psi X e. Roof shall be 12-gauge A-715 GR 80F high tensile steel, 80,000 psi x f. Body shall be all welded construction and liquid tight up to 40" inside body X g. Sides, front and rear to be reinforced for strength requirements X h. Reinforcement design and characteristics dependent upon construction methods used, must be certified to meet the specified compacting requirements without body distortion X i. Entire body must be completely cleaned (ex. dirt, oil, slag, etc...) prior to priming. X j. Body paint and color must be white urethane enamel. Minimum 2.5 mil thickness. X k. Body will have a two (2) year complete warranty to include all switches, valves and controls that work body x 1. Curb side ladder at hopper X m. Outside width not to exceed 96" X n. Height above frame 110" maximum REAR TAILGATE: a. x Hinged above roofline, lifted and locked by double acting hydraulic cylinders b. x Hydraulic cylinders to have flow restrictors to limit sudden decent and check valves to keep tailgate closed C. X Safety pin to hold lock mechanism to prevent accidental opening d. x Hinge pins with grease fittings and hoses to be greaseable from ground e. X P-type Neoprene seal at bottom to height of 40" shall form watertight seal f. X Tailgate to be 12-gauge ASTM A715 80,000 psi g. x Tailgate shall have safety prop h. x Manual control valve located in cab to prevent accidental activation X i. Light and audible alarm provided to indicate when tailgate is unlocked j. x Approved under ride guard bolted to bottom of door to be clear of refuse during unloading. k. x Camera mounted to rear tailgate center to work when reverse is selected. HOPPER: a. x Five (5) cubic yard capacity of hopper b. x Hopper floor'/4" Hardox 400 replaceable liner c. x Hopper bottom shall be rounded'/4" 50W resistant steel d. x Hopper shall have three (3) 1/2" X 1 '/2" flat Hardox guiding bars e. x Hopper shall have a material displacement rate of seven (7) cubic yards per minute PACKER: a. x Packing shall be accomplished by auger system. Auger mechanism must meet all applicable standards b. X Speed sensor must be incorporated within the auger mechanism allowing the auger to be automatically engaged in reverse in case of jamming c. X Auger RPM shall be adjustable and delivered @ 30 RPM d. X Auger maximum torque shall be 21,000 pounds feet. e. x Must pack dry household trash at 1,000 lbs. per cubic yd. f. x Length of auger shall be a minimum of 8 1 " g. X Auger mechanism to retain compacted material in body h. X Packing cycle shall be automatically activated by trigger on the arm joystick HYDRAULIC SYSTEM: a. X Hydraulic system designed to operate cart lift and packer functions at idle in gear X b. PTO driven duel piston pumps. One for body functions and one for arm functions X C. Body function pump shall be: 10.6 gpm max @ 3700 psi @ 700 rpm X d. Arm functions pump shall be: 13.4 gpm max @ 2000 psi @ 700 rpm e. x Reservoir capacity 50 gallons, frame mounted with magnetic drain plug f. x Reservoir shall have easily visible sight gauge for oil level and temperature g. x Shut off valve on suction line and check valve on return to service system without draining h. x 100 mesh stainless steel suction line strainer, rated @ 100 gpm i. x In tank return filter rating of 7 micron, rated @ 100 gpm j. X All hoses shall be double wire braid appropriately rated for operating pressure k. X High flex hoses to be used at hinge points X 1. All tubing and hoses shall be securely clamped to prevent vibration, abrasion, and snagging. X in. System shall be capable of continuous operation at 100 F. degrees ambient temperature, without external coolers BODY LIFT: n. x Quick disconnect hydraulic test ports shall be installed, (include one test gauge per truck) o. X All cylinder rods shall be chrome plated or nitrated P. X All cylinders shall have a three (3) year warranty q. X Transmission driven Hot Shift PTO and pumps, must be supported with brace to rear of PUMPS r. X Hydraulic control assemblies must be located so that at no time or load conditions it becomes necessary to remove load to service these components S. x Must have protective cover on pack manifold a. X Dumping to be accomplished by raising body, full eject bodies are not acceptable b. X Hydraulic lift system must have dual body lift cylinders to lift fully loaded body C. x Three (3) stage telescopic cylinders with 77" stroke d. x Body shall be securely mounted with a pivot hinge at rear of chassis frame. Guides shall be provided at front of body to securely align body to chassis frame. e. x Safety stands with locking device for servicing under the body f. x Body dump angle shall be such that all refuse in body will be removed without sticking or bridging. Body dump angle of 45 degrees g. x Dump and rear door controls to be mounted in cab. X h. Control pane must be interlocked with manual override to prevent accidental opening i. X Light and audible alarm to indicate when body is raised LUBRICATION a. X All body hinges, cylinder rod ends, cylinder base trunnions, and pivot points shall be supplied with grease fittings. b. X Each high grease point shall be fitted with individual ground level fitting and steel or reinforced flexible lines. Group fitting mount location wherever practical. o Tailgate hinge pins o Tailgate lift cylinder bases LIFT ARM & GRIPPER: a. x Armand gripper to be hydraulically operated and controlled by joystick in cab X b. Joystick shall be conveniently located to the left of the operator CONTROLS c. x Ergonomically designed patted armrest shall be provided to support the operators arm d. x Auxiliary controls located by driver's seat for operation from ground level e. X Lock valve integrated in the inner boom cylinder to prevent any movement without action of joystick or auxiliary controls f. x Lifting capacity, 500 lbs at any point to which the arm is extended g. x Horizontal reach shall be 144" from retracted to fully extended position h. x Maximum arm cycle time for grip, lift, dump, lower and release: 8 seconds at engine idle i. x Lifting and gripping shall be a rack and pinion mechanism for a constant speed j. X Container shall be tilted a minimum of 45 degrees past horizontal to ensure clean dumping k. x Arm shall be capable of handling carts from 32 to 110 gallons 1. x Lifting mechanism mounted between cab and body to chassis frame in. x Arm shall be capable of handling carts placed 24" above or below roadway surface. n. x Grab clamp shall be spring steel (3/8 X 4") with 5/8" X 4" — 3 ply nylon belt incorporated to the gripers X o. Minimal gripping force of 1,800 psi to be applied to container to provide retention and also for limiting the radial force applied to prevent container damage P. x Grab clamp shall be operated by a single hydraulic cylinder q. x Grab clamp shall be fitted with a spill shield r. x Arm shall be a self-contained assembly that can be unbolted and interchanged or replaced with minimal number of bolts and hydraulic fittings S. x Modifications to the standard arm to match the changes that Oregon City, Oregon has made to the arm of their trucks. a. X Controls shall be mounted in a console readily accessible to operator b. X Arm and gripper to be controlled by joystick in cab C. X Joystick shall be conveniently located to the left of the operator d. x Ergonomically designed, padded armrest shall be provided to support operators arm e. x Auxiliary controls located by driver's seat for arm and gripper operation from ground level f. x Bed lift and tailgate shall be operated by switches located in control console X g. Packer controls shall consist of automatic, start, retract, and emergency stop h. x Large red emergency stop button shall immediately stop hydraulic system at any time X i. Indicator light in console shall warn of emergency stop activation j. x Tailgate lift shall be activated from the control console. Safety lock shall prevent accidental activation. k. x Audible alarm and console mounted warning light will indicate tailgate is open and/or unlocked 1. x Audible alarm and console mounted warning light will indicate bed not fully seated down BODY ELECTRICAL: a. x Lighting shall comply with requirements of FMVSS#108. b. x Two (2) red 4.0" LED brake/marker lights, two (2) red 4.0" LED turn/marker lights and two (2) 4.0" clear LED flood lamp reverse lights shall be rubber grommet integrated into the lower rear of the body tailgate C. x Two (2) red 4.0" LED brake/marker lights, two (2) amber 4.0" LED turn/marker lights, and five (5) red LED marker lights shall be rubber grommet integrated into the top rear of the body tailgate d. x Rubber grommet mounted LED side marker lights. e. x Rubber grommet mounted LED turn signal mounted low near middle of body. f. x All wiring shall be in protective conduit or loom. g. x All wiring connections shall have permanent waterproof connectors. "Scotch -Lock" or other non -watertight connectors are unacceptable. h. x 80 dba backup alarm i. x One amber strobe light mounted at center portion of tailgate bustle, operated by dash mounted rocker switch. j. x LED work light mounted to illuminate hopper with individual toggle switch. k. x LED work light mounted to illuminate cart lift with individual toggle switch. 1. x 6.8" diagonal Safety Vision SV500 or approved equal 4 picture color monitor in. x Rear mounted camera (SV-620 or equal) shall provide clear view to rear of truck when backing. n. x Hopper mounted camera (SV-620 or equal) shall provide clear view of hopper and cart in dump position. x o. Side body mounted camera (SV 620 or equal) to show container at curb p. x Left side, mirror mounted camera to view traffic. ACCESSORIES: x a. Toolbox mounted left side underbody: 18" h. x 18" d. x 24" 1. aluminum diamond plate with vertical hinge, waterproof gaskets and drip rails, twist "T" or "D" handle latch. b. x Mounting brackets for one long handle square point shovel and one long handle push broom C. " One (1) heavy duty fire extinguisher bracket and 10 lb ABC fire extinguisher to be frame mounted next to toolbox x d. Mud guards at front of forward tandem axle. e. " Mud flaps in rear of the tandem axles (No logos). x f. All grease points must be accessible from ground level x g. Deflector shield to protect wiring at tailgate hinge point h. x Hopper work light i. x Air hose connection with flex hose & OSHA approved blower located in cab to aid in cleaning COLOR: a. x Exterior color — White polyurethane enamel 2. WARRANTY - 2.1 xYes No Cab and chassis will be warranted for 3 years/150,000 miles or the manufacturer's standard warranty, whichever is greater. 2.2 x Yes No Engine, drive train and axles will be warranted for 5 years/200,000 miles or the manufacturer's standard warranty, whichever is greater. 2.3 x Yes No Engine to include injectors, turbo, DEF system and drive axles shall be warranted for 5 five years/ 200,000 miles or the manufacturer's standard warranty, whichever is greater. 2.4 xYes No Allison transmission shall be warranted for five (5) years 2.5 x Yes No Refuse Body, Accessories, Paint and Installation will be warranted for 2 years or the manufacturer's standard warranty, whichever is greater. 2.6 xYes No Hydraulic Pump, hydraulic cylinders and valves shall be warranted for three (3) years. Successful vendor shall maintain one of each cylinder in stock at City of Fayetteville and authorize the City to perform warranty exchange with reimbursement of reasonable shop labor costs. 2.7 xYes No Warranty shall include all parts, labor, and transportation to the location of the warranty administrator. x 2.8 Yes No Vendor shall be responsible for warranty administration of entire unit. 2.9 Each unit shall be delivered with the following warranty documents which shall be placed into effect upon the first day unit is placed into service: YES a. Manufacturer's warranty which shall be honored at any local manufacturer -authorized dealership. YES b. Manufacturer's warranty shall be provided for each supplemental unit mounted on and delivered with each primary unit. YES c. Enter a yes or no on each warranty line (5.1-5.8). Do Not supply warranty papers for us to interpret whether you meet or not! If a simple yes or no is not chosen, your bid will be disqualified as incomplete. YES 3. STANDARDS - 3.1 Each unit shall meet or exceed the following applicable standards. YES a. Environmental Protection Agency's Exhaust Emission Standards (EPA). YES b. Occupational Safety and Health Administration Standards (OSHA). YES c. Arkansas State Highway Commission Regulations regarding vehicle markings, lighting and reflectors 4. DELIVER Y/DOCUMENTATION- 4.1 All units are to be delivered F.O.B. to the City's Fleet Operations facility, located at 1525 S. Happy YES Hollow Road, Fayetteville, Arkansas 72701, for compliance review and final acceptance 4.2 Delivery shall include the following documents as a minimum: YES a. Manufacturer's Certificate of Origin YES b. Odometer statement YES c. Dealer invoice YES d. A complete list with part numbers of all service filters and other regular preventive maintenance supplies. YES 4.3 Units must be fully assembled, serviced, and ready for operation as delivered. 5. MANUALS - 5.1 The successful bidder agrees to furnish one (1) set each of the following list of manuals: YES a. Operator's Manual (1 file copy plus one (1) copy for each machine purchased) YES b. Service Manual (Paper or Digital format) YES c. Parts Manual (Paper or Digital format) 5.2 Payment(s) may be held until all manuals and certifications are delivered to the City of Fayetteville Fleet Operations Division. 6. TRAINING - 6.1 Training quoted below shall be arranged through Fleet Operations for both, operators and technicians, by a qualified instructor at a location designated and provided by the City. YES a. Operator Training (REQUIRED) - This training shall include proper operating techniques and daily maintenance including lubrication, inspection of fluid checks and adjustments. This training shall be designed to instruct qualified vehicle operators. YES b. Maintenance Training (REQUIRED) - This training shall be designed to instruct qualified mechanics in techniques and procedures that are needed to understand the repair and YES maintenance of new unit model supplied. The factory shall provide 8 hours of training to the City of Fayetteville techs in a classroom and shop environment. 7. SUPPORT SERVICES - 7.1 Repair Parts Inventory - stock of standard repair parts for units bid must be available to the City of Fayetteville within twenty-four (24) hours of part(s) requested. Parts inventory availability will be considered in the purchasing decision. YES 7.2 Maintenance Service - Fully trained maintenance personnel shall be available for service within twenty-four (24) hours of repair requests. This shall include warranty service. Availability of maintenance personnel and facilities will be considered in the purchasing decision. Name and address of authorized repair facility for body and chassis must be included with bid. A fee of 100.00 per day can be accessed if a Warranty repair is not completed within (3) three days upon notification of a warranty repair being needed. YES 7.3 Body Warranty repairs will be performed by a fully trained dealer. The City of Fayetteville wishes to become the Warranty Dealer for the repairs and will work out terms with Manufacturer before bid is awarded. YES City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0117 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.6 WILLIAMS TRACTOR - HAY CUTTERS: A RESOLUTION TO APPROVE THE PURCHASE OF TWO RHINO FLEX WING BRUSH CUTTERS FROM WILLIAMS TRACTOR, INC. IN THE TOTAL AMOUNT OF $41,624.00, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of a Rhino 15' flex -wing brush cutter and a Rhino 20' flex -wing brush cutter from Williams Tractor, Inc. in the total amount of $41,624.00, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract. City of Fayetteville, Arkansas Page 1 Printed on 212512021 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2021-0117 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/10/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of a 15' flex -wing cutter and a 20' flex -wing cutter using Sourcewell Cooperative Contract # 062117-RHA pricing in the total amount of $41,624.00 through the dealer, Williams Tractor. 9700.770.1920-5802.00 Account Number 02083.2018 & '02083.2021 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Shop Fund Tractors and Mowers Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 281,701.00 $ 58,524.00 $ 223,177.00 $ 41, 624.00 181,553.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 02, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: February 10, 2021 CITY COUNCIL MEMO SUBJECT: Purchase of two (2) brush cutters for various departments. RECOMMENDATION: Council approves the purchase of a 15' flex -wing cutter and a 20' flex -wing cutter using Sourcewell Cooperative Contract # 062117-RHA pricing in the total amount of $41,624.00 through the dealer, Williams Tractor. BACKGROUND: Unit 5035 is a 2012 Rhino brush mower that has 14.5/15 points. Unit 5064 is a 2015 Brush Hog that has 14.7/15 points. These units have exceeded their life expectancies. DISCUSSION: A Rhino 15' flex wing cutter is available for $18,148.00 to replace Unit 5035, and a Rhino 20' flex wing cutter is available for $23,476.00 to replace Unit 5064 through the Sourcewell Cooperative Purchasing Agreement for a total of $41,624.00 from the local dealer, Williams Tractor. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected. This item was approved at Equipment Committee on February 09, 2021. Attachments: Quote from Williams Tractor. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Williams Tractor, Inc. 2501 SHILOH DRIVE P. O, BOX 1346 FAYETTEV ILL E, ARKANSAS 72702.1346 Phone 4791442-82a4 FAX 4791442.6013 Email: dowilliams@williamstractor.com City of Fayetteville Attn: Winston January 24, 2021 Please accept the following Rhino rotary cutter quote using the Sourcewell contract #062117-RHA 1. Rhino 4150 15' Flex -Wing cutter -4" Cutting Capacity -6 Tires (dual center, single wing) -safety chain shielding Sale Price $18,148.00 2. Rhino 6200 20' Flex Wing Cutter -4.5" Cutting Capcity -8 Tires (dual center and wings) -safety chain shielding Sale Price $23,476.00 *please add any applicable sales tax Thank you Tim Bailey City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0119 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.7 WILLIAMS TRACTOR - BOBCAT TRACK LOADER: A RESOLUTION TO APPROVE THE PURCHASE OF A BOBCAT TRACK LOADER WITH A FORESTRY CUTTER ATTACHMENT FROM WILLIAMS TRACTOR, INC. IN THE AMOUNT OF $94,778.47, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of a Bobcat track loader with a forestry cutter attachment from Williams Tractor, Inc. in the amount of $94,778.47, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract. City of Fayetteville, Arkansas Page 1 Printed on 212512021 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2021-0119 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/10/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of a Bobcat track loader with a 50" forestry cutter attachment using Sourcewell Cooperative Contract # 040319-CEC pricing in the total amount of $94,778.47 through the delivering dealer, Williams Tractor. Budget Impact: 9700.770.1920-5802.00 Shop Account Number Fund 02076.2019 & 02080.2016 Backhoes and Loaders/ Other Equipment Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 156,292.90 $ 156,292.90 $ 94, 778.47 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 02, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: February 10, 2021 CITY COUNCIL MEMO SUBJECT: Purchase of one (1) Skid Steer with forestry cutter attachment RECOMMENDATION: Council approves the purchase of a Bobcat track loader with a 50" forestry cutter attachment using Sourcewell Cooperative Contract # 040319-CEC pricing in the total amount of $94,778.47 through the delivering dealer, Williams Tractor. BACKGROUND: Unit 6005 is a 2013 Bobcat skid steer that has exceeded its life expectancy. Unit 9102 is a 2007 Vermeer woodchipper that has 12.2/15 points. It has been determined that the most efficient way to accomplish the tasks of this crew is to a different style of equipment. DISCUSSION: A Bobcat track loader is available for $61,422.48 and a 50" Forestry cutter attachment is available for $33,355.99 off the Sourcewell Cooperative Purchasing for a total of $94,778.47 through the local delivering dealer, Williams Tractor. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected. This item was approved at Equipment Committee on February 09, 2021. Attachments: Quote from Williams Tractor (delivering for Clark Company DBA Bobcat Company) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Product Quotation Quotation Number: HMM-25111v1 Date: 2021-01-26 08:31:55 Customer Name/Address: Bobcat Delivering Dealer ORDER TO BE PLACED WITH: Contract Holder/Manufacturer CITY OF FAYETTEVILLE G9674 Williams Tractor Clark Equipment Co dba Bobcat Fleet Operations Inc,Fayetteville,AR Company 1525 S HAPPY HOLLOW 2501 SHILOH DRIVE 250 E Beaton Dr, PO Box 6000 Fayetteville, AR 72701 P.O. BOX 1346 West Fargo, ND 58078 FAYETTEVILLE AR 72704-1346 Phone: 701-241-8719 Phone: (479) 442-8284 Fax: 855-608-0681 Fax: (479) 442-6013 Contact: Heather Messmer Heather. Messmer0doosan.com Description Part No T770 T4 Bobcat Compact Track Loader M0285 92 HP Turbo Tier 4 Diesel Engine Air Intake Heater (Automatically Activated) Auxiliary Hydraulics: Variable Flow Backup Alarm Bob-Tach Bobcat Interlock Control System (BICS) Controls: Bobcat Standard Engine/Hydraulic Systems Shutdown Horn Instrumentation: Engine Temp & Fuel Gauges, Hourmeter, RPM and Warning Lights P69 Performance Package Power Bob-Tach 7-Pin Attachment Control Kit High Flow 2-Speed C23 Comfort Package Enclosed Cab with AC/Heat Sound Reduction Cab Accessories Package Qty Price Ea. Total 1 $52,632.72 $52,632.72 Lift Arm Support Lift Path: Vertical Lights, Front & Rear Operator Cab • Includes: Adjustable Suspension Seat, Top & Rear Windows, Seat Bar, Seat Belt • Roll Over Protective Structure (ROPS) meets SAE41040 & ISO 3471 • Falling Object Protective Structure (FOPS) meets SAE-J1043 & ISO 3449, Level I; (Level II is available through Bobcat Parts) Parking Brake: Spring Applied, Pressure Released (SAPR) Tracks: Rubber, 17.7" wide Warranty: 2 years, or 2000 hours whichever occurs first M0285-P06-P69 1 $5,368.32 $5,368.32 Hydraulic Bucket Positioning Automatic Ride Control Reversing Fan M0285-P07-C23 1 $3,421.44 $3,421.44 Standard Panel Adjustable Suspension Seat Selectable Joystick Controls (SJC) M0285-R01-004 1 $680.40 $680.40 Telematics US M0285-R51-0O2 1 $0.00 $0.00 50" Forestry Cutter with 2-spd 7204123 1 $20,766.24 $20,766.24 --- Tier 4 Forestry Applications Kit, M Series 7257723 1 $7,262.28 $7,262.28 --- Engine Compartment Seal Kit, 700 Series 7309976 1 $960.85 $960.85 80" Severe Duty Bucket 7326129 1 $1,232.72 $1,232.72 --- Bolt -On Cutting Edge, 80" 6718008 1 $248.00 $248.00 Total of Items Quoted Freight Charges Dealer Assembly Charges Quote Total - US dollars $92,572.97 $1,733.00 $472.50 $94,778.47 Notes: *Prices per the Sourcewel/ Contract-040319-CEC *Terms Net 30 Days. Credit cards accepted. *FOB Origin within the 48 Contiguous States. *Delivery: 60 to 90 days from ARO. *State Sales Taxes apply. Must include a Tax Exempt Certificate with order placed. *TID# 38-0425350 *Orders Must be Placed With; Clark Equipment dba Bobcat Company, Govt Sales, 250 E Beaton Drive, West Fargo, ND 58078. ORDER ACCEPTED BY: SIGNATURE PRINT NAME AND TITLE SHIP TO ADDRESS: BILL TO ADDRESS (if different than Ship To): DATED PURCHASE ORDER # El City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0120 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.8 WILLIAMS TRACTOR - TOWMASTER SEMI -TRAILER: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A TOWMASTER SEMI -TRAILER FROM WILLIAMS TRACTOR IN THE AMOUNT OF $80,428.00 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of a Towmaster Semi -Trailer from Williams Tractor in the amount of $80,428.00 plus any applicable tax and freight charges, pursuant to a Sourcewell cooperative purchasing contract. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 212512021 City of Fayetteville Staff Review Form 2021-0120 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Sara Glenn 2/10/2021 FLEET OPERATIONS (770) Submitted By Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of a Towmaster Semi -trailer using Sourcewell Cooperative Contract # 121918-MNR pricing in the total amount of $80,428.00 through the dealer, Williams Tractor. Budget Impact: 9700.770.1920-5802.00 Shop Account Number 02080.2021 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Other Equipment Project Title $ 110,000.00 110,000.00 $ 80,428.00 $ 55,500.00 $ 85,072.00 Purchase Order Number: Previous Ordinance or Resolution # V20180321 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF w4wrl FAYETTEVILLE ARKANSAS MEETING OF MARCH 02, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: February 10, 2021 CITY COUNCIL MEMO SUBJECT: Purchase of one (1) Semi -trailer for Transportation RECOMMENDATION: Council approves the purchase of a Towmaster Semi -trailer using Sourcewell Cooperative Contract # 121918-MNR pricing in the total amount of $80,428.00 through the dealer, Williams Tractor. BACKGROUND: Unit 9202 is a 2015 Kraftsman semi -trailer that has 14.1/15 points. This is the only trailer in Transportation that is capable of towing our larger items, such as the roller and other heavy paving equipment from location to location. DISCUSSION: A tow master semi -trailer is available off the Sourcewell Cooperative Purchasing Agreement for $80,428.00 through the dealer, Williams Tractor. BUDGET/STAFF IMPACT: These trailers have increased significantly over the years and have added safety features. For those reasons, a budget adjustment will be presented to City Council and the shortfall in collection will be added to the collection of this trailer_ This item was approved at Equipment Committee on February 09, 2021. Attachments: Quote from Williams Tractor Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Williams Tractor, Iraq 2501 SHILOH DRIVE P 0, BOX 1346 FAYETTEVILLE, ARKANSAS 72702-1346 Phone 479/442-6294 FAX 479/442.6013 Ernall: dewillisms®wllllamstractor.aom City of Fayetteville Attn: Sara January 29, 2021 Please accept the following trailer quote using the Sourcewell contract 121918-MNR. 1. 2021 Towmaster T-110DTG Detachable Trailer -meeting all of the revised specifications Sale Price $80,428.00 *Please add Federal Excise Tax if applicable *delivered to Fayetteville, AR Thank you for considering Williams Tractor and Towmaster Trailers Tim Bailey snip fo: cust: CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE ATTN: Tim Bailey a4ILE� Reference No. QT 61824 11 moue: Bill To: Phone: MONROE TOWMASTER (SOURCEWELL) CONTRACT# 121918-MNR 61381 US HWY 12 AR 72701 USA LITCHFIELD MN SS355 USA Discounts: 16.00% .00% .00% City of Fayetteville 113 W Mountain St Fayetteville, AR 72701-6083 ID# 34143 Qty Feature Description 1 Base Model - T-11ODTG (Five Position Air Pin) 1 Std Features - Gooseneck 1 Plug - 7 Pole Round Socket 1 Hitch/Neck - ill 10" (96" Swing Clearance w/ 50" King Pin Height) 1 Option -Gooseneck - Gooseneck Fenders 1 Std Features - Ramps 2 Ramps - 31" Front Flip (Grousers) 1 Ramps - Front Center Ramp, Aluminum, Standard Length 1 Std Features - Main Deck 24 Deck Length - In Feet 24 Decking Type - Full 2" Oak Width - 102" Overall 1 Deck Height - 24" Loaded List $80,780.00 $1,495.00 $755.00 1 Lights - L.E.D. — *--- Continued --- NOTE: If changes are made to an order after a P.O. has FET required on all trailers with a GVWR OF 26,000 Ibs or more. been issued, a fee may be assessed and a revised or new P.O. MUST BE submitted to reflect changes. Price: Total Discounts: Accepted by Date NPt Cnst- TRLQF00 Freight Material Surcharge: Total Due: U: d f Reference No. - QT 61824 QUOTATION Ship To: Cust: 11 Phone: Bill To: Phone: CITY OF FAYETTEVILLE MONROE TOWMASTER (SOURCEWELL) 113 W MOUNTAIN ST CONTRACT# 121918-MNR 61381 US HWY 12 FAYETTEVILLE AR 72701 USA LITCHFIELD MN 55355 USA ATTN: Tim Bailey PO# Salesman Terms Created Last Revised Appx Comp ANNA JOHNSON CASH IN ADVANCE 1 1/29/21 1/29/21 0/00/00 Serial No. Discounts: 16.00% .00`k .00� Qty Feature Description List 1 Option -Main Deck - Front double -outriggers 1 Option -Main Deck - Heavy -Duty Swing -Out Out -riggers 1 Option -Main Deck - Bucket Plate $520.00 24 Option -Main Deck - Center Filled Deck, 211Oak $1,080.00 1 Std Features - Chain/ Tool Storage (weld -on) located front part of deck 1 Option -Main Deck - Side Rail Stiffeners $710.00 4 Option -Main Deck - Out -rigger Boards (Oak) w/ Hold-down Bars (2" X 12' ) 1 Option -Main Deck - LOCKABLE LID FOR STORAGE TRAY $120.00 COVER CHAIN TRAY REMOVE TAB FOR ROLLER TO GO OVER 20 Tie Downe - D-Rings $320.00 1 Std Features - Suspension 3 Axles - 25K Oil Bath, Air Ride, 55" Spread 3 Brakes - Air Brakes, 2S/lM ABS 12 Tires - 255/70R X 22.5, H 12 Wheels - 10 Bolt, Outboard, Hub Piloted Steel 1 Option -Suspension - Air Suspension Dump Valve and Pressure Gauge *--- Continued --- NOTE: If changes are made to an order after a P.O. has FET required on all trailers with a GVWR OF 26,000 111 or more. been issued, a fee may be assessed and a revised or new P.O. MUST BE submitted to reflect changes. Price: Total Discounts: Accepted by Date Net Cost: TRLQF00 Freight Material Surcharge: Total Due: awp " v: t ust: CITY OF FAYETTEVILLE 113 W MOUNTAIN ST FAYETTEVILLE ATTN: Tim Bailey f. QUOTATION 11 I'hu��r: Bill To: Phone: MONROE TOWMASTER (SOURCEWELL CONTRACT# 121918-MNR 61381 US HWY 12 AR 72701 USA LITCHFIELD Rty Feature Description 1 Option -Suspension - Air Raise/Lower Kit (appx + or - 411) 1 Option -Suspension - Axle Lift Kit (rear axle) 1 Std Features - Wheel Area Reference No. QT 61824 MN 55355 USA 16.00% .00% .00% List $695.00 $1,625.00 1 Option -Trunnion - FULL WIDTH REAR DECK - STEEL $3,240.00 1 Option -Trunnion - 3' Slope Ahead of Axles at 24 Degrees (adds 14" $2,470.00 onto deck Length) 1 Option -Paint/ Elec - L.E.D. Strobe Light Kit (Switched and Mounted) $685.00 1 Option -Paint/ Elec - Flasher Kit for Marker Lights w/ Battery Pack $410.00 1 Trailer Color - Equipment Black Freight $1,780.00 NOTE: If changes are made to an order after a P.O. has FET required on all trailers with a GVWR OF 26,000 Ibs or more. been issued, a fee may be assessed and a revised or new P.O. MUST BE submitted to reflect changes. Price: $94, 905.00 Total Discounts: $15, 184. 80 Accepted by Date Net Cnct- Coo _ 7,.in in TRLQF00 Freight $1, 780.00 Material Surcharge: Total Due: $81,500.20 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number FLEET OPERATIONS (770) 2021 /Org2 Requestor: Sara Glenn BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Moving funds from 02083 rollover excess to 02080 for semi -trailer TRAN_F057 (new unit # 9297). Semi -trailers have increased significantlyover the years and have added safety features. COUNCIL DATE: LEGISTAR FILE ID#: 3/2/2021 2021-0120 HoRy 3la,(,� 2/10/2021 1:49 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) I GLDATE: 3/2/2021 RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - _ v.20210104 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 9700.770.1920-5802.00 55,500 - 02080 2021 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (55,500) - 02083 2019 EX Vehicles & Equipment - base H:\Budget Adjustments\2021_Budget\City Council\03-02-2021\2021-0120 BA Transportation Semi -trailer 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0122 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.9 STRIBLING EQUIPMENT, LLC: File Type: Resolution A RESOLUTION TO AUTHORIZE THE PURCHASE OF A JOHN DEERE LOADER FROM STRIBLING EQUIPMENT, LLC OF SPRINGDALE, ARKANSAS IN THE AMOUNT OF $150,765.00, PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of a John Deere loader from Stribling Equipment, LLC of Springdale, Arkansas in the amount of $150,765.00, plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract. City of Fayetteville, Arkansas Page 1 Printed on 212512021 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2021-0122 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/10/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of a John Deere 524 Wheel Loader using Sourcewell Cooperative Contract # 032119-JDC pricing in the total amount of $150,765.00 through the dealer, Stribling Equipment, LLC. 9700.770.1920-5802.00 Account Number 02076.2021 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Shop Fund Backhoes/Loaders Project Title $ 250,000.00 $ 250,000.00 $ 150,765.00 99,235.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 02, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: February 10, 2021 SUBJECT: Purchase of one (1) Wheel Loader for RTC CITY COUNCIL MEMO RECOMMENDATION: Council approves the purchase of a John Deere 524 Wheel Loader using Sourcewell Cooperative Contract # 032119-JDC pricing in the total amount of $150,765.00 through the dealer, Stribling Equipment, LLC. BACKGROUND: Unit 6007 is a 2013 John Deere 524K front end loader that has 14.7/15 points and has exceeded its life expectancy. DISCUSSION: A John Deere 524 front end loader is available through the Sourcewell Cooperative Purchasing Agreement for $150,765.00 through the dealer, Stribling Equipment. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected. This item was approved at Equipment Committee on February 09, 2021. Attachments: Quote from Stribling Equipment, LLC. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 JOHN DEERE STRIBLING c muu Quote Summary Prepared For: Prepared By: PRESTON WILLIAMS Stribling Equipment, LLC 3838 Wagon Wheel Rd Springdale, AR 72762 Phone: 479-756-9779 preston.williams@striblingequipment.com Stribling Sourcewell Contract #: 8200036667 Quote Id: 23466813 Created On: 12 January 2021 Last Modified On: 14 January 2021 Expiration Date: 31 March 2021 Equipment Summary JOHN DEERE 524 P WHEEL LOADER John Deere Extended Warranty-36/3,000 PTH Powertrain & Hydraulics, 3000Total Hours or 36Total Months, $ 0.00 Deductible Equipment Total Selling Price Qty Extended $ 150,765.00 X 1 = $ 150,765.00 $0.00 X 1 = $0.00 Quote Summary Equipment Total DOCUMENTATION FEE SubTotal Total Down Payment Rental Applied Balance Due $ 150,765.00 $ 150,765.00 $ 0.00 $ 150,765.00 $ 150,765.00 (0.00) (0.00) $ 150,765.00 Salesperson : X Confidential Accepted By: X aJOHN DEERE EQUIiPMiE�+NT Quote Id: 23466813 Selling Equipment JOHN DEERE 524 P WHEEL LOADER Equipment Notes: Contract #: 8200036667 Hours: Stock Number: Code 6020DW Description 524 P WHEEL LOADER Qty 1 Standard Options - Per Unit 170C JDLink Ultimate 5 Year Subscription 1 0924 John Deere PowerTech Engine 1 1010 Standard Wheel Loader 1 1110 5-Speed Powershift Transmission 1 1210 100 amp Alternator 1 1330 Chrome Curved Stack 1 1430 Engine Air Intake System with 1 Centrifugal Precleaner 1520 Automatic Reversing Hydraulic Fan 1 1610 Standard Fuel Filter with Water 1 Separator and Standard Fuel Fill 1905 Standard Cab 1 1940 7 inch Monitor 1 1970 Hydrau Hydraulic Fluid 1 2026 High Lift Plus Z-BAR 1 2120 Steering Wheel Only 1 2240 Premium Seat, Heated and Ventilated 1 with Heavy Duty Air Suspension 2360 Joystick Controls 1 2403 Three Function Hydraulics 1 2520 Less Ride Control 1 2605 English Decals and Manuals 1 2708 8 Amp Converter 1 2890 No Payload Scale without Cycle 1 Counter 3046 Front Hydraulically Locking Differential 1 and Rear Conventional Differential Axles 3120 Manual Axle Differential Lock 1 4932 No Brand Preference 1 5530 Standard Front Fenders 1 5610 Left Side Steps Only 1 5840 No Fork Frame 1 5940 No Tines 1 7120 Halogen Work and Drive Lights 1 Confidential aJOHN DEERE sSTRIBLING 0 ° Selling Equipment Quote Id: 23466813 8220 Rear Hitch and Counterweight 1 8240 Rear Camera 1 8298 No Strobe Beacon or Left Beacon 1 Bracket 8310 Standard Exterior Mirrors 1 8360 Standard Radio 1 8450 Cab with Air A/C Charge 1 8560 Hydraulic Coupler - JRB 416 Pattern 1 8850 Bolt -on Cutting Edge 1 8905 2.75 Cu. Yd. Bucket 1 9065 Axle Oil Cooling and Filtration 1 9707 20.5R25 1 STAR L2 NO BRAND 1 PREFERRED RADIAL TIRES WITH 3 PC RIMS Service Agreements John Deere Extended Warranty - 36/3,000 PTH Confidential City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0118 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.10 RIGGS TRACTOR COMPANY: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A CATERPILLAR 308 EXCAVATOR GENERATOR FROM RIGGS TRACTOR COMPANY FOR THE TOTAL AMOUNT OF $96,564.99 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of a Caterpillar 308 Excavator Generator from Riggs Tractor Company for the total amount of $96,564.99 plus any applicable tax and freight charges pursuant to a Sourcewell cooperative purchasing contract. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 212512021 Sara Glenn City of Fayetteville Staff Review Form 2021-0118 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item FLEET OPERATIONS (770) Submitted By Submitted Date Division / Department Action Recommendation: 2/10/2021 A resolution to authorize the purchase of a Caterpillar 308 Excavator generator using Sourcewell Cooperative Contract # 032119-CAT pricing in the total amount of $96,564.99 through the dealer, Riggs Tractor Company and to approve a budget adjustment. Budget Impact: 9700.770.1920-5802.00 Shop Account Number 02076.2021 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: Fund Backhoes/Loaders Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 250,000.00 250,000.00 $ 96,564.99 $ 99,000.00 $ 252,435.01 V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 02, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: February 10, 2021 SUBJECT: Purchase of one (1) Excavator for RTC CITY COUNCIL MEMO RECOMMENDATION: Council approves the purchase of a Caterpillar 308 Excavator generator using Sourcewell Cooperative Contract # 032119-CAT pricing in the total amount of $96,564.99 through the dealer, Riggs Tractor Company. BACKGROUND: Unit 6022 is a 2017 John Deere Backhoe that has 15/15 points. This unit isn't in the budget to be replaced until 2023, however, it has suffered severe damage due to how it has to be used in the transfer station. It is no longer a logical decision to repair this unit, but to replace it with something that will perform the duty better. DISCUSSION: A Caterpillar 308 Excavator is available off the Sourcewell Cooperative Purchasing Agreement for $96,564.99 through the dealer, Riggs Caterpillar. BUDGET/STAFF IMPACT: We will be requesting to use fund balance because this item was not budgeted in this year's budget. The shortfall in collection will be made up as we collect for the future replacement of this unit. This item was approved at Equipment Committee on February 09, 2021. Attachments: Quote from Riggs Tractor Company. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Quote Quote 149202-02 Riggs February 5, 2021 CITY OF FAYETTEVILLE 1525 S HAPPY HOLLOW RD FAYETTEVILLE, Arkansas 72701-7258 Attention: WINSTON MCGOWAN RE: 149202-02 Dear Winston McGowan, We are pleased to quote the following for your purchase consideration. One (1) New Caterpillar Model: 308 Compact Radius Excavator w Swing Boom with all standard equipment in addition to the additional specifications listed below: STOCK NUMBER: SELL PRICE NET BALANCE DUE BEFORE TAX BALANCE SERIAL NUMBER: YEAR: 2021 SMU: ADDTITIONAL CONSIDERATIONS • Pricing pursuant to the terms of Sourcewell Cooperative Contract # 032119-CAT WARRANTY Standard Warranty: 24 Months / 2000 Hours Premier (TOTAL MACHINE) $96,564.99 $96,564.99 $96,564.99 Thank you for your interest in Riggs CAT and Caterpillar products for your business needs. This quotation is valid for 30 days, after which time we reserve the right to re -quote. If there are any questions, please do not hesitate to contact me. Sincerely, Steve Smith Machine Sales Representative Riggs CAT Steves@jariggs.com +1 (479) 601-1330 Page 1 of 3 Quote Quote 149202-02 One (1) New Caterpillar Model: 308 Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below: STANDARD EQUIPMENT POWERTRAIN - CAT C3.313 diesel engine - ISO 9249/EEC 80/1270 - Rated net power 55kW/72hp - Automatic engine idle - Automatic swing brake - Automatic two speed travel - Fuel water separator with indicator - Radial seal air filter - Double element with warning indicator - Extended life coolant - 37C UNDERCARRIAGE - Greased and lubricated track - Hydraulic track adjusters - Tie down eyes on track frame - HYDRAULICS - Smart tech electronic pump - Variable displacement piston pump - Load sensing/flow sharing hydraulics - Power on demand - Hydraulic temperature monitoring - Accumulator - certified - Hydro advanced hydraulic oil - ELECTRICAL - 60 ampere alternator - 850 CCA maintenance free battery - Battery disconnect - Circuit breaker - Ignition key stop switch - Signaling/warning horn - Work lights - - Cab, boom left, front right - - Courtesy safety light - OPERATOR ENVIRONMENT - Sealed and pressurized cab - Ergonomic joysticks control levers - Adjustable wrist rests - Air conditioner/heater with defroster & - Automatic temp control - Coat hook - Color LCD monitor: - - Fuel level, coolant temp, & warning - indicators - - Maintenance and machine monitoring - - Performance & machine adjustments - - Numeric security code - - Multiple languages - - Hour meter - - Ground level wakeup switch - - Jog dial control interface - Cup holder - Hydraulic lockout for all controls - LED interior light - Literature holder - Mirror rear view - Cab left - Molded footrests - Openable front windshield with assist & - integrated lower window - Rear window emergency exit - Removable washable floor mat - Retractable seat belt - Seat, fabric, high back, suspension - Travel control pedals with hand levers - Utility space for mobile phone - Front post mounted windshield wiper & - washer - Skylight - Mounting bosses for front & top guard FLUIDS - Extended life coolant - 37C - Hydro advanced hydraulic oil OTHER STANDARD EQUIPMENT - Accumulator, certification - Caterpillar corporate 'one key" system - Door locks on cab door and external - enclosure doors - Lockable fuel cap - Beacon Socket - Ecology drain - engine - Radial seal engine air filter, double - element with restriction indicator - Side by side engine & hydraulic oil - cooler - Hydraulic fluid temperature monitoring - Joystick travel and steering mode - Travel cruise control - High definition hydraulics - - load sensing/flow sharing - Power on demand - Rear reflectors - Roll over protective structure (ROPS) - (ISO 12117-2) - Product link elite lite (regulations - apply) - Auxiliary hydraulic lines: - - 1-way and 2-way (combined function) - - Auxiliary line quick disconnects - - In cab adjustable auxiliary flow - - Continuous flow - Page 2 of 3 Quote Quote 149202-02 MACHINE SPECIFICATIONS 308 NEXT GENERATION EXCAVATOR SEALED AND PRESSURIZED CAB WITH A/C AUTOMATIC TWO SPEED TRAVEL STEEL U/C, TRIPLE GROUSER W/RUBBER BOLT ON PADS (rubber tracks available for reduced cost) CAT ENGINE, EPA TIER 4 FINAL, 74.3 HP STANDARD BLADE WITH FLOAT CONTROL AUTO IDLE AND AUTO SHUTDOWN (programmable) STICK, LONG SEAT, AIR SUSP, FABRIC, HEATED CAT KEY, WITH PASSCODE OPTION MONITOR NEXT GEN, ADVANCED BOOM, SWING LINES, BOOM LINES, STICK LINES, AUX, QC, LONG STK CONTROL, QUICK COUPLER COUNTERWEIGHT, EXTRA 382-8757 DRAIN, ECOLOGY COMPASS CONTROL SYSTEM (complete operation, maintenance, peformance and security system, security codes,aux. hyd function selection, performance settings, pattern control changer and more) MACHINE TRAVEL CRUISE CONTROL LIGHTS RADIO, AM/FM, BLUETOOTH W USB AND SPEAKER PRODUCT LINK, CELLULAR, PLE643 CAMERA, REAR VIEW HEATER, WATER JACKET LINKAGE, BUCKET W/ LIFTING EYE STICK STEER CONTROL (easily switch from traditional travel controls with levers and pedals to joystick controls with the push of a button) PATTERN CONTROL CHANGER HYDRAULIC LOCK OUT CONTROLS FOR SAFETY BUCKET -HEAVY DUTY, 36" OPTIONS: Components Ref No. Qty Sell CSA 24 MO/1000 HR PARTS ONLY (parts and fluids required for n/c scheduled maintenance for 24mo/ 1,00 hours) Page 3 of 3 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number FLEET OPERATIONS (770) 2021 /Org2 Requestor: Sara Glenn BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Unit 6022 (SWST F056) is a 2017 John Deere Backhoe that has 15/15 points. This unit isn't in the budget to be replaced until 2023, however, it has suffered severe damage due to how it has to be used in the transfer station. It is no longer a logical decision to repair this unit, but to replace it with something that will perform the duty better. Due to the funds not being in the budget until 2023, this BA is needed to access fund balance. COUNCIL DATE: LEGISTAR FILE ID#: 3/2/2021 2021-0118 HoRy 3la,(,� 2/11 /2021 11:16 AM Budget Director Date TYPE: JOURNAL #: I GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 99,000 99,000 v.20210104 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 9700.770.1910-4999.99 - 99,000 RE Use Fund Balance - Current 9700.770.1920-5802.00 99,000 - 02076 2021 EX Vehicles & Equipment - base H:\Budget Adjustments\2021_Budget\City Council\03-02-2021\2021-0118 BA RTC Backhoe 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0124 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.11 LANDSCAPE STRUCTURES, INC.: File Type: Resolution A RESOLUTION TO AUTHORIZE THE PURCHASE OF PLAYGROUND SAFETY SURFACING FROM LANDSCAPE STRUCTURES, INC. FOR INSTALLATION AT BRYCE DAVIS, SWEETBRIAR, AND DAVID LASHLEY PARKS IN THE AMOUNT OF $87,998.90 PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A PROJECT CONTINGENCY OF $8,800.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of playground safety surfacing from Landscape Structures, Inc. for installation at Bryce Davis, Sweetbriar, and David Lashley Parks in the amount of $87,998.90, pursuant to a Sourcewell Cooperative Purchasing Contract, and further approves a project contingency of $8,800.00. City of Fayetteville, Arkansas Page 1 Printed on 212512021 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2021-0124 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/10/2021 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Resolution to approve the purchase and installation of playground safety surfacing at Bryce Davis, Sweetbriar, and David Lashley from Landscape Structures, Inc pursuant to Sourcewell Cooperative Purchasing Program in the amount of $87,998.90 with a project contingency of $8,800. Budget Impact: 2250.520.9255-5806.00 Parks Development Account Number Fund 21005.1 Trail, Pavilion and Neighborhood Park Improvements Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 130,000.00 $ 130,000.00 $ 87,998.90 42,001.10 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 2, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry, Parks Maintenance Superintendent DATE: February 10, 2021 SUBJECT: Resolution to approve the purchase and installation of playground safety surfacing at Bryce Davis, Sweetbriar, and David Lashley Parks from Landscape Structures, Inc pursuant to Sourcewell Cooperative Purchasing Program in the amount of $87,998.90 with a project contingency of $8,800. RECOMMENDATION: Resolution to approve the purchase and installation of playground safety surfacing at Bryce Davis, Sweetbriar, and David Lashley Parks from Landscape Structures, Inc pursuant to Sourcewell Cooperative Purchasing Program in the amount of $87,998.90 with a project contingency of $8,800. BACKGROUND: Proper fall surfacing for playgrounds is required underneath playground equipment to minimize injury from falls. Playgrounds at Bryce Davis, David Lashley, and Sweetbriar Parks were installed in 2008. These playgrounds were built with rubber tile fall surfacing. Within a few years, these playground surfaces begin to fail and created large cracks between the tiles due to expansion and contraction. These failures occurred outside of the one-year manufacturer's warranty period. Staff has tried multiple times to repair the playground tiles including in-house repair efforts and working with the playground installer, RJR. These repairs lasted for some time, but ultimately failed again, creating large cracks between the tiles. In 2018, the City contracted with sofSURFACE, the tile manufacturer, to remove and reinstall the existing tiles utilizing an improved installation procedure at a discounted price with no guarantee this would work. This repair lasted for a couple years but has now failed again, separating at the seam and creating large cracks which creates a tripping and safety hazard. DISCUSSION: The three playground structures located at Bryce Davis, Sweetbriar, and David Lashley Parks are in good shape and still have a viable life span. The playground safety surfacing has failed after multiple attempts to repair and needs to be replaced with a new product. The most cost- effective safety surfacing to install under these existing playgrounds is an artificial turf surface with a pad installed underneath the turf to provide the required fall protection. Landscape Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Structures, Inc., the manufacturer of the playground equipment, has provided quotes to install XGRASS Prime surfacing. The fall surfacing is uniquely sized for each playground to accommodate the site -specific Critical Fall Height and meets all safety and accessibility standards. The product contains a 10-year limited warranty and is expected to last for the remaining viable life of the playgrounds. BUDGET/STAFF IMPACT: The proposal to install new playground safety surfacing at Bryce Davis, David Lashley, and Sweetbriar Parks will cost $87,998.90 which includes the cost of materials and labor. A project contingency in the amount of $8,800, for a total project cost of $96,798.90, is requested. Sufficient funding is available in the Trail, Pavilion, and Neighborhood Park Improvements Project utilizing Parks Development Funds (HMR). Attachments: Landscape Structure, Inc Proposal ALL PURCHASE ORDERS, CONTRACTS. AND Sou rcewell FloCHECKS TO BE MADE OUT TO: LANDSCAPE STRUCTURES, INC- la- _ Contract 601 7TH STREET SOUTH la round a a a DELANO, MN 55328 U.S.A. p Y9 CormsctN=117-LSI 763-972-3391 30032"035 adventures Fax: 763-972-3165 CONTACT: ByronHumpluy ORGANIZATION City of Fayetteville Parks and Recreation EMAIL: bhumphrv(d.)favettevllle-ar.QOV PHONE: 479-575-8368 FAX: SHIP TO: Bryce Davis Park 1595 N Dartmouth Ave, Fayetteville, AR 72704 BILL TO: Invoice will be entailed to email address above unless another email address or mailing address is provided Quote January 5, 2021 DATE Destination: Fayetteville, AR 72704 F.O.B. FREIGHT c Prepaid D Collect TERMS (Subject To Credit Approval By ACS) SHIPPING TIME Equipment Pricing Good for 60 days All Other Pricing Good for 60 Days from Date of Proposal We are pleased to submit this proposal to supply the following items QTY ITEM NO. DESCRIPTION UNIT WT I UNIT PRICE WEIGHT1 EXTENDED AMT Project Name: Sweetbriar Park Turf 1 CUST20-09 Custom Playground: See attachment for full scope of 25,000.00 - $ 25,000.00 includes delivery and installation $ - 1 CUST20-02 1,500.00 - $ 1,500.00 1 Quoted with Sourcewell Agreement (3,051.00) - $ (3,051.00) Landscape Structures Contract #030117-LSI $ SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY ACS PLAYGROUND ADV. ALL ORDERSARE TAXABLE UNLESS A SALES TAX EXEMPTION IS PROVIDED. AGENT LETTER MUST ALSO BE PROVIDED WITHACS PLAYGROUND AD VENTURESAS AUTHORIZED USER OF THE SALES TAX EXEMPTION. IF NO AGENT LETTER IS PROVIDED SALES TAX FOR MATERIALS MAYBE CHARGED BACK TO THE CUSTOMER. AN APPROVED 1 ORDER 1 IN LEW OF A SIGNATURE ACCEPTED BY CUSTOMER or APPROVED PO # DATE PRINT NAME PROPOSED BY ACS REPRESENTATIVE DATE Rob Green 479-305-5050 PRINT NAME SUBTOTAL MATERIAL $ 23,449.00 INSTALLATION I $ FREIGHT $ - Sales Tax Rate Taxable 10.000% $ 2,344.90 TOTAL $ 25,793.90 aAL ALL PURCHASE ORDERS, CONTRACTS, AND * CHECKS TO BE MADE OUT TO: LANDSCAPE STRUCTURES ,6017TH STREET SOUTH la round INC- Awarded DELANO. MN 55328 U.S.A. p yq GonmscR L 030 t77�51 763.972-3391 80032"035 adventures Fax: 763-972-3185 CONTACT: Byron Humphry ORGANIZATION City Of Fayetteville Parks and Recreation EMAIL: bhumphry(a7,fayetteyllle-ar.gov PHONE: 479-575-8368 FAX: SHIP TO: Bryce Davis Park 1595 N Dartmouth Ave, Fayetteville, AR 72704 BILL TO: Invoice will be emailed to email address above unless another email address or mailing address is provided Quote January 5, 2021 DATE Destination: Fayetteville, AR 72704 F.O.B. FREIGHT c Prepaid o Collect TERMS (Subject To Credit Approval By ACS) SHIPPING TIME Equipment Pricing Good for 60 days All Other Pricing Good for 60 Days from Date of Proposal We are pleased to submit this proposal to supply the following items OTY I DESCRIPTION I UNIT WT I UNIT PRICE IWEIGHT EXTENDED AMT Project Name: Bryce Davis Park Turf 1 CUST20-12 Custom Playground: See attachment for full scope of work 40,000 $ 40,000.00 includes delivery and installation $ 1 Sourcewell Agreement (2,627.00) - $ (2,627.00) Landscape Structures Contract #030117-LSI $ SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE Total Weight ORDER ONLY UPON APPROVAL BY ACS PLAYGROUND ADV. SUBTOTAL MATERIAL $ 37,373.00 ALL ORDERS ARE TAXABLE UNLESS A SALES TAX EXEMPTIONIS PROVIDED. AGENT LETTER MUST ALSO BE PROVIDED WITHACS PLAYGROUND ADVENTURES AS AUTHORIZED USER OF THE SALES TAX EXEMPTION. IFNO AGENT LETTER IS PROVIDED SALES TAX FOR MATERIALS MAYBE CHARGED BACK TO THE CUSTOMER. AN APPROVED PURCHASE ORDER 1 IN LEIIU OF A SIGNATURE ACCEPTED BY CUSTOMER or APPROVED PO # DATE PRINT NAME PROPOSED BY ACS REPRESENTATIVE DATE Rob Green 479-305-5050 PRINT NAME INSTALLATION FREIGHT $ Sales Tax Rate Taxable 10.000% 1 $ 3,737.30 TOTAL 1 $ 41,110.30 Aft ALL PURCHASE ORDERS, CDNTRACTS, AND Quote CHECKS TD BE MADE OUT TO: LANDSCAPE STRUCTURES, INC. Awarded Cont ract 601 7TH STREET SOUTH playground DELANO, MN 55328 U.S.A. January 5, 2021 �„tr� # o30117-LS1 763-972-3391 800-32"036 DATE adventures Fax: 763-972.3186 CONTACT: Byron Humphry ORGANIZATION City of Fayetteville Parks and Recreation EMAIL: bhUmphry(C17,fayetteyllle-ar qgy PHONE: 479-575-8368 Destination: Fayetteville, AR 72701 FAX: F.O.B. FREIGHT D Prepaid Collect SHIP TO: Rodney Ryan Park 1852 S River Meadows Dr Fayetteville, AR 72701 TERMS (Subject To Credit Approval By ACS) BILL TO: Invoice will be emailed to email address above SHIPPING TIME unless another email address or mailing address is provided Equipment Pricing Good for 60 days All Other Pricing Good for 60 Days from Date of Proposal We are pleased to submit this proposal to supply the following items: QTY DESCRIPTION I UNIT WT I UNIT PRICE IWEIGHT EXTENDED AMT Project Name: Rodney Ryan Park Turf 1 CUST20-07 Custom Playground: See attachment for full scope of work 15,000.00 - $ 15,000.00 includes delivery and installation $ - 1 CUST20-05 7,500.00 $ 7,500.00 1 Quoted with Sourcewell Agreement (3,323.00) - $ (3,323.00) Landscape Structures Contract#030117-LSI $ SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY ACS PLAYGROUND ADV. ALL ORDERS ARE TAXABLE UNLESS A SALES TAX EXEMPTIONIS PROVIDED. AGENT LETTER MUST ALSO BE PROVIDED WITHACS PLAYGROUND ADVENTURES AS AUTHORIZED USER OF THE SALES TAX EXEMPTION. IFNO AGENT LETTER IS PROVIDED SALES TAX FOR MATERIALS MAYBE CHARGED BACK TO THE CUSTOMER. AN APPROVED PURCHASE ORDER 1 IN LEI1U OF A SIGNATURE ACCEPTED BY CUSTOMER or APPROVED PO # DATE PRINT NAME PROPOSED BY ACS REPRESENTATIVE DATE Rob Green 479-305-5050 PRINT NAME SUBTOTAL MATERIALS $ 19,177.00 INSTALLATION1 $ FREIGHT $ - Sales Tax Rate Taxable 10.000% $ 1,917.70 TOTAL $ 21,094.70 Sweetbriar Park —Turf Project CITY OF 4.._ FAYETTEVILLE ARKANSAS ,Jw F ound tures I I �■ Idi p Rob Green I ACS Playgrounds Adventures 479-305-5050 1 robg@acsplay.com I acsplay.com CITY OF FAYETTEVILLE ARKANSAS XGRASS PRIME SPECIFICATIONS: Secondary Backing: Fiber Type: Omega S, 100% Polyethylene Fiber Mass: 10800 Denier, 7300 Denier Thatch Tufting Gauge: 1 /4" Primary Backing: 7.1 oz/yd' Stablized Multi -layer Woven Polypropylene Non Woven Scrim: 2.7 oz/yd' Total Weight:72.7 oz/yd' Tu rf The color in the photogra ph may appear differently than actual product. Please r—rest product samples from your sales representative. BACKING: RECYCLABLE DURAFLO COMPONENTS Sweetbriar Park —Turf Project 4�,,) HEAT BLOCK With Heat Block color options, ourturf is cooler than the competitions' artificial grass systems. FIBER: OMEGA, S ow SHINE BLOCK Shine Block blade profiles reduce the reflective quality of the fiber allowing our grass to appear more like a healthy, well trimmed, natural lawn. Physical Properties "green Playconsis, so Qlxmal bxy*d [used-ceAedi Dross-Iri>ed Po Fjeethyle+ue foam iPM This foam cmies kam prbducdon fesiclum and omuhm no conlamlrlartm Pri4green Play is reseed based en rmcrobiaFogical reSR6drice ro w+aathedrog. axtdariorti acids A bases The peedlcL-d dwat ay of M Kill IXI }ears minimum Pad playground adventures Technical Specifications T1iv kness at 7 M G].) psi kod ?2is Klass per unit area .91134' CriKal FO M&glYr!Heap a9pyGiieei4n — 19gpi 55 fr A57M F lIy2 The-ml cmducGriry 0.10I .03HTl.11h05 A51MC 177 1w Ak aTl7Rrmal W-Waxem-y" e4731rk1-Fmru AS",' r77 Rob Green I ACS Playgrounds Adventures 479-305-5050 1 robg@acsplay.com I acsplay.com Ak CITY OF FAYETTEVILLE Sweetbriar Park —Turf Project A R K A N S A S playground adventures Sweetbriar Park Turf Install Scopes of Work 1. Clean and prep existing concrete slab 2. Concrete inspection 3. Install new 2 %" play pad to meet the appropriate ASTM standards for play areas 4. Install new turf system and secure to existing concrete slab while leaving an exposed edge 5. Provide ADA access to turf system 6. Site clean up and restoration if needed 7. Site inspection with city staff Turf product will take approximate 2-4 weeks to ship. Scheduling install is to be determined The play area will need to be completely closed for the duration of the project. Turf system needs to be installed with temperatures exceeding 40 degrees to comply with warranty specs below. There is a 1 yr service warranty on installation. XGrass ar•ranti, 10 YEA LI+fr��r/l/ff��1/1.-�,��+1+}_�,}*�1(�(y1}}��4�11'}� TO S /]�4%/yyy/FAINSI'lA1 j-1 � RL' (PE Monofilanient, XP, LSR) Product Crass warrants that for TEN (10) years from the date of synthetic turf installation, the turf, when installed and maintained as recommended by the yarn & turf manufacturer, will retain at least 50% of its pile fiber. if any area or portion of the turf substantially changes, as distinguished frorn a change in texture, or if pile heights decrease 50% or more within ten years after its initial installation, XGrass will have all such areas or portions replaced with new turf of equivalent quality, excluding installation costs. X rass also warrants that at the time of the initial turf installation, the synthetic turf will be free of man vfactoring defects. $light color chaInges will occur over the lifetime of this turf! carpet and is not considered an issue or basis for claim. All labor cost involved with the removal of the affected turf f carpet and reinstallation of the replacement carpet will be the responsibility of the purchaser. Rob Green I ACS Playgrounds Adventures 479-305-5050 1 robg@acsplay.com I acsplay.com CITY OF FAYETTEVILLE Bryce Davis Park —Turf Project Fadvernitures ondV AEW Rah Green I ACS Playgrounds Adventures 479-305-5050 1 rohg@acsplay.com I acsplay.com XGPA S PRIME SPECIFICATIONS: Face Welght- 53 oz Pile Height 1.5" Color. Summer Plead Thatch: G: can Secondary Backing: flurallo, ulo oziyd L Fuser Type: Omega S, 100%P6yethylene Fiber Mass: _. i.i iil...,,,.i ..... Tuning Gauge: - Prrmary f3 kmg: Non Woven Scrim: —lyd Total Weight, -'yd' Turf Spec the rolnr in The pho q.ph may appear d1ff r Tte Thdrtd 1protl P Wase rf9un51 PlOdlr(1 S .'� r.pmytwr sak-p—nial I Bryce Davis Park —Turf Project rlBFR: OMEGA, S 14 P x`1 HEAT BLOCK SHINE BLOCK %Nirh Hear Block mlor Shore HI-k blade prohles rzduce dx BACKING: RECYCLABLE opticns,ourourliseooler ihanthe—Wit-, rdecd, quality ofthc hherallowing ourgrass toappear more like DLIRAFLO COMPONENTS a0lxlal grass.yseem5, healthy, welltnmmed, natural lawn Physical Properties Palygwen Playconsissofrneemal boeded('d{eadlerosAr"d Polyckhyiene foam iPE* This k:am cmws from pmducrlon residues and coruam n0 comarninanm Poi mvq Play m rested based on i nimbpD ogicai resistance To weatherinEL axldatbf% acids d bases. The peedreted dwa .W y cF M rs1M years masimurn Pad Spec Technical Specifications Th, knei, 4t 2 WA P.) WA KW Xl+s Mass per unit area .41hAN ChDG701 Fad HpighiiHM kr*"Gikceion — 1PM 45 ft A517.1 F 1Z92 Thernylt:ondrxkrriu W91 DIRTLVhrfi.F ,ry7MC177 playground adventures Rah Green I ACS Playgrounds Adventures 479-305-5050 1 rohg@acsplay.com I acsplay.com Bryce Davis Park —Turf Project Bryce Davis Park Turf Install Scopes of Work 1. Clean and prep existing concrete slab 2. Concrete inspection 3. Install new 2 %" play pad to meet the appropriate ASTM standards for play areas 4. Install new turf system and secure to existing concrete slab while leaving an exposed edge 5. Provide ADA access to turf system 6. Site clean up and restoration if needed 7. Site inspection with city staff Turf product will take approximate 2-4 weeks to ship. Scheduling install is to be determined. The play area will need to be completely closed for the duration of the project. Turf system needs to be installed with temperatures exceeding 40 degrees to comply with warranty specs below. There is a 1 yr service warranty on installation. Ak playground adventures �GRASS XGrass if ar•rarrty DUE TO EXPOSURE TO SUNLIGHT(PE) (PE Monofilament. XP. LSR) Product Crass warrants that for TEN (10) years from the date of synthetic turf installation, the turf, when installed and maintained as recommended by the yarn & turf manufacturer, will retain at least 50% of its, pile fiber. if any area or portion of the turf substantially changes, as distinguished frorn a change in texture, or if pile heights decrease 50% or more within ten years after its initial installation. }Grass will have all such areas or portions replaced with new turf of equivalent quality. excluding installation costs. XGrass also warrants that at the time of the initial turf installation, the synthetic turf will be free of manufacturing defects, Slight color changes will occur over the lifetime of this turf I carpet and is not considered an issue or basis for claim. All labor cost involved with the rernovaI of the affected turf I carpet and reinstallation of the replacement carpet will be the responsibility of the purchaser, Rob Green I ACS Playgrounds Adventures 479-305-5050 1 robg@acsplay.com I acsplay.com CITY OF W;M FAYETTEVILLE ARKANSAS Rodney Ryan Park —Turf Project Tff 41 playground adventures Rah Green I ACS Playgrounds Adventures 479-305-5050 1 rohg@acsplay.com I acsplay.com CITY OF FAYETTEVILLE ARKANSAS XGRASS PRIM. SPECIFICATIONS: Face Weight: 53 or Pile Height: I' Color: ,.m r. ,,I• n l Thatch: Secondary Backing: )irratlo.10,onzlyd` Fiber Type: Omega 5, 100% Polyethylene Fiber Mass: 10800 Denier, 7300 Denier Thatch Tufting Gauge: 1,,I Primary Backing:7.1 ozlyd' Siablized Multi -layer Woven Polypropylene Nan Woven Scrim:. 7 C yd° Total Weight: 7,2.7 c,"dl Tu rf Rodney Ryan Park —Turf Project HEAT BLOCK SHINE BLOCK With Hoe, Blink enlor Shine Block blade prufli reduce rl,e wrlons, our turf is Cooler rit ive quality of the fiher allowing BACKING: RECYCLABLE than the competitions' our grass to appear more like a D U R A F L O COMPONENTS artificial grass systeri heahhy, well -trimmed, naturai lawn. Physical Properties ?*wem Play cai of thermal bontliedf {eRedFDross-� PoFjhthyleru foam 415 7 Thk barn canes faarts produ;tlpn Miildues and contains no contni liti Pttlygreen Plat' M lesned based on mkrot:3km;l1 of re*sunca to maarherinq oxkla[k:n acirh A bases` The peeckted draGey of M 11100 years minimum All, a Pad playground advenil'ures Technical Specifications Thon*ssacz 0?3Paglow 7zin brass per unit area .4111W C+iW.W F41 IiBe412r (HM " 04eW — t WW 65 fr AFW F 1292 Th vl conductivity 0001 A3HttU1hrfi. F Ai C 177 iw'Aii T}t;imal wwani IR,r" W 73lvk"PA M AWN C 177 Rah Green I ACS Playgrounds Adventures 479-305-5050 1 rohg@acsplay.com I acsplay.com Ak CITY OF FAYETTEVILLE Rodney Ryan Park —Turf Project ARKANSAS playgro d adventures Rodney Ryan Park Turf Install Scopes of Work 1. Clean and prep existing concrete slab 2. Concrete inspection 3. Install new 2 %" play pad to meet the appropriate ASTM standards for play areas 4. Install new turf system and secure to existing concrete slab while leaving an exposed edge 5. Provide ADA access to turf system 6. Site clean up and restoration if needed 7. Site inspection with city staff Turf product will take approximate 2-4 weeks to ship. Scheduling install is to be determined The play area will need to be completely closed for the duration of the project. Turf system needs to be installed with temperatures exceeding 40 degrees to comply with warranty specs below. There is a 1 yr service warranty on installation. )CGFZ'A,kSS X(;Fas,s warraxrrt, 10 YEAR f-MITED WARRANTYAGA1M5'l`PAI1;URE' DUE TO EXPOSURE TO SUMUGHT (PE) (PE Monofilament} XP. LSR) Product XGrass warrants that for TEN (10) years from the date of synthetic turf installation, the turf, when installed and maintained as recommended by the yarn & turf manufacturer. will retain at least 5D% of its pile fiber. If any area or portion of the turf substantially changes, as distinguished frorn a change in texture, or if pile heights decrease 50% or more within ten years after its initial installation, XGrass will have all such areas or portions replaced with new turf of equivalent quality, excluding installation casts. (Grass also warrants that at the time of the initial turf installation, the synthetic turf will be free of manufacturing defects, Slight color changes will occur over the lifetime of this turf! carpet and is not considered an issue or basis for claim. All labor cost involved with the removal of the affected turf J carpet and reinstallation of the replacement carpet will be the responsibility of the purchaser. Rob Green I ACS Playgrounds Adventures 479-305-5050 1 robg@acsplay.com I acsplay.com City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0094 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.12 BID #20-74 MILESTONE CONSTRUCTION COMPANY: A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH MILESTONE CONSTRUCTION COMPANY, LLC, IN THE AMOUNT OF $42,728.19 FOR THE REPAIR AND REPLACEMENT OF A SIDEWALK, SUPPORT STRUCTURE, AND STORAGE AREA ADJACENT TO THE TOWN CENTER PLAZA WHEREAS, on October 6, 2020, the City Council passed Resolution 246-20 to approve a contract with Milestone Construction Company, LLC for restoration of the Town Center Plaza; and WHEREAS, Change Order No. 1 will allow for repair and replacement of a sidewalk, support structure, and storage area that collapsed under the weight of City equipment that was being used to install tree lights in the Town Center Plaza. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 1 to the Contract with Milestone Construction Company, LLC in the amount of $42,728.19 for the repair and replacement of a sidewalk, support structure, and storage area adjacent to the Town Center Plaza. City of Fayetteville, Arkansas Page 1 Printed on 212512021 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2021-0094 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/2/2021 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approve Change Order #1 to Bid # 20-74 with Milestone Constrution Company, LLC in the amount of $42,728.19 for the structure and concrete at the Chamber of Commerce Sidewalk repair. Budget Impact: 1010.520.5260-5315.00 1010 - General Fund Account Number Fund N/A N/A 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 Project Title $ 357,984.00 $ 252,927.75 $ 105,056.25 $ 42,728.19 62,328.06 V20180321 Purchase Order Number: 2020-00000788 Previous Ordinance or Resolution # 246-20 Change Order Number: Original Contract Number: Comments: 1 #2020-00000080 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 2, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Connie Edmonston, Parks and Recreation Director FROM: Wade Abernathy, Director Bond and Construction Projects. DATE: February 2, 2021 SUBJECT: Change Order #1 to Bid #20-74 with Milestone Construction Company, LLC for repair and replacement of Chamber of Commerce Sidewalk, support structure and storage area. RECOMMENDATION: Staff recommends approval of Change Order #1 in the amount of $42,728.19 for the repair of the sidewalk, supporting structure, and storage area below at the Chamber of Commerce Sidewalk. BACKGROUND: In October of 2020, Council approved a contract with Milestone Construction Company, LLC for the restoration of the Town Center Plaza. During the lighting of the Ozarks installations, a genie boom lift was being used for installing the tree lights at the town center plaza. The lift navigated onto north west corner sidewalk ) owned by the Chamber of Commerce) between the Chamber building and the Plaza to install tree lights. The concrete sidewalk and structure below collapsed under the weight of the equipment. Fortunately, no one was injured, and it was discovered that the structure supporting the sidewalk was not in compliance with any conventional building practices or standards. The supporting structure of wood, had deterioated over time due to water infiltration. The slab itself was less than 3" thick spanning well beyond its capability. It was only a matter of time that the slab would have collapsed under its own weight potentially causing life threatening injury. DISCUSSION: With Lights of the Ozarks beginning just weeks after the incident, staff treated this as an emergency repair. Milestone had already mobilized on site for the Town Center Plaza repairs; therefore, a contract change order was the quickest way to expedite the repairs. Staff had Olsson Engineering design the structure with the most readily available materials that would meet the design standards of a suspended concrete walkway. Therefore beams, columns, and structural decking was used, along with metal studs and concrete board for the walls in the basement. All done by Milestone with an expedited schedule to complete in 3 weeks prior to the Lighting of the Ozarks. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds to be allocated from 1010.520.5260-5315.00 Attachments: Change Order #1 Milestone Construction Engineered Drawings Photos Existing Photos Repair /� Milestone Construction Company, LLC e,(�•J 2002 South 48th Street suite A CHANGE ORDER MILESTONE Springdale AR 72762 CONSTRUCTION COMR.y. Llt NO. CO-00ol Page 1 of 1 Title: Chamber of Commerce Sidewalk Repairs Project: Special Projects Issue Dale: Feb 08, 2021 To Milestone Construction Company Job: 6045 2002 S 48th Street Ste A Contract: 6045 Transmittal Phone: 479-751-3560 Chamber of Commerce Sidewalk Repairs $42,728.19 Total: $42,728.19 The Original Contract Sum Net Change by Previously Authorized Requests and Changes $427,919.21 The Contract Sum Prior to This Change 0.00 This Change will be $427.919.21 The New Contract Sum Including This 42,728.19 The Contract Time Will Not Be Changed $470.647.40 ACCEPTED: Milestone nstruction Com ny, LLC s City of Fayetteville By: / C By: Date: 2�/ tr�/ !r�"" Date: a� v� c a� v w V) D rn 3 v w V) Q J 0 U Af, a� > �w >, w �ry X L v E� E— v. NN H �o �0 41 41 0C v / O Z 6uJ 00 EXISTING GALVANIZED A992 BEAI W 12" WIDE STRIP FOOTING ACED ON TOP OF EXISTING CONC. SLAB. SEE DETAIL 5 GALVANIZED HSS 3.5%3.5%3/16" A992 COLUMN TYP. 3.00 18 GAUGE DECK PLACED BELOW N REINFORCED CONCRETE SL EXISTING CON( WALL E EXTERIOR FA( EXISTING BUI EXISTING EXISITING JOINT IN CONCRETE SIDEWALK X w PLAN - SIDEWALK REPAIR 1 /2" = 1 ' — 0" ANT GALV. STEEL " PUDDLE ON WELDS WITH1 STENERS AT MID TO STEEL ETER EDGES WITH AT 24" O.C. MAX AGAINST DF EXISTING R TYP. JCRETE STAIRS 'ING _L BELOW BEAM D VERIFY ALL TRUCTION AND SCREPANCIES 1 /2" EXPANSION JOINT WITH SEALANT. PROVIDE BOND BREAKER TAPE BETWEEN SEALANT AND JOINT FILLER NEW GALV. 3.00 18 r4 GA. STEEL DECKING GALVANIZED 6"x6"x3/8" ANG NEW GALVANIZED W10x15 A992 BEAM 6„ 3/8" A36 PLATE WELDED GALVANIZED 4%4%3/8" THICK, 8" LONG AN( NEW 3.00 18 GA. GALV. STEEL DECKING 2x1 /2" GALV. BOLT 9/16" X 1 1 /4" LS Hi GALVANIZED W10x15 A99: EXISTING ANGLE 1 /2" JOINT FILLER MATERIAL EXISTING CONCRETE ° CLEAN AND PAINT EXISTING STEEL STRUCTURE EXISTING BEAM PLACED ABOVE ENTRANCE TO REMAIN EXISTING WOOD STUD WALL BELOW TO BE REMOVED SECTION ■ 1 /2" EXPANSION JOINT WITH SEALANT. PROVIDE BOND EEN SEALANT AND JOINT FILLER LER MATERIAL V CONCRETE SLAB /2" DIAM. GALV. ANCHORS. MBED 4" WITH HILTI HY200 PDXY 2 SECTION 3/8" A36 PLATE WELDED TO ANGLE N NEW 3.00 18 GA. STEEL DECKING GALVANIZED 4%4%3/8" THICK A36 ANGLE GALVANIZED 7%7%1 /2" THICK A36 BASEPLATE CENTERED ON HSS COLUMN GROUT PLACES BELOW COLUMI` x EXISTING CONCRETE 4x4 — W4.OxW4.0 REINF. 1/2" EXPANSION JOINT WITH SEALANT. PROVIDE BOND BREAKER TAPE BETWEEN SEALANT AND JOINT FILLER 1 /2" JOINT FILLER MATERIAL NEW CONCRETE SLAB d d 1 /2" DIAM. GALV. ANCHOR EMBED 4" INTO EXISTING CONCRETE WITH HILTI HY200 EPDXY @ X" O.C. MAX SPACING. BEGIN ANCHORS 3" FROM EACH END OF ANGLE d d a 4 d d a EXISTING CONCRETE WALL 4 d d 4 Q 4 3 SECTION GALVANIZED HSS 3.5%3.5%3/16" A992 COL. GALV. LEVELING NUT NEW REINFORCED C. STRIP FOOTING #4 BARS CONT. NG CONCRETE 1 /2" 0 GALV. ANCHORS EMBEDDED 2 3/4"" INTO NEW STRIP FOOTING WITH HILTI HY200 EPDXY 2" MIN. GROUT PLACED BELOW BEARING PLATE O #4 BARS PLACED 24" O.C. ° , ° ° a EMBED 2 3/8" INTO EXIST. CONC. SLAB WITH HILTI HY200 1'-0" WIDE MIN. 5 FOOTING DETAIL u z 0 a U U) w 0 U) z 0 Ln > w w Q 0 vJ J_ Q W 0 Q Z Q J J D U E 0 U c 0 U) U) 0 0 Cl? co rn r• It J w H -0 CO O O1-- N r` CU Q n ca a? w� oCu CO LL Z O U) > W O N O N � w Q U) Z Q Y Q W J J W Lu LL drawn by: AJS checked by: LCH approved by: LCH QA/QC by: project no.: drawing no.: date: 11 /19/2020 SHEET 1 of 0 ;,# � s, .. �„��, ;e....,� lYW a v. � „vrr. . v,�:;+:x, _v N. — �f �: + °� _ � �-z� alrr✓.say" - a_� �� i � 3 I�' _ � ..�.. g ;` r ,. �- _. ��� ��+ wry . _, �_. y, .� F, �.._ .. _ t_____� �, � ..d-. '_ "I�"" v 7, ,T;... -� F E y- i �� r g 1 aI} � , $qg 1 � +g�g; i; j f ��` N 1 �~ ', .. __ wt s.� „�., R J .�: }; 1 f 1 _ _ FFIN�FF i IF ... 1 �r ._. ... .... IF IF .. IF IF IF IF IF FIr, • PF , .IF I r. TIF, IF R City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0126 Agenda Date: 3/2/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.13 BENCHMARK CONSTRUCTION OF NWA, INC. CHANGE ORDER NO.4: A RESOLUTION TO APPROVE CHANGE ORDER NO.4 TO THE CONTRACT WITH BENCHMARK CONSTRUCTION OF NWA, INC. IN THE AMOUNT OF $6,117.17 FOR ADDITIONAL GRAVEL NEEDED FOR THE CONSTRUCTION OF THE FLEET TRUCK WASH 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 approves Change Order No. 4 to the contract with Benchmark Construction of NWA, Inc. in the amount of $6,117.17 for additional gravel needed for the construction of the Fleet Truck Wash Facility. City of Fayetteville, Arkansas Page 1 Printed on 212512021 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2021-0126 Legistar File ID 3/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/11/2021 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of Change Order #4 to Bid 19-52 Contract in the amount of $6,117.17 for additional gravel required for the concrete paving at the fleet wash facility. Budget Impact: 9700.707.1920-5804.00 Account Number 18021.1 Building Cost Fund Fleet Wash Facility Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? NA Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: 2020-00000211 4 2020-00000012 Remaining Budget Project Title $ 1,366,561.00 $ 1,094,353.17 $ 272,207.83 $6,117 ,cc non cc Previous Ordinance or Resolution # 220-20 Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 2, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Terry Gulley, Director Transportation & Fleet CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond and Construction DATE: 2/11 /2021 SUBJECT: Change Order #4 to Bid 19-52 Contract with Benchmark Construction of NWA Inc., for the Fleet Truck Wash Facility RECOMMENDATION: Staff recommends approval of Chance Order #3 with Benchmark Construction of NWA Inc., for the Fleet Truck Wash Facility in the amount of $6,117.17 for additional gravel needed for the concrete paving. BACKGROUND: On 3/5/19 council approved a contract with deMx architecture to provide architectural services for the new fleet vehicle wash facility. On 5/7/19 council approved the purchase of the car wash equipment with Whiting system, Inc. of alexander. On 1/7/2020 Council approved a Contract with DC Sparks for Packages.... On 1/7/2020 Council approved a Contract with Benchmark for Packages 3 Building Concrete, 4 Pre -Engineered Building and insulation, and 5 pre-engineered building erection. On 2/18/2020 Council approved Change Order #2 with DC Sparks for the forced sewer main relocation. On September 1, 2020 Council approved Change Order with Benchmark for the Concrete drives around the building. DISCUSSION: The additional gravel was required to bring the driveways up to the planned grades. The gravel and placement is a contract requirement of another vendor on the project. That vendor agreed to the back charge for this work with the cost to be deducted from their final pay request. BUDGET/STAFF IMPACT: Unencumbered project funds form 9700.707.1920-5840.00 will be used for this item. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: Change Order AIA Document G701" - 2017 Change Order PROJECT: (Name and address) Fayetteville Fleet Truck and Car Wash Facility OWNER: (Name and address) City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 CONTRACT INFORMATION: Contract For: General Construction Date: January 7, 2020 ARCHITECT: (Name and address) DEMX architecture 104 N. East Avenue Fayetteville, AR 72701 CHANGE ORDER INFORMATION: Change Order Number: 004 Date: February 01, 2021 CONTRACTOR: (Name and address) Benchmark Construction Company 333 W. Poplar St., Ste'A' Fayetteville, AR 72703 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) Additional gravel The original Contract Sum was $ 322,400.00 The net change by previously authorized Change Orders $ 132,121.00 The Contract Sum prior to this Change Order was $ 454,521.00 The Contract Sum will be increased by this Change Order in the amount of $ 6,177.17 The new Contract Sum including this Change Order will be $ 460,698.17 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. DEMX architecture ARCHITECT (Firm name) SIGNATURE Tim Maddox, AIA, Principal PRINTED NAME AND TITLE Benchmark Construction CONTRACTOR (Firm name) City of Fayetteville OWNER (Firm name) ,:Y� :3mzi�� SIGNATURE SIGNATURE Stephen Smith, CEO PRINTED NAME AND TITLE February 01, 2021 February 2, 2021 DATE DATE Noneld Jordan. Mayor PRINTED NAME AND TITLE DATE AIA Document G701 TI — 2017. Copyright @ 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:25:21 ET on 02/01/2021 under Order No.2563408608 which expires on 08/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3139ADA3F) City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1055 Agenda Date: 3/2/2021 Version: 1 Status: Tabled In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 BANK OF FAYETTEVILLE/DEPOT LOT SITE: AN ORDINANCE TO APPROVE REAL ESTATE PURCHASE CONTRACTS WITH THE FARMERS & MERCHANTS BANK, FAYETTEVILLE DEPOT, LLC, AND DICKSON & WEST INVESTMENTS, LLC TO PURCHASE ABOUT ONE HALF ACRE IN THE DEPOT/BANK LOT FOR $350,000.00, TO APPROVE A LEASE -TO -OWN ARRANGEMENT WITH DICKSON & WEST INVESTMENTS, LLC FOR THE .2 ACRE LOT ON THE NORTH END OF THE CIVIC PLAZA, TO AGREE TO CONVEY TO DICKSON & WEST INVESTMENTS, LLC 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 WHEREAS, City staff and Greg House as managing member of Fayetteville Depot, LLC and Dickson & West Investments have long negotiated terms and conditions for this land purchase and lease -to -own agreement which have been properly placed within the Real Estate Purchase contracts included within this Agenda item; and WHEREAS, the Farmers and Merchants Bank owns vital and necessary property needed for the proposed City Parking Deck and has offered to sell such property to the City for One Hundred Thousand Dollars ($100.000.00); and WHEREAS, City staff and Mayor Jordan recommend approval of these contracts which have been approved and signed by the Farmers and Merchants Bank, Fayetteville Depot, LLC, and Dickson and West Investments, LLC; and WHEREAS, these contracts include the purchase of a valuable building site on West Street, the lease -to -own a valuable building site in the future Civic Plaza along Dickson Street, the protection through conservation easement of part of the historic Depot building, and other terms and conditions which make competitive bidding for these purchases, conveyances, and agreements not reasonable or practical; and WHEREAS, to get the multi -story public parking deck constructed and operational so that the Civic Plaza can be constructed within the bond revenue time limits, all parties to this contract must have approved and signed the contracts by or on the date this ordinance is approved, and this ordinance should be immediately effective. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: City of Fayetteville, Arkansas Page 1 Printed on 212512021 File Number: 2020-1055 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the complexity of the contracts, the need to complete this bond funded project promptly, and the requirement that the deck location be near the Walton Arts Center renders normal competitive bidding not reasonable or practical and therefore waives formal competitive bidding, approves all of the contracts included with the Agenda item and authorizes Mayor Jordan to sign these contracts as well as all documents necessary to carry out the terms and conditions of these contacts. Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that the need to get the City's public parking deck under construction as soon as possible to avoid potential problems with bond revenue spending requirements and to expedite the beneficial construction of the Civic Plaza is necessary for the peace, health and safety of our residents and visitors; therefore, the City Council declares an emergency exists and determines this ordinance shall be effective immediately upon its passage and approval. City of Fayetteville, Arkansas Page 2 Printed on 212512021 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: 41 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• K''ll' C' A44 it Wi lams, ity orney DATE: December 29, 2020 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Letter from Jason Bramlett to me for distribution to City Council During an hour long teleconference with Jason Bramlett, attorney for Gregg House, Fayetteville Depot, LLC and Ted Belden, I received several requests or demands for changes to the proposed contract I had drafted and then amended in response to their earlier requests. I asked that Jason describe every one of their requests in a letter that I could distribute to the City Council, so you could read each requested change and the reason for such change directly from their side. I have earlier today sent that letter to you. I also informed Jason that I would explain why I had chosen the language for the contract that Greg House and Ted Belden now wish changed. Integral Part of the Co-dependent Deed Since Mr. Bramlett states "the 6th and 7th floors have been an integral part of the co-dependent deed points between the City and House/ Belden," I should examine who and how "integral" these current requests from House/Belden really are. I need first to examine a little history of the initial offer by Greg House to sell the City sufficient property to build its public parking deck and how Greg House has continued to make new requests to sweeten the deed for him (and now Ted Belden). I believe that the City Attorney's Office first learned of an offer from Greg House and the Bank of Fayetteville when their real estate developer adviser, Sterling Hamilton of Sage Partners, send a Letter of intent for an offer to sell in August of 2019. Later, he emailed the Mayor, Don Marr, Susan Norton and myself on September 11, 2019. (attached). Sterling's email stated: "With Greg's land that would be $350K for about an acre of land in downtown." As is now clear, the City would be receiving only about half that amount of property and what the City would have to pay or convey has increased dramatically. The only constant has been the $100,000.00 the City was to pay the Bank of Fayetteville for its part of the building site which appears to me to be larger than Greg's proposed property that he would convey to the City. I have requested and am still waiting for their legal description so we can know exactly how much property Greg House is offering to sell the City. The initial concept plat from Sage Partners attached to that September 11, 2019, email (attached) shows the parking deck located on all the property from West Avenue to the Razorback Greenway. It shows "3 story 28' wide liner building 2150 sqf per floor level" running a short distance along West Avenue. Exhibit A (attached) shows that the Bank of Fayetteville owns almost all the property south of Scarpino's including all the property proposed for the proposed three story 28' wide commercial space. Since the parking deck's footprint now avoids the old freight building on Greg's property, it certainly appears the parcel he would be selling the City is much smaller than shown on the concept plat or the Bank's parcel. Also attached is Sterling Hamilton's proposed "Letter of intent for an offer to sell the below -referenced property under the following terms and conditions... Sale Price $250,000 plus exchange of the 0.25 acre northern parcel of the Civic Plaza..." This lists the size of Greg's parcel to be conveyed "is 0.35 acres." The current design of the deck reduces this parcel's size dramatically. 2 This Letter of intent included on its second page that if private development would "warrant additional parking demand beyond City constructed spaces, then Greg House could work with the City "to allow private equity funding to be contributed for additional design and construction necessary for additional foundation support, structure, floors.... to the City's parking deck." Thus, potential additional privately paid for parking (but not commercial or residential) space, was referenced by Greg House's Letter of intent. Certainly, the demand that House/ Belden receive condominium space of the 6th floor for anything, but possible parking necessitated by private development on Greg's property, was not a part of the original Letter of intent to sell, nor was any mention of a possible seventh floor within their initial offer to sell. Sterling Hamilton then furnished another Letter in intent to sell on January 14, 2020, which again showed the "Sale Prince $250,000 plus exchange of the 0.2 acre northern parcel of the Civic Plaza." The Depot lot's parcel to be conveyed to the City was reduced in size to about 0.3 acres. Without their surveyed parcel, we still do not know the actual size of the parcel Greg House is supposed to convey to the City for hundreds of thousands of dollars. The liner building space shown on the exhibit to their Letter of intent to sell was then reduced to one story containing about 9,600 square feet. Their current request is about 14,000 square feet (much larger than the parcel they may convey to the City). They ststed that their proposed building on the north side of the Civic Plaza "shall be no more than 3 stories..." This Letter of intent to sell conditions any floors being built on the City's parking deck and used privately upon whether there is "additional development on the adjoining parcels owned by the Fayetteville Depot, LLC or the Bank of Fayetteville (which) warrants additional parking or commercial development (on the City's parking deck)." Obviously, no such development has occurred to justify any such privately owned floors above the City's parking deck. I believe that this January 14, 2020 Letter of Intent to sell from Sage Partners was the one presented to the City Council in the Spring of 2020 for tentative approval of its general terms. 3 Although Greg House's presumed right to construct floors above the City's parking deck was certainly not "an integral part of the co-dependent deed" pursuant to what was shown to the City Council for their approval, I agree that by the summer when City staff provided me with 23 proposed terms of agreement, floors 6 and/or 6 & 7 were proposed to be provided free of any air space costs as a part of this agreement if Greg House (and/or Ted Belden) merely paid the out of pocket costs of the City for the additional design and construction costs to support these additional floors. Therefore, you will find these terms within the proposed contracts that I have provided to you in your December 1st and December 15th meetings. Response to Jason Bramlett's Letter I want to thank Jason Bramlett for supplying us his letter to explain his clients' demands for changes to the contract that I drafted for your consideration. Now that you know the history of this land sale contract from its first offer for the City to pay $250,000 and convey the norther building site on the Civic Plaza to its now numerous additional requirements for floors of condominium use for the free use of Greg House (with no air space compensation for the City), etc., let's address their new requests. 1. Contracting Parties. Jason Bramlett is correct that most developers desire not to stand behind their projects, but instead wish to immunize themselves from any personal liability. Thus, even if they were responsible for major problems for the project, if the City contracts with a newly created business entity, Greg and Ted can just walk away unscathed while the City would be left to deal with an undercapitalized, just created entity. This is another reason why this is certainly not a "Partnership" where all partners are responsible for problems and liabilities as well as share of profits. I will not recommend you reject this contract because House/Belden will not personally stand behind this agreement. However, the City Council needs to know they refuse any personal responsibility to fulfill these contractual terms. N 2. Structural Enhancement Costs for Potential 6th and 7th Floors. The contract I provided was clear that Greg House and Ted Belden did not have to invest in the structural enhancement cost (including higher elevators and stairwells, etc.) for the 6th and/or 7th floors if they deemed those expenses too costly. However, now they demand further compensation if they do forfeit the rights to the 6th and 7th floors. If they do not pursue their rights to the 6th & 7th floors: (a) They will no longer agree to provide the City an option to purchase the property for the transit hub. (b) They will reduce the length of their promise from 7 years to 5 years to not construct over or on the land on the north end of the Depot Train Station building nor the freight building used now as a coffee shop. (c) They will be able to build private 6th floor parking at its structural enhancement costs. I believe their third point has never been disputed. The first two concessions are policy considerations for the City Council. 3. Scope of Work Relating to Structural Enhancement Costs. I believe my proposed contract already identifies the significant enhancement costs to construct upper levels of the Parking Deck. I would welcome an even more detailed listing of the structural enhancement costs needed to support 6th floor parking and 7th floor "live loads" which I believe would be general residential, office and/or commercial use. Whatever these enhancement costs would be must be fully (100%) paid by the private developer as the City cannot subsidize any of these costs using our bond funds. 4. Time Limit to Build 6th and 7th Floor. They want to double our proposed 10 year period in which to build those floors to 20 years. I will defer any structural concerns of delayed construction to Wade Abernathy who has studied parking decks longevity and maintenance. 5 5. Ground Floor Unit of the City's Parking Deck. This ever increasing free air space use of the first floor as Greg's condominium commercial space has always been conditional upon his paying its basic construction costs including making it "commercial ready" as seen from the outside. However, the City cannot subsidize this private party using bond funds which we would be if they did not pay the City's actual costs of not using the 14,000 square feet of ground floor space for public parking and having thus to build the City Parking Deck a floor or half a floor higher to accommodate the parking lost on the ground floor. To prevent this illegal subsidization, but let House/Belden only pay for the first floor construction and commercial finishing, I suggested that they could pay the City $50,000.00 as the estimated costs to elevate 14,000 square feet of parking which would be offset by the City paying Greg $50,000.00 for the conservation easement over the Depot Train Station building (not including its norther half). That $50,000.00 would have to come from General Funds as it cannot reasonably be a part of the City Parking Deck bond funding. 6. Ground Floor Use of Food Hall Building. City staff has always demanded that the building on the north part of the Civic Plaza along Dickson Street be finished by the time we finish constructing the Plaza. I agreed with House/ Belden to weaken this requirement to allow only the shell building be finished by that time to a "black box" completion. To partly justify this rent -to -own agreement, I agreed to give them another year to at least finish the ground floor of this 3 1/2 story building to operating condition in order for them to receive loan forgiveness for the $263,000.00 appraised value of the site. As you see, House and Belden do not want to have to do more than have a shell building on this site indefinitely and still receive the $263,000.00 forgiveness. This would hurt our justification supporting this lease payment forgiveness that the building is at least generating some tax revenue for the City. This again is a City Council decision. 2 7. Three Different Agreements Instead of Our Unified Agreement Among the City, Bank, Fayetteville Depot, LLC, House/ Belden entity. This project cannot go forward without both property owners, the Bank of Fayetteville and the Fayetteville Depot, LLC. through its owner/manager Greg House and the City to all agree to terms. This new request would cause another major delay for all involved and is a brand new request that was not earlier presented to me. Every delay plays into the hands of House and Belden as bond revenue spending rules will eventual prevent the City from doing anything but agreeing to whatever Greg and Ted demand as it will be too late to move to the School Street Parking lot. This demand should not be agreed to. When I recently learned from Jason Bramlett that he only represented House/Belden and not the Bank of Fayetteville which actually owns more of the land we need to build the parking deck where it has been designed, I called the Bank to ensure their earlier unenforceable offer to sell was still valid and had not been changed as Greg's has. Unfortunately, I have not yet heard back from its incoming President. Without the Bank's property, the parking deck cannot be built as designed. CONCLUSION I will draft whatever the City Council believes to be in the best interests of our citizens and City as long as such provision will not violate bond revenue requirements or other legal requirements. I hope to hear clear direction about House/ Belden" s latest requests from the City Council, including its two incoming members, during the Agenda Session today. If Greg House and Ted Belden or the Bank of Fayetteville refuse to agree to and sign what the City Council has approved by your meeting of January 5th1 2021, I recommend you immediately cease further negotiation and instruct our designing engineers to move to a City owned site so we can get the City parking deck completed in time to get the Civic Plaza construction completed before our three year bond construction window closes. VA Williams, Kit From: Sterling Hamilton <shamilton@sagepartners.com> Sent: Wednesday, September 11, 2019 8:32 AM To: Norton, Susan; Mayor; Marr, Don; Williams, Kit Subject: Signed LOI-Fayetteville.pdf Attachments: Signed LOI-Fayetteville.pdf; ATTOOOOI.htm Hi All, Here is the LOI from Farmers and Merchants Bank. They will sell the city the back half of their property needed to build the parking deck. Purchase price is $100k. With Greg's land that would be $350k for about an acre of land in downtown. I really can't stress enough how low this number is. As stewards of the city's funds, I hope you all realize the value in this number as I'm sure our business community will find a decision to acquire the property to be more than sound. Thanks to all for your continued patience. Let's go Fayetteville! Sterling C U S H M A N & Northwest Arkansas 5100 W. JB Hunt Driveosage e1111 W.AKEFIEL® Suites, -=i�ARTNERs Rogers, AR 72758 479-845-3000 Office September 4, 2019 Mayor Lioneld Jordan Sage Partners on behalf of Bank of Fayetteville, Farmers and Merchants Via Electronic Mail Dear Mayor Jordan: The following is a Letter of Intent for an offer to sell the below -referenced property under the following terms and conditions: Location: 542 W Dickson - Northern Portion of Bank W Dickson Street - •-.33 Acres (Exhibit Attached) Seller: Farmers and Merchants Bank Buyer: City of Fayetteville or Special Purpose Entity Sale Price $100,000 plus the guarantee of parking deck construction. Parking deck construction will be assumed to add long term value to the remainder of the bank's corner parcel. This price is roughly equivalent to the per land square foot price being proposed by the adjacent property owner, Fayetteville Depot, LLC. Terms: LOI will be good for 60 days Due Diligence for buyer and seller to discuss terms of a purchase and sale. Buyer and/or Seller may, at any time, cancel the LOI. Closing will occur when plans, engineering and permitting are in place. Lot split may occur, if necessary, before closing with mutual agreement by the parties to the transaction. The exact size and scope of the Bank of Fayetteville parcel in consideration will be determined by schematic plans and engineering through whatever entity the City of Fayetteville determines will handle the development or predevelopment process. The City of Fayetteville will build, to the capacity it is able, a parking deck upon the subject property at 542 W Dickson, south of the intersection of W. Watson Street and West Avenue. The parking deck will consist of no less than 292 spaces plus as many spaces as can be built with funds from the Transportation Bond or any budget number above the bond the City might deem fit. This LOI will be dependent on a successful negotiation for the use of a portion of the property currently owned, but not occupied, by the Bank of Fayetteville/Farmers and Merchants Bank. Due Diligence Due Diligence shall mean any negotiations or necessary events which will lead to a purchase and sale contract. This due diligence period will include the successful pursuit of a contribution or sale of the land owned by Farmers and Merchants Bank. Any item not listed here which buyer needs to address shall not be excluded from this non- C® 1 S H M A pal g Northwest Arkansas ��II J lf�l �\•r�`J� �v� ��I ®i is j Suiitte OOBHuntDrive K E F I E L® = PARTNERS Rogers, AR 72758 479-845-3000 Office binding letter of intent. Non -Binding Agreement: This proposal is not intended as, and does not constitute, a binding agreement by any party, nor an agreement by any party to enter into a binding agreement but is merely intended to specify some of the proposed terms and conditions of the transaction contemplated herein. Neither party may claim any legal rights against the other by reason of the signing of this letter or by taking any action in reliance thereon. Each party hereto fully understands that no party shall have any legal obligations to the other, or with respect to the proposed transaction, unless and until all of the terms and conditions of the proposed transaction have been negotiated, agreed to by all parties and set forth in a definitive agreement which has been signed and delivered by all parties. The only legal obligations, which any party shall have, shall be those contained in such signed and delivered definitive agreement referred to above. If you have any questions, please call us to discuss at (479) 802-0028. We would appreciate your response as soon as possible. We look forward to receiving your response. Regards, Sterling Hamilton Sage Partners Agreed: Mayor Lioneld Jordan, City of Fayetteville Arkansas - Buyer Agreed; GaAHudso 0�&r=mers and Merch nts Ba Seller Northwest Arkansas CUSHMAN & mmsa 5100 W. JB Hunt Drive e91100 ®CIAKEFIEL�D Roi��s, `� PAR7HLRS Rogers, AR 72758 479-845-3000 Office Northwest Arkansas sage 5100 W JB Hunt Drive C U S H M A N& — I III II 1 WA K E F I E L D Site Boo -PARTNERS Rogers,AR 72758 479-845-3000 Office pctober 9. 2019 Mayor Lioneld Jordan Sage Partners on behalf of Fayetteville Depot, LLC (Greg House) Via Electronic Mail Dear Mayor Jordan: The following is a Letter of Intent for an offer to sell the below -referenced property under the following terms and conditions: Location: Fayetteville Depot 550 W Dickson Street (Exhibit Attached) Seller: Fayetteville Depot, LLC Buyer: City of Fayetteville-- Sale Price $250,000 plus exchange of the 0.25 acre northern parcel of the 9givic -- Plaza icurrenUY West Ave Parkin Lot - ity toprovide survey_ - ------------ Terms: LOI will be good for 60 days Due Diligence for buyer and seller to discuss terms of a purchase and sale. Buyer and/or Seller may, at any time, cancel the LOI Closing will occur when plans, engineering and permitting are in place. Lot split may occur, if necessary, before closing with mutual agreement by the parties to the transaction. I Deleted: August 12. 2019 Deleted: or3pecial Purpose Entity Deleted: cultural arts corridor Deleted: Deleted: and specifications). The approximate size and scope of the Depot parcel in consideration is 0.35 acres south of an extensJon of the north line of Watson 5t ROW. an access easement to allow for a segnd narking garage exit and a tempnrary construction easement_Final Size and scope will be Deleted: determined by schematic plans and engineering through whatever entity the City of Fayetteville determines will handle the development or predevelopment process. The City of Fayetteville will work in good faith with Fayetteville Depot, LLC in order to determine the final size and scope of the exchange property at the north end of the Ivic Plaza CWest Ave Parkinlj,�ot)._ The buildino's uses and design should embrace the design Intention and suPort the types of activities envisioned to actuate the adjoining Civic Piasa thrnu hout the day. The bu i I di nq shall be a paroximatel 5400 so ft footprint and shall be a maximum of 3 stones and shall comply with all the re uirem ents of the uncle I l ng Main Street Center Zonmg District and the Downtown Doslan Overlay District- It shall nave active around floor uses (restaurant. cafe, art gallery, retail_sh4Apin_g e- tc.i, While LEED Ce�ifica ion ks not required, the bslildin shall incorporate sustainable products. practices and prt7grams into the building's design construction and ooer$tiort 5 ecifical[v, the building's stompwater management shall emyloy blow impact development that is comDlimen tary to the_ adjoining Civic Plaza- The bui Idi na Is to be built in pon un CtIon wlth the construction of ft Deleted: Cultural Arts corridor Deleted: Walton Arts Center parking Deleted: I C U S H M A N& Northwest Arkansas u sage S ite W JB Hunt Drive 111II 1 WAKEFIELD suite800 s, PARTNERS Rogers, AR 72758 479-845-3000 Office buildino is to be built In coniunclion with the construction of the adioinina Civic Plaza. Fayetteville Depot, LLC will work with the City of Fayetteville to ensure the protection f and acre • to the rei ht building occupied bit the Arsaga's Depoturing the narking deck Collstrucfion. The City of Fayetteville will buil4 a parking deck upon the subject property at 550 W Dickson. The parking deck will consist of no less than 29-4spaces plus as many spaces as can be built with 10 M in funds from the ultural Arts Corridor Bond Dould additional development on the adiainin❑ parcels owned b_y Favetievi lie De Dot LLC or the Bank of Favettevil le/Fa rme rs. and Merchants Sank warrant aiditionaParking demand beyond City constructed spaces, the City will work with Fayetteville Depot LLC tp allow private e_quib undiLig to be contributed for addltlonal design and construction necessary for additional foundational support- structure floors and any other reasonable ad,ditionalelemenis to the Cily's arks og deck. Cost allocation shall be determined by the Clt 's desi Qn engineering firm The allooation of those City controlled and private eouity-controlled spaces shall be documented prior to the new deck being placed in service This LOI will be dependent on a successful execution of the use of a portion of the property currently owned, but not occupied, by the Bank of'•,. Fayetteville/Farmers and Merchants Bank, Due Diligence Due Diligence shall mean any negotiations or necessary events which will lead to a purchase and sale contract This due diligence period will include the successful pursuit of a contribution or sale of the land owned by Farmers and Merchants Bank. Any item not listed here which buyer needs to address shall not be excluded from this non- binding letter of intent Non -Binding Agreement: This proposal is not intended as, and does not constitute, a binding agreement by any party, nor an agreement by any party to enter into a binding agreement but is merely intended to specify some of the proposed terms and conditions of the transaction contemplated herein. Neither party may claim any legal rights against the other by reason of the signing of this letter or by taking any action in reliance thereon- Each party hereto fully understands that no party shall have any legal obligations to the other, or with respect to the proposed transaction, unless and until all of the terms and conditions of the proposed transaction have been negotiated, agreed to by all parties and set forth in a definitive agreement which has been signed and delivered by all parties. The only legal obligations, which any party shall have, shall be those contained in such signed and delivered definitive agreement referred to above. Deleted: warrant, through any acceptable legal mechanism, the reconstruction/replacement of the Deleted: Arsaga's Deleted: Depot Deleted: and/or business on the now Walton Arts Center parking lot { Deleted: , to the capacity it is able Deleted: 2 Deleted: Transportation Deleted: or any budget number above the bond the City might deem fit. Deleted: The City further agrees that any spaces above the 292 required spaces will be available for lease, with revenue to the City, by any future development at 550 W Dickson Street so long as some portion of the ¶ 4 4 4 ownership entity is comprised of Fayetteville Depot, LLC or any other entity owned in part or in whole by Greg House.¶ Deleted: Should the city, now or in the future, abandon any of the parking spaces within the then constructed parking deck Greg House reserves the right, at his cost, to construct and operate a rooftop entertainment establishment which conforms to the city's approved business uses within the current or future zoning Greg House agrees to finance such establishment should the opportunity become available.¶ Deleted: negotiation Deleted: for C U 5 H M A N& usage Northwest Hunt Drive 6100 W. JB Hunt Drlve I11II `WAKEFIh'ILD 800 PARTNERS Ruge Rogero, AR 72758 s. 479-845-3000 o lee If you have any questions, please call us to discuss at (479) 802-0028. We would appreciate your response as soon as possible. We look forward to receiving your response. Regards, Sterling Hamilton Sage Partners Agreed: Mayor Lioneld Jordan, City of Fayetteville Arkansas - Buyer Agreed: Greg House — Fayetteville Depot, LLC - Seller CUSHMAN & fIIIII I WAKEFIELD Sage Northwest Arkansas 5100 W JB Hunt Drive Suite 800 Rogers, AR 72758 479-845-3000 Office .i f ' j: It Ik I .ttinNc rP �Cu1P Wiu:P1G r � II �r•.�s aocs �c. r 3YFMF�CF t rl T F4sYN�Ah=H I®LA'E � ]ffCPr >•n'Cf:MP iliillnl� :1'D iCR 1Q ROC/ IF: P. EVlO1f OTCNS � - I •JCUr¢F�C 1�. ii ---___.------ -----__--~ I ' FK_M A•TW LCUTCN :'i-Jr '-b�rgK�l 1r IFW :!tO LYIPA IFRI fI I IU i Northwest Arkansas C U S H M A N& ns Sage 51008 JB Hunl Drrvc IIIII h WAKEFIELD Roge00 caa*ver+s Rogers AR 7275E 479-845-3000 Office January 14, 2020 Mayor Lioneld Jordan Sage Partners on behalf of Fayetteville Depot. LLC (Greg House) Via Electronic Mai! Dear Mayor Jordan: The following is a Letter of Intent for an offer to sell the oelow-referenced property under the following terms and conditions Location: Fayetteville Depot 550 W Dickson Street (Exhibit Attached) Seller: Fayetteville Depot LLC Buyer: City of Fayetteville Sale Price $250.000 plus exchange of the 0 2 acre northern parcel of the Civic Plaza (currently West Ave Parking Lot) -city to provide survey Tenors: LOI willhe good for 60 days Due Diligence for buyer and seller to discuss terms of a purchase and sale Buyer ariftr Seller may at any time, cancel the LOI Closing will occur when plans, engineering and permitting are in place Lot split may occur if necessary before closing with mutuai agreement by the parties to the transaction The approximate size and scope of the Depot parcel in consideration is 0 3 acres south of an extension of the north line of Watson St ROW Fayetteville Depot wdl also work with the city to guarantee two points of access (ingress!Egress) to the parking deck via an easement (-0 2 Acres) Determination of these access points will occur through design and engineering The City agrees that liner building space will be available to Fayetteville Depot upon completion of the deck Fayetteville Depot agrees to develop liner buildings where space is available, to city development standards and in compliance with current or future zoning restrictions per the city of Fayetteville UDC. Liner Building will also include approximately 2,000 leasable square feet for Fayetteville Police Department at then current market rent The City of Fayetteville will work in good faith with Fayetteville Depot, LLC in order to determine the final size and scope of the exchange property at the north end of the Civic Plaza (West Ave Parking Lot) The building's uses and desgn should embrace the design intention and support the types of activities envisioned to activate the adjoining Civic Plaza throughout the day The building shall be no more than 3 stories and shall comply with all the requirements of the underlying Main Street Center Zoning District and the Downtown Design Overlay District It shall have active ground Floor uses (restaurant, caf6, art C„u y S H M A N & Northwest Arkansas 5"OO :N JB Hurt Drive 1111111k WA K E F I E L D m:sage Roite gerscAR 72755 47/5-845-3090 office gallery retail srccping, etc , While LEED Certification is not required the buiiding shall incorporate sustainable products practices and prograr,is ritc t ,e I,u;bring s design consu i.ction and operation SpeciricaIP, *•re cwmcioq s stormviater management shall employ low mpact -te,;eloomeM that is comollmertary to the adjoining Civic Plaza The Cit; snail be allowed transparency and access to communication around the selection of the any developer be it Fayetteville Depot or any other entity selected by the property owner All normal site development and utility connection cost shall be borne by the selected ouddirg developer and:or the Fayetteville Depot LLC The budding Is to Lie Curt :, the construction of the adjoining Civic Plaza and shall be ,omoleted prior to or by the time of the Plaza opening Favettev ite Depot LL-- will work with the City of Fayetteville to ensure the of-werr ::r .teot cn -f and access to the Freight building ir•; the I.rsaga s spot gnd thg historic Vain 'de at during the parking deck: _orstruction This protectlonrpreservatior will be agreed to thrcugn a egai rstrument recommended b;, both Bond Counsel and the City Attorney s Olice The C,ty and Fayetteville Depot furtner agree that negot atiolis oetween Arsaga s at TI-e Depot iCCary and Cindy Arsaga A •,I oe ccrolete before the city moves to approve contracts to purchase we Depot LLC s property Negotiations between Arsaga s a^d the Depot are ongoing and until Such time as a lease amendme ,� •_ Jti e; ,egal documert are signed and/or recorded by both tiie A •saaas ari Fayettevilie Depct LLC the city w ll not move fon,vard kwth c..na•arss or construction The City of Fave'tev!lts will b,i,id a parking deck upon the subject property at 550 Vv De --',,son The parking deck will consist of no less than 290 spaces p•..s as !-,any spaces as car be built with S10 M in funds from t^e C,i t,:iai Arts CDrridoi Bord Tne City rurtnei ay ees that any spaces above the _90 required pai^king spaces from the bond issue mil oe available in some capacity for use by anv future tenants so long as the method of use compiles with the bond requirements Future tenants mould include any tenants In the liner bundings around the deck or any `uture tenants from any other development o-i the original Fayetteville Depot LLC parcel Should additional development on the adjoining parcels owned by Fayetteville Depot LLC or the Banx of Fayetteville�Farmers and Merchants Bank ,var-ant additiorai parking or commercial development demand beyond City c unstructeo spaces, the City will work with Fayetteville Depot LL:; to allow private funding to be contributed for additional design and construction necessanF for additional foundational support. structure floors and any other reasonable additional elements to the City's parking deck Cost allocation shall be determined by the Gity s design engineei Ing N rn. The allvwation of those Citf controlled and private equity -controlled spaces shall be doCimerted prior to the new deck Being placed in service C U S H M A N 8t Northwest Arkansas Asa a 5100 w Hunt Drive II1II 1 WA K E F I E L D 3Uite a°° PARTNERS Rogers, AR 72758 479-845-3000 Office This LOI will be dependent on a successful execution of the use of a portion of the property currently owned, but not occupied, by the Bank of Fayetteville/Farmers and Merchants Bank Due Diligence Due Diligence shall mean any negotiations or necessary events which will lead to a purchase and sale contract. This due diligence period will include the successful pursuit of a contribution or sale of the land owned by Farmers and Merchants Bank Any item not listed here which buyer needs to address shall not be excluded from this non- binding letter of intent Non -Binding Agreement: This proposal is not intended as, and does not constitute, a binding agreement by any party, nor an agreement by any party to enter into a binding agreement but is merely intended to specify some of the proposed terms and conditions of the transaction contemplated herein. Neither party may claim any legal rights against the other by reason of the signing of this letter or by taking any action in reliance thereon. Each party hereto fully understands that no party shall have any legal obligations to the other, or with respect to the proposed transaction, unless and until all of the terms and conditions of the proposed transaction have been negotiated, agreed to by all parties and set forth in a definitive agreement which has been signed and delivered by all parties. The only legal obligations, which any party shall have, shall be those contained in such signed and delivered definitive agreement referred to above. If you have any questions, please call us to discuss at (479) 802-0028 We would appreciate your response as soon as possible We look forward to receiving your response Regards, Sterling Hamilton Sage Partners Agreed Mayor Lioneld Jordan, City of Fayetteville Arkansas - Buyer Agreed: Dreg House — Fay tteville Depot LLC - Seller Id ft. y z 0 J `1 m w O w LO �OUw z z X N J y O O X w N O u Q r 7 d �uA Of In 1 TIV ❑3HVHS U z r m0 s z l �U r�C7�n X w E� f ■ MON. Fayetteville, AR Solt�r r r- ;!h rR b t t r r t� Bank Land Conveyance to City k Depot Land Conveyance to City r y Civic Plaza Land Leased/Conveyed to Depot Transit Flub Area City's Option to F':lrchase Depot Space Conservation Agreement �. (;rn.qG Fasements (Not Shown) Irr�r/i' I �� •.. F r r t/ / fir— - IL � I w IF ' Oil �� f ,4 xS , City ofti iyaile AR "Ai,II rin" ray I Sl,rcic sorporalifln Pic'tolTtetry ,. Internahcirrai ; ),I -era In 7/20/2020, 8:50:25 AM 1:2,257 0 0.0175 0.035 0 07 mi 0 0.03 0.06 0.12 km The data contained herein was compiled from va M for Iho sole a and benefit of pte C I y of Fay ettewlle Geographic Info rmotion ali on System and inn public agonons 11 s Any use of the data by anyone other than the City of Fayetteville is at the sole rsk of the and by accep tIl' of Ih:s Bala, thn user does herebyagrea to indnm oily Tu Cily of ayrclt_,"I and hold p c Cily of Fay Ale vi lle harmless lrom and wAh oui hob 11, for any damns' actions, cost lordamages of any nature, including lie city cost of defense, asserted by u or by another a sing from the use of this data The Cry of f-ayetlev lle makes he rx press orimphed war rarnta es will reference to the data 11, word, phrase- or clause found heroin shall be construM to warvclh al lot im munP,y set la thunder Arkansas law City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0943 Agenda Date: 3/2/2021 Version: 1 Status: Tabled In Control: City Council Meetinq File Type: Resolution Agenda Number: B.2 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 212512021 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 CityClerk From: dede peters <dedepictures@gmail.com> Sent: Tuesday, December 15, 2020 5:01 PM To: Marsh, Sarah; Gutierrez, Sonia; Bunch, Sarah; Smith, Kyle; Turk, Teresa; Kinion, Mark; Petty, Matthew; Scroggin, Sloan; Mayor Cc: CityClerk; Williams, Kit Subject: Concerns regarding CAC land swap and parking structure Attachments: ULI Repo rt_FayetteviIle AR_031720 FINAL.pdf CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council and Mayor, I'd like to relay a few important concerns I have regarding negotiations for the possible civic plaza land swap and parking structure as part of the Cultural Arts Corridor Project. I applaud efforts of City staff, the Mayor, Kit Williams, and City Council who have worked for months on this contract. I know it has not been easy. This is a legacy project. This project will have a profound influence on our community and economy for the next two generations. Mistakes or rushed decisions made now will only be compounded in the future. There is just one opportunity to get this project right. There should be no doubts and few concessions. First, I bring these concerns as a resident and former downtown business owner (ddp gallery) who spent significant time serving the community and working toward the Cultural Arts Corridor project. I've been participating since 2004 with the Dover Kohl Downtown Master Plan process, I served on the inaugural Fayetteville Arts Council, I started First Thursday, I was selected by Fayetteville Downtown Partners as a stakeholder for developing the Cultural Arts District zoning, and I was appointed by Mayor Jordan as the arts and culture rep for his 2008 transition team. Since 2012, I've worked as a city employee. Here are my concerns. •Lack of RFP In March 2016, City Council passed a resolution of intent to explore development possibilities for the West Avenue lot. The staff memo recommends developing an RFP with questions to be answered such as proof of financial feasibility, management, lease proposals, etc. In the summer of 2016, Council Member Petty brought forward a potential development for the south side of the civic plaza. Once the information became public - more investors came forward expressing interest. Paraphrasing from meeting minutes, Chief of Staff Don Marr relayed that people want the City Council to list development priorities in an RFP so the process would be open and transparent. Unfortunately, the RFP was never developed and thus the questions recommended in the resolution have not been asked and therefore not answered. Currently, Little Rock is seeking requests of interest for redevelopment of its River Market Hall. This RFI provides an example of what the City might seek for in a public private partner. This is what I wish was required for this land deal. Link: https://www.littlerock.com/docs/default-source/rfp-rfq-bids/request-for-interest/rfi---river-market- 20200714 6 small.pdf?sfvrsn=2b1460b7 2 Food Hall parcel This parcel is extremely valuable in terms of development potential and experience. It's value needs to be quantified. For the Cultural Arts Corridor project, the city and Experience Fayettevillle are researching how the public spaces will be maintained and operated. The experience a visitor has in the civic plaza and Fay Jones Woods will most likely include a visit to the food and beverage establishment at the north end of the plaza. Will the experience at the food hall compliment or detract? What research has been conducted into feasibility of a food hall? There are conflicting reports, especially since the pandemic, questioning food halls as the future solution or a dead end concept. If the concept needs to be adjusted, will the structure be able to accommodate new models for successful hospitality experiences? New York's High Line Park has been used as a comparison to Fayetteville's Cultural Arts Corridor project. The High Line, owned by NYC but operated by the High Line Conservancy, understands the need for an "experience." It is a major tourist attraction but also used daily by neighbors. The High Line Conversancy's food vendor and cafe RFP is an example of how to ensure vendors fulfill the experience. Since the food hall will be operating independently, the managing entity/City loses the ability to ensure quality and consistency. See the link for the thoroughness of the High Line vendor RFP for a cafe and food vendors. Link: https://kkandp.com/wp-content/uploads/2018/08/High-Line-RFP-Coach-Passage-The-Porch.pdf Urban Land Institute (ULI) Workshop Report On the morning of December 15, 1 received a copy of the report (attached) about a meeting between city staff and the developers with ULI staff. After reading the report, I have asked staff to please answer how the city has addressed recommendations from ULI such as "Hire an Outside Consultant to Evaluate the Partnership" and 21 other points for consideration. Thank your for your time, Dede Peters Ward 2; Washington Willow neighborhood resident Sent from my iPhone Urban land Institute March 18, 2020 Peter Nierengarten, PE Environmental Director City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 2001 LStreet, NW 202-624-7000 www.uli.org Suite 200 202-624-7140 Facsimile Washington, DC 20C36 RE: Cultural Arts Corridor Parking Deck — Public/Private Partnership Review Dear Mr. Nierengarten, Please accept this letter report summarizing the special Project Analysis Session for the City of Fayetteville ("City") regarding the proposed Cultural Arts Corridor parking deck and public/private partnership ("partnership"). ULI Advisory Services — Special Project Analysis Session The goal of the ULI Advisory Services program is to bring the finest expertise in the real estate field to bear on complex land use planning and development projects, programs, and policies. Since 1947, this program has assembled well over 700 ULI-member teams to help sponsors find creative, practical solutions for issues such as downtown redevelopment, land management strategies, evaluation of development potential, growth management, community revitalization, brownfield redevelopment, military base reuse, provision of low-cost and affordable housing, and asset management strategies, among other matters. A wide variety of public, private, and nonprofit organizations have contracted for ULI's advisory services. Each panel team is composed of highly qualified professionals who volunteer their time to ULI. They are chosen for their knowledge of the panel topic and are screened to ensure their objectivity. The City of Fayetteville, AR, engaged with the ULI Advisory Services program to conduct a special Project Analysis Session over a video conference call on February 26, 2020. This special session was approximately three hours long and allowed the ULI panelists to engage with representatives of the City of Fayetteville in a concentrated effort to provide recommendations on key questions proposed by the City. ULI brought together four panelists for the session including, Richard Perlmutter (Chair), Tom Murphy, Dan Anderton, and Paul Bernard. The biographies of the panelists are attached. ULI Advisory Services staff included Tom Eitler and Kelsey Steffen. Participants in attendance at the invitation of the City of Fayetteville included: Peter Nierengarten - Environmental Director, City of Fayetteville Greg House - Houses Inc and Depot LLC (Development Team) Ted Belden — Old Buildings LLC (Development Team) Susan Norton — Chief of Staff, City of Fayetteville Lioneld Jordan — Mayor, City of Fayetteville Wade Abernathy — Bond Construction Projects Manager, City of Fayetteville Ryan Hale — Northwest Arkansas ULI Chapter, Board Member Molly Rawn — Experience, Fayetteville, CEO Sterling Hamilton — Sage Partners, Broker (Development Team) Audy Lack — Miller Boskus Lack, Architect (Development Team) Rob Sharp — Rob Sharp Architect (Development Team) The Assignment The City of Fayetteville presented the following questions to the ULI Advisory Services special Project Analysis Session panelists: 1. What do you see as key contractual elements to ensure that this specific project is successful? 2. What are the key elements to ensure that this project can be a model for future Public -Private Partnerships in Fayetteville? 3. What common legal barriers are common for public/private partnerships and should be considered as part of contract negotiations. 4. What contractual provisions should be included in the contract language to protect the City in the event of default or neglect associated with the building on the north end of the civic plaza and the commercial space under the parking deck. 5. How do we ensure an equitable transaction between the City and the Development Team? 6. How do we clearly and simply communicate to elected officials and the public an equitable transaction for all parties? 7. Taking into consideration trading the developer's currently entitled development rights due to the use of the developable area consumed by the public parking deck, plus the air rights over preserved buildings. This is in addition to the value to the community in preserving historic structures and the sacrifice of the developer by conserving these buildings. 8. What are some strategies for reclaiming public support for the vision and purpose of this partnership amidst a controversial community narrative? Key Observations and Recommendations Given the City's need to build the garage, the ULI panel agrees with the City in their pursuit of this public/private partnership. Through this partnership, the City can not only deliver the needed parking but also use the garage to leverage redevelopment of additional commercial and mixed -use (proposed hotel) on this site. This site has the potential to be a catalyst for the development and the realization of the City's vision for the Cultural Arts Corridor. In order to achieve its vision, the City needs to shift the existing narrative from a partnership to develop a single use parking structure to a shared placemaking redevelopment which has the potential to unlock economic development for the area. The City should also look to attract outside funding sources to preserve municipal dollars and improve public perception of this endeavor. The City should show extra care in the selection of a private partner and in the drafting of all binding agreements so as to reinforce trust and transparency, ensure equitable outcomes, and increase the probability that the project meets and/or exceeds community expectations. Recommendations During the Project Analysis Session, the panelists discussed and provided answers and recommendations to the questions asked by the City of Fayetteville. Through this discussion of the questions posed by the City, three major topic areas emerged in which the panel provided more specific recommendations. These recommendations are weaved amongst the various questions but ultimately Video Project Analysis Session - Fayetteville, AR 2 provide guidance to the City of Fayetteville on how to create a clear, fair, and mutually beneficial development partnership with a private entity or entities, what legal barriers or other provisions to be mindful of, and how to improve public perception of this partnership throughout the process of this project. The recommendations are detailed in the section below. Public/Private Partnership Agreement Elements (Addresses questions 1,2,4,5) This section provides recommendations related to the contractual elements that will ensure the project's success, that it can be used as a model for future public/private partnerships, and that will be equitable and protect the City in the event that the developer doesn't fulfill their contractual obligations. Detailed Contract — First and foremost the contract that is drawn up for the partnership needs to clearly delineate roles and responsibilities, project scope, milestone and performance metrics/requirements, as well as other standard guarantees, remedies, representations and reversionary clauses if appropriate. The contract must also include some of the elements described below, including, what the agreed -upon long-term vision of the project will be, such as what programming elements are expected or should occur on -site and what the quality should be of the buildings and open space of the site. All phases of the project should also be included as part of the contract. The contract should also include an agreed upon contingency plan for the City in the event their development partner fails to uphold their portion of the contract. Phase the Project — Given the deadline to build the parking structure the panel recommends the City break the project into three digestible phases, the first being the garage. As the City doesn't have its development partner in place for the future hotel (or other use) building, breaking this project into multiple phases allows Fayetteville to focus on the garage building while continuing to work out the details of the remaining site. If the liner building needs to be built with the garage, the developer will need to prepare to fund its development and negotiate the leasing terms of the commercial space. Create an Unwind and Mutual Release Agreement — Creating an Unwind and Mutual Release Agreement will ensure that there is a contingency plan agreed upon by both parties that explores "what happens if" scenarios. For example, if the economy slows down. Can the garage stand on its own? What is the developer still responsible for a given condition where redevelopment of the other portions of the site is not possible? Whatever this plan is, make sure it's clear and captured as part of the detailed contract. Long Term Vision — Fayetteville needs to iron out the details of the long-term vision of this entire site. The panelists stated that the City needs to think about the programming of the site as well as the quality of the project. This needs to be figured out early on so that the programming isn't thrown together or just passive. These elements should be reflected in the contract in some capacity to ensure that the City and the developer(s) have clear expectations about the desired product. o Programming - Reach out the community for recommendations on what they would like to see. This element can also be included in the RFP to help identify potential development partners that have ideas. It's also worth considering early on what will Video Project Analysis Session - Fayetteville, AR become of the garage as parking needs decrease with the continued development of autonomous vehicles. o Quality - This part of the project needs to be momentous and memorable as the rest of the Cultural Arts Corridor. Use this as an opportunity to establish clear expectations on quality at the beginning of the process and ensure a development partner can achieve that quality. • Vertical Condo Negotiation — The garage and liner building will likely need a vertical condo regime that sets out priorities and responsibilities with respect to condemnation and casualty loss. • Trust (City and Developer(s)) — There needs to be a strong sense of City and their development partner. The partnership needs to be fair and transparent between both parties and detailed in a way that ensures that both parties have a shared responsibility in the success of this project. • Trust (City and the Public) — Another important element is the trust between the public and the City (discussed in more detail below). By incorporating many of the elements described throughout this section, the City can regain faith and credit from the community by demonstrating how they have reduced potential risks associated with a partnership. • Hire Outside Consultant to Evaluate the Partnership — The panelists recommend that the City engage a third -party consultant to evaluate the proposed partnership terms as they related to land economics and equity. Some companies with land economics expertise include RCLCO Real Estate Advisors, HR&A Advisors, Inc., and JLL. This evaluation can review the existing terms and take into consideration the air rights and potential future land use/zoning conditions of the site. Not only would this evaluation provide the City with peace of mind, but this information could be used to provide peace of mind to the public that has concerns over the equity of the proposed partnership. Use Outside Funding Sources — The panel strongly recommends Fayetteville pursue additional funding beyond their General Obligation Bonding capacity. There are multiple funding sources that this project could qualify for, possibly reducing the City's direct contribution for this project. Preserving City funding is also an excellent talking point for City officials regarding this project. The panel recommended the City explore the following funding sources: o Local and Federal Historic Tax Credits o New Market Tax Credits o Transportation Infrastructure Finance Innovation Act Credits (TIFIA) or Railroad Rehabilitation & Improvement Financing (RRIF) ■ Union Station in Denver, CO was able to get TIFIA funds and is similarly located adjacent to a privately owned railroad. Consider contacting Christine Barnet, who was instrumental in helping Denver get these funds. o Section 108 Loan Guarantee Program o Federal/State Small Business Grant/Loan Programs o Other Federal Tax Credit Programs • Leasing Strategies — Consider alternative leasing strategies Video Project Analysis Session - Fayetteville, AR 4 o Reverse Ground Lease - This could be structured to provide an incentive to the developer to hold the asset for a long time. For example, a ground lease could be bought out by the developer starting at FMV in year one and declining by 10% per year until it reaches $1 in year 10. o Pre — Leasing - The city could require 35% pre -leasing requirement before building permits are released. • Review Similar Projects — Greenville, SC is a very successful city of about 100,000. Through a very creative public/private partnership and great design the City was able to revitalize its Downtown. It is, along with Lancaster, PA and Loveland, CO models for Fayetteville's proposed Cultural Corridor Developments. In each case the City had a clear strategic vision about what they wanted to happen and how it might catalyze additional investment. The financing in the three cities was multilayered with funds coming from private, public, and philanthropic sources. In each place the quality of the design of the development was very high and seen as important for the success of the development. In each city the relationship between the developer and public officials was characterized by trust and strong confidence. In Greenville, SC the City partnered with a developer on a vacant piece of property along the Reedy River in Downtown. The development known as RiverPlace is a mixed -use development of offices, condo, artist studios, and retail. About 20 percent of the cost of the development was public funds, much of which was invested into public space. In Loveland, CO, the City created a public/private partnership with a local foundation, which provided the seed funds, to restore and expand a vacant theater in downtown. The restoration and expansion of the theater, catalyzed hundreds of millions of dollars in additional investment in the city. In Lancaster, PA the revitalization of the old Farmer's Market using public funds and a public/private partnership that restored surrounding buildings has led to millions of additional private investments and a very vibrant downtown. ULI is in the process of developing a report that includes case studies on the three cities mentioned above. This report is expected to be published in May 2020. ULI will share this report with the sponsor once the report is finalized. Legal Considerations (addresses Question 3) The panel made the following recommendations to the City of Fayetteville related to potential legal conditions that could complicate the public/private partnership or other contractual elements the City should be aware of in order to avoid risk with the partnership. • Bond Type — There could be private use limitations on the garage depending on the type of bond issued for financing (taxable v. tax-exempt). For example, the hotel may not be able to secure spaces in the garage as envisioned by the agreement, because the bond was tax-exempt. The panel recommends that the City investigate this limitation and consult with a public finance advisor to help determine if the proposed hotel use triggers any private activity bond issue. If it Video Project Analysis Session - Fayetteville, AR 5 does, and the City wishes to move forward, the consultant should be able to advise on possible refunding/restructuring options or other remedies. Given the current interest rate environment, it's likely the taxable bond rate isn't much more than the tax-exempt rate. Stick to Your Role — The panel stated that the greatest conflicts arise when the public entity ties the hands of the developer. The best strategy is for the City to set up the agreement that is clear on the role of the City and the role of the developer(s). Good partnerships happen when the roles of the City and the developer(s) are agreed upon from the get -go and everyone sticks to their role. If the developer can do their job, then the City has set the stage right and has done its job. However, the City should feel empowered to establish performance criteria for the developer(s) with penalties for not reaching milestones included in the agreement. • Uncomplicate the Deal — Keeping the deal as simple as possible will help avoid potential legal or contractual complications that could hold the project up. The panel's general feedback was that the deal is too complicated in terms of ownership. Less complication will also about the City to know how efficiently unwind a transaction in the event of an issue with the partnership. Building the Garage First — As mentioned above, if the City needs to meet its deadline for building the garage and the parking is needed then they should move forward with getting all the pieces in place to accomplish this. With this strategy, however, the developer needs to be held accountable for their portion of the parking in the garage in the event they do not immediately deliver their portion of the project by providing a performance guaranty or by posting a performance bond for their obligation. The City should require the developer to get an insurance policy for their cut of the parking so that they can pay their fair share of the bond back. Improving Public Perception and Support for Public/Private Partnerships (addressed Questions 6,7) Much of the panel discussion focused on the public perception issue with this type of partnership. The panel offered the following recommendations to try and shift this perception and communicate the benefits of the City entering this type of partnership. Change the Narrative — Rather than focusing on the public/private partnership the City should change the narrative of this project. The City should communicate to the public that this project is an economic catalyst for the rest of the Cultural Arts Corridor. One way to get the public's support in this is to utilize an economic opportunity index. Enterprise Community Partners offers this type of assessment and could provide the City with the information to explain to the community how this investment will impact the community positively. Clearly Show the Phases — As mentioned above, breaking this entire project into three distinct phases creates an easier explanation of the planned execution of the project for the public. Especially given that the developer who will ultimately have to deliver isn't currently at the table the conversation with the public needs to be simplified and start with this first phase, involving the garage. This will help the City clearly articulate what everyone is putting on the table and here is what the City anticipates getting. The rest of this conversation should focus on the ultimate quality of the project and what the City is aspiring to accomplish. Video Project Analysis Session - Fayetteville, AR 6 Site Design Considerations Throughout the panel session, the following design recommendations were made. • Consider looking at the block as an urban city block and focusing circulation on the outside v. the inside. The shared alley concept could be limiting what design options could exist on the block. If the City were to need to build the garage independently, this solution could give the City a way to create more space on the block for other future buildings. • Most of the open spaces in the Cultural Arts Corridor appear to be predominantly passive. This site is an opportunity to create an activated northern anchor to compliment some of the passive spaces including maker & creative innovation activity spaces. • Focus on the available transit elements and make sure they all tie together as part of the block design. This is a great opportunity to create a good node to tie all the transportation modes together in this area. • Don't block W. Watson Street with buildings or parking so as not to limit the possibility for a creative use of the triangular parking area along the tracks to the north of the site. • The Design alternative shown below reflects the idea that the parking garage could be an independent prestressed concrete span parking garage and have an external liner. This would allow for a less expensive initial garage construction but would limit habitable construction on top of the garage. Video Project Analysis Session - Fayetteville, AR 7 Potential Design Alternative RETA1L- 1STFLM - 934D5f -. INN6VA17N &F ICE ti lb&MF J J NdiEL l6DKaMS I NCLrMD 152o S+F 1�811 • ELFVAT✓1R}SiA1�5 — -• 932b a� TRACE -_ -- INOVA T)DA Dff10E A$6W— flAZA"Sa SEAAN I j HM SF / F LbM FREE- STWD1 _ TMULTmk- 1ST FLbM RETAIL A �A S.S. i.EVEIA j U-1010 SF 9� SPACES r tip L AF�i�t� j � IcAKAC� ENTICY Q(15� SZ4Is l ST Fth6R JAIL f z2b 5F i H�Ta`L ABDY� FbZ±�rTAN IL - S S701;1 FWESULWO4L tbktpETC pARxsN� s�wcru�E - .yo��o��F�c� CX15TIhl6r FCTA1 L SECTIJIN A -A' Credit: Dan Anderton, Dewberry, February 26, 2020 Video Project Analysis Session - Fayetteville, AR 8 Conclusion In conclusion, we hope these suggestions will help you as you move forward with the development of the Cultural Arts Corridor parking deck. It's clear that the City has been diligent and attentive in approaching this effort as a mutually beneficial undertaking with the private sector; an approach that has long been encouraged by the Urban Land Institute. Please let us know if there is anything we can do to be of assistance. Sincerely Thomas Eitler Senior Vice President The Urban Land Institute Video Project Analysis Session - Fayetteville, AR 9 Urban land Institute Advisory Services Program Special Project Analysis Session Video Conference Panel Fayetteville, Arkansas February 2020 Biographies Video Project Analysis Session - Fayetteville, AR 10 Panel Chair Richard L. Perlmutter Principal and Co -Founder Argo Development Company Rockville, MD Mr. Perlmutter co-founded Argo Development Company in 1996. The firm has expertise in developing retail, office, residential, and urban mixed -use projects. Since its inception, Argo has acquired or developed over three million square feet of commercial and residential space in the Washington, New York, and Boston metropolitan areas. Over Mr. Perlmutter's professional career, he has developed, and managed property valued at over $2 billion. The firm is strategically aligned with the Foulger-Pratt Companies and develops and acquires real estate primarily for its own account. One the firm's noteworthy projects is Downtown Silver Spring, a one million square foot mixed -use development in Montgomery County, Maryland. The development includes retail, office, hotel, multifamily, and civic venues. The project received the U.S. Environmental Protection Agency's 2008 National Award for Smart Growth Achievement. The development is a public -private partnership with Montgomery County, Maryland. Prior to founding Argo, Mr. Perlmutter held numerous positions in government and the private sector, including Bank of America and U.S. Senate. He is a frequent speaker and participant on ULI panels and workshops and is a member of numerous boards and the District of Columbia Bar. Panelists Daniel Anderton Senior Associate, Community Design & Planning Dewberry Rockville, MD Dan Anderton has a design career of more than 30 years and has been directly involved in the creation of communities both nationally and internationally covering all aspects of Land Use Planning and Physical Design including: comprehensive and master planning, urban and mixed -use design, entitlement site planning, redevelopment planning, affordable housing, re -zoning, subdivision planning, community revitalization, main street retail design, wayfinding and signage, placemaking, parks and recreation design & Landscape Architecture. He has proven project design experience in the applicability of planning, zoning, subdivision and he also has extensive experience working with stakeholders, local and state government development review processes and in creating effective working relationships with jurisdictional agencies, boards, commissions and the public. Mr. Anderton has a goal to create community environments that are memorable, comfortable, sustainable and inclusive to a wide demographic of visitors, residents and business owners while also Video Project Analysis Session - Fayetteville, AR 11 being marketable for both public and/or private developers. He takes care to ensure that a conceptual design's integrity, density, and sense of place is maintained through the planning process. By carefully planning FAR and densities, providing for a mix of diverse building and product types and phasing, and by incorporating traditional and neo-traditional design styles, his community developments are poised to fulfill the needs of the market and a wide cross section of prospective renters, buyers, visitors and shop owners. Mr. Anderton has been involved with, and completed, hundreds of projects involving direct interaction with citizens, developers, architects, planning boards, County Councils, Mayors, public utilities, Transportation officials, and other involved parties. The juggling of everyone's interests throughout the completion of a plan or project is extremely important. The desire being to go through the design and planning process with the majority of stakeholders feeling as though they have succeeded in having their personal vision incorporated into the community. Mr. Anderton graduated with a Bachelor of Landscape Architecture and Environmental Planning from Utah State University in 1983 and with a Masters of Landscape Architecture from the University of Illinois in 1985 with an emphasis on Behavioral Design and Placemaking. Dan is currently employed by Dewberry, a national planning, engineering, and architectural firm, and is responsible for Community Planning and Urban Design within the company. He has worked for architects, engineers, landscape architects, and horticulturalists throughout his career giving him a unique and holistic perspective of community planning, urban design and Landscape Architecture. Tom Murphy Senior Resident Fellow, ULI/Klingbeil Family Chair for Urban Development ULI — the Urban Land Institute Washington, D.C. Tom Murphy is Senior Resident Fellow, ULI/Klingbeil Family Chair for Urban Development. Murphy, former mayor of Pittsburgh, joins other ULI senior resident fellows who specialize in public policy, retail/urban entertainment, transportation/infrastructure, housing, real estate finance and environmental issues. His extensive experience in urban revitalization -what drives investment, what ensures long-lasting commitment -is a key addition to the senior resident fellows' areas of expertise. Prior to his appointment as senior resident fellow, Murphy had served as ULI's Gulf Coast liaison, helping to coordinate with the leadership of New Orleans and the public to advance the implementation of rebuilding recommendations made by ULI's Advisory Services panel. In addition, he worked with Louisiana state leadership, as well as with leadership in hurricane -impacted areas in Mississippi, Alabama and Florida to identify areas appropriate for ULI involvement. Prior to his service as the ULI Gulf Coast liaison, Murphy served three terms as the mayor of Pittsburgh, from January 1994 through December 2005. During that time, he initiated a public -private partnership strategy that leveraged more than $4.5 billion in economic development in Pittsburgh. Murphy led efforts to secure and oversee $1 billion in funding for the development of two professional sports facilities, and a new convention center that is the largest certified green building in the United States. He Video Project Analysis Session - Fayetteville, AR 12 developed strategic partnerships to transform more than 1,000 acres of blighted, abandoned industrial properties into new commercial, residential, retail and public uses; and he oversaw the development of more than 25 miles of new riverfront trails and urban green space. From 1979 through 1993, Murphy served eight terms in the Pennsylvania State General Assembly House of Representatives. He focused legislative activities on changing Western Pennsylvania's economy from industrial to entrepreneurial, and authored legislation requiring the Commonwealth of Pennsylvania pension fund to invest in venture capital. In addition, he authored legislation creating the Ben Franklin Technology Partnership, which is dedicated to advancing Pennsylvania's focus on technology in the economy; and he authored legislation to encourage industrial land reuse and to transform abandoned rail right-of-ways into trails and green space. Murphy served in the Peace Corps in Paraguay from 1970 through 1972. He is a 1993 graduate of the New Mayors Program offered by Harvard University's Kennedy School of Government. He holds a Master of Science degree in Urban Studies from Hunter College, and a Bachelor of Science degree in Biology and Chemistry from John Carroll University. He is an honorary member of the American Society of Landscape Architects; a board member of the Pennsylvania League of Cities and Municipalities; and a board member of the National Rails to Trails Conservancy. He received the 2002 Outstanding Achievement of City Livability Award from the U.S. Conference of Mayors and was awarded the 2001 Pittsburgh Man of the Year Award by Vectors Pittsburgh. Paul Bernard Executive Vice President, Advisory Services ULI — the Urban Land Institute Washington, D.C. Paul is an Executive Vice President for the Urban Land Institute (ULI), a nonprofit education and research institute that focuses on issues of land use, real estate and urban development. The mission of the Institute is to provide leadership in the responsible use of land and in creating and sustaining thriving communities worldwide. Mr. Bernard recently joined ULI and manages the Advisory Services, Urban Plan, Professional Development and the Awards programs. Prior to joining ULI, Mr. Bernard served as Vice President at Enterprise Community Partners, Inc., where he led the organization's national public -sector and community development advisory practice. Previously, Paul held several senior roles in government and the private sector, including Senior Vice President at Walker & Dunlop (NYSE: WD) where he led the company's Investment Advisory practice. He was also a Principal and Division Head at MunieMae (NYSE: MMA), managing the growth and operations for approximately $1.0 billion in institutional capital. Mr. Bernard also held senior positions at the City of Detroit, where he was appointed by Mayor Dennis Archer as the Director of Planning and Development and a Member of the Economic Development Cabinet, and at Public Financial Management (PFM), where he was a Senior Managing Consultant for federal, state and local municipalities and public authorities on traditional and alternative financing initiatives. Mr. Bernard holds a master's in Public Policy from Harvard University, an MBA and a bachelor's degree in Foreign Service from Georgetown University. Video Project Analysis Session - Fayetteville, AR 13 Video Project Analysis Session - Fayetteville, AR 14 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-1136 Agenda Date: 3/2/2021 Version: 1 Status: Tabled In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.3 ANX 2020-0001(3435 E. ZION RD./BURGE): AN ORDINANCE TO APPROVE THE ANNEXATION PETITION OF PATRICIA LYNNE SEVERINO, AS TRUSTEE OF THE ROBERT EUGENE BURGE IRREVOCABLE TRUST, AND ANNEX 59.00 ACRES OF LAND LOCATED AT 3435 EAST ZION ROAD WHEREAS, Patricia Lynne Severino, as Trustee of the Robert Eugene Burge Irrevocable Trust, has properly secured the Washington County Judge's authorization to annex 59.00 acres located at 3435 East Zion Road. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby confirms the annexation to the City of Fayetteville, Arkansas, of that property described in Exhibits A and Exhibit B attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby zones the newly annexed property R-A, Residential Agricultural. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the official map and zoning map of the City of Fayetteville to recognize this annexation. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby assigns this 59.00 acres to Ward Three of the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 212512021 City of Fayetteville Staff Review Form 2020-1136 Legistar File ID 12/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 1/5/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: ANX 2020-000001: Annexation (3435 E. ZION RD./BURGE, 100/139): Submitted by WATKINS LAW OFFICE for property located at 3435 E. ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 59.00 acres. The request is to annex the property into the City Limits of Fayetteville with the zoning of R-A, RESIDENTIAL AGRICULTURE. 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 JANUARY 5, 2021 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: December 18, 2020 CITY COUNCIL MEMO SUBJECT: ANX 2020-000001: Annexation (3435 E. ZION RD./BURGE, 100/139): Submitted by WATKINS LAW OFFICE for property located at 3435 E. ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 59.00 acres. The request is to annex the property into the City Limits of Fayetteville with the zoning of R-A, RESIDENTIAL AGRICULTURE. RECOMMENDATION: The Planning Commission and City Planning staff recommend approval of a request to annex the subject property as described and shown in the attached Exhibits `A' and 'B'. BACKGROUND: The subject property is in northeast Fayetteville on the south side of E. Zion Road, about .30 miles east of N. Crossover Road (or Highway 265). The property under consideration is the majority of a 62.2 acre parcel (001-15182-000), and the applicant intends to not include two portions of land that are adjacent to E. Zion Road, bringing the acreage under consideration to 59.00 acres. The property currently has a single-family dwelling, which county records indicate was built in 1947, and associated outbuildings for what has long been an agricultural use. Hilton Creek runs east and west through the site, and the area surrounding the creek is designated as a flood plain. The property is located within 1 mile from the Fayetteville city limits, and the westernmost portion of the property is adjacent to the current City limits; an associated rezoning has also been submitted by the property owners (PZD-2020-000002). Request: The request is to annex the subject property into the City of Fayetteville. The applicant has stated that the annexation is needed so that the property can be developed. An order of annexation was signed by the Washington County Judge on July 10, 2020. Land Use Plan Analysis: City Plan 2040's Future Land Use Map designates the properties within the proposed annexation as Residential Neighborhood Area and Natural Area. Residential Neighborhood Areas are primarily residential in nature and offer a wide variety of housing types of appropriate scale and context, encouraging traditional neighborhood development that incorporates low -intensity, non-residential uses on corners and along connecting corridors. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Natural Areas consist of lands with limited development potential, including stream and wildlife corridors and encouraging a development pattern that requires conservation and preservation. In addition to the Future Land Use Plan, City Plan 2040 sets forth several guiding policies to consider an annexation proposal, which are attached in full to staff's report. These include the potential impacts on Fayetteville's boundaries, services, infrastructure, intergovernmental relations, property administration, and existing environmentally sensitive areas. Staff finds that while the proposed boundary is unusual, it does not create any islands, and begins to square off the existing City limits to the north. Further, the request is compatible with many of these policies, including that the proposed annexation will include environmentally -sensitive areas along Hilton Creek. Staff finds that leaving the land within Washington County does not prevent development from happening, but limits Fayetteville's control over how the land is developed. If the land is annexed into the City's limits, city ordinances such as tree preservation, streamside protection, and zoning enforcement would apply. Current infrastructure availability to the site is minimal, and staff finds that E. Zion Road is underdeveloped, the site's only point of access, with an under -capacity one -lane bridge. That said, the Master Street Plan indicates a Neighborhood Link Street bisecting the property east and west to connect to N. Crossover Road, that opens up opportunities for development, access for fire and the extension of needed utilities such as water and sewer to the site. Further, the applicant intends to include an adjacent property that is already within the City limits in their development plan, making near -term access to proposed development through this corridor in the annexed portion much more feasible. Staff finds that much of the cost of infrastructure improvements needed would be borne by the developer, but future maintenance would likely be at the City's expense. The school system, Springdale Public Schools, did not comment on the proposal, and neither did the police department. Despite its potential shortcomings, staff finds that the annexation request is overall of a benefit to the City, given the added development control, the proposed development form of the associated Planned Zoning District, and the ability to offer greater protections over an area of environmental concern with regards to the Hilton Creek floodplain and the Lake Fayetteville watershed. DISCUSSION: The item in question was in front of the Planning Commission four times. The item was first brought to Planning Commission on August 24, 2020, where it was tabled indefinitely. Commissioners needed to see a more robust plan for the area for clarity about the potential impact this request could have on the City. The applicant reconfigured an associated rezoning request through a PZD, or Planned Zoning District, re -notified the public, and brought the item with the associated PZD back to Planning Commission on November 9, 2020. Commissioners did not hear the annexation at that meeting, nor at the November 23, 3030 meeting, each time voting to table to the subsequent meeting as details of the associated PZD were worked out. Commissioners heard this annexation request in conjunction with the associated PZD at the December 14, 2020 meeting. Finding in favor on the balance of issues on the annexation itself, and finding the associated PZD appropriate (with added conditions as well as conditions recommended by staff), Commissioners voted to forward the annexation request with a vote of 7- 1-0 with a recommendation of approval to City Council. Commissioner Garlock offered the dissenting vote on the annexation, finding that any development that would occur without annexation likely would not contribute as much asphalt as is what is currently proposed with the associated PZD. Public comment was received and provided to the Planning Commission ahead of each meeting and is included in full in staff's report. Public comment was heard on the annexation at the August 24, 2020 and at the December 14, 2020 Planning Commission meetings. Neighbors and residents expressed concerns with flooding in the area, water quality conditions to Lake Fayetteville, limited infrastructure availability for the influx of traffic, and general opposition to the proposal at large. City staff recommended adding a condition that a flood study be provided for the area in association with the PZD, and also reported that impacts from the development as far as drainage was concerned would have to meet all drainage standard criteria. Ultimately, staff found and Commission agreed that many of the issues noted by the public would be best addressed through annexation, driving the recommendation of approval. Annexing the land will subject the property to the City of Fayetteville's Unified Development Code and the drainage, design, and tree preservation standards within. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report ANX-2020-000001 Close Up View y�, z F� O �_ I STONE DR- W a J RSF-4 G G' G' W O W p1 N O Q.' U ' R-O ZION RD Legend Planning Area �- - - Fayetteville City Limits Trail (Proposed) Building Footprint tl BURGE W U 0 J fL Y W M W O tU U Ix O U----- Subject Property Feet 0 180 360 720 1,080 1 inch = 500 feet 1,440 A& NORTH Residential -Agricultural RSF-4 Residential -Office Neighborhood Services - Gen. P-1 SURVEY DESCRIPTION: THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) AND PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), OF SECTION NINETEEN (19), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY- NINE (29) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 19, SAID POINT BEING A FOUND 1/2 INCH REBAR; THENCE ALONG THE NORTH LINE OF SAID NW 1/4 OF THE SE 1/4, S87029'54"E A DISTANCE OF 570.00 FEET TO A FOUND 1 INCH PIPE; THENCE LEAVING SAID NORTH LINE, NO2°17'19"E A DISTANCE OF 894.88 FEET; THENCE N31 °17"12"E A DISTANCE OF 61.88 FEET; THENCE N02017'19"E A DISTANCE OF 30.12 FEET TO A POINT ON A NON -TANGENT CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 26.00 FEET, AN ARC LENGTH OF 32.86 FEET AND A CHORD BEARING & DISTANCE OF S33054'56"E - 30.71 FEET; THENCE S70°07'11"E A DISTANCE OF 2.84 FEET; THENCE N62013'43"E A DISTANCE OF 193.73 FEET; THENCE N27°46'17"W A DISTANCE OF 7.88 FEET; THENCE N02013'43"E A DISTANCE OF 216.09 FEET; THENCE S87°36'11"E A DISTANCE OF 292.00 FEET; THENCE S02°13'43"W A DISTANCE OF 136.99 FEET; THENCE S27046'17"E A DISTANCE OF 193.19 FEET; THENCE S87°46'17"E A DISTANCE OF 148.40 FEET TO THE EAST LINE OF SAID SW 1/4 OF THE NE 1/4; THENCE ALONG SAID EAST LINE, S02013'43"W A DISTANCE OF 971.65 FEET TO THE NORTHEAST CORNER OF SAID NW 1/4 OF THE SE 1/4 AND A FOUND 1/2 INCH REBAR; THENCE ALONG THE EAST LINE OF SAID NW 1/4 OF THE SE 1/4, S02023'57"W A DISTANCE OF 1316.65 FEET TO THE SOUTHEAST CORNER OF SAID NW 1/4 OF THE SE 1/4 AND A FOUND MONUMENT "ALAN REID"; THENCE ALONG THE SOUTH LINE OF SAID NW 1/4 OF THE SE 1/4, N87°30'23"W A DISTANCE OF 1320.05 FEET TO THE SOUTHWEST CORNER OF SAID NW 1/4 OF THE SE 1/4 AND A FOUND 1/2 INCH REBAR IN CONCRETE; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE OF SAID NW 1/4 OF THE SE 1/4, N02017'05"E A DISTANCE OF 1316.84 FEET TO THE POINT OF BEGINNING, CONTAINING 59.00 ACRES, MORE OR LESS. 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 December 14, 2020 Updated with PC hearing results from 12/14/2020 SUBJECT: ANX 2020-000001: Annexation (3435 E. ZION RD./BURGE, 100/139): Submitted by WATKINS LAW OFFICE, INC. for properties located SOUTH OF AND AT 3435 E. ZION RD. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 59.00 acres. The request is to annex the properties into the City Limits of Fayetteville. RECOMMENDATION: Staff recommends forwarding ANX 2020-000001 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward ANX 2020-000001 to the City Council with a recommendation of approval." August 24, 2020 Planning Commission Meetinq: This item was initially heard at the August 24, 2020 Planning Commission meeting, where it was tabled indefinitely bV the Planning Commission. The commissioners expressed concerns about available infrastructure and public comment surrounding the one -lane bridge on E. Zion Road, and expressed a desire to see a more comprehensive plan for the area, such as through a PZD, or Planned Zoning District. The applicant has developed a PZD (RPZD-2020-000002) that incorporates an ad'lacent parcel that is currently located within the City limits, and following the Drovision of Dublic notification. reauests that the annexation be reconsidered in association with that request. November 9, 2020 Planning Commission Meeting: At the November 9, 2020 Planning Commission meeting, Commissioners voted to bring the item off the table to discuss. Commissioners then voted immediately to table the item to the subsequent Plannina Commission meetina on November 23. 2020. November 23, 2020 Planning Commission Meeting: The applicant requested to table the item until the next Planning Commission meeting_ Commissioners moved to suspend the rules and not hear public comment on the item, given the aaDlicant's reauest. and voted to table the item to the December 14. 2020 Plannina Commission meeting. BACKGROUND: The subject property is in northeast Fayetteville on the south side of E. Zion Road, about .30 miles east of N. Crossover Road (or Highway 265). The property under consideration is the majority of Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 1 of 278 a 62.2 acre parcel (001-15182-000), and the applicant intends to not include two portions of land that are adjacent to E. Zion Road, bringing the acreage under consideration to 59.00 acres. The property currently has a single-family dwelling, which county records indicate was built in 1947, and associated outbuildings for what has long been an agricultural use. Hilton Creek runs east and west through the site, and the area surrounding the creek is designated as a flood plain. The property is located within 1 mile from the Fayetteville city limits, and the westernmost portion of the property is adjacent to the current city limits; an associated rezoning has also been submitted by the property owners (PZD-2020-000002). 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 Washington County: AG/SF Res 1, Agricultural Single- family Residential (1 units per acre) South Single -Family Residential/ Washington County: AG/SF Res 1, Agricultural Single - Agricultural family Residential 1 units per acre East Single -Family Residential/ Washington County: AG/SF Res 1, Agricultural Single - Agricultural family Residential 1 units per acre Single -Family Residential/ City of Fayetteville R-A, Residential -Agricultural; West Undeveloped Washington County: AG/SF (Res 1, Agricultural Single - Family Residential 1 units per acre Request: The request is to annex the subject property into the City of Fayetteville. The applicant has stated that the annexation is needed so that the property can be developed. An order of annexation was signed by the Washington County Judge on July 10, 2020. Public Comment. Staff has received many public inquiries regarding this request and its associated rezoning. Surrounding property owners have voiced concerns regarding limited infrastructure availability for an influx of traffic, reported flooding concerns from Hilton Creek and its associated floodplain, and expressed general opposition to the annexation and rezoning. Comments in full are provided with this report. INFRASTRUCTURE: Streets: The property has frontage to E. Zion Road. E. Zion Road is an unimproved, unclassified 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 any improvements or requirements for drainage. The Master Street Plan also indicates a planned Neighborhood Link Street running east and west through the property, which would ultimately connect the site to N. Crossover Road. Water: Public water is available to this parcel through an existing 12-inch water main present along E. Zion Road. Sewer: Sanitary Sewer is not available to the subject property. The subject parcel is currently outside the city limits and would need to be annexed and have sanitary sewer extended by the developer to provide access. 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. No portion of the property is within the Hillside -Hilltop Overlay District. The property is bisected by Hilton Creek, which is not currently part of the Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 2 of 278 Streamside Protection Zone, though a portion of the property appears to be in a Zone A floodplain. 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 5 located at 2979 N Crossover, protects this site. The property is located approximately 2.4 miles from the fire station with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. This property does not meet the fire department's response goal of 6 minutes for an engine, but does meet the 8 minute goal for a ladder truck. Police: The Police Department did not express any concerns with this request CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area and Natural Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. Natural Areas consist of lands approximating or reverting to a wilderness conditions, 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 score of 2-4 for this site, with a weighted score of 3.5 at the highest level. The following elements of the matrix contribute to the score: • Near Park (Lake Fayetteville and David Lashley Park) • Near Paved Trail (Lake Fayetteville, on -street bike lands on N. Crossover Road) • Near Water Main (E. Zion Road) • Appropriate Fire Department Response time (Station 5 located at 2979 N Crossover)* Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 3 of 278 o *Only portions of the site are covered in this response time. The Fire Department indicated an estimate of a 7.2 minute response time to reach the site. FINDINGS OF THE STAFF CITY PLAN 2040 (Res. 35-20) 12.3 Annexation Guiding Policies Boundaries 12.3.5.a Annex existing islands and peninsulas and do not annex areas that create an island or peninsula Finding: The proposed annexation is a backwards L-shape, and creates an unusual boundary, leaving two portions of land immediately to the north and to the west left unincorporated. Though technically not creating an island since two small notches are remaining within the County of the property as a whole, the proposed new city limit boundaries could cause confusion for residents and inefficiencies for service providers because of the atypical configuration. 12.3.5.b The proposed annexation area must be adjacent, or contiguous, to city limits. Finding: Approximately 1300 linear feet of the western -most boundary is completely adjacent to the corporate city limits. The property then jogs to the east and then north, connecting to Zion Road outside of the city limits. 12.3.5.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide. Finding: The proposed annexation is for an area containing no subdivisions, and is the majority of one 62.2 acre legal lot of record with one owner. It does not divide any subdivisions or neighborhoods. 12.3.5.d Boundaries for annexed areas should follow natural corridors. Finding: The proposed annexation boundaries almost follow the property lines of the subject property, but leaves two small notches at the northeast and northwest corners of the property unincorporated into the city limits. The annexation boundary does not necessarily follow any natural, already existing corridors. The property is bisected by Hilton Creek, a designated natural area by the City Plan 2040 Future Land Use Map designation, and the only currently existing street frontage is along E. Zion Road, which is outside of the city limits. The property does not currently intersect with any streets within the City of Fayetteville. However, the Master Street Plan shows a future Neighborhood Link corridor running east and west through the entire property, and connecting N. Crossover Road (Highway 265) to Old Wire Road. 12.3.5.e The provision of services should be concurrent with development. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 4 of 278 Finding: The property is adjacent to City water along E. Zion Road, but not City sewer. This property does not meet the fire department's response goal of 6 minutes for an engine, but does meet the anticipated goal of 8 minutes for a ladder truck. That said, should the associated PZD be approved, a proposed Neighborhood Link Street would connect this site to N. Crossover Road. Any services would need to be extended at the time of development. ENVIRONMENTALLY SENSITIVE AREAS 12.3.5.f Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Finding: The property is largely undeveloped except for a farm, single-family dwelling, and its accessory structures. No portion of the property is within the Hillside -Hilltop Overlay District, or Streamside Protection Zone, though approximately 30 acres of the site is within the Enduring Green Network, and approximately 3.5 acres of the site is within a floodplain surrounding Hilton Creek. If the property were to be annexed, a portion of the property would Several citizens have reported flooding events on their properties within the region of the requested annexation, which the city currently does not have any jurisdiction over since the property is outside of the city limits. By bringing the site into the City limits, further development will be subjected to the City's streamside protection standards. EMERGENCY AND PUBLIC SERVICES 12.3.5.g Public services must be able to be provided efficiently in newly annexed areas. Finding: Fire: The Fayetteville Fire Department response time to this location is approximately 7.2 minutes from the current closest station (2979 N Crossover). The Fire Department response time goal is six minutes for an engine and eight minutes for a ladder truck; this site is currently above the Fire Department's stated response goals. Police: To date, the Fayetteville Police Department has not expressed any concerns with this request. 12.3.5.h Annexed areas should receive the same level of service of areas already in the city limits. Finding: The subject property would receive the same services, including trash service, police protection, fire protection, sewer, water, recycling and yard waste pick-up, and zoning protection as nearby property within the City. 12.3.5.i The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units, and response time. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 5 of 278 Finding: These factors were taken into consideration in the responses and recommendations included in this report. INFRASTRUCTURE AND UTILITIES 12.3.5.j Areas currently served by utilities and other public services should be annexed. Finding: The property in question is currently served by City of Fayetteville water, but not sewer. Additionally, extensions would need to be made to this property, likely at the property owner's expense at time of development. 12.3.5.k Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. Finding: Engineering: Engineering anticipates a need to upgrade utilities. Though public water is currently available to the site, extensions would need to be made upon any proposed development. Sanitary sewer is not currently available to this proposed property. Planning: If developed under the zoning requirements of the concurrently -requested PZD, there will be a marked increase in both density and traffic. Staff finds that significant infrastructure improvements would likely need to be made to absorb the increase in density and traffic, including potential street improvements to Zion Road (which is currently not owned by the City of Fayetteville), redevelopment of a one -lane bridge on E. Zion Road, and bringing the proposed Neighborhood Link Street into compliance with the Master Street Plan. Staff does find that the most recent iteration of the PZD does indicate a desire to reduce the amount of development which fronts E. Zion Road, somewhat alleviating a concern about how much development that road could currently support. Much of the cost of this infrastructure improvement would initially be borne by the developer, but much of the maintenance would likely become the City's responsibility. 12.3.5.1 Phased annexation should be initiated by the City within active annexation areas based on planned service extensions or availability of services. Finding: Not applicable; the proposed annexation is not part of a phased annexation initiated by the City. INTERGOVERNMENTAL RELATIONS 12.3.5.m Promote long-range planning with adjacent jurisdictions. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 6 of 278 Finding: The extent of the proposed rezoning is not within or adjacent to the planning areas of other municipalities in Washington County. The property would require at least emergency access through Washington County, as E. Zion Road is currently divided between Fayetteville and Washington County right- of-way, and does not have a City of Fayetteville Master Street Plan designation. 12.3.5.n Establish agreements to address regional concerns, such as water, stormwater, and sewer. Finding: Several citizens have reported stormwater and flooding concerns in the area; likely discussion would need to occur to discuss solutions for mitigating these issues, especially if this large portion of land is brought into the City of Fayetteville. ADMINISTRATION OF ANNEXATIONS 12.3.5.o Develop a land use plan for annexation initiated by the City. Finding: Not applicable; this annexation is not City -initiated. However, the property is included within the City's Future Land Use Plan and is primarily designated as a Residential Neighborhood Area. 12.3.5.p Designate zoning districts for the property during the annexation process. Finding: Annexations are automatically zoned R-A, Residential Agricultural. The applicant has submitted a concurrent request to rezone a portion of the property to a Planned Zoning District (PZD-2020-000002) with proposed Planning Areas. The associated item will be heard at the same meeting. The applicant's request indicates that the portion of the property that is designated as a Natural Area is intended to stay downzoned to limit development potential in that area. 12.3.5.q An annexation study should be completed on all annexation proposals. Finding: Planning staff has engaged with the Engineering Division along with the Water and Sewer, Fire, and Police Departments to review the proposed annexation. The request was studied to determine if facilities or services are available or needed in association with this request. Responses are included throughout this report. 12.3.5.r Development proposals require a separate review from the annexation proposals. Finding: Future development of the subject property will be required to go through the development review process. No development proposal has been submitted, though a rezoning request as a PZD was submitted concurrently and will be heard at the same meeting. 12.3.5.s Residents should be fully informed of annexation activities. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 7 of 278 Finding: Per §157.03 of the Unified Development Code, property owners and residents within 200 feet of the subject property are notified. Additionally, a legal advertisement has been submitted with the local newspaper prior to the Planning Commission meeting for which this item is scheduled. Signage was also posted on the site informing surrounding neighbors of the annexation proposal. Residents were also informed of the scheduled public meetings and how to participate. 12.3.5.t Encourage larger annexations to create acceptable boundaries. Finding: Staff finds that this request is of a moderate size, totaling approximately 60 acres. The request would help fill in the City boundaries to the east; to the north of the proposed annexation, the City of Fayetteville boundary extends further to the east, and this annexation would begin to "square off" this boundary. Should City Council choose to annex this portion of land, there would be a few pieces of land that would remain in Washington County. 12.3.5.0 Conduct a fiscal impact assessment on large annexations. Finding: Given the moderate size of the proposed rezoning, a fiscal impact assessment was not conducted for the requested annexation. However, it should be noted that annexing land toward the northeastern extent of the City and developing it can pose financial challenges for the City to maintain the public infrastructure in a fiscally sustainable manner. The proposal to rezone the property in a manner that promotes urban form and higher densities toward property that fronts N. Crossover Road, and lower density towards the west and north and E. Zion Road frontage somewhat ameliorates this concern. RECOMMENDATION: Planning staff recommends forwarding ANX-2020-000001 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: December 14, 2020 O Tabled 7! Forwarded O Denied Motion: Belden Second: Canada with recommendation of approval (Vote: 7-1-0 (Commissioner Garlock dissenting vote BUDGET/STAFF IMPACT: None Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 8 of 278 Attachments: • City Plan 2040, Section 12.3: Annexation • Request letter • Order of Annexation • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 9 of 278 12.3 Annexation Annexation is the inclusion of previously unincorporated lands within the City limits. Annexation has benefits to the residents of the annexed area as well as to the City. The residents gain access to urban services, such as enhanced police and fire protection and have a voice in city government. The City gains the ability to control development and extend boundaries in a logical manner. The purpose of this planning element is to take a more active approach toward annexations by identifying potential annexations areas and establishing annexation policies. The annexation policies will guide evaluation of future annexation proposals. The policies are designed to ensure that public services, infrastructure, and utility extension is properly addressed in order to manage growth. The potential annexation areas may become part of the City when these annexation polices are met. v o> Cr 3 cQ CD o= o oc,C �3 a3 N W O N. V (Q N o CO (D V O 7 k d9 1 E1 A 49, i7a' 1 265 Figure 12.15 - Fayetteville Annexation Map 4iva !�M�ySkof+ De -Annexation (Removed from Fayetteville) 0 Annexation 1870 1910 1970-1979 1930-1939 0 198o-1989 1940-1949 1990-1999 0 1950-1959 0 2000-2009 1960-1969 0 2010-Present 149 Annexation History and Trends The original town was incorporated in 1870 with approximately 1,100 acres. Since incorporation, the City has made almost 200 annexations, totaling over 34,000 acres. Annexation activity was relatively slow until the 1940's, when over 2,500 acres were annexed within 19 annexations. During the 1950's, almost the same number of annexations took place, however, the total land area annexed was significantly smaller than in the 1940's. By the 1960's. annexation activity increased dramatically, with 42 annexations bringing over 18,000 acres into the city limits. Annexation numbers dropped in 1970 and stayed steady until the 1990's, when the number of annexations tripled from the 1980's. By 2000, the City contained 45 square miles and by 2018 the City contained approximately 55 square miles. One indicator of the amount of developable land within the City is the number of people per acre. Prior to 1940 there were approximately 5.6 persons per acre. This era represents the time when Fayetteville was still relatively small and consisted primarily of what we would now consider the downtown and surrounding neighborhoods. By 1970, after numerous large annexations in the 1960's, the persons per acre had been reduced to 1.3. The City's population continued to increase dramatically through the 2000's when we maintained just over 2 people per acre from 2000-2010. An annexation referendum in October of 2006 for a large area along Wedington Drive on the west side of town brought in an additional 1,400 acres of low density land for eventual development. v 9 > S m o(D m o o 2 7 3 a3 N W O N. V (Q N o CO (D V O 7 _.. VJEST s'r ti .p L4 N W SC h`v c4 5� o L La �x Z i f� Lei t s r _ v HE: GoeK 4VF r�JC C ft5 -7 S ` Figure 12.16 - Fayetteville Town Plat 150 State Statutes on Annexation Title 14, Chapter 40 of the state statute discusses annexation. Annexations can be initiated by a municipality or by property owners. A municipality can annex contiguous lands, lands surrounded by the municipality, unincorporated area that is completely bounded by two or more municipalities. If the municipality has the greater distance of city limits adjoining the area, and land contiguous and in adjacent counties to annex any contiguous lands, the governing body must adopt an ordinance, passed by two-thirds of the governing body and hold an election of the people. Those lands must meet one of the following criteria: • Platted and held for sale or use as municipal lots; • Whether platted or not, if the lands are held to be sold as suburban property; • When the lands furnish the abode for a densely settled community or represent the actual growth of the municipality beyond its legal boundary; • When the lands are needed for any proper municipal purposes such as for the extension of needed police regulation; or • When they are valuable by reason of their adaptability for prospective municipal uses. Contiguous lands must not be annexed if they meet either of the following criteria: Have a fair market value at the time of adoption of the ordinance of lands used only for agricultural or horticultural purposes and the highest and best use of the land is for agricultural or horticultural purposes; or Are lands upon which a new community is to be constructed with funds guaranteed in whole or in part by the federal government under Title IV of the Housing and Urban Development Act of 1968 or under Title VII of the Housing and Urban Development Act of 1970. To annex land surrounded by a municipality, the governing body can propose an ordinance to annex the property. Again, the lands must meet the criteria listed above. A public hearing must be held within 60 days of the proposed ordinance, A majority of the governing body must approve the annexation for it to become effective. � 0 > '3 CDo(DCDo N o 2 3 a3 N W3 O N. V (Q N o CO (D -I O 7 Figure 12.17 - Great Seal of the State of Arkansas 151 Property owners in areas contiguous and adjacent to the municipality may request annexation. They can apply with a petition of the majority of land owners in the area, if the majority of the total number of owners own more than one-half of the acreage affected. Potential Annexation Areas The potential annexation areas should be identified by the City using the following criteria: • Areas that are already urban in character. • Areas that can be developed at urban densities. • Immediate areas are those that are peninsulas or islands, where municipal services have already been extended. • Vacant lands that are subject to development pressure. • Areas where urban services are already provided. • Areas where urban services are needed. Annexation Guiding Policies Boundaries • Annex existing islands and peninsulas and do not annex areas that would create an island or peninsula. • Proposed annexation area must be adjacent, or contiguous, to city limits. • Areas should either include or exclude entire subdivisions or neighborhoods, not divide. • Boundaries for annexed areas should follow natural corridors. • The provision of services should be concurrent with development. Environmentally Sensitive Areas • Annex environmentally sensitive areas that could be impacted by development and utilize appropriate development regulations to protect those areas. Emergency and Public Services • Public services must be able to be provided efficiently in newly annexed areas. • Annexed areas should receive the same level of service of areas already in the city limits. • The ability to provide public services should be evaluated in terms of equipment, training of personnel, number of units and response time. �0>3� �o=�o wcv ,3 a3 N W N O N. V (Q N O CO (D -I O 7 152 Infrastructure and Utilities • Areas currently served by utilities and other public services should be annexed. • Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. • Phased annexation should be initiated by the City within the active annexation areas based on planned service extensions or availability of services. Intergovernmental Relations • Promote long-range planning with adjacent jurisdictions. • Establish agreements to address regional concerns, such as water, stormwater and sewer. Administration of Annexations • Develop a land use plan for annexation initiated by the City. • Designate zoning districts for property during the annexation process. • An annexation study should be completed on all annexation proposals. • Development proposals require a separate review from the annexation proposals. • Residents should be fully informed of annexation activities. • Encourage larger annexations to create acceptable boundaries. • Conduct a fiscal impact assessment on large annexations. �0>3(0 �o=�o Aom �3 a3 N W O N. V (Q N O CO (D V O 7 153 WATKINS, BOYER, GRAY & CURRY, PLLC WILLIAM P. WATKINS, III, PA. ATTORNEYS AT LAW RONALD L. BOYER, P.A.-- JENNIFER E. GRAY, RA.* DELYNN HALE, SECRETARY ANDREW T. CURRY, P.A. WRITER'S DIRECT E-MAIL Amy BENSON, PARALEGAL WILLIAMA. KELLSTROM wkellstrom@watkinslawoffice.com WMNFYDUCKEP, OFFICE MANAGER JOHN E. JENNINGS (OF COUNSEL) * ALSO LICENSED IN MISSOURI July 15, 2020 Fayetteville Planning Department 125 W. Mountain St. Fayetteville, AR 72701 Re: Annexation of Parcel No. 001-15182-000 into the City of Fayetteville Dear Planning Staff: Our firm has been retained to assist with the annexation of certain lands into the City of Fayetteville. A survey depicting the lands that are proposed to be annexed has submitted along with this letter. The purpose of this letter is to address the consistency of the proposed annexation the Annexation Guiding Policies provided in City Plan 2030. This annexation is consistent with those guidelines. The lands proposed to be annexed are contiguous to the Fayetteville city limits and will not create and islands or peninsulas. The property is contiguous to the City of Fayetteville along the majority of its Western boundary, and is located in the corner between lands annexed as the Stonewood Subdivision and lands annexed along N. Crossover Road. In this way, the proposed annexation is a natural extension of the Fayetteville city limits and follows the natural development corridor along Crossover Road. Annexation of this land would not divide any existing neighborhoods. The proposed parcel for annexation is owned entirely by one individual. The entire parcel is undeveloped, and has served as the homestead for the residence located on the parcel for several years. Public services can be efficiently provided to the proposed parcel, as it is within a reasonable distance from existing police and fire stations in Fayetteville. The parcel is approximately 1.85 miles from Fire Station #5, and approximately 2.5 miles from the Fayetteville Police Department Substation located on Shiloh. For comparison, the proposed parcel is roughly the same distance or closer to emergency services than Stonewood Subdivision, just North of the subject parcel. The parcel proposed for annexation is currently served by Fayetteville Water, Sewer, Recycling and Trash Pickup services. The property is adjacent to a twelve inch (12") water main which runs along E. Zion Road. As for sewer, the property would be served through the sewer main running adjacent to N. Crossover Road, and will run through the adjacent parcel which has been proposed for rezoning concurrently with this request. 1106 WEST POPLAR STREET ROGERS, AR 72756 PH: 479-636-2168 FX: 479-636-6098 W W W. WATKINSLAW OFFICE. COM REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING CORPORATE & COMMERCIAL LAW, BANKING, P06TMFff� L2mmission CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLON-( 67 T 14, 2020 ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGQ g da Item 7 CIVIL LITIGATION, COMMERCIAL & CONSUMER DEBTHpRI�figbo1 Burge Page 15 of 278 Annexation —Fayetteville Planning Page2 Lastly, the annexation will include a portion of an environmentally sensitive area —that area being a section of Hilton Creek. Although development plans have not been finalized, the applicant is requesting (through a concurrent rezoning request) that a portion of the parcel be zoned R-A for the purpose of preserving and protecting Hilton Creek. Thank you for considering this annexation application. If you have any questions please contact me. Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC /I . I , Will A. Kellstrom WK: PC: Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 16 of 278 DocuSign Envelope ID: AB5148BF-BB6C-4F94-B6D9-F7A39C98AC53 C-) Q :I .T;:K r~ CO t'�• 1'.5 j �r -• IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKAAAS IN THE MATTER OF ANNEXING TO THE CITY FAYETTEVILLE, ARKANSAS, CERTAIN TERRITORY CONTIGUOUS CC NO.2020-013 TO SAID CITY OF FAYETTEVILLE, ARKANSAS ORDER CONCERNING ANNEXATION On this regular day of a regular term of the County Court of Washington County, Arkansas, there is presented to the Court by Patricia Lynne Severino, as Trustee of the Robert Eugene Burge Irrevocable Trusted, dated December 20, 2012, the petition of the real estate owner desiring the annexation of territory to the City of Fayetteville, Arkansas, more particularly described therein. The court has received the verification of the county assessor and county clerk required by A.C.A § 14-40-609. This Court being fully advised of the facts and the law does hereby find as follows: 1. The Court finds that the petition and verifications are complete and accurate. 2. The Court further finds that no enclaves will be created by the annexation. 3. The Court finds that the petition contains a schedule of services. 4. The Court finds that the territory consists of lands that: a.. whether platted or not, are held to be sold as suburban property; b. represent the actual growth of the municipality beyond its legal boundary; and C. are needed for proper municipal purposes such as the extension of need police regulations. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 17 of 278 DocuSign Envelope ID: AB5148BF-BB6C-4F94-B6D9-F7A39C98AC53 Therefore, the Court hereby ORDERS that the petition and this Order be delivered to the City of Fayetteville, Arkansas. Cn4cus��a by: 36St fLI, 0304 34F]e462757444F--- JOSEPH K. WOOD, COUNTY JUDGE DATED: Jul 10, 2020 1 3:30 PM CDT UouISigned by: Tce- ABF7527CDFB845C..- Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 18 of 278 Date: Nov 21, 2020 Re Requests: Annexation of 3435 E Zion Rd and Rezoning for Chandler Crossing PZD To: Fayetteville Planning Commission This petition is to request a prudent decision to deny the annexation of 3435 E Zion Road and the Chandler Crossing PZD, due to the following issues: 1. Traffic issues and safety concerns regarding school age children, traffic through neighboring subdivisions, blind curves, inferior county roads and connectivity points, and the deteriorating one lane bridge. Jurisdiction onwho isresponsible for the improvements tothe road and one lane bridge. The proposed development would result inasmany as6OO+vehicles. I The flooding, storm water run-off, and drainage from the subject property into Hilton Creek, which ends up in Lake Fayetteville. Water quality in the lake has been previously studied by a toxicologist and discussed at the previous planning commission meeting. There is potential for increased lake pollution byadding Z67housing units . 3. The proposed development would create suburban sprawl and not be compatible with the surrounding land or semi -rural neighborhoods. This is sprawl, not infill, which goes against two ofthe goals ofthe City nfFayetteville. The annexation also would create anisland ofcounty property surrounded bycity property. 4. The proposed development would be in the Springdale School district, so a large part of tax mi||agewould gotoSpringdale School System. Yet, Fayetteville would beresponsible for paying for and maintenance nfthe project'sinfrastructure. 5. A large part of the subject property is located in Fayetteville's long range map of the Enduring Green Network. The Oty'sstated goal istoprotect existing natural areas from development and guarantee green space asthe city grows. The proposed annexation and rezoning donot meet that goal. We the undersigned request a denial to the annexation of 3435 E Zion Road and a denial to the proposed Chandler Crossing PZD. The care and future growth of our unique, quaint Fayetteville should lead us to focus on quality as a top priority rather than a disruption by quantity. Signature Printed Name Address Signature Printed Name Address qiannfiirp Drint—I Kin— AAA.... 8 Contact Person: Phone #: 3 S Masters, Jessica From: victoria mcclendon <viktorialeigh@gmail.com> Sent: Friday, December 11, 2020 3:31 PM To: Masters, Jessica Subject: Large development near Lake Fayetteville CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello I would like to submit a commit of concern regarding the large development proposed near Lake Fayetteville. My concern is for the negative impacts of excess runoff through the Lake Fayetteville watershed and for the water quality, already suffering, of Lake Fayetteville as a body of water used recreationally and attracting more citizens and visitors to that beautiful area. In my opinion,the city planners considering the change of land use from farming property largely to residential should consciously and publicly address how to ameliorate the large amounts of new impervious surfaces that would be created. Continuing to monitor Lake Fayetteville and including short and long term goals to improve the water quality is about education, planning, and commitment. This is a collaborative effort, with many citizen groups contributing to the ecological health and educational building locks as a community grows in a purposeful way. I hope to know of our city's strong contributions, including demonstrating the value of Lake Fayetteville as a water body near and upon which people recreate. Thank you for your attention and consideration and all the work you do in support of a remarkable city.' Sincerely, Victoria B McClendon 146 West Prospect Fayetteville Masters, Jessica From: William Correll <bc.row@cox.net> Sent: Friday, December 11, 2020 10:33 AM To: Masters, Jessica Subject: Chandler Crossing Concern 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. Mr Masters, I am writing to express concern with the potential impact of the proposed development on water quality of Lake Fayetteville. I am a resident of Bella Vista. I come to Fayetteville multiple times per week to row on the lake with the Rowing Club of Northwest Arkansas. We've had to cancel rowing with increased frequency because of the recurring hazardous algae blooms. As an architect on large scale developments, I am familiar with the extraordinary care that is required in site selection and mitigation efforts to avoid harmful runoff in adjacent steams and lakes. The proposed use of this site threatens to exacerbate conditions that lead to algae blooms and other public health issues. I have spoken to the City several times about the enormous potential of Lake Fayetteville as a public amenity. Maintaining it as a pristine jewel is an obligation to future generations. Please give strongest consideration to the water quality impacts of the proposed development. Minimal mitigation efforts should be unacceptable. Anything less than zero impact, or better a positive impact on runoff, should be reason to deny. Thanks you for your consideration, William Correll Masters, Jessica From: Kari Griggs <kgriggs@nilfisk.com> Sent: Sunday, December 13, 2020 3:09 PM To: Masters, Jessica Subject: Annexation on E. Zion Rd. / Burge Property 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. Ms. Masters, Let me start off with saying that the neighbors along E. Zion Road appreciate the time you and the Fayetteville City Planning Commission are taking to listen to our concerns. This is especially true for my husband and I, as we are the ones that have struggled with the most financial loss and property damage. We have also fought Mr. Burge the longest, over his Hylton Creek modifications, which continue to damage our property to this day. About 20 years ago, Mr. Burge was approached by the then neighbors, and asked to remove the low-water bridge and the grate that dams the creek and drives flood water out of the creek and on to neighboring properties. At first Mr. Burge agreed, then changed his mind, for reasons that were never provided. The pictures of the low water bridge in question show a very tranquil stream with nothing that immediately raises alarms for the surrounding area. Unfortunately, when it rains, this stream can go from a nice place to a raging flood in 20 minutes. The situation can be very dangerous. Also, once the water leaves the creek banks at the Burge bridge, it travels across the Burge farm and through our shop building. When we purchased the house, the flood water came up to the threshold of the shop doors. Now it exceeds 4 feet deep during heavier rains. I don't mean the 100-yr or 500-yr flood rains, I refer only to a simple heavy rain. Regardless, once the water leaves its banks and travels across properties, it can't help but pick up chemicals, manure and other such things that no one wants in Lake Fayetteville. When we first purchased our property in 1998, the back portion of our shop was in the floodplain. Each time major additions are built; the flooding problem increases. The answer seems to have been to update the floodplain and take in more area. Unfortunately, since our home is not within the city limits, we do not get the courtesy of being notified about any such changes. It seems that the City should correct problems as they take in County land and ensure no residents with Fayetteville addresses are negatively impacted by the desire to spread Fayetteville and gain new tax monies. My biggest concern with the Engineer speaking for the Developer during the last Planning Commission meeting was that he mentioned that they would just leave Hylton Creek along, so they don't cause further disruption and damage. This is exactly how previous developers have been able to come in, build their additions and ignore the implications to the properties in proximity. The Developer should have to address the potential damage he will be causing to surrounding properties and be held accountable for subsequent property damages. Leaving the problem, or in this case Hylton Creek, alone does not address the problem at all and sets us up for increasing future damage. If our properties are being damaged, I fail to see how Lake Fayetteville won't be impacted too. A do-nothing resolution for the creek should not be an option. It is also concerning that some of the E. Zion properties in the County will become an island or peninsula, which I thought was deemed to be illegal. This makes no more sense than letting an individual's creek modification continue to damage personal property and city resources. Again, we really appreciate your time and efforts to help us. ensure that this progress isn't solely at our expense. Kari and Tony Griggs 479-466-7756 3349 E. Zion Rd. We are not opposed to progress. We do, however, need to Masters, Jessica From: Linda Ferguson <Ierguson@mstonecc.com> Sent: Friday, December 11, 2020 10:48 AM To: Masters, Jessica Subject: Chandler Crossing subdivision 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 all Planning Commissioners, I am Linda Ferguson and live at 3258 E. Valerie Dr. Fayetteville. I am sending this email in opposition to the planned development of this property. I agree with the other property owners about the amount of homes that will contribute to the quality of water in regard to the run-off into Lake Fayetteville. I also would like to bring up the beauty of the pond area behind my home and would like the developer to consider using this area with the large trees around it as a focal point for this side of the property. In regard to the pond area we all would like to see this saved and used as part of a community gathering point for the homes he is going to build on top of that area. In another aspect this area has wild geese, wild ducks, blue heron, hawks, eagles that make this their home. I would just like to see the beauty of some of this land saved and used as part of their development, and fewer homes built so they would match the surrounding neighborhoods of this planned development. If this project goes forward our subdivision would like to have a green buffer between our property and the development. Thankyou for considering all aspects of the impact on the surrounding land and keeping the wildlife and environment secure and the beauty for the future of Fayetteville. Linda Ferguson Office Manager MILESTONE CONSTRUCTION COMPANY 2002 S. 48th Street, Ste. A / Springdale, AR 72762 W:479.751.3560 / C:479.387.7656 / F:479.751.4841 www.mstonecc.com FOLLOW US ON FACEBOOK! www.facebook.com/MilestoneConstructionCompan 1 GTS, Inc. C ev�echnira! 6 Testing Services November 17, 2020 Margaret Britain Margaret Britain 1931 N. Wheeler Fayetteville, AR 72703 TEL: FAX: I" Dear Margaret Britain: GTS Lab 1915 N. Shiloh Dr. Fayetteville, AR 72704 TEL: (479) 521-1256FAX.• (479) 521-6232 Website: www.goconsulting.nei Order No.: 2011046 GTS Lab received 2 sample(s) on 11/10/2020 for the analyses presented in the following report. There were no problems with the analytical events associated with this report unless noted in the Case Narrative. Analytical results designated with a "*" or "X" qualifier exceed permit limits provided to the lab for the indicated analyses. Quality control data is within laboratory defined or method specified acceptance limits except if noted. If you have any questions regarding these tests results, please feel free to call. Sincerely, Richard Brown Analytical Laboratory Director 1915 N. Shiloh Dr. Fayetteville, AR 72704 Revision v2 Pap 1 pf 3 anning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 19 of 278 GTSLab Analytical Report G TS Inc. 1915 N. Shiloh Dr. , Fayetteville, AR 72704 (Continuous) ceurachntcal s resting TEL: (479) 521-1256FAX.• (479) 521-6232 WO#: 2011046 Website: www.gtsconsulting.net Date Reported: 11/17/2020 CLIENT: Margaret Britain Collection Date: 11/10/2020 3:45:00 PM Project: Lab ID: 2011046-001 Matrix: AQUEOUS Client Sample ID 1 Bridge -upstream Analyses Result RL Qual Units DF Prep Date Analysis Date Method Nitrogen, Nitrate -Nitrite 0.3 0.3 mg/L 1 11/16/20 9:10 HACH 10206 Total Phosphorus 0.13 0.050 mg/L 1 11/17/20 9:30 EPA 365.3 E. coli >2419.6 1 MPN/100mL 1 11/10/20 16:48 11/11/20 12:26 Colilert-18 CLIENT: Margaret Britain Collection Date: 11/10/2020 3:56:00 PM Project: Lab ID: 2011046-002 Matrix: AQUEOUS Client Sample ID 2 South of fence Analyses Result RL Qual Units DF Prep Date Analysis Date Method Nitrogen, Nitrate -Nitrite 0.9 0.3 mg/L 1 11/16/20 9:10 HACH 10206 Total Phosphorus 0.55 0.050 mg/L 1 11/17/20 9:30 EPA 365.3 E. coli >2419.6 1 MPN/100ml- 1 11/10/20 16:48 11/11/20 12:26 Colilert-18 Qualifiers: * Value exceeds Permit Level for analyte B Analyte detected in the associated Method Blank Z DF Dilution Factor H Holding times for preparation or analysis exceeded X � D J Analyte detected below quantitation limits ND Not Detected at the Reporting Limit oCD RL Reporting Detection Limit Rl�e S Spike Recovery outside accepted recovery lirrSiZs vision V2 CD cc o � m o 00 c 3 A3 N W O O y. �I (� N O 00 (D -1 O 7 Page 2 of 3 CHAIN OF CUSTODY Client Name/Address Project Description Billing Information Field Test Information Test 1st Result 2nd Result Analyst Time Margaret Britain Margaret Britain PH: 1931 N. Wheeler Ave. _ 1931 N. Wheeler Ave. Temp: Fayetteville, AR 72703 Fayetteville, AR 72703 DO: Res.Ci: Client Project Manager/Contact Project/Site Location (City/State) RUSH -Additional Charges Apply Special DetectionLimit(s) Method of Shipment UPS Matrix Key WW-Wastewater GW-Groundwater Margaret Britain Date Results Needed E]F:edEz ourier Client Drop Off DW - Drinking Water S - Soil/Solid 0 - Oil other P - Product M - Misc Project Manager Phone IF Project Manager Email Site/Facility ID# purchase Order Number Project Number (479)236-0926 mmbritain2gmail.Com Preservative Kev YA Cool < 10C Na2S203 (Micro Only) Inc., 1915 N. Shiloh Drive B Cool <=6C Fayetteville, AR 72704 Y + .�. C H2SO4 Ph<2 0"techakal AL Tsetfng Services Phone (479) 521-7645 d Y p d D None Required q Fax (479) 521-6232 L cc c E NaOH pH>10 x m j M .. 4 p L — o uj ;; 'z 0 n o a F HNO3 pH<2 G HCLpH<2 H H3PO4 pH<2 I Cool <=6C Na2S203 www.gtsconsulting.net Unless noted, all containers per Table II of 40 CFR Part 136. START START STOP STOP DATE TIME DATE TIME y Sample Identification Required Analysis taboratory Sample Number w B G ., ii 110 wx w B G t� W B G _ W B G W B G W B G r W B G •� W B G W I B G W B G For kabomor'y ifse C1nty Sampl� d by (Name- Print) d Start Flow ReadingFinal Flow Reading g Units instantane ous or Total Flow Reading Ire CusWy Seats Lab Ctsr"e Relinquished by: (SIGNATURE) Date Time Received by: IGNATURg Da a Time j l /Time j3t�lrc/ Cvier Tefyip Relinquished by: (SIGNATURE) Date Received by: (SIGNATURE) Date Time Relinquished by: (SIGNATURE) Date Time Received by: (SIGNATURE) Date Time UCD 00 7CD 0 — m 3 �3 o — cn Page -L of N W O O N. C4 N O 00 CD v 0 7 Masters, Jessica From: Denise Jones <idjones52@gmail.com> Sent: Tuesday, December 8, 2020 4:43 PM To: Masters, Jessica Subject: Comments on Chandler Crossing PZD Resubmitted Plans 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 Whom it May Concern: We live in the Copper Creek Subdivision near East Zion Road and have been following closely following the proposed annexation and rezoning of the Burge Property as well as plans for Chandler Crossing. Our concerns are as follows: 1) The latest submitted plans are an improvement in that there is no access from Chandler Crossing to East Zion Road except by trail or emergency road. This addresses the traffic issues that many in Copper Creek/Stonewood/Embry Acres neighborhoods are concerned about. However, are there any guarantees that the developers won't change course again and decide to offer one or two intersections on East Zion as in the original plans? If so, then we'd be back to the same issues of traffic on a narrow road and an insufficient bridge. 2) Where does storm drainage from Chandler Crossing go? It does not seem to be addressed in the resubmitted plans. As the city is aware, there are serious issues and concerns with flooding in that area. 3) How does the design of the "link street" (the street that connects directly across Zion Road at Highway 265 where the traffic signal is) fit with the plan to eventually connect Zion all the way to Butterfield Coach Road? 4) As much as the resubmitted plans try to justify alignment with city goals of infilling and no sprawl, they miss the mark. We're not a big, urban city and this area is not "walkable" in the sense that residents can walk to stores, restaurants, and coffee shops. Many of us choose to live in east Fayetteville because we enjoy having a bit of space and a more suburban or rural feel. The population density for Chandler Crossing is too great. Rather than "unique" or "vital", it appears to just be crowded. The mix of what is likely to be rental properties and single family homes is another concern for the issues that can develop. We wouldn't consider buying a house in this type of subdivision. Thank you for your time, George and Denise Jones Rockledge Drive Fayetteville Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 22 of 278 Masters, Jessica From: K Robertson <kellierobe@gmail.com> Sent: Thursday, December 10, 2020 6:59 AM To: Masters, Jessica Subject: Fwd: Chandler Crossing PZD - Resubmitted Plans Attachments: Chandler Crossing_v1.pdf CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jessie, Good morning. I realize my comments may be too late to be submitted with the packet. I did review the attached information. While better than previous submissions, it appears the developer is trying to smash in as many properties as possible in the space. Again, nothing like the neighborhoods it's borders would touch. I hope you will not recommend the proposal as is. I look forward to learning more about the plans on Dec. 14. Regards, Kellie Robertson 3397 E Zion Rd. Subject: Chandler Crossing PZD - Resubmitted Plans Thank you for your phone call. The developer submitted revised plans earlier today. Staff has not yet completed our review, but I have attached what the developer submitted for your reference. If you will have additional written comments that you would like to have included in the published report, please submit to me by Wednesday at 5:00 PM so that staff can include in our report on the issue. You are of course, as always, welcome to submit comments after that time, and of course you may plan to attend the meeting, which will be held virtually. Information about how to attend can be found at this link. Please let me know if you have any questions. Many thanks, Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.favetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY aF FAYETTEYILLE ARKANSRILANSlk6 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 23 of 278 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 24 of 278 Masters, Jessica From: Sent: To: Subject: Nick Anthony < nanthony@uark.edu > Wednesday, December 9, 2020 4:17 PM Masters, Jessica Burge farm annex and rezone 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 Fayetteville City Planning Commission Member (please read all articles included below), This is the 4t" letter that I have prepared concerning the Annex and Rezoning of the Burge farm and adjoining property. I live in the corner of the L-shaped acreage and will be one of the current residences in our neighborhood impacted by your decision. I have sat through your meetings and struggled with the reality of not being in control of my destiny when it comes to this decision. I struggle with the definition of urban sprawl vs infilling. I struggle with understanding why the city of Fayetteville would even want to be a part of this. Why would the city of Fayetteville want to destroy a natural feature that has been proven to act as a natural filtration system for water entering Lake Fayetteville? The proposed "high density' housing is right on top of this feature. How can our city leaders brag about how Fayetteville is a city that "can go green in a red state" https://archive.curbed.com/2020/2/28/21155997/fayetteville-environment-ozarks-solar-power-sustainability and then consider a proposal that completely goes against the spirit of conservation, green growth and stream management. How can assets like Lake Fayetteville and the Fayetteville Botanical Gardens be gambled away in the name of "progress". My family saw the impact of poor water management on a large lake in Ohio. https://www.daytondailynews.com/news/local/grand-lake-mares-dying-from-toxic- algae/sJOD6d5BfSbuGYWGMmi9NK/ The following is taken from a section out of Wikipedia about Lake St. Marys restoration. Environmental concerns and restoration efforts[editl Due to the increasingly high levels of lake pollution, E. coli bacteria,m and related algae levels, Grand Lake could be dying off as a destination lake and is considered by the Ohio Environmental Protection Agency to be "impaired" due to "stream channelization, drainage tiles, loss of floodplains and streamside vegetation, manure runoff and untreated sewage flowing from failing home septic systems and small communities without any wastewater collection or treatment."' Runoff from farmland is one of the greatest problems. Nutrients of livestock waste and natural and chemical fertilizers are laden with phosphorus and nitrogen. These elements upset the natural balance of the lake and increase the growth of blue -preen algae.0 The algae is a cyanobacterium, with Planktothrix being a particularly prevalent and problematic species. The bacteria produce toxic peptides that can be harmful to plants and animals.1121 Humans are also affected by the toxins. Microcystin can harm the liver and cause other health problems including mild rashes and sneezing and even severe gastrointestinal ailments.1121 Agriculture runoff is not the only source of pollution in the lake. Industrial and commercial drainage contribute to the problem as does drainage from out of date septic tanks and municipal sewage systems. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 25 of 278 Heavy deposits of silt into the lake also contribute to the degradation of the lake.1131 Development of homes along the shore has reduced the number of native plants that helped to strengthen the shore and reduce erosion. Development has also increased the level of phosphates entering the lake by over fertilization of lawns. These excess phosphates directly contribute to plant growth, including the algae in the lake.1141 The native flora that has been reduced served as a filter to keep the excess nutrients out of the water. Here are the facts. Grand lake St. Marys is 13,500 acres of water while Lake Fayetteville is 194 acres of water. The St. Marys watershed is 59,160 acres while the Lake Fayetteville clear creek watershed is 14,400. If you do the math, St. Marys is 70 times the size of Lake Fayetteville but was destroyed by a watershed that was only 4 times the size of the Lake Fayetteville Clear Creek watershed. So here is the economic impact of the algal bloom on Lake St. Marys from 2011 to 2017 https://news.osu.edu/algal-blooms-cost-ohio-homeowners-152-million-over-six-years/ My recommendation to you is to Annex the land into Fayetteville but make a significant effort to find a conservation group to preserve the land. Include it as part of the "Enduring Green Network" which is part of your 2040 plan. A plan that would "protect existing natural areas from development, guaranteeing green space as the city grows". Let's practice the "combination of pro -density policies with preservation". Let's "save nearby green space without contributing to sprawl". There is one thing for sure, I am not interested in paying more in taxes in the future to save Lake Fayetteville when we could have been proactive today in protecting the lake. I hope that you took the time to read all the attached material. This is a big deal. Sincerely, Nick Anthony 3301 E. Zion Rd Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 26 of 278 Masters, Jessica From: James Bost <jimilyb@earthlink.net> Sent: Monday, November 16, 2020 12:09 PM To: Masters, Jessica Subject: Lake Fayetteville Algae 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. Ms Masters Thank you for your response to my earlier note. With reference to our previous communications regarding concerns about pollution & blue-green algae growth at Lake Fayetteville - - The front page picture in this morning's NW Ark Democrat Gazette is a vivid example of a major cyanobacteria (also called blue-green algae) bloom as seen from the air. Although we have not locally experienced such a major event, i would hope we will continue to protect the lake to reduce the chances of further deterioration in water quality. J. W. Bost 2718 N. Shadybrook Cv Fayetteville, Ar Sent from my Verizon, Samsung Galaxy smartphone Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 27 of 278 Masters, Jessica From: Sent: To: Subject: James Bost <jimilyb@earthlink.net> Friday, November 6, 2020 11:28 AM Masters, Jessica Lake Fayetteville Watershed Preservation 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 have recently become aware a new housing development is being considered in the lake Fayetteville watershed. I am frequently at the lake during the warm seasons of the year. Over the past few years I have noticed major algae blooms on the lake. Studies conducted (I believe) by researchers at the U of A have confirmed this to be a blue green algae that can produce what is known as microcystin toxin that can cause illness in humans & animals such as dogs. These algae blooms no doubt are related to nutrient runoff into the creek & lake. I am concerned that residential development in the watershed will indeed further aggrevate the problem of lake pollution. Properly protected & maintained, the lake could be a real asset to the City of Fayetteville providing excellent recreational opportunities for its citizens. J.W. Bost MD, MPH & TM 2718 N. Shadybrook Cv Fayetteville, Ar 72703 Ph: 479-601-6187 Sent from my Verizon, Samsung Galaxy smartphone Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 28 of 278 Masters, Jessica From: Jan VanSchuyver <jvanschuyver@yahoo.com> Sent: Friday, November 6, 2020 10:13 AM To: Masters, Jessica Subject: development near Lake Fayetteville 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'm concerned about the proposed Chandler Crossing development just north of the intersection of Zion Road and Hwy 265 that I think will have a huge impact on the water quality in Lake Fayetteville. The lake is a unique and beautiful asset to our city, on the square -to -square bike route, and an important outdoor destination for tourists as well as local hikers, kayakers, fisherman, and bikers. In addition, the lake is a back-up water supply for Fayetteville. As I'm sure you are aware, the water quality of Lake Fayetteville is already compromised, with sediment and P coming in from Clear Creek clearly the culprit. The lake has already experienced repeated dangerous and unsightly blue-green algal blooms. The addition of some 400 houses in the Chandler Crossing development, along with their roofs, roads, and sidewalks moving run-off into adjoining creeks without the natural filters of a riparian zone, cannot help but further impact the lake's water quality. I realize Fayetteville's population is continuing to increase, and these new folks have to live somewhere. But please consider the lake's health and many benefits to our community before jeopardizing it further with this new development. Cannot this land, recently a working farm, be preserved or developed in a more responsible manner so as not to further impact Lake Fayetteville? Thank you for your careful consideration of this important matter, Sincerely, Jan M.VanSchuyver 14601 Candleglow Rd. Fayetteville, AR 72701 479-445-4316 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 29 of 278 Masters, Jessica From: Sent: To: Subject: Follow Up Flag: Flag Status: Jane Purtle <purtlej@gmail.com> Friday, November 6, 2020 11:09 AM Masters, Jessica Chandler Crossing Development Follow up Flagged 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 Mr. Masters: During the summer I was interested in the presentations by the Fayetteville Watershed Partnership done on Zoom. These sessions informed me of the importance of Lake Fayetteville as a recreational area and as part of the source of our water. I was particularly interested in the family farms that border Clear Creek and efforts that are being made to reclaim them. I understand the importance of permeable surfaces and how riparian areas aid in water conservation and runoff. I live in south Fayetteville and have watched the loss of wetland prairie and habitat for birds and other creatures to housing development. I am also an advocate of affordable housing, so I think we must find a balance between needs of people for housing and needs of the land to keep itself and its systems functioning. I have big questions about approving a 400-house development in the area around Lake Fayetteville and Clear Creek and also the increase in storm water runoff. Despite all the efforts that have been made on Morningside Drive property (as an example), I expect to see some of the houses built on that property flooded when we have any kind of extreme weather. Will the area of the Chandler Crossing Development be looking at similar problems? That is a question that should be addressed to the developers, as well as the health and long-term water quality of Lake Fayetteville. Thank you for your efforts to insure Fayetteville's continued efforts to balance the needs of its land and people. Sincerely, Jane Purtle Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 30 of 278 Masters, Jessica From: Jay Johnson <jaydouglasjohnson@gmail.com> Sent: Tuesday, November 10, 2020 1:51 PM To: Masters, Jessica Subject: Lake Fayetteville and the Proposed Chandler Crossing 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. Hello Jessie, I'm a Fayetteville resident who frequently rows on, runs around, bikes around or hangs around Lake Fayetteville. I am very concerned about the proposed Chandler Crossing development.You know the water quality of Lake Fayetteville is problematic with sediment and P coming in from Clear Creek clearly the culprit. The lake has experienced repeated dangerous blue-green algal blooms (microcystin toxin), which correlate to the eutrophic conditions in the lake. The lake is an important outdoor destination for hikers, bikers, rowers, kayakers, and fisherman. It's on the square to square bike route, and has visitors from throughout the region. It could very well be the crown jewel in the center of Fayetteville's growing trail and activites system. The lake deserves to be protected for generations to come. The Chandler Crossing development, with —400 houses within the lake's nearby watershed, will negatively impact the lake's water quality. The plan includes miles of impervious surfaces: roofs, roads, sidewalks --all surfaces that will move sediment and P laden run-off directly into the adjoining creeks without the natural filters that a plant rich riparian zone can provide. Neighbors have provided photos to you demonstrating recent flooding. I'm sure the planning commission is also aware that Lake Fayetteville is the City's back-up water supply. For that reason alone, we should be careful of developments in the watershed. One of the recommendations in the Watershed Conservation Resource Center's report (funded in part by the City of Fayetteville) was to "Conserve family farms as working farms ..." This —80 acre plot was until recently a working farm. I realize that we cannot stop growth completely in an area where the population is increasing, but I would ask that you pause and reconsider this development with the health of the lake in mind. Can the land be preserved or developed in a way that will have less of an impact on our water supply? Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 31 of 278 Cheers, Jay One can only "Surf the Edge" in this present moment. 0 Virus -free. www.avq.com Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 32 of 278 Masters, Jessica From: Sent: To: Subject: John Fritz <johnfritz2052@gmail.com> Friday, November 13, 2020 10:41 PM Masters, Jessica Chandler Crossing 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 J Masters, Please consider that the attraction of Lake Fayetteville is a primary motivation for people wanting to move to a potential development at Chandler Crossing. And that this development at Chandler Crossing would negatively impact this very attraction, Lake Fayetteville. Non -point pollution from a development at Chandler Crossing, in particular phosphorus runoff, would spur to even greater detriment the algae blooms that Lake Fayetteville already suffers. And so, negatively impact the motivation for people wanting to move to a Chandler Crossing development. At the very least please incorporate Rain Garden design throughout any potential Chandler Crossing development, so as to mitigate any potential run off to Lake Fayetteville. Thank you. Sincerely, John J. Fritz. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 33 of 278 Masters, Jessica From: Joseph Robertson <joseph.robertson@outlook.com> Sent: Friday, November 13, 2020 3:02 PM To: Masters, Jessica Subject: 3435 E Zion Rd related items - planning commission meeting 11/9 and upcoming 11/23 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. Ms. Masters, please include the following letter in the commissioner's packet for the next meeting. Mr. Boccaccio had a question in the last meeting about where the catchment pond was as referenced by Mrs. Griggs. The only flood catchment pond I know of on this side of Copper Creek is located adjacent to David Lashley park on the East side, and it does not appear to be catching runoff from that neighborhood. It is a separate entity from what the developers are proposing for this property. Commissioner Paxton asked near the end of the meeting about the exact location of the low-water bridge (and fencing that currently contributes to flooding) also mentioned by Mrs. Griggs. That bridge is on the property being discussed in these annexation and rezoning proposals. It sits adjacent to my and Mr. Anthony's property line. 2020-0959 ANX 2020-000001 (3435 E. Zion Rd The Northern portion of the 'L' shape of this annexation request - if approved - would cause my land to be encircled by the city. I am afraid that approval of the annex as -is would be taking away my choice of whether or not to remain in the county. At the very least, it would cause confusion for emergency services. By annexing this land, are we enabling development that would otherwise be avoided at the density proposed? It could very well lead to increased flooding and have the opposite effect of conservation that you would like. Annexation and subsequent development of this property - in my opinion - would lower my property value because of increased flood risk, and the traffic & safety concerns we have already raised. Annexing makes more sense near the proposed future Zion to Oakland Zion connection. It does not make sense on the section mostly North of Hilton Creek where it would cause 12 homes (13 properties) to remain in the county yet be encircled by the city as seen by careful examination of the next to last map that includes satellite imagery. These homes lie West and North of the Burge's property being discussed. I have included a screenshot from Google maps to illustrate which houses would remain County while being surrounded by Fayetteville boundaries. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 34 of 278 ii google.com/maps/@36.1313691,-94.1131232,934m/data=!3rnl!le3 i ill} XM�__ -` 2 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 35 of 278 2020-0960 RPZD 2020-000002 Planned Zoning District (3435 E. Zion Rd./Chandler Crossing Rd) If this land must be developed, I would prefer to see 2-3 acre lots with single family homes if at all possible which would be in keeping with the current housing on Zion in this section. We purchased our homes because this is the size and style of neighborhood where we want to live. We want owner occupied housing to produce the highest quality long- term housing market. Ideally, we would have a greenway path connecting to or near the David Lashley park integrated with sufficient flood control measures. The proposed catch ponds cover areas that already flood prior to any development so I find it very hard to believe they would be sufficient. Flood risk is a primary concern. One solution to other concerns regarding vehicular traffic and the existing road/bridge is to not allow a neighborhood connection between development on the two sides of Hilton Creek. This step would mitigate construction traffic concerns, future vehicular use traffic, and avoid future issues with bridge/culvert stoppages. It would also address the concern raised about the safety of placing an extra neighborhood exit near a hilltop, a 90-degree curve, and an opposing neighborhood exit - as this additional exit would no longer be needed. Thank you for your consideration, Joseph Robertson 3397 E. Zion Rd. 3 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 36 of 278 Masters, Jessica From: Kari Griggs <kgriggs@nilfisk.com> Sent: Monday, November 9, 2020 11:50 AM To: Masters, Jessica; Michele Lang (mlang9669@gmail.com); kellierobe@gmail.com Subject: E. Zion Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Ms. Masters and Fayetteville City Planning Commissioners, I won't rehash our previous concerns, such as our property flooding every year since 1998, the fact that we did not even recover and finish rebuilding our flooded out home before we were hit by another flood, the fact that we have asked for help from the City and County for years — but only succeeded in starting a finger pointing war, that we continue to deal with a very dangerous bridge and road just to get to our property, but please don't mistake this stance as a lack of commitment and concern for our neighborhood on E. Zion Rd. We are very disturbed that the annexation of the former Burge farm on E. Zion Rd. continues to be discussed without the resolution of flooding and traffic problems that have affected our properties for far too long. I do, however, understand that the owner of the Burge property considers herself to be in desperate need to sell the property for financial reasons. This comes from also being forced into financial straits, due to the yearly flooding of our property, home and shop. This flooding does not come every few years. We, instead, have had to manage it every year since purchasing our property in September of 1998. We have tried every avenue possible to force the problems to be corrected, but due to the City of Fayetteville and Washington County refusal to take responsibility to help the situation, we continue to try to stay on top of the new damage. It would be nice to invest in upgrades to our property, but that is well beyond us now. The troubling aspect of this flooding issue on E. Zion is that the flood waters do not often leave the Hylton Branch/Creek banks, but instead come out of the creek on the Burge property. Unfortunately, the situation only worsened after someone approved Copper Creek's dumping all of their run-off water into the branch on Burge property. To compound the situation, Robert Burge had built a bridge over the creek so that his animals could cross to the back pasture. The bridge has a grate in front of it, which allows the structure to effectively dam the creek and push water out of the banks and on to the surrounding property. After many discussions with Mr. Burge, it was apparent that he had no intension of working with the neighbors at all. Now that Mr. Burge has passed, we had hoped that his family would attend to his property in a way that did not cause damage to the neighbor's properties. The new owner may be suffering financially, but she has access to her air- conditioned cab -over John Deere tractor, which could remove the dam. In the past, several neighbors have offered to help rebuild the bridge for the Burge farm animals in a way that does not cause damage to downstream properties. I dare say that helping to prevent further damage to our own property would interest the neighbors in pitching in to clean the creek bed while the Burge property owner ensures that her bridge is no longer a dam. While that was taking place, I see no reason why some regrading and creek bed development on the Burge property could be done as a good neighbor helping others, which would be a great help in protecting the neighbor's properties. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 37 of 278 We believe that the neighbors on E. Zion should be provided with information on the potential annex area development plans before they are put in place. Case in point, when HWY 265 was upgraded, the covert pipe that was scheduled to be installed under HWY 265 was undersized and would have led to an even worse flooding problem. The E. Zion neighbors, at the time, attended a planning meeting in Fayetteville and brought up this issue. It was decided that the culvert pipe should be larger. My question is why on earth the neighbors have to call foul on shortcomings of city design plans. We should not be the experts or the watchdogs, but we are forced to do this. To you Ms. Masters and to the Fayetteville Planning Commission members, how do you intend to look at this situation and resolve the existing problems before moving forward? You can't have a water drainage system designed for Copper Creek, one for the Burge property, and let the E. Zion neighbors deal with the flooding fallout. The system has to be all inclusive and designed with all of the input and outputs accounted for understood over time. Consider the area as one and plan for the entire area. It is not enough for an engineer to walk out to our properties, look around and proclaim that "I don't see no problem", as we have experienced before. This is a very threatening situation for my family and for the families around us. We do not want to be ignored or told that land owners can do what they will with their property, without regard to devastating effects caused to others. We do not want to be caught between the City of Fayetteville and Washington County in a way that assures we are not represented or helped. You need to resolve the flooding issues in the E. Zion area and insure the people of this area are not fighting an uphill battle. You should also review the traffic situation on E. Zion. The bridge is falling apart, people think of this road as the E. Zion speedway, the shoulders are nearly nonexistent and the ones that do exist have gaping holes that can easily shoot a vehicle out of control. We urge you to stop letting the tax dollar signs cloud your judgement for long enough to address our problems first. There is no way in good conscience that you can move forward with this annexation before ensuring that current, long term residents are being protected. We are sincerely asking for your help in getting the City and County Planners to work together and resolve these long- standing issues once and for all. Best regards, Kari Griggs 3349 E. Zion Rd. Fayetteville, AR 72764 (479)466-7756 Planning Commission 2 December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 38 of 278 Masters, Jessica From: K Robertson <kellierobe@gmail.com> Sent: Wednesday, November 18, 2020 10:19 AM To: Masters, Jessica Subject: Re: Annexation and development of 3435 E Zion Rd CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Commissioners and Ms. Masters, Thank you again for taking the time to review this proposal carefully. As I have stated previously, we are not anti - development, we are against poorly thought out developments that increase the risk for property damage from increased flooding, increase the risk for damage to our natural resources, and change the dynamics of our neighborhood. One issue not heavily discussed is how the annexation will leave out about 12 homes, creating almost a doughnut of county, surrounded by city. I believe your own planning guidelines state this situation should be avoided. I am concerned about how this doughnut would affect the residents access to police and fire services. We would also be affected by city rules, but have no say and no representation within the city government. Others have presented recommendations to address our concerns. I hope you will consider them carefully. My family is against this proposal as it is currently written. Many of us, and you, are overwhelmed with the complexities of life with COVID. Continuing to push forward and carefully considering long term effects can be a challenge. The planning team has shown, while not always in agreement, that their intent is for the success of Fayetteville. Please don't let fatigue stop you from following your city goals. Discourage urban sprawl. Infill where it makes sense (not prime farm land). Thank you again for the work you do. Regards, Kellie Robertson 3397 E Zion Rd. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 39 of 278 Masters, Jessica From: Kelly Stewart <kestewart@mayborngroup.com> Sent: Wednesday, November 18, 2020 9:21 AM To: Masters, Jessica Subject: Zion rd Annex/Rezone Request Questions 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 - A couple of questions... • How is the development designed to mitigate the increase in rainfall runoff? • Initial construction can result in large sediment loads to downstream creeks and lakes, so what are the construction BMPs that will be used? • Who is the regulatory authority responsible for enforcement, compliance, and complaints?? Thanks!!! Also, is it helpful for me to send additional flooding videos?? Which is a result of the already insufficient Stonewood /Copper Creek water retention and runoff plan.... Kelly Stewart Kelly Stewart Category Management Manager - Walmart 479-841-9095 kestewart@mayborngroup.com MAYBORNCROUP 44 tommee' tippee If you've received this email by mistake, we're sorry for bothering you. It may contain information that is confidential, so please delete it and any attachments without sharing. And if you let us know, we can try to stop it from happening again. Thank you. We may monitor any emails sent or received by us, or on our behalf. If we do, this will be in line with our own policies and relevant law. Mayborn USA Inc. is a company incorporated in New York and is part of the Mayborn Group of companies, registered in the UK as Mayborn Group Limited, number 00419737 & registered office address: Mayborn House, Balliol Business Park, Newcastle upon Tyne NE12 8EW, England Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 40 of 278 Masters, Jessica From: Planning Shared Sent: Thursday, November 5, 2020 4:06 PM To: Masters, Jessica Subject: FW: Annexation proposal south of Zion Road Sorry, just saw this. Andy Harrison Development Coordinator Planning Division 125 W. Mountain City of Fayetteville, Arkansas 72701 aharrison@fayetteville-ar.gov) T 479.575.8267 1 F 479.575.8202 Website I Facebook I Twitter I Instagram I YouTube -----Original Message ----- From: Kevin Boote [mailto:bootekevin@gmail.com] Sent: Thursday, November 05, 2020 11:54 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Annexation proposal south of Zion Road 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. Planning Commission Members: As a Fayetteville resident who lives on Copper Creek Drive just off of Zion road I have a few thoughts on the neighborhood being proposed south of Zion and the traffic situation that would follow. The proposed entrance to the new neighborhood includes two spots on Zion where intersections would be added. Presently not only is the one lane bridge a problem before and after work, but taking a left turn from Zion to going south on Crossover is just plain dangerous. Traffic would probably end up going down to Hearthstone to use the stop light access instead of Zion. I really feel any additional housing south of Zion would need a new road that will go west across Crossover to Zion. Entrance from the new neighborhood to Zion should be very limited, to encourage people to use the stoplight corner on Crossover. That will be safe for everyone, and keep Copper Creek Drive and Hearthstone from being jammed with commuters every day. Zion road will need major work, widening and bridge expansion. A new entrance/exit road would be better for all involved. Please don't start a large expansion south of Zion until a new road is built. Thank you for your time and consideration of my comments. Sincerely, Kevin Boote 711-441-0308 Sent from my iPhone Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 41 of 278 . 4�A ,.'. z x 3CO C7 0 CD 0 0 CD C) CD =3 7 3 C:) CL C, 3 3 CQ ro 0 00 (D -4 0 7 if 2006 impervious Land Use 2016 Additional Impervious Land Use Lake Fayetteville Basin qQ • • • D X0 CD N n 7 v o D 3 cQ CDo(D CDo wow 3 _P-3 N OW O O N. V (Q N O CO (D V O 7 lw Riparian and Streambank Erosion Assessment of Clear Greek pgE �t D X N n 7 p� O > 3 CO N OO (D O -PIO CP N 33 O - f/1 CQ 3 N O 00 (D -f 0 7 [� FivfT]EvuElLer� �J 1�f15blvm'e 9Lau A•g0 RRH[-0K�Prwk D X CD N 7 v 6 > cr m oCD CD 0)00. _P-3 N OW O O N. V (Q N O OD (D -I O 7 NBSS D X01, N n 7 v o D 3 - a o a CD 0 CD 3 V v 7 3 N W O F V (Q N O CO (D V O 7 Bank ID BEHI NBSS BanklD BEHI NBSS BEHI NBSS IN ECC 8 NECC 12 NFCC 20 NECC 33 N ECC 56 NECC 73 NECC 81 N ECC 106 N ECC 110 N ECC 115 N ECC 119 N ECC 122 SECC 150 MODERATE Low CC 186 CC 196 CC204 SC2DS SC 213 SC 214 SC 227 MC 249 CC 254 CC 260 CC 280 CC 281 CC 283 VERY HIGH Very High CC 321 CC 327 CC328 CC343 CC 352 CC 355 CC 356a CC 356b CC 387 CC 388 CC 389 CC 411 CC 412 VERY HIGH Extreme HIGH Moderate MODERATE Low EXTREME Extreme HIGH Moderate MODERATE High MODERATE High HIGH Moderate MODERATE High HIGH Moderate MODERATE Low HIGH High VERY HIGH Moderate MODERATE Low HIGH Moderate MODERATE Extreme HIGH Moderate MODERATE Moderate EXTREME Very High HIGH Very High HIGH High EXTREME Extreme HIGH High EXTREME Very High VERY HIGH High HIGH Moderate MODERATE High HIGH Very High VERY HIGH Very High MODERATE High HIGH Moderate HIGH Moderate MODERATE High HIGH High LOW Low HIGH Moderate MODERATE Moderate SECC 152 SECC 157 SECCt64 HIGH Low HIGH Moderate HIGH Low N CD 7 v o D 3 cQ CDo(D CDo 00o0 _P-3 N OW O O N. V (Q N O CO CD -I O 7 '-1--sion Measured Streambank Profile -Osage 14 8 t 2006 Pr- I � 2 Profile 1 ��•.��►���li►i �� NIEMEN. r Soil Type TN TP Bulk Density lb/ton Ib/ton ton/yd3 Fine 1.38 0.54 1.18 G rave 1 0.43 0.24 1.91 Cobble 0.27 0.2 1.87 D X N n 7 N O 3 CO N CD (D O o 3 O _ 3 - ' N CQ 3 N O 00 (D —I 0 7 D X 00 CD N n 7 v 6>3-10 Cr cfl cn c) 3 CD D) N W O O N. V (Q N O OD (D V O 7 �°k:•..�: �.::-' v#� '� : y `fir. .::: - .. .,.: sip.:..• e �ptx.,+ Clear Creek Assessment �;-�- °:� n3• :1.=':; r; ..� 5iream6ank, Toe Pin & Svii Sample F �' ' —_ •-.-: -:: , ° - r ' '�^ Location Map 4 � .4.... _�'+=t.r'i _- Al gA� '.. ...,. ..,. - .'... 4.,s• Y.c .��=o 4 ... •-=--F ,c:�-;�' :.�_^� '.. .:Y:�i �� .1 .•fir rY� '�.. .., .� t:9'�. -::sl,� - ;.tea-.7!>IrF `!¢$ =ice, -c•s� �...� "`p . 4.1 -��I- r.J' _ ' _i¢.1•..:j ri Y=C['51.. `. SI. _ - 4�+'� __�ri _ i ¢¢ � .. •.�,.�::�� i A• ',a21. n'-,°.. .., r 5 �. �-.-. �^ .'. 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V (Q N O CO CD -I O 7 East Clear Creep { - Natural Areas = -- f��� V •' N. - e{. 1 1E i Q , r C ' .•�r,�" y ;;� F� ,�".` , �ii-:;jam � ;„�:: i ":� -_ •�. _ GIS Inventoried Natural Areas Mounds and Swale& Name NgFth Slope 94 Abandoned Channel Open wetland _ 06 Abanndoned Channel pond 94 Backwater Channel Pond • Spring Fad Channel Scar Spring Run 'F • . 06 East Slope Spr ng Run - in Abandoned Channel '+ a Flatwoods? - _.�; � �`'ll• - � � V4btland Spring Fed 06 Glade Field Assessed Natural Feature Site # 0 ff.5 3 2 Miles C3 Lake Fayetteville Watershed L D X N nCD 7 bi 03 o>(0 cn c) 3 P-3 N W O O N. V (Q N O CO (D V O 7 Central Clear Creep Natural Areas 5 ` 4t . - ! � � I`( r�« _ `f': . y .�i• �J {� yam' . ■ 1. GIB IMentoriedNatural Areas Mcvndsand $wales Name r'�4nh S 0R¢ AbondanedChanncl Open Wedand 4dandklned Channel Pond Baekwar6r Channel Pond - Spnng fed 16 Channel 5gar Ong Run - .' - � . /;Ir�Y $` r., • .� - Eaat Skpp SpalCrq Run - M A15anB C'IyrYrMl "' .�;,•�.:. "'rti Flalwaads� Welland- Spring Fed ^ Grade 43 A r . FreldAsseWd Natural Fa&aura Spa r< c* Lake F"etterflle VW114TOod �. F Miles a D X0 CID N n 7 v o D 3CD 0 CID CD 0 cQ cn c) 3 rn v N W O O N. V (Q N O rb (D V O 7 West Clear Creep Natural Areas` 1 Lam' * �x 6..4��,� r f �•l 0 0.5 1 2 Miles A F GIS Inventoried Natural Areas Mounds and Swale& Name Ngral Slope 96 Abandoned Channel Open Wetland Abdandoned Channel pond Backwater Channel Pond • Spring Fad 04 Channel Scar Spring Run 96 Fast Slope Spring Run -in Abandoned Channel 96 Flatwaodsl N�btland Spring Fed 06 Glade Field Assessed Natural Feature Site # C3 Lake FayeU 19 Watershed D X N n0 CD 7 v o D 3 cQ cno= 7 3 V D) A3 N W O O N. V (Q N O OD (D V O 7 �t,�,�.": �f�eaf�YtCA.�'.w's9L���'_'.. F.�.�'3.:• .`. �'_- ..� � ..J: � � eSP.G yNw �ya4 .. .y y 4gp'_A r—.IW. 41 +4 AKI++t - .-FiYioaa g1rhAPF' �re�ys �wwnraalsi� . Riparian Condition North East Clear Creek South East Clear Creek Scull Creek Clear Creek % of basin % of basin % of basin % of basin Riparian Both Sides >_ 50 ft 26.9% 7.0% 40.4% 62.7% Left Riparian < 50 ft, Right Riparian >_ 50 ft 12.1% 11.7% 32.2% 6.1% Left Riparian >_ 50 ft, Right Riparian < 50 ft 12.1% 0.0% 11.2% 6.7% Left Riparian >_ 50 ft, No Right Riparian 13.3% 40.9% 6.3% 12.5% Right Riparian >_ 50 ft, No Left Riparian 0.0% 6.0% 0.0% 0.0% Riparian Both Sides < 50 ft 0.0% 0.0% 0.0% 0.9% Left Riparian < 50 ft, No Right Riparian 2.8% 2.2% 1.2% 3.7% Right Riparian < 50 ft, No Left Riparian 2.4% 0.09/C 0.0% 0.9% 6.5% D � X N n 7 N O 3 CO N CD CD M O o 3 _ O 3 - ' N CQ 3 N O 00 (D -I 0 7 D X N n 7 N O> 3C0 (D oo� ( o 0 0 3 _ o 3 -- m' CQ 3 N O 00 (D -I 0 7 Clear Creek Fast Riparian Assessment CAW :S...��,!.. �..y,-- ,: � - - .::t'�,�•� I� F .' •t: - �'s.�. :. ' r S{�rn Clea{ creek yeadwaters'• . rt €. EdJr ._-,... - 2� #9 Air Photo ..M+. Bath Zi 50 ft -;:.:• � t; � -F :� � �. ;;�; -�.._. -F Left a 50 ft, Right a 50 ft :`: a •M t+ Right a 50 ft. Left < 50 ft r Left 1 50 ft, Right None Right � 50 ft, Left None Bath < 50 ft _ r .�` .,�• Left < 5fl ft, Right None Right < 50 ft, Left None Q 0.5 1 2 dO%d— No Riparian Miles�' �-�s= - �'• z - D XCD N n 7 N On 3C0 N OO CD ( O a)o m 7 3 _ PI- 3 O — N N 0 O O N. CQ 3 N O 00 (D —I 0 7 Ili 71% Clear Creek Central^•�q; Riparian Assessment,; v josh �� .dam mod`, :� J,b g� I I � r•���� _ y� ----a3r,:.�.i,-. °,� -M— Both ? 50 ft Left ? 50 ft, Right a 50 ft 7 Right � 50 ft,Left < 50 ft Left ? 50 ft: Right None Right a 50 ft, Left None Both a 50 ft Left C 50 ft, Right None Right t 50 ft, Left None �+� No Riparian R 0 0.5 1 P• 411 h :: �?a' : -:3;�• yr-. EST::... - Miles wwr,. D X0 CD N n 7 v o D 3 cQ rn o a 3 N D) A 3 N W O O N. V (Q N O OD (D V O 7 . IL weir _ '�` r Clear Creek West Riparian Assessment; s�1 - LL e.4 • 1 w — Both ? 50 ft ,. Left a 50 ft, Right { 50 ft Right a 50 ft,Left a 50 ft Left 150 ft, Right None 3'. Right a 50 ft, Left None _ ' Both a 50 ft +M� Left < 50 ft, Right None +Ar- Right a 50 ft, Left None fUilles < ' 3 dPWW- No Riparian 4 FFAWMEWILEP— 'Riparian and 5treambank Erosion i Assessment of Clear Creek TO WPTOV N P—Io S ❑f r r l 2 Char C•caclKi:�.-�i - - � . 4l2 r- 7-k _ i_ l 1• I _ TFI. nr C'-ke I.—fnyrt[ev 11, S: Al r...•;. _ OYarna6e 74ea (rni I 77.6 e.3 + kftm Channel Stream Len th Ill 13.4 S.2 D X N n 7 O O �. v O D (O N OO N O W O A O N O N V O N O COCD V O 7 D Z X N n 7 p� O > 3 CO m oCD m o a o m 3 _ 3 o -- m' CQ 3 N O 00 (D —i 0 7 • . Airphda 2078•. - � —•.6 � iS�-= llreM Ludu.e ]046 bi. ' o � Pgnc�rai L•.du..7otd jr L'urea!Ler.64�ee 2L'tE Ar _ 6✓.+n LandF 7076 Miles C3 Lswcgsna.,•e�.n �� Percent of 2016 Percent of Change Change of Land Use Level l 2006 Total Total Basin Urban Agricultural Forest -land Water Wetlands Barren Lands Total Acres % Acres % Acres % 2895 48.2% 3243 54.0% 348.4 5.8% 2184 36.4% 1720 28.7% -464.1 -7.7% 425 7.1% 523 8.7% 97.9 1.6% 293 4.9% 328 5.5% 35 0.6% 1 0.0% 1 0.0% 0 0.0% 203 3.4% 186 3.1% -17.2 -0.3% 6001 6001 0.25 0.5 J M IeS 1.5 ,q% WATFWSKF)MN%Fn� —i—t. y ..... Landuses with Impervious Areas 200; dr / 1Additional Landuses with Impervious Areas 2016 [ � Laka Fayetteville Basrn 2006 Percent of Basin 2016 Percent of Basin Change Change of Basir Acres % Acres % Acres % Impervious Land Use 767 12.8% 936 15.6% 169 2.82% Sensitive Good Impacted 2- 0 Fair Qj Non-5upporfing ( Urban Drainage co Poor 10 25'o 40% 60 1(10e.6 Watershed Impervious Cover D X N n 7 N O 3 CO N CD (D O w o 3 O _ 3 - ' N N O O O N. CQ 3 N O 00 (D —I 0 7 Source Streambank Erosion Pasture • Hay Production • Livestock • Cattle • Poultry • Horses, goats, etc. Septic Tanks Urban - Stormwater runoff • Industrial • Commercial • Residential • Park lands Construction Other Sources • Forest • Roads • Undeveloped land • Barren land • Farmsteads Sediment I Phosphorus D X 0� N n 7 o D 3Cr cQ CD OO 7 CD O 00 3 A3 N OW O O N. V (Q N O CO (D -I O 7 Potential Water Quality Impact Sources '�� � may' �• '�5��_e�'��^�' 3i `'t'.t' Lake Fayetteville Watershed r - - - f ' _~ ri f.:.'.'+. f ~t.J �� � '.i���'b. ti1',.-iT.� x7S N_. '•�`-� �.. iL4�? "/ti .�,..: ..r - u :. l _ '4 �..w: , • ,.a J � F-�`�six� '�`�" rj• �y � = 444 - .- ice, `°:r;.•. � ..Y. ... - � y� ffM, .1 VA j I y =�. i I : • y''; '❑ _ ❑ NPDES Industrial Starmwater Permit r_ ❑ ©: +^' , o NPDES Construction Stormwater Permit v Chicken Houses C Q • Septic Tanks Springdale �; •; - f tip,. 92 Fayetteville — Inventory Streams if Q •5 �' u.�'^�urc;-..-.;',,, . :r:', - ' ;'f"�"- ;�r�-''�-.�. ems.: _ I3 Lake Fayetteville Watershed 1�liles u^ Sediment Source Area or Length Streamank Erosion 2.38 mi Pasture 1567 ac Urban (w/out construction) 2750.4 ac Construction 139 ac Other Sources (Total) 929 ac Forests 523 ac Highways 163 ac Undeveloped Lands 182 ac Farmsteads 14 ac Barren Lands 47 ac Total D � X N n 7 v (D N OO = O �CL O A O W — N O N V O N O COCD V 0 7 Estimated Average Annual Sediment Load Sediment (tons) Percent of Total Loading Rate 879 52.0% 369.23 217 12.8% 0.14 402 23.8% 0.15 98 5.8% 0.71 93 5.5% 0.10 20.0 1.2% 0.04 36.3 2.1% 0.22 27.7 1.6% 0.15 2.2 0.1% 0.16 7.2 0.4% 0.15 1690 100.0% D z X � N O ID N O Ncr O O O-0) A O ' Co N N V (Q N CO (D V O 3 cn O 7 Lake Fayetteville Watershed Phosphorous Source Area or Estimated Average Annual Phosphorous Load Length TP (Ib/yr) Percent of Total Loading Rate Streamank Erosion Pasture Septic Tanks Urban (w/out construction) Construction Other Sources (Total) Forests Highways Undeveloped Lands Farmsteads Barren Lands 2.38 mi 208 7.9% 87.56 1567 ac 718 27.3% 0.46 n/a 256 9.7% n/a 2750.4 ac 1170 44.5% 0.43 139 ac 33 1.3% 0.24 929 ac 241 9.2% 0.26 523 ac 52.3 2.0% 0.10 163 ac 159.3 6.1% 0.98 182 ac 21.8 0.8% 0.12 14 ac 1.7 0.1% 0.12 47 ac 5.6 0.2% 0.12 Total 1 2626 1 100.0% D X N n 7 N O 3 CO N 0 O o 3 _ 3 O - ' N CQ 3 N O 00 (D -I 0 7 D X N n 7 N On 3CO O OO CD ( O N O C 3 A O — 3 N N O C4 3 N O 00 (D v 0 7 71 Clear Creek Lake Fayetteville Priority Sites n r•. _ II a:. .. _ — — t4iOnndS and S.,al c} ". Mounds and Swales C" 'Tyre Fk'n'y Spring Run Glade h. `'F"'`•~ �',.,;,. L, rx •' ::�;�:: - - -_,� ..: ' _ _. - Mounds and Swales Mounds and swdle5���" ._:. - Open Watl and P �BtieVlklB f . yr, f a : �;:�,• PondfWelland' Mounds and Swales JA '[.' �'�• • ' Mounds and Swales fa 1 •'"" -.... _ fj•r•-�;� +„ ,: m°•.-, Flcldlnucn[oriad GlslrnerQoried SpringdalDCity #r - - Natural Areas ., •.:. y ... �r&`: wr; '+ s-. ;" J Natural Feature Limits Sile# Lake FayeUevilie Fayetteville City 103 2' - Watershed L r .. P�arit mliv • y Invenla r,1,.f ;;;�:. t Streambanks ry Fayetteville Other Streams Planning Area 2 a:.:' A+Ei les Straarr Da nks D X N n 7 v0 CD o D 3 cQ CD o(D CD o woo _P-3 N OW O N) N. V tQ N O CO CD -I O 7 Prairie ' -- � � 'K. .A{ A WATFRSiiED CONSfRVATION `4� �_ �0�7 RESh UkCE f.;aiER r 4.� y. ._ � •VV..1 a` t ti lil t O ff. ... E.; Na mention of laroaks ! ~� _ _ v_el � r Prairie No mention of brooks Prairie 14 n Weiland r�.�+ C � �- i� ;.a.� �' . it _ � �l�1Pi _�;. �-.it �Sti+asl• t�.— �••^'" � w Brook mentioned, 2 links wide, 1.3 ft Prairie~ — _ I Wctl kind - -._ .• 4' ti� Prairie ► !.. .. Brook mentioned, fi finks wide.4 ft Clear Creek mentioned. 30 ft wide { .J— Curia ili t}dy SlrattlS d[f!'li wf il3flLi T J 3pnng Run Mvunas and Swaes TT^d� PundA-ktland Lake Fayetteville Basin 0 0,25 0.5 1 1.5.' J. f • MGHIHigh 4. Streamdanks vvamrsnea Limits -Dori lyson Pkwy -- x p 3 .+ti..Invernory Streams Fayetteville Planning Area o n 3 .. : HIGH, p o0 CDs n 5to 1,000 2,000 VeryHigh * HIGH, Mdi � oo CD Fee d. j Very'�High L' � 3 y . o —m' O O N O N. CQ N O 00 (D -I 0 7 D X N n 7 on 3c4 CDoCD (D o o 21 m 3 _ o 3 -- m' v C4 3 N O 00 (D —I 0 7 Clear Creek Lake Fayetteville # �' Mounds andSwales 4 f t, _ Northeast = / • d lift — Mounds and Swales � "'9 •, V. 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Do not click links or open attachments unless you reco the sender and know the content is safe. Jessica, I am at 3258 E Valerie Dr, Fayetteville, AR. I oppose the Chandler Crossing Subdivision, I spoke with Bryon Moore today and he assured me that there would not be duplexes or apartments, which are clearly visible with pictures on your planning commiss link. He said it was not low income housing and actually laughed when I suggested it to I The pictures tell a different story. I am surrounded on 2 sides of my property with the who development. I called to get an honest answer and was made to visualize a beautiful subdivision. My property was very beautiful and I live on 3 acres and I am now pretty mu ruined! From: Masters, Jessica <imasters@favetteville-ar.gov> Sent: Thursday, November 05, 2020 1:15 PM To: Iferguson@mstonecc.com Subject: RE: Chandler Crossing Good afternoon, Linda, Thank you for the inquiry regarding the Chandler Crossing subdivision proposal. This item will be heard of November 9 Planning Commission meeting beginning at 5:30 PM. The meeting will be held virtually due t ongoing health crisis, and the link for participation can be found here. Information is typically posted 24 ♦- ahead of time. Please let me know if you have any questions in the meantime. Many thanks, Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 92 of 278 CITY aF FAYETTEYILLE ARILANSlk6 From: Linda Ferguson [mailto:lferguson@mstonecc.com] Sent: Wednesday, November 04, 2020 1:47 PM To: Planning Shared <planning@favetteville-ar.gov> Subject: Chandler Crossing CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I have some questions regarding the planning of the Chandler Crossing Subdivision and would like to attend the zoom meeting, can you help me and give me a call? 4793877656 Linda Ferguson Office Manager eoMILESTONE CONSTRUCTION COMPANY 2002 S. 48th Street, Ste. A / Springdale, AR 72762 W:479.751.3560 / C:479.387.7656 / F:479.751.4841 www.mstonecc.com FOLLOW US ON FACEBOOK! www.facebook.com/M ilestoneConstructionCom panX Planning Commission 2 December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 93 of 278 Masters, Jessica From: Maya Porter <mayaporter479@gmail.com> Sent: Friday, November 6, 2020 9:02 AM To: Masters, Jessica Subject: Chandler Crossing 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 Mr. Masters, I'm writing to urge you to deny the proposed development at Chandler Crossing. I understand the intention to provide needed housing, but please do not allow it to take place in areas that will affect all our quality of life for decades to come. This development will affect the water quality of Lake Fayetteville, which is an important part of the attraction of the area. Not only is it a destination for much recreation, it is also our fall -back source of drinking water. We need to increase the lake's water quality, not degrade it further. Please consider long-term consequences and not allow this development to be built in that area. Thank you, Maya Porter Maya M. Porter 2418 W. Mary Dr. Fayetteville, AR 72704 479-387-0030 Click here to aet my memoir www.mal"a,20rter.com 1 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 94 of 278 1 Date: 11 /18/2020 To: The Planning Commissioners Re: 3435 E Zion Rd Annexation and PZD request In previous meetings, there were significant comments that the above requests simply did not meet the vision of the commission. In fact, the comments that resonate most are that the only benefit to annexation is for the developer to gain access to city utilities for increased density, and the proposed annexation and subsequent rezoning request is not something to support. Commissioners have made very valid points, listened to neighbors, and provided opportunity to the applicant to discuss their reasoning. It is apparent that the flooding issues, water quality issues, access issues, safety issues, and traffic issues all lead to a prudent decision to deny the request. Sprawl and Creation of an Island: This should definitely be considered sprawl and is not within the vision of the City Planners. The subject property is surrounded by hundreds of acres of land that shall remain in the county. As a point of fact, the proposed annexation does not actually include the physical address on the notice nor where the public hearing signs have been located. It is "carved" out of the annexation request. The developer has eliminated two corners of the entire tract of land (one including the residence with the physical address) from annexation with the only foreseen purpose to "not create an island," which is prohibitive for annexation. .Jf-..-..--.-..- --- - Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 95 of 278 K Who's Responsible — County versus Citv Economics: The subject property is not only surrounded by property that shall remain in the county but it also lies within the Springdale School District. Under the millage agreement, a large percentage of the property taxes shall be paid to Springdale; however, the City of Fayetteville will be charged with continuous maintenance on the county road. The county also receives a portion of the millage, but with multiple sections of Zion Road required for access to the proposed development and under the jurisdiction of both the county and city, who will actually keep the road in a safe condition? The existing one lane bridge will bear a considerable amount of new and additional traffic. A damaged bridge will significantly increase the time for service from fire and rescue vehicles, in addition to becoming an inconvenience to the adjacent neighbors. Who will improve and maintain the bridge? To modify the bridge to accommodate appropriate traffic would not only cost millions but also require significant improvement to the street system. With the subject property creating an island, will the city or county (or nobody) improve County Road 92 / Zion Road from Highway 265 to Butterfield Coach? Traffic and Safet It is understandable that a traffic study may not be part of the requirement for annexation, but it MUST be done prior to approval of rezoning for such requested density. Also, if annexation is approved, it MUST be confirmed if the connectivity section to Highway 265 is FUTURE or a requirement prior to development. For all the reasons outlined and discussed, the adjoining connectivity simply cannot handle the additional demands There is already considerable traffic that traverses from the east (Highway 45, Oakland Zion, etc...) that cut through this section to connect to Highway 265 to navigate north. Because the Zion Road /Highway 265 intersection is too unsafe for a left turn, many vehicles daily cut through Copper Creek to "catch the light" and navigate south on 265. From the next attached image, one can see that there are numerous Springdale Schools located east and northeast of the subject property. Although the developer is proposing that primary traffic will enter/exit the project using the future Zion Rd extension to Crossover, the southern entrance will be much less utilized than proposed because the schools are located east and northeast. Along the northern border of the subject property and continuing east, County Road 92 (aka Zion Road) is a narrow 2-lane road with no curb and guttering on either side for the majority of the distance to Butterfield Coach Road. There is simply no safe way to bike or walk to those schools along the dangerous county roads. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 96 of 278 3 N I- 3 4 . Q 5_ ® 2 i r - I n. ,I When Zion Road is unable to handle the increased traffic, the residents of Chandler Crossing will automatically cut through Copper Creek subdivision, nearly doubling the traffic on the residential streets. This is one more confirmation it is sprawl. The infrastructure is not in place or at the City's discretion to improve because the main ingress and egress points will remain in the county. From Highway 265 to Copper Creek Drive, which T's into the subject property, there is not a single stop sign or traffic signal. Also, David Lashley Park is on the NE corner of the intersection. It does not have on -site parking, so there are customarily cars parked on the street, thus narrowing the passing lanes. As mentioned by adjacent land owners in the recent public hearing, the proposed entrance from Chandler Crossing to Zion Road is at the top of a blind hill just east of a 90-degree corner with no curb, gutters, or sidewalks. Two large trucks will struggle to pass in addition to the blind entrance exiting the proposed annexed land. To the west of the property, the one lane bridge has been discussed numerous times. It is in poor repair at this time, with a weight limit of 5 tons (10,000 pounds). Researching typical fire engines, they are commonly known to exceed this limit by five times. A typical ambulance can weigh 12,000 — 15,000 pounds, which also exceeds the limit. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 97 of 278 4 Summary: A simple 30 minute site inspection will have each planning commissioner understand and agree that this is sprawl and annexation is not the correct decision for the residents of the City of Fayetteville. The only benefit of the annexation is to facilitate the PZD for 200+ homes for the developer. There are so many reasons to deny the annexation: • Creates an island • Potential for existing drainage and water quality issues — both for neighboring land owners and Lake Fayetteville • Jurisdiction — county or city? Who is responsible for improvements and economic impact? • Safety — School -aged children, neighboring subdivisions, blind curves, inferior county road as connectivity points, deteriorating one lane bridge. The infrastructure and improvements to the surrounding area must be addressed prior to any annexation and subsequent rezoning or development. Lastly, the annexation and rezoning do NOT meet the goals set by the City: • Enduring Green Network goals • Reducing Urban Sprawl goals • the Mayor's Box Thanks for your time and consideration. Michele Lang 3322 E. Zion Road Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 98 of 278 Masters, Jessica From: Nancy Vaughn <vaughnnancy92@gmail.com> Sent: Friday, November 6, 2020 9:03 AM To: Masters, Jessica Subject: Environment 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. Mr. Masters Please ask for an environmental impact statement before something is passed concerning the area of Crossover and Zion Road development. Thank you, Nancy Vaughn, concerned citizen Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 99 of 278 Masters, Jessica From: Nick Anthony < nanthony@uark.edu > Sent: Monday, November 9, 2020 8:31 AM To: Masters, Jessica Subject: Additional information (3435 Zion Rd Annexation) Attachments: Lake Fayetteville Presentation 6-9-2020 - compressed photos.pdf CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jessica, here is a powerpoint presentation that does a nice job describing additional concerns regarding the downturn of Lake Fayetteville due to reckless placement of housing developments with poor water removal planning. I understand that this will not be included with the packet but should be provided to the committee members, so they are aware of this additional information. Take care, Nick Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 100 of 278 Masters, Jessica From: Nick Anthony < nanthony@uark.edu > Sent: Wednesday, November 18, 2020 5:03 PM To: Masters, Jessica Subject: Zion Rd Annexation and Rezone 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. 11/18/20 Members of the Fayetteville Planning Commission, This letter is a request for you to reject the proposed annexation and rezone of the Burge property on Zion Rd. This item has come up now for the third time and it is time to take a significant stand as to why this decision is not in the best interest of the City of Fayetteville. Early in the discussions regarding the Burge farm, the residents expressed concerns regarding the current water runoff issues associated with this property and the additional water that is being delivered from the Copper Creek subdivision. The addition of high -density housing, as proposed by the developer, does not seriously consider the water challenge that this development would have on the region. Prior to the last meeting on this topic, I submitted a powerpoint presentation that clearly reveals the water related challenges in the Fayetteville Clear Creek Watershed. I don't think anyone can deny that when you look at slide 31 "Priority Sites for Restoration and /or Conservation" you will find that areas that have undergone neighborhood development, like what is proposed, are the highest priority areas for restoration. One would have to assume that lack of attention to water control is the main contributor to this deterioration of these waterways. Poorly planned developments, regarding water management, caused this problem. Why should the current residents around the proposed development on the Burge farm expect anything different? Nothing that I have heard through 2 meetings has put me at ease regarding water management. In the first meeting there was concern that this annexation would create a doughnut with people within county being surrounded with city of Fayetteville. This problem remains with the current proposal. So, the people that live within this doughnut hole and are still in the county are afraid that there will be no support for water management. Water will come from this new development into the "county" with no fear of regulation because it is out of their jurisdiction. What guarantees do we have that this will not happen? Again, nothing has been presented by the developer to address this concern. Is it proper for the City of Fayetteville to create these awkward doughnut hole situations? There has been no clarity as to who will deal with narrow road and the one lane bridge on Zion Rd. Half of the bridge is City of Fayetteville and the other half in the county. It is fine to say that most of the traffic will exit the development on the 265 side but how do you know? Why would people living on the northern side of the development drive south then west through the whole development to exit on to 265? What about the people that work north of Fayetteville? Access to 540 from this location is not easy. Again, the developer has put little thought into this community concern. The land in question is within the Fayetteville Clear Creek Watershed which means that water from this land makes its way to Lake Fayetteville and beyond. Current concerns regarding the deterioration of water quality of this lake has been presented. Concerns regarding the deterioration of the stream banks that lead into Late Fayetteville are described in the powerpoint presentation. Relevant information regarding the unique features on this land have been presented. In fact, the Burge farm contains one of the only undisturbed "mound and Swales" feature in the Fayetteville Clear Creek Watershed that serves as a water filtration system for the watershed. In addition, a large "prairie" is embedded in the Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 101 of 278 mound and swales region. It would be environmentally responsible to reestablish this region to support the future integrity of Lake Fayetteville, as an addition to the Botanical Gardens. Do we simply ignore the science -based research that clearly describes this region and the impact that its destruction would have on the future of Lake Fayetteville? There is a clear dichotomy between the developers proposed plan for urban sprawl in the form of high -density housing and the protection of the property of residents living close to the streams feeding Lake Fayetteville as well as the Fayetteville Clear Creek Watershed. For me the decision is straight forward. I wait to see the science that says building this development specifically on the Burge farm will have a significant positive impact on the City of Fayetteville. I think there is clear evidence that building this development specifically on the Burge farm will have a negative impact on the residents living close to the streams feeding Lake Fayetteville and the Lake Fayetteville Clear Creek Watershed. Since the developer has ignored the concerns of the people impacted by this decision, he should not be rewarded for the plan. Best Regards Nick Anthony Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 102 of 278 Masters, Jessica From: shelley buonaiuto <goodhelp@cybermesa.com> Sent: Friday, November 6, 2020 3:21 PM To: Masters, Jessica Subject: Concern about Chandler Crossing Development Follow Up Flag: Follow up Flag Status: Flagged 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 want to express my concern about the proposed Chandler Crossing development. It risks negative impact on the water quality of Lake Fayetteville, already contaminated by Microcystin Toxins.The Development would cause building of road, roof and sidewalk surfaces that would channel sediment and Phosphorous into adjoining creeks. There has been recent flooding. I like to kayak on the lake, as well as hike the trails, and I see the great ecological benefits for birds, turtles and fish. Lake Fayetteville is also a back up water supply for the City of Fayetteville. In addition, I live on Clear Creek, west of the Lake and am concerned about contaminated water flows to my area. I believe it is possible and crucial to plan for development without endangering precious, imperiled ecological treasures, especially those that may serve also as our human and wildlife water supplies. Thank you, Shelley Buonaiuto 13866 Pin Oak rd. Fayetteville AR 72704 479-445-6567 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 103 of 278 Masters, Jessica From: Stephanie Jones Jordan <barnes Jones@gmail.com> Sent: Friday, November 6, 2020 10:39 AM To: Masters, Jessica Subject: Development near Lake Fayetteville 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 reconsider, and do NOT develop the subdivision above Lake Fayetteville. As an avid bird watcher, I visit the area frequently during migration season. The only place I've ever seen a painted bunting. Water quality is so important for our own health as well as the species we share this earth with. Thanks Stephanie Jordan 206-947-3922 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 104 of 278 Masters, Jessica From: Sue Mayes <sbmayes@cox.net> Sent: Sunday, November 8, 2020 9:21 PM To: Masters, Jessica Subject: Zion Road Property Annexation and Rezoning proposal 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, My husband Ben and I would like to weigh in the Zion Road property being proposed for annexation on Nov. 9. We have lived in our neighborhood on Valerie Road for 35 years. There are four of us live on lots bordering this proposed development that built our homes at the same time, then raised our families in these homes. Now our grandchildren come to our homes to enjoy the atmosphere of our neighborhood and the homes and yards their parents grew up in. Ben and I shared a barbed wire fence with Robert and Ellen Burge and their cattle, donkeys and llama, and they were great neighbors! We have always known that someday the farm might be sold, and a housing development might ensue. But none of us were prepared for the high -density, multi -use, cram -as -many -dwellings -as you -possibly -can scenario, which is currently before the Fayetteville Planning Commission. I'm sure that our story is similar to the stories of many people who own homes in this area that will be affected by a development such as one proposed. Several of us have visited one of the most recent neighborhoods that this developer has done, which included duplexes and single family homes. The neighborhood is less than a year old, and is already quite run-down and something that would definitely negatively affect the value of any home surrounding it. Most of the homes have already converted from single family homes inhabited by their owner to investment properties (rentals). Our quality of life is sure to be negatively impacted by the dramatic increase in traffic and the noise and light pollution that will accompany so many people living in such close proximity after being in our idyllic setting for the majority of our adult lives. That being said, at the very least the proposed development is completely incompatible and almost conflicting with the immediately surrounding neighbors. We have spent the last 35 years caring for and investing in our property, with literal blood, sweat and tears, hoping it would provide for us in our retirement years. The proposed development will surely significantly decrease the value our home, greatly impacting our ability to survive our retirement years. Please know we are not opposed to the land being developed in a manner more consistent with the neighboring homes. We would like for any development to enhance and not devalue the neighboring properties and our ability to continue to love where we live. Just because a development meets the criteria of a plan doesn't mean it is appropriate for a particular community within our city, such as in this case. Therefore we would like the Planning Commission only approve a development of much less density and single family homes, something similar to the Copper Creek neighborhood to the north of the Burge property. Thank you for your consideration and time. Please send me a link for the Zoom meeting on Nov. 9tn Ben and Sue Mayes 3266 E Valerie Dr Fayetteville AR Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 105 of 278 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 106 of 278 Masters, Jessica From: Susan Drouilhet <susan.drouilhet@gmail.com> Sent: Friday, November 6, 2020 5:10 PM To: Masters, Jessica Subject: Development Plans in the Lake Fayetteville Watershed 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 have just learned of the proposed Chandler Crossing development and its potential impact on the Lake Fayetteville watershed. As a frequent user of the lake and its surroundings - rowing, kayaking, hiking, running, biking - I am very concerned about the potential impact of the proposed development on the health of the watershed. It seems that the efforts to not only maintain but improve the watershed health and vitality as promoted by the Lake Fayetteville Watershed Partnership would be greatly impeded by this development. This lake is a precious water resource in Fayetteville and needs to be protected and improved, not just for recreation, but for the preservation of a valuable and irreplaceable resource. Sound and sustainable development practices that provide for protecting the watershed make good sense for all, economically, environmentally, and aesthetically. I would ask that you please take these concerns into consideration as the plans for the development are reviewed. Thank you, Susan Drouilhet 1119 N Shady Lane Fayetteville, AR 72703 (479) 236-2341 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 107 of 278 Masters, Jessica From: victoria mcclendon <viktorialeigh@gmail.com> Sent: Friday, November 6, 2020 1:25 PM To: Masters, Jessica Subject: Concern for water quality impact of proposed 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. Hello J. Masters, I am a Fayetteville citizen who enjoys Lake Fayetteville in many ways and who volunteers for the Lake Fayetteville Watershed Alliance lake cleanups and invasive plant removal efforts.. I am aware of the posted algae bloom warnings this year and the lake assessments with concerns for runoff to the lake. It seems that it is clear that the city should have a position of protecting Lake Fayetteville, and committing to its long term improvement, as a backup water source, and as an asset for public recreation. There are so many reasons that Lake Fayetteville has great appeal and potential. It so naturally works with the greenway, expansion of biking and hiking trails, Botanical Garden, birding, fishing, and family enjoyment. And the city's commitment and support to new recreation areas, the south Fayetteville river development for example, should not bely the existing underdeveloped natural jewels- Lake Fayetteville the predominant one. I would like to see this long term commitment to improve the water quality and public enjoyment of the Lake in formal city planning, and ask in this present moment that any nearby building development plans be required to assess the impact on Lake Fayetteville., and the Planning Commission bring that serious consideration to their decision making. Respectfully, Victoria McClendon 146 West Prospect Fayettevile AR Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 108 of 278 Masters, Jessica From: A P <adampinion@gmail.com> Sent: Tuesday, November 3, 2020 9:46 PM To: Masters, Jessica Subject: Re: City Planning Attachments: image001.png CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you for the information. I would like the following include in the comments for the meeting. My name is Adam Pinion and my family and I live at 3522 E Zion, the most northern section of the proposed plan. If this proposal is approved, I will be on a land island on my own property. I have Fayetteville utilities (except no sewer) and mailing address, but a Springdale zip code of 72764. This worries me. Additionally, traffic and flooding are of great concern. The nature of the proposed property isn't consistent with the feel of the land in this area. The soil is prime farmland. Use the land for what it's best intention should be. I am against this development and the threat of a land island that this possess to myself and my family. Adam Pinion On Mon, Oct 26, 2020, 8:55 AM Masters, Jessica <jmasters@favetteville-ar.gov> wrote: Good morning, Adam, The developer is bringing back the same annexation request that was previously tabled, and is now requesting to rezone the property that is being annexed and a portion of adjacent land along N. Crossover to a PZD, or a Planned Zoning District. The proposal indicates some commercial zoning along the property's Crossover frontage, and residential zoning throughout the rest of the property. For a quick visual, I recommend taking a look at the Planning Projects Map to show the land in question. The project numbers are as follows: • ANX-2020-000001 • PZD-2020-000002 The plans can be viewed at this link here. This link includes both information on the annexation, and information regarding the proposed PZD zoning. The entire project is still under staff's review, and final comments on both will be available by Thursday, November 5 ahead of the November 9 Planning Commission meeting. The meeting will begin at 5:30 PM. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 109 of 278 The meeting is likely to be held virtually due to the pandemic and information about how to participate can be found at this link. The meeting specifics are typically posted around 24 hours ahead of time. If you would like to issue comments and want to make sure they are included in staff's report, please have them to me by Wednesday, November 4 so I can make sure to include them all. Members of the public can issue comments to me via email, phone, (or mail!), and you can also provide comments at the meeting. (You can continue to submit comments to me after that deadline, but they will not be included in the packet). I am happy to answer any additional questions you might have. Many thanks, Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube From: A P <adampinion @gmail.com> Sent: Monday, October 26, 2020 8:36 AM To: Masters, Jessica <Imasters@favetteville-ar.gov> Subject: City Planning CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 110 of 278 I'm attempting to locate more information about the site plan or submitted proposal for the requested annexation and rezoning of the 3435 East Zion property. I live at 3522 a zion and this directly impacts myself and my family. I've attempted to use the City of Fayetteville planning website but the instructions to the dropbox for current items doesn't exist anymore. Any information is appreciated. I attended the virtual meeting in September for the same property where it was tabled indefinitely, so I'm looking to see if there's anything different and I appreciate your time. _�.0 ' Werl Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 111 of 278 Masters, Jessica From: Sent: To: Subject: Allen Carney <acarnack@gmail.com> Monday, October 26, 2020 11:41 AM Masters, Jessica East Zion road zoning CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, I'm writing to ask the city to contemplate opening the extension of Zion Road to the east at it's juncture with Crossover Rd before allowing additional property to the east of that intersection to be developed. This would allow planning to take a future look at traffic and water flow before allowing additional development work to be done. Problems that could be overcome before they become massive: 1) flooding in the area 2) diverted traffic through an established neighborhood 3) replacement of a small bridge By extending the current Zion Road to the east across Crossover Road, master planners could alleviate these as well as other problems. Thanks for your consideration. Allen Carney 3747 E Lexus Dr, Fayetteville, AR 72764 479-871-7042 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 112 of 278 Masters, Jessica From: whiterl@cox.net Sent: Wednesday, November 4, 2020 8:50 AM To: Masters, Jessica Subject: Zion Road 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 Ms. Masters, My husband and I want to object to the large development that is proposed for Zion Road. We bought a house in Stonewood/Copper Creek in late 2018. We live at 314S Ladelle Place. You cannot imagine the disappointment to find out that a developer is trying to put in a huge, crowded complex next to our neighborhood. This is a quiet neighborhood with so many older folks who walk and so many children on bikes, etc. There is no major road plan to carry the traffic load for the proposed huge development. Our neighborhood .... nor the surrounding rural neighborhoods .... does not deserve to have this. Our whole area is quiet, somewhat rural, and with higher end homes. East Fayetteville is wonderful. We have all heavily invested in our homes. A developer wants to "sandwich in" a crunched and crowded neighborhood with no major road development to handle that traffic level. This type of neighborhood DOES NOT FIT INTO EAST FAYETTEVILLE. EAST FAYETTEVILLE IS MADE UP OF QUIET AND SAFE FAMILY NEIGHBORHOODS. Not only traffic but flooding is a major concern for many of our neighbors. Please help us to preserve our wonderful family neighborhoods in East Fayetteville. Dr. Charles and Rebecca White 0 Virus -free. www.avast.com Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 113 of 278 Masters, Jessica From: Darryl Calvert <calvert42@gmail.com> Sent: Saturday, October 31, 2020 11:22 PM To: Masters, Jessica Subject: Chandler Crossing 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. The development of Chandler Crossing on East Zion Road will be detrimental to the existing neighborhoods. Buildings with no maximum height limitations could lead to apartment houses rivaling those downtown, on campus, and on Dickson. The flooding problems already in existence in the area will get worse and the water flowing into the Botanical Garden and Lake Fayetteville will be heavily polluted from the development runoff. Finally traffic congestion during and after construction will cause personal and property damage, not to mention increased air pollution. I respectfully ask the City Planning Commission to reject completely this awkward proposal that will spoil the environment and ambience of northeast Fayetteville. Sincerely, Darryl Calvert D 1 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 114 of 278 Masters, Jessica From: Deborah Ogg <deborahgogg@hotmail.com> Sent: Tuesday, November 3, 2020 6:38 PM To: Masters, Jessica Subject: Zion Road Rezone/Annex 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 to express my deep concern about the proposed development on Zion Road. I do understand that the beautiful property off East Zion will not always stay the same. However, what does concern me is the city allowing this project to go forward without first resolving the issues of traffic and flooding which no doubt will be a problem. We live in Copper Creek and our neighborhood along with Stonewood and Embry Acres will be just a few areas affected by your decision. Thanking you in advance for your consideration and thoughtfulness on this matter. Debbie Ogg Sent from my Pad Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 115 of 278 Masters, Jessica From: Debra Aasmundstad <dka5065@att.net> Sent: Tuesday, November 3, 2020 3:46 PM To: Masters, Jessica Subject: 3435 E. Zion Road Annexation and Zoning Request-- Citizen Comments 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. Ms. Masters, My name is Debra Aasmundstad and I live at 4701 Copper Creek Drive, Fayetteville, in the Copper Creek Subdivision. I see that the Fayetteville City Planning Commission is, again, having a hearing on the above -noted matter. I've reviewed the proposed annexation, and the revised detailed map of the proposed development of this land. Sad to say, the proposed development is the epitome of badly designed urban sprawl. The density and type of housing, and access, is almost comical in its design. Urban Sprawl is generally characterized by discontinuous, haphazard, uncoordinated, unplanned or poorly planned urban development. It is characterized by low density, excessive consumption of land, automobile dependence, separation of land -uses, social segregation and displeasing aesthetics. This should not become the face of Fayetteville. Clearly the land will eventually be sold and developed. Preserving natural resources such as farmland, parks, open spaces and unused land is one way to reduce urban sprawl. I wish to continue to be proud and boast of being a resident of Fayetteville. Please practice your due diligence as city planners in considering this proposed land annexation and this development plan. They do not meet the standards set by Fayetteville in stellar community design. Surely thoughtfulness, with high standards in mind, need to be at the core of your deliberations. Thank you for your consideration. I trust you will act in a manner which keeps Fayetteville a wonderful place in which to live. Debra Aasmundstad Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 116 of 278 Masters, Jessica From: Dennis Graves <denem5051 @yahoo.com> Sent: Monday, November 2, 2020 11:51 AM To: Masters, Jessica Subject: Zion Rd rezoning proposal CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good day After reviewing the available plans for this project we are even more concerned about multiple things. *Water exiting the retention ponds, one of them exits right into our back yard. * Drainage concerns. (Can't stress this one enough) * Since some of the drainage in this proposal is down their right -away, what part will SWEPCO play? * Density and style of homes. *Fence type, if any, along property lines. *Green -spaces, or lack of, within each planned area. *Potential loss of property values. *Zion road safety issues...( narrow road, increased traffic) * Dangerous one lane bridge with 5 ton weight limit (which is currently only a suggestion to heavy traffic.) 1 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 117 of 278 Masters, Jessica From: Planning Shared Sent: Wednesday, November 4, 2020 11:21 AM To: Masters, Jessica Subject: FW: Annexation and Rezoning, Patricia Severino property Andy Harrison Development Coordinator Planning Division 125 W. Mountain City of Fayetteville, Arkansas 72701 aharrison(a�_fayettevi Ile-ar.gov) T 479.575.8267 1 F 479.575.8202 Website I Facebook I Twitter I Instagram I YouTube CITY OP IVA FAYETTEVILLE ARKANSAS From: Malcolm [mailto:dmalcolm.mcnair@gmail.com] Sent: Wednesday, November 04, 2020 11:01 AM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Malcolm McNair <dmalcolm.mcnair@gmail.com> Subject: Annexation and Rezoning, Patricia Severino property 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. As an adjacent property owner to the Patricia Severino property, with layman description of 3435 E Zion Road, Washington County, Arkansas, my sister and I are very much in favor of the Annexation into the City and requested rezoning of the 59 acres. This Annexation and Rezoning request comes before the Planning Commission on November 9, 2020 at 5:30pm. Thank You for your consideration of our support. ECT Farmland, LLLP D Malcolm McNair, Jr. Lucy McNair Jones Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 118 of 278 Masters, Jessica From: Planning Shared Sent: Tuesday, November 3, 2020 8:11 AM To: Masters, Jessica Subject: FW: Resining of E. Zion & North Crossover ANX and PZD on Zion Rd. Andy Harrison Development Coordinator Planning Division 125 W. Mountain City of Fayetteville, Arkansas 72701 aharrison(a�_fayettevi Ile-ar.gov) T 479.575.8267 1 F 479.575.8202 Website I Facebook I Twitter I Instagram I YouTube CITY or- IVA FAYETTEVILLE ARKANSAS From: nfullerl2@aol.com [mailto:nfullerl2@aol.com] Sent: Monday, November 02, 2020 5:57 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Resining of E. Zion & North Crossover 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 home at 4260 N Hillside Terrace is adjacent to this development. I am concerned about what is going to be built next to our fence. I hope there will be no large apartment complex butted up against our fence for us to look at from our deck. I would hope there is a design available for the people to look over before this is passed. Single family homes with privacy fences would be something that would keep our property values from going down. Ray & Nancy Fuller 4260 N Hillside Terrace Fayetteville, AR 72703 479-530-2924 nfullerl2@aol.com Sent from AOL Mobile Mail Get the new AOL app: mail.mobile.aol.com Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 119 of 278 Masters, Jessica From: Georgia Ross <georgiahross@icloud.com> Sent: Monday, October 26, 2020 3:51 PM To: Masters, Jessica Subject: Proposed development on Zion/Crossover 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 write in concern for the development proposal at Zion/Crossover. My concern pertains to drainage. Will this proposal slow water getting out of the neighborhood by increasing flow from the development into Hilton Creek? Several yards in Stonewood already flood during heavy rain. Also, I am concerned about the effect on The Botanical Garden of the Ozarks which has flooded on occasion and suffered damage to plant and signage. The garden is a popular spot for many people and is supported largely by memberships and fees from activities. The Garden is a big draw to our area from all of NWA and indeed from all over the USA. Its importance to the economy, to family life, and to recreation and relaxation should never be overlooked. Thank you for considering the concerns mentioned here. Sent from my iPad Georgia Ross 3741 Hearthstone Dr Fayetteville AR 72764 870 208 3396 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 120 of 278 Masters, Jessica From: Sent: To: Subject: James Cooper <DrCooper77@cox.net> Thursday, October 29, 2020 1:43 PM Masters, Jessica Zion road proposal CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. We reviewed the amended proposal by the developer. Once again, where is the drainage feasibility study, and once again, there is no mention of the narrow road or inadequate bridge, not to mention the problems with county ownership or maintenance. It is our understanding that the extension of Zion Road south past the traffic light is a possible future project that would entail the city purchasing that land and paying for the extension. Since our property is downhill from a proposed extension, again where is the drainage feasibility study? We appreciate the desires of the developer, however, to extend Zion beyond the traffic light to facilitate his desire for commercial expansion along Zion plus apartments and homes seems inappropriate at this time. Zion road from 265 to his property can not accommodate continuous traffic involving heavy dump trucks and construction materials. I see nothing in his proposal that resolves the issue with the county. We are adamantly opposed to the city approving this proposal. Dr. James Cooper 3209 East Zion Road Fayetteville 72764 479-872-6558 Sent from my Phone Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 121 of 278 Masters, Jessica From: Jessica Farmer <jjfarmer1234@gmail.com> Sent: Tuesday, November 3, 2020 8:36 PM To: Masters, Jessica Subject: Zion Road Annexation/Rezoning Concerns Attachments: Video.mov; image1 jpeg; image4 jpeg; image2 jpeg; image3 jpeg 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, My name is Jessica Booth and I live on E Zion road. I would like to request that this email be included for the planning commissioners review. Thank you! Planning Commissioners, I am writing today to express concerns regarding the E Zion Road rezoning request, annexation, and plans for development. Before I jump into my concerns, I'd like to urge each of you to take a drive out to our neighborhood. Take a walk all around and watch the traffic. Note the condition of the road and the bridge in relation to the proposed plans. Check out the several 90 degree turns of the road in relation to where the plan wants to put entrances/exits. Check out our livestock and gardens (although they looked much more alive this summer, the gardens I mean ... the livestock is still alive and well). You're more than welcome to park at our house, as parking on the street is not a great idea due to the narrow road. Survey the character of our neighborhood. I can assure you, what is being proposed is absolutely not in line with the character of the surrounding neighborhood. As was discussed in the last meeting in August, a very large percentage of the proposed property was described as "prime farmland." Why is this prime farmland being wasted? The properties adjacent to the proposed property are a semi -agricultural type community. As mentioned before, many neighbors raise livestock, drive tractors, maintain ponds, and grow gardens to feed their families and neighbors. Most of the homes surrounding the proposed development area are on 1-3+ acre lots, with plenty of distance between neighbors to maintain our hobby farms or hobby gardens. We voiced our concerns at the last meeting regarding road safety, bridge safety, and increased traffic problems that E Zion Road can hardly sustain as is. Also, not discussed as much is the intersection of E Zion road and 265. It is already incredibly dangerous (especially turning left!). Additional traffic would compound the problem. A stoplight would be direly needed to prevent even more accidents at that dangerous intersection if traffic increases. I will attach photos of the sketchy one lane, 5 ton limit bridge that has come up so often in our concerns (which is half in the city, half in the county). There is also a video attached of the bridge guardrail that is attached by one single bolt. For reference, google says that an ambulance weighs 5 tons, a cement truck weighs 16-24 tons, a fire truck can weigh 40 tons, and the legal weight of a semi truck is 40 tons. I have personally seen several of these vehicle types cross our tiny little bridge. I fear that with this type of development, illegal(?) crossings of overweight vehicles will increase and eventually the bridge will fail. We talked about flooding that already damages and impacts our property even without an incredibly dense development upstream. Roofs and asphalt, especially hundreds and hundreds of them will not absorb rainwater. This Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 122 of 278 type of development will make it much worse for those downstream, including potentially polluting runoff into Lake Fayetteville. None of these concerns that we have expressed previously (or currently) have been alleviated. In fact, with the addition of the developer's plans for this proposal, my concerns have gotten much worse. The proposed plans for the property in question are a blatant, almost comical attempt to make as much money as possible without regard to the current members of the community or the character or the area. As others have surely said, we are not against development. We would love to welcome new neighbors to this community. At the last meeting in August, a commissioner suggested that the developer come out and talk and work with the neighbors regarding this proposed development. I can assure you that not a single attempt was made to communicate with us. We are friendly folks and would have welcomed a chance to work together to safely (and without creating additional flooding) expand the area while preserving the character of the neighborhood (6 feet apart and masked, of course). The developers have made it clear that their priority is not to preserve the character, safety, or wellbeing of the community, but to stuff as many dwellings into as small an area as possible so as to make the most money possible. Thank you for your time and your consideration, Jessica Booth 3400 E Zion Rd Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 123 of 278 ..dr rll 6, FmlkpL '41b M L 3. 74 m r l r M1 �i.f�F�+�x�$t�'{7'.'N�+{r1�.�1.:.'to`5.'r�4�^.^:T�'.'.a�•�La:r7.r i'A.:�'�ni.1•'.�r:vr`.'�.ti i.ti�Ah�:. r'IYX �':?r:�:".. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 125 of 278 I 4 w r � .• �L . Iv �"� �•�Pr yy! yy � ti• L� + • ' .L Rom} ~ f" • i r 4 �rK r }° y i 2 ^� -.,'' .x....... — ,s •-ice + �1+'''�y��- ~: � L� - ! tS{' - Awl Llm do L.'�+r L1L_, J'?'•?� •y. qr Aw 1 st ' .- ' �L Masters, Jessica From: Joseph Robertson <joseph.robertson@outlook.com> Sent: Wednesday, November 4, 2020 9:40 AM To: Masters, Jessica Subject: Chandler Crossing / 3435 E Zion Rd annexation and 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. Ms. Masters and Commissioners, The latest annexation proposal does not meet the city's guiding policies on what should be annexed. Please reference my previous letter below (8/24) reviewing the report released just before our last meeting. All of the previously voiced concerns still apply. Neighbors have issue with increased traffic on Zion, pedestrian safety, bridge (load and flow) capacity, existing and future storm water runoff, sprawl, emergency services access, and impact to the Lake Fayetteville water quality. Last time annexation of this property was discussed, one commissioner pointed out that the lines do not follow any natural corridor (not even property lines). This proposal does not attempt to correct that issue. I hope that you carefully consider Mr. Lang's report about the current water runoff capacity of this area and the dramatic increase in flooding that will occur from added roofing and paved areas. It is in the city's best interest to avoid floods as the property damage leads to lower home values and water pollution that flows directly into Lake Fayetteville. Extending the city's borders to facilitate more development affects not only the established homes and the lake, but it also impacts our wonderful Botanical Gardens. Please reject the current proposal and consider only annexing and zoning property localized to the 265/Zion light intersection while requiring significant storm water runoff steps be implemented and verified. Even working systems will degrade and fail over time without proper maintenance. Joseph Robertson 3397 E. Zion Rd. From: Masters, Jessica <jmasters @fayetteviIle-ar.gov> Sent: Monday, August 24, 2020 3:18 PM To: Joseph Robertson <joseph.robertson@outlook.com> Cc: kellierobe@gmail.com <kellierobe@gmail.com> Subject: RE: 8/24 Fayetteville Planning Commission Memo - New Business items 6 & 7 Joseph, Thank you for your input, and again, apologies for the oversight on the email we received from Kellie. I have forwarded both yours and Kellie's emails to the Planning Commission. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 128 of 278 I encourage you to attend the meeting this evening. Information about how to sign in can be found at this link, and I encourage you to register ahead of time. Many thanks, Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY aF FAYETTEVILLE APHANRILAFISA6 From: Joseph Robertson <joseph.robe rtson@outlook.com> Sent: Monday, August 24, 2020 1:38 PM To: Masters, Jessica <jmasters @fayetteviIIe-ar.gov> Cc: kellierobe@gmail.com Subject: 8/24 Fayetteville Planning Commission Memo - New Business items 6 & 7 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. Mrs. Masters, I was disappointed to see that our letter — sent 8/17 - was not included in the planning commission report for this evenings meeting. We tried to keep it to a single page so that it would be easy to read and include. I see that you responded this morning and said it would be provided to the council, but it worries me that they will not have adequate time to read ours and other letters that were missed. After reading through the report, I wanted to provide my feedback and questions on that content in case I am not given a chance this evening. 1. On page 2 under Infrastructure, you state that any required street and drainage improvements would be established at the time of development. a. Is the total cost of those improvements to be borne by the developer? If not, how can the city make an informed decision without knowing the financial impact? b. Page 9 describes Annexation policies as guidelines "designed to ensure that public services, infrastructure, and utility extension is properly addressed in order to manage growth". Based on that definition, it sounds like annexation is exactly the time to address those services and not at development. c. Can we get the ball rolling on having a flood study done in the section that is already under city jurisdiction (between the 1-lane bridge and 265)? Flooding is already a concern without changes, it makes sense that we first determine what is happening before adding additional development. 2. Fire response time is longer than their 6 minute goal. To meet their goal to cover this undeveloped neighborhood, would the city need to add another fire station and at what expense? Would that also be covered by the developer or the taxpayer? 3. Page 3 shows scores from the City Plan 2040 Infill Matrix with one of the elements that contributes to that score as a "4 minute fire department response time" yet it was stated the response time is actually 7.2 minutes. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 129 of 278 4. Annex Guiding policy 12.3.5.a states that the city should "not annex areas that create an island or peninsula". The finding text explains that this annex would not create an island. It does however create a peninsula of county land wrapped by Fayetteville City limits. This fact counters the guideline. 5. Annex Guiding policy 12.3.5.d says that the "annexed areas should follow natural corridors". a. Can you please define "natural corridors"? b. The findings state that "annexation boundaries almost follow the property lines... [but] does not necessarily follow any natural, already existing corridors". This seems to counter the guideline. Annex Guiding policy 12.3.5.f about environmentally sensitive areas a. The finding section seems to argue that city oversite is needed to address flooding issues, but most of the land between the named property and Lake Fayetteville is already in the City. This has not helped matters in the —6 years that we have owned our property. I got to speak with Alan Pugh on these matters this morning and it sounds like it is currently the property owner's responsibility for keeping the stream clear of debris. Beyond making sure every property owner understands that, I believe a flood study could help root out the cause(s). b. The findings also mention development will be subjected to the City's streamside protection standards. How will those standards protect current residents and how will they address preexisting issues? 7. Annex Guiding policy 12.3.5.g "Public services must be provided efficiently in newly annexed areas." a. While the Police Department has no concerns with the additional load, we have experienced delays with the current boundary lines because both City Dispatch and County Dispatch are quick to defer to the other. Muddying the waters by making an irregular boundary will make this a bigger issue. b. With the estimated response times for Fire protection service not meeting the current standard, what is the current plan to address this policy? 8. Annex Guiding policy 12.3.5.h Annexed areas should receive the same level of service —While this address already receives Water and Trash/Recycling pickup, what additional cost will be incurred by the city to add Fire Protection (to standards) and Sewer service? I see no estimates in this report. Is there another report that has those numbers? Annex Guiding policy 12.3.5.k Proposed annexation areas should not require the upgrading of utilities to meet the demands of development unless there is a threat to public safety. a. Engineering states upgrades will be needed. This statement counters the guideline. b. Planning states significant infrastructure improvements would need to be made. This also counters the guideline. c. There was no mention of capacity for gas. 10. Annex Guiding policy 12.3.5.m Planning with adjacent jurisdictions — Is Washington Count a jurisdiction? Has it been discussed with them? Do they want the city to take on Zion Rd. as part of their street plan? 11. Annex Guiding policy 12.3.5.n "Establish agreements to address regional concerns, such as water, stormwater, and sewer." a. How are these agreements established? The finding text only mentions discussions and does not define the procedure or included parties. b. What if neighbors do not agree with the plan? What recourse is available? 12. Annex Guiding policy 12.3.5.p "Designate zoning districts for the property during the annexation process." a. I understand that Item #7 on tonight's agenda was rescinded. It sounds like the plan is to move forward with annexation discussion which counters this guideline. It is very concerning to me that the city would take this step without proper public input and potentially deciding on it behind closed doors. It is especially concerning if it potentially affects our ability to continue using our own land consistent with how we have since we purchased the property. 13. Annex Guiding policy 12.3.5.q "An annexation study should be completed on all annexation proposals." a. The finding states that responses with other departments were included in this report. The only data I see included is the Fire Department response time estimate which counters guidelines already discussed above. Please define what an annexation study entails. b. Where is the cost estimate that will be placed on the taxpayers? Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 130 of 278 14. Annex Guiding policy 12.3.5.r "Development proposals require a separate review from the annexation proposals." a. Will that proposal be public and open for comment? 15. Annex Guiding policy 12.3.5.t "Encourage larger annexations to create acceptable boundaries." a. It seems very ambiguous what is considered a large vs moderate size annexation. b. The finding text seems to skirt over the issue that annexing the portion North of Hilton creek would create a distinct peninsula as previously mentioned with item 12.3.5.a. 16. Annex Guiding policy 12.3.5.0 "Conduct a fiscal impact assessment on large annexations." a. Given finding that "annexing land toward the northeastern extent... can pose financial challenges for the City to maintain the public infrastructure in a fiscally sustainable manner", should we not therefore require an impact assessment so that the council can make an informed decision? 17. Is the land in question for this annex to be used to establish Title IV (Housing and Urban Development Act of 1968) or Title VII (Housing and Urban Development Act of 1970) housing? 18. Will this item get placed on the next election if passed by the city council? Based on the findings in this report countering guidelines and no hard data backing up the decision, I cannot understand why the staff recommends approving this annex request. Joseph Robertson 3397 E. Zion Rd. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 131 of 278 Masters, Jessica From: Kellie Robertson <kellierobe@gmail.com> Sent: Saturday, October 31, 2020 1:47 PM To: Joseph Robertson; Masters, Jessica Subject: Re: Concern about 3435 E. Zion Rd rezoning 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. Planning Commissioners and Ms. Masters, I appreciate the information sent out concerning the proposed Chandler Crossing development. As our family stated back in August, we have many concerns with this development. Foremost are flooding and safety. The proposal mentions that a drainage report and traffic study will be submitted. Who will be responsible for organizing these studies? What is the timeline for them? Are there any requirements that the studies be completed and someone approve them prior to the development work beginning? What recourse will current property owners have to combat damages from poorly planned developments? Since we moved into our home 6 years ago, at 3397 E. Zion Rd, flooding from Hilton Creek has been a constant concern. We have seen nothing done to alleviate the drainage issues. There are many factors at play including unmaintained existing retention ponds, undersized culverts along Zion, and excessive vegetation in Hilton Creek all the way to Hwy 265. During a hard rain, the back of our property often turns into a river, flowing straight into our neighbor's home to our west. Another contributing factor is the low water bridge on the Burgess property. They have placed fencing across the creek, which catches debris and forces the pooling water on their property outside of the creek bed and eventually reroutes through our property. The ditches along Zion Road fill up quickly with the excessive runoff and undersized culverts cause it all to spill over the road. The one lane bridge becomes impassable and a safety hazard as water covers the road and bridge. We have attempted removing brush up to the one -lane bridge ourselves, but for it to be effective, that action must be carried through to the larger culverts at Hwy 265. If new development is put in place, without very careful planning and ongoing maintenance, we are concerned this flooding problem will only become worse. We are attaching pictures from the flooding so far in 2020. We can provide pictures from previous years that look very similar. Our hope is that the city and county can find a way to finally address the cause before adding more homes and development in this area. We would very much like to remain in the county and at the very least remain zoned agriculture so we can continue to use our land as a family farm. Can you provide us any information about how regulations or requirements might change for our property if the area is rezoned? As mentioned above, the one lane bridge is a safety problem. There are issues with visibility, load carrying capacity, and traffic flow, and it may also be acting as a choke point for water during heavy rains. An increase in population on this section of road increases the chance of pedestrian accidents, as there are no sidewalks or bike lanes, except for a small section of sidewalk at Hwy 265 and another section at Copper Creek. People drive through the area with little regard to children playing in the yard or people exercising on the road. Our family enjoys the playground in Copper Creek. It is within easy walking distance, but due to the way people drive and the current state of the road, we usually choose to drive for safety. We have not seen any information on how the city will support the families in the new development area. Where will they go to school? Will current residents be moved to a different school? What emergency support systems will cover this area? The few times we have needed either police or ambulance, the dispatch wastes time sending us back and forth between Fayetteville City and Washington County. It seems they do not know where we belong either and care was delayed. What will happen if the area doubles or triples in families? How will their services be provided in a timely and safe manner? 1 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 132 of 278 The proposal mentions the development will be similar to the Lakewood Subdivision. That subdivision is very dissimilar from the current Copper Creek neighborhood and surrounding rural area. I don't see how the developers can state this new neighborhood will be "similar" to surrounding neighborhoods. The proposed development will require the creation of infrastructure. Why should the City of Fayetteville be left with this bill? The City has already stated it wants to prevent sprawl. How is this development not sprawl? My family loves our neighborhood. We love the access we have to both Fayetteville and Springdale. We hope any future development will work to preserve our environment, not create more problems for flooding or property damage due to poor planning. We hope developers will carefully consider how their work will affect not only the surrounding homes, but the Botanical Garden of the Ozarks and nearby roadways that can be impacted by increased flooding. We aren't shying away from new neighbors. We love the area and understand why others will too. We hope any new families will find a similar, well cared for environment, with easy access to services. We do not want to see a neighborhood thrown together quickly with no regards for the timing of fire or police, with no regards to the impact to local schools or nearby property. I would encourage the planning commission to come out and view the area for themselves. Maybe seeing will help everyone better understand our concerns. As mentioned above, I am attaching pictures of flooding from this year. We would welcome discussion on how to prevent this in the future. Regards, Kellie Robertson 3397 E. Zion Rd. 479-283-6182 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 133 of 278 b P inning Commission ecember 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 135 of 278 L YN ,A . . .......... � - -.__ -_ •--.'may..- � `- - - .r I� �'�„ - _ A r � Masters, Jessica From: Kristin Collins <kristin.collins65@gmail.com> Sent: Monday, October 26, 2020 2:10 PM To: Masters, Jessica Subject: 3435 E. Zion Rd. 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 Ms. Masters, I live in a nearby subdivision, Copper Creek. The 85 acres behind us can Not sustain a multi family and commercial properties. There are drainage and flooding issues, traffic issues, not to mention a complete change to the environment! We do not want this in our beautiful rural setting. You need to hear what we have to say as residents of this area. Our area can not sustain more development and keep Fayetteville a desirable place to live. There is too much already! This is not the area for development for many reasons. I have lived in Fayetteville for 20 years and want my local government to continue to listen to its residents. Kristin Collins, B.F.A., M.S. Counselor Heritage High Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 138 of 278 Masters, Jessica From: mmbritain@gmail.com Sent: Wednesday, November 4, 2020 11:47 PM To: Masters, Jessica Subject: Chandler Crossing concerns 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. Jessie, As a Fayetteville resident who is frequently rowing on Lake Fayetteville, I am very concerned with the proposed Chandler Crossing development. As I'm sure you are aware, the water quality of Lake Fayetteville is not good, with sediment and P coming in from Clear Creek clearly the culprit. The lake has experienced repeated dangerous blue-green algal blooms (microcystin toxin), which correlate to the eutrophic conditions in the lake. The lake has become an important outdoor destination for hikers, bikers, rowers, kayakers, and fisherman. It's on the square to square bike route, and therefore has visitors from throughout the region. The lake deserves to be protected. I'm afraid that the Chandler Crossing development, with —400 houses within the lake's nearby watershed, will negatively impact the lake's water quality. The plan includes miles of impervious surfaces: roofs, roads, sidewalks --all surfaces that will move sediment and P laden run-off directly into the adjoining creeks without the natural filters that a plant rich riparian zone can provide. Neighbors have provided photos to you demonstrating recent flooding. I'm sure the planning commission is also aware that Lake Fayetteville is the City's back-up water supply. For that reason alone, we should be careful of developments in the watershed. One of the recommendations in the Watershed Conservation Resource Center's report (funded in part by the City of Fayetteville) was to "Conserve family farms as working farms ..." This —80 acre plot was until recently a working farm. I realize that we cannot stop growth completely in an area where the population is increasing, but I would ask that you pause and reconsider this development with the health of the lake in mind. Can the land be preserved or developed in a way that will have less of an impact on our water supply? Thank you for your consideration. Where can I optain the Zoom link for the Planning Meeting where this will be addressed? And, are citizens allowed to speak? Sincerely, Margaret Britain 1931 N. Wheeler Ave. Fayetteville, AR 72703 479 236 0926 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 139 of 278 Masters, Jessica From: Margret Walker <wmargret09@gmail.com> Sent: Tuesday, October 27, 2020 1:03 PM To: Masters, Jessica Subject: 3435 E Zion rezoning proposal concerns Attachments: Planning Commission Members and City Staff.docx 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, I have attached my concerns to be presented to the November meeting of the Planning Commission. Thanks for your assistance, Margret M. Walker 3441 Peppermill PI, Fayetteville, AR 72764 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 140 of 278 Planning Commission Members and City Staff: Subject: Annexation 3435 E. Zion RD, Chandler Crossing Proposed Annexation From: Margret M. Walker, resident of Copper Creek Subdivision, adjacent to proposed annexation My concerns: 1. Traffic access and flow out of a proposed high -density dwellings' area The proposed street connections: • Two new streets onto Zion Rd from the proposed site going west over a one -lane bridge to HWY 265 with no stop lights on HWY 265 at that intersection. Not mentioned is for the more likely scenario of these two new accesses onto E. Zion Rd to flow into Copper Creek Subdivision onto Hearthstone Drive a more likely route for a subdivision of multi -family constructions. Copper Creek has struggled with existing traffic speeding in a residential area along this street. On many occasions speed alerts have been installed at the request of the POA to protect children and residents from speeding cars some of which use it as a short cut from Butterfield Trail onto HWY 265. • Also, include as a future street connection is a street in the Fayetteville Master Plan should a future additional row of lots be built to feed into a proposed street near the eastern property. As proposed pushing traffic through the Copper Creek Subdivision on Hearthstone Drive or across a one -lane bridge. 2. Devaluing of existing property in the Copper Creek Subdivision. The 35' and 50' wide lots listed for townhouses or multifamily residences adjacent to Copper Creek Subdivision will diminish the value of existing homes due to the density and traffic flow expected. 3. The homeowners in the existing flood zone: Without addressing existing limited street flow out of Zion across a one -lane bridge, the existing drainage/flooding issue from Hylton Branch (not including the proposal of 260 lots east of these homes), would that not invite a lawsuit? I do not mention such as anything other than these homes are at risk as it is. Videos and photos of frequent flooding up to and into these homes and buildings is easy to provide. To disregard the issues and further acerbate their concerns for these homeowners simply could not be accepted. Their investments in their home and property would compel them to protect their investments. Issues I would hope the Commission would address: 1. Existing drainage and flooding from Hylton Branch. 2. Denying annexation of a high density residential proposal in an area not suited to multi -family construction. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 141 of 278 Masters, Jessica From: Michele <mlang9669@gmail.com> Sent: Thursday, October 22, 2020 1:41 PM To: Masters, Jessica Subject: 3435 E Zion Rd annexation and rezoning requests 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. Ms. Masters, Our neighborhood has seen the new signs posted at this property, giving notice of annexation and rezoning requests again. As the semi-official spokesperson for a group of neighbors, I am requesting a copy of the proposed plat, description of developer's plans, or any other information you have relating to this subject. If you are able to send all this by email, that would be great. Then I can share it with the others. Thanks for your assistance. Sincerely, Michele Lang 3322 E. Zion Rd Mlang9669@gmail.com Sent from Mail for Windows 10 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 142 of 278 Masters, Jessica From: Michele Lang <mlang9669@gmail.com> Sent: Monday, October 26, 2020 1:30 PM To: Masters, Jessica Subject: Re: 3435 E Zion Rd annexation and rezoning requests 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. Jessie, two quick questions for you Will the emails/comments that were included in the first staff report be included in this second report, or are we starting over with just new emails? Are we allowed to know the name of the developer or company? We would like to see any of his previous projects, which seems only fair. Thanks, Michele Lang Sent from my iPad On Oct 22, 2020, at 3:02 PM, Masters, Jessica <jmasters@fayetteville-ar.gov> wrote: Michele, Thank you for reaching out. The developer is bringing back the same annexation request that was previously tabled, and is now requesting to rezone the property that is being annexed and a portion of adjacent land along N. Crossover to a PZD, or a Planned Zoning District. The proposal indicates some commercial zoning along the property's Crossover frontage, and residential zoning throughout the rest of the property. For a quick visual, I recommend taking a look at the Planning Projects Map to show the land in question. The project numbers are as follows: • ANX-2020-000001 • PZD-2020-000002 The plans can be viewed at this link here. This link includes both information on the annexation, and information regarding the proposed PZD zoning. The entire project is still under staff's review, and final comments on both will be available by Thursday, November 5 ahead of the November 9 Planning Commission meeting. The meeting will begin at 5:30 PM. The meeting is likely to be held virtually due to the pandemic and information about how to participate can be found at this link. The meeting specifics are typically posted around 24 hours ahead of time. If you and your fellow neighbors would like to issue comments and want to make sure they are included in staff's report, please have them to me by Wednesday, November 4 so I can make sure to include them Planning Commission 1 December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 143 of 278 all. Members of the public can issue comments to me via email, phone, (or mail!), and they can also provide comments at the meeting. (You can continue to submit comments to me after that deadline, but they will not be included in the packet). Please feel free to reach out if you have any questions. Many thanks, Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube <image001.png> From: Michele <mlang9669@gmail.com> Sent: Thursday, October 22, 2020 1:41 PM To: Masters, Jessica <jmasters @fayetteviIIe-ar.gov> Subject: 3435 E Zion Rd annexation and rezoning requests 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. Ms. Masters, Our neighborhood has seen the new signs posted at this property, giving notice of annexation and rezoning requests again. As the semi-official spokesperson for a group of neighbors, I am requesting a copy of the proposed plat, description of developer's plans, or any other information you have relating to this subject. If you are able to send all this by email, that would be great. Then I can share it with the others. Thanks for your assistance. Sincerely, Michele Lang 3322 E. Zion Rd Mlang9669@gmail.com Sent from Mail for Windows 10 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 144 of 278 I To: Fayetteville Planning Commission Re: Proposed Annexation and Rezoning 3435 E. Zion Rd Thank you for listening and considering the area residents' previous comments on annexation in August. Now that the developer has submitted plans for rezoning into a mixed use project of high density, the neighborhood is even more upset at this proposal. Our major concerns are drainage, increase in traffic, and maintaining the quality of our neighborhood. Flood control and water drainage MUST be addressed prior to any development. Those of us who live just west and north of the subject property already have to contend with flooding every time there are heavy rains. Some owners have had their homes flooded multiple times. Requests for solutions to the city and county over the years have been brushed off. The stream channel of Hilton Creek is not adequate to handle the amount of runoff currently from unimproved land. The city and county need to work together on the ongoing drainage problems before allowing more vacant land to be paved over and greatly increasing the flooding problems. The developer's plan for access to the project includes a new east -west street from Crossover. Who will pay to build this street ... the developer or the city? When would it be built? This planned street, as a continuation of Zion Rd from the west, is on the city's Master Plan. Those of us who live on the eastern section of Zion Rd would be thrilled for this street to be constructed, from Crossover to Butterfield Coach Rd, thereby reducing the amount of through traffic that we currently have. But without this new street, the only access to the project is via not one but TWO entrances from Zion Rd, per the submitted plan. This part of Zion Rd is curvy, with no shoulders, and so narrow in places that vehicles have to drive off the pavement in order Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 145 of 278 2 to pass each other. The number of vehicles using this road already strains safety limits, especially during commuting hours. Adding hundreds of additional users from this high - density development, not to mention all the construction traffic, is poor planning. Zion Rd started as a narrow country road, winding through the countryside ... it was never intended to be a thoroughfare street. Additionally, the one -lane bridge over Hilton Creek is on Zion Rd, between the proposed project entrances and Crossover. The bridge is located in a curve and has been the site of multiple accidents and almost daily near -misses . The bridge has a 5-ton load limit which is frequently ignored by heavy trucks hauling gravel, cement, bricks, etc. The bridge definitely could not safely handle an increase in traffic. The planning booklet states that a drainage report and a traffic study will be done. Who is responsible for performing and interpreting these studies? Will it be an independent and impartial party? When would the results be available to the public? The proposal's descriptions of the zoning districts and surrounding properties of the development are inaccurate or misleading. The subject site is adjacent to only R-A and RSF-4, plus unincorporated areas. Zones C-1 and P-1 are not adjacent to the subject, but are west of a four -lane highway (Crossover). Rezoning of the subject parcel from R- A to a mixed use PZD is NOT within the zoning of the adjacent properties zoning districts and densities, contrary to this statement in the planning booklet. The neighborhood is composed of single-family homes on sites ranging from 1.3 acres to 29 acres. The average parcel size is 3.73 acres. How is a high -density project similar to this? The proposal states: "This development has been proposed to relate directly to the Lakewood Subdivision to the East of the site, while staying within a similar density to the Lakewood Subdivision. Furthermore, the land use of this development fits well within the residential surroundings currently built along E. Zion Road, all while remaining similar in Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 146 of 278 K appearance to the Lakewood subdivision and the Woodbury Townhomes along E. Zion Road. The appearance of this PZD shall compare to the surrounding subdivision and developments with its similar lot size, alley fed access, smaller setbacks, and neighborhood character. " The developer is currently building Sagely Place, another housing project located on Zion Rd, but farther west in another neighborhood. Apparently the information describing Sagely Place was copied for the proposed subject project. The referenced Lakewood and Woodbury projects are NOT located in the subject neighborhood. The appearance of the proposed high -density project does NOT compare in any respect to the neighborhood surrounding the subject parcels. After reading carefully through the 20-page proposal booklet several times, my conclusion is that the developer is attempting to "check" all the boxes for urban planning in order to receive approval by city planners. Otherwise, what would be the purpose of promoting a high -density project of multi -family buildings, duplexes, and small -site homes ... all crammed into a semi -rural area on the city outskirts, where 3- acre lots are the norm? Where drainage and flooding problems already exist, and will be exacerbated by hardscape and buildings? Where the amount of traffic on a narrow road and one -lane bridge is already unsafe, and several hundred additional vehicles each day will only make the problem worse? During my 30+ years in residential real estate, with 21 years as a Certified Residential Appraiser, I inspected, viewed, or appraised thousands of properties. In my experience, high -density developments deteriorate more quickly than any other type property, no matter how "attractive" they are originally. Multi -family buildings and duplexes tend to be rental or investment properties, i.e. non -owner occupied. This lack of onsite attention and care leads to deferred maintenance issues, overall neglect, and a decline in value, which soon transfers to the surrounding area. This is not the type of development that I want to see in our neighborhood. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 147 of 278 4 To the commissioners, please carefully consider the future of this area. Currently the subject site looks like this: Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 148 of 278 We don't want this beautiful land to end up looking like this. There is no going back. Michele Lang Certified Residential Appraiser, CR #1058 (Retired) 3322 E. Zion Road Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 149 of 278 Masters, Jessica From: Mona Calvert <mjwc82@yahoo.com> Sent: Saturday, October 31, 2020 11:08 PM To: Masters, Jessica Subject: Zion road project 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 Whom It May Concern: As a resident of the city of Fayetteville who lives on East Zion Road I am extremely interested in the proposed annexation and development on farmland east on Zion. The scope of this development and the apparent focus on crowded housing lots, smaller units, and multi -story buildings, not to mention shopping centers lends this the entire endeavor an aura of greed -driven, low -quality urban sprawl. Recent documentation provided by the developers does not adequately address the two primary issues which cause great concern to me and my neighbors: flooding and traffic. As a matter of fact, the new documentation seems to be nothing but a paper blizzard to snow the city as they don't even use the correct name of the waterway that is sourced on the land in question. They refer to it as Hilton Creek. It is named Hylton Branch. Such an oversight makes one wonder if they even reviewed the water issues we brought up or looked at a map. The traffic issues are another matter altogether. The roadway of Zion to the entrance of the proposed development is not suited to construction traffic from either direction - east or west. I foresee the driveway to my house blocked from emergency vehicles, much less friends, family, and the mail carrier, when the first loaded dump truck crashes through the weak one -lane bridge on Zion. I know money talks and my neighbors and I don't have the funds to fight a foreign developer, but the city and county citizens who will be most affected by this proposed development are going to suffer in more ways than financially if this overgrown apartment and mini -mall complex is instituted. The following is a full-blown NIMBY comment: I don't want my side of town to look like Martin Luther King Blvd. as it heads west towards Farmington. While I am not opposed to development in northeast Fayetteville, it should be consistent with the beautiful neighborhoods and acreages that already exist here. Sincerely, 1 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 150 of 278 Monetha Calvert 3312 E Zion Rd Fayetteville, AR 72764 mjwc82@yahoo.com P.S. Where the heck is N. Zion Road as referenced multiple times in the planning documents? Do these greedy people not know that the neighborhood road they are trying to destroy runs east and west? Again, did anyone check the map? Who is ECT Farmland LLLP listed as one of the owners? I can find no information about them on the internet? Plus, what is an LLLP? Planning Commission 2 December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 151 of 278 Masters, Jessica From: Nick Anthony < nanthony@uark.edu > Sent: Thursday, November 5, 2020 11:47 AM To: Masters, Jessica Subject: Fw: Anthony Flooding Zion Rd Attachments: IMG_2361.JPG; IMG_2427.JPG; IMG_1824.JPG; IMG_2426.JPG; IMG_5881 jpg; IMG_ 2424.JPG; IMG_2423.JPG; IMG_5824 jpg; IMG_5792 jpg; IMG_2425.JPG; IMG_5825 jpg; IMG_5823 jpg; IMG_5491 jpg 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 Jessica, please consider this letter a complete rejection of the developers plans to build a high concentration neighborhood on the land designated to be annexed and rezoned. I appeal to the Fayetteville Planning Commission to take a serious look at this request and consider the damage that this project will do to the surrounding neighborhood as well as Lake Fayetteville. In my worst nightmares did I ever envision a development going on to the Burge farm that totally rejected the passion that he had for the land. In fact, Robert Burge rejected $4.5 million offers for this land because he just could not allow his farm to be turned into what is being proposed in this request. There are many aspects of this request that must be considered. First is the water runoff issue that I address in the letter submitted to the Planning Commission in August 2020. Based on what I see from the submitted materials this has not been addressed. Sure a few detention ponds are proposed and a green space around what is referred to as Hilton Creek. Neither of these suggestions consider what will happen to water flow from the neighborhood through my property. In fact, the proposal considers the land to be flat which is clearly not the case. In the most recent rain event (7.5 inches over 4 days), I estimated that the runoff through my pond was 200K gallons per hour. This was a minor flood event since the rain came over a 4-day period. I invite members of the Fayetteville Planning Commission members to come to my house and explore the land in question. They will see that the developers did not consider reality when submitting the proposed development. The second thing that I want the Planning Commission to consider is if there is a demand for this type of housing project in this of Fayetteville. Just south of the land that is in question is a small 29 house development that is of the same style as houses proposed in the developers plan. The concrete road running through the neighborhood is N. Rolling Meadows Drive. I visited with a resident in this neighborhood and simply asked what she liked about renting in this neighborhood. She said that it was quiet. This surprised me since the houses were so close together, so I asked why, and she said that most of the houses in the neighborhood are empty or used as short-term rentals like you would find on Airbnb listings. Right now, several of the houses are for sale. I asked her what the greatest problem was with the neighborhood and her answer was "flooding, flooding, flooding". This is a small development that butts up against the Burge land. It is flat and it is drowning in water every time it rains. Narrow concrete roads with no drainage except for a small trench dug next to one of the road is the only water relief that they have. Water was flowing on the road when I visited the neighborhood 2 days after our most recent rain event last week. The bottom line is that I have no confidence that the developer chose to do this project cares a second for those that will be impacted. I know that there are other developers interested in the land in question. One of the other developers will be more respectful to the surrounding neighbors, the lake Fayetteville -Clear Creek water shed and (important to me) the legacy of Robert Burge. I ask that you reject the request for annexation and rezoning of this land until a reasonable development plan is presented that is in line with the spirit of Fayetteville's future growth and environmental responsibility. Thank you for your time and look forward to discussing this further on November 9th. Planning Commission 1 December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 152 of 278 Best Regards, Nick Anthony From: Nick Anthony Sent: Thursday, August 20, 2020 11:05 AM To: jmasters@fayetteville-ar.gov <jmasters@fayetteville-ar.gov> Subject: Anthony Flooding Zion Rd Hi Jessica, Attached please find photos that support my concerns about flooding associated with the runoff from 3435 E. Zion Rd. I included photos attempting to show before and after scenarios for different locations in my yard. My concerns with this rezone of 3435 E. Zion Rd is consistent with most of the neighbors concerns. How will development of this property impact surrounding land owners with regard to water flow? My concerns are multifaceted. I need water flow from the land runoff to support the 3/4 acre pond on my land. Clearly, from the map included below, the flow of water from the land in question is a tributary of Hilton Creek that originates from the 3435 Zion Rd property and funnels water through my property. Without the runoff my pond will be lost and there will be significant cost to fill it in. There are several scenarios that could happen if a neighborhood is built on this land. Runoff could be diverted and ruin (dry up) my pond or I will get way too much water flow along with pollutants associated with a neighborhood (trash, oils, fertilizers and pesticides). The water flow is to Lake Fayetteville thus putting more pressure on the lake water quality. Flooding issues will have to be addressed downstream removing choke points that impact smooth movement of excessive water to Lake Fayetteville. One of these choke points include inadequate flow under Highway 265. There are other choke points associated with the lack of maintenance of the Hilton Creek easement. Approval of this annex and rezoning plan without understanding the development plan for this land is difficult to understand. In a way, approval without understanding sets a negative tone for the City of Fayetteville because it shows lack of empathy for the landowners that will remain in the county on a doughnut hole surrounded by city limits. The infrastructure for access to the land is inadequate to say the least; one lane bridge with weight limit, narrow road poor access to Highway 265. Finally, the cut-outs for the section in RI-U is really odd and creates unnecessary clutter to the map. I had plenty of fence -side chats with Mr. Robert Burge prior to his death. He loved this land and had always dreamed that his farm would continue in the family. He had plenty of opportunities to sell the land and could have lived a much easier life. Robert chose to keep the farm. I will be sad to see this change, not just because of the obvious reasons, but also because of the loss of a legacy of someone who loved to farm. He loved the land. Sincerely, Nick Anthony Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 153 of 278 ► -f 4 3 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 154 of 278 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 155 of 278 • . ".�i>:�:: � � ��'. � � �. �. � S per ... � '. lot. 9 _ _. Ziff Or ; U " w Tjl�y.. �,.. i .. _ ,. - - - - � " ram• "'-�! ';'�"; i • r• i ll 'r err'- � ,� 1,'r• f ��� x to } .+ ..* r•5 Al } -5Kt OL 4P6 Ir Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 162 of 278 fi �= •w'�c. ��'`� �'��-:'NSF .-� Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 163 of 278 ,[ w : 4 A INN i • meal Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 164 of 278 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 166 of 278 Masters, Jessica From: birdhs57 <birdhs57@yahoo.com> Sent: Tuesday, November 3, 2020 3:35 PM To: Masters, Jessica Subject: EAST ZION ROAD CHANGES 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 make sure to keep our neighborhood safe. The proposed changes do not appear to take into account the this adjacent to thus area. We are very concern that all aspects of changes are not to benefit all. Our property values are important too. Safety of runoff, narrow road with increased traffic are several factors. Respectfully Teresa Pace Willard 4668 Rockledge Drive. Fayetteville Arkansas Sent from phone Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 168 of 278 Masters, Jessica From: Sent: To: Subject: nbooth479@gmail.com Monday, October 26, 2020 4:32 PM Masters, Jessica RE: Zion Rd Annex and rezone proposal CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Jessie, It looks like this project is back on the docket again, and I have two questions that I was going to see if you could answer for me • The development plans show the main access to the property via connection with Crossover/265. I know it was discussed previously that this road was on the Cities Master street plan. In this proposal, who would be responsible for building this road? • The developer notes that there will be a drainage and traffic study submitted. Will this be available before the meeting? Thanks Jessie, Nick Booth Nbooth479@gmail.com 479-879-5520 From: Masters, Jessica <jmasters @fayetteviIle-ar.gov> Sent: Monday, August 24, 2020 9:07 AM To: nbooth479@gmail.com Subject: RE: Zion Rd Annex and rezone proposal Nick, Thank you for your comments. I did want to bring to your attention that the applicants have requested to table the associated rezoning request at this time. While Planning Commission may take public comment on the item, they will likely not discuss it since the applicant has requested that the item be tabled. So all that will be up for consideration is the annexation request. If the annexation passes, the property will be automatically zoned R-A. For instructions on how to participate in this evening's meeting, please follow this link. Below are some screen shots to help walk you through the process. Please let me know if you have any questions. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 169 of 278 Mro.-Ea.-Im- o"c .5!arrur . V -:niw, i'k &w, Ls "W.-up -F.s l Learn About Zoom Meetings: Instructions FLOW TO FIND AND )OIF1 A VIRTUAL (ZOOM) MEET SG- 1 FkwF The rneeiFng m ik pubk g [ 2 C opy e 6 Pas rtr Iho n ebn g's I.aorn nra wa par brb+ "r S C wnpk lee Am Zown mwklmg reglsTMakkm - if poo ward W speak al Ore m6win . iiduda w,hai Nam you'd Qw to speak about w inn you roglstor (not araaaW9 for all rneetmgsl SMulch far asarnallconfirrrr kmnith2a web YxjnORph" dh&indaia& 5 U w Om "ralw "or hand' feairue in Zoom to speak when pvblic c wx me or ds W kh%ao Gar &evanee nadee of elk pLlNle msedngs by eutiaeilbing w the C I ry Clerk's PuNk rA4tkMgs Cale edar $ m Veda Tho City f-� pubkhm WChwlW!L 5[Mdulod public mootingn on1hU Friday piYKws Zoom Meeting Dl rections 4 TO re.*�rar rul Ilse nit". two Gn && loom rrrtaehny lit% in ft Nhk weertiy u&wwdat 5ean9l& ehe rneAlm rOu w im to Atwret e When p+o"d. eagor the Mve*g Id rprnber ae prn+n ed it the PulesMeeting r-olwdarinWo a tPH 44U OWI narnb n SU04A MUM 4 Ah pancpw is w4 I* mutac euvwuliealy hen wining rfrt maeGng Remambe r w ulfrvruw yaw Microphone h4xe s""g To Join by ptww onky. W. free, dial, * 1 I971I 857-5257 or+1 (!=6 a754 When prprrrple¢ kop in yaur M amzng 10 nunrbur II ypra do np1 hm%v a Parlidyant Wrnbor pwss r Pgone numbers 6,sed to dial In 1a numbig w HI w rasped for prlvary To ronrrrxid m ""Ra<s- hand kIncllm wAlen comrlenkfW an llemF5 rMe d,;I a For phanerr"ahandiofiera,;pryn¢edwlrh-9 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 170 of 278 Calendar VCt• M CaWdus is t1w dohm Chaa9a & a takndrr to rl,m i sp dk ra%ndr. 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Event details Roh m oP a ous Planning Commission 17 Monday, August 24, 2020 Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.favetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube MW Date: August24,2020 Time: 5-30 PM-10-3ti PM Location: Zoom Link Information h4s-1lzoom. ustwehi narlregisterAVN_ j D15F Meeting ID# 984 9303 8966 Address: Fayetteville, AR 72701 Link: Meeting lD#98493D38966 f IF .I 4 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 172 of 278 CITY aF FAYETTEYILLE ARILANSlk6 From: nbooth479@gmail.com <nbooth479@gmail.com> Sent: Monday, August 24, 2020 8:14 AM To: Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: RE: Zion Rd Annex and rezone proposal CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Jessica, We are anxious for the meeting this evening. I wanted to make a few last minute remarks with respects to the agenda this evening in case I am not able to speak, so I hope that these can still be thrown in the discussion. • In the 2030 City Plan for Fayetteville, Goal #2 is states that "We will discourage suburban sprawl". We feel that allowing the rezoning to RI-U contradicts this goal, by allowing 3+4 family dwellings, as well as cluster house development. • The rezoning of the southern -most portion of the lot to NC contradicts the 2030 Future land use plan, which labels the entire area as "Residential Neighborhood". • We feel like this rezoning would not be consistent with the surrounding area of Copper Creek which has RSF-4 zoning. • Based on the infill scoring map available on the cities website, our area has a score of 1-3 which should indicate a low development potential. I hope that these points can make it in to the conversation tonight, as well as the many other concerns presented by our neighbors! Thanks, Nick Booth 3400 E Zion Rd Nbooth479@gmail.com From: Masters, Jessica <jmasters@fayetteville-ar.gov> Sent: Monday, August 10, 2020 2:52 PM To: nbooth479@gmail.com Subject: RE: Zion Rd Annex and rezone proposal Nick, Thank you for your input on the proposed annexation and associated rezoning. We always appreciate feedback from the public. We have saved your comment and it will be included in staff's report on the rezoning item, which will be in front of Planning Commission on August 24 at 5:30 PM. We do anticipate that the meeting will still be held virtually at that time. For information about how to participate, you can visit this link. More specific information regarding the August 24 meeting is typically posted a couple days ahead of time. As far as your questions regarding a specific development proposal, we have not yet received one. As staff evaluates the appropriateness of the request, we will look at available infrastructure and report on it for the Planning Commission and subsequently City Council to consider. Should they receive their development entitlement (meaning, the annexation and Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 173 of 278 rezoning passes), once they provide a specific development proposal, staff will evaluate what specific infrastructure improvements may need to be made on the site that meet the proposed impact. It may be helpful to look into what is available "by -right", or what the developer would have the entitlement to do by looking at the zoning ordinances specifically. In this instance, they are requesting a portion of the site to be Neighborhood Conservation, and RI-U, Residential Intermediate - Urban. They are also requesting to leave the portion of the site that is around Hilton Creek as R-A, Residential -Agricultural to minimize development impact in that floodplain. I am happy to answer any additional questions to the best of my ability — I also recommend attending the meeting through the link provided above. Many thanks, Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY aF FAYETTEVILLE ARKANSRILAN8lk6 From: nbooth479@gmail.com <nbooth479@gmail.com> Sent: Monday, August 10, 2020 1:52 PM To: Masters, Jessica <Imasters@favetteville-ar.gov> Subject: RE: Zion Rd Annex and rezone proposal CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Jessie, My name is Nick Booth and I live at 3400 E Zion, adjacent to the property that is up for re -zoning and annexation into the city. I know that there has been correspondence from most of my neighbors, so I am sure that you are aware of our concerns with our road and flooding issues. Due to the fact that the planning commission/city council meeting will be virtual and there is a chance that we will not be able to adequately voice our concerns over the project, I just wanted to indicate our apprehensions to you as well just in case that will help our cause. I was also wondering if there was any sort of development proposal from the buyers yet? I think it would help ease some worry from everyone if we had an idea as to what exactly they have planned. Thanks! Nick Booth Nbooth479@gmail.com 479-879-5520 From: Harrison, Andy <aharrison@fayetteville-ar.gov> Sent: Tuesday, August 4, 2020 3:07 PM Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 174 of 278 To: nbooth479@gmail.com Subject: Zion Rd Annex and rezone proposal Nick, Attached is the exhibit that shows how the property is broken out by zoning request. Jessie Masters is the planner on this one and she can be reached at imasters@favetteville-ar.gov Andy Harrison Development Coordinator Planning Division 125 W. Mountain City of Fayetteville, Arkansas 72701 aharrison(a�fayettevi Ile-ar.gov) T 479.575.8267 1 F 479.575.8202 Website I Facebook I Twitter I Instagram I YouTube CITY oP IMM FAYETTE ILLE ARKANSAS Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 175 of 278 Masters, Jessica From: Sent: To: Subject: Follow Up Flag: Flag Status: nbooth479@gmail.com Tuesday, October 27, 2020 4:00 PM Masters, Jessica RE: Zion Rd Annex and rezone proposal Follow up Completed 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. Hey Jessie, Thanks for the answers. As a resident living on E Zion Rd immediately across from one of the proposed entrances for this development, I would like to submit some refutations from the developers booklet. I hope these items can make it into the verbiage for review by the planning commission. My responses are in red below the developers statements. J) Relation to existing and surrounding properties: This development has been proposed to relate directly to the Lakewood Subdivision to the East of the site, while staying within a similar density to the Lakewood Subdivision. Furthermore, the land use of this development fits well within the residential surroundings currently built along E. Zion Road, all while remaining similar in appearance to the Lakewood subdivision and the Woodbury Townhomes along E. Zion Road. Lakewood subdivision is WEST of the proposed property, on the other side of the Highway 265. We should compare this lot to the ones immediately adjacent to it, not on the other side of a major highway. The homes they mention on E Zion Road are all single family homes that sit on lots of 1+ acre each. The Copper Creek subdivision is the neighborhood that sits the closest to this property just to the north, and shares a road with this property. This is an upscale neighborhood of homes in the $300-450K range on .25 acre lots that are not consistent with the proposed houses. This development does not relate to any property in its immediate surroundings. The appearance of this PZD shall compare to the surrounding subdivision and developments with its similar lot size, alley fed access, smaller setbacks, and neighborhood character. The proposed PZD will consist of Single Family, 2-4 family, and Multi -Family buildings. As proposed, this PZD does not compare to the surrounding development. There are no multifamily buildings, small setbacks, or small lot sizes anywhere adjacent to this property. Residents of the subdivision will primarily exit along the access point to Highway 265. Additional connections to E Zion Road are also available but much less likely to be used by residents. As it stands, E Zion Rd is a county road with a deteriorating single lane bridge. It cannot support any increase in traffic without significant improvements to the road. The entire proposed section that sits north of Hilton creek will likely exit to the north on E Zion, causing a significant increase in traffic on this road. This road is out of city limits, which means the city will not be making the necessary improvements to support this increase in traffic. In addition, the single lane bridge has a weight limit of 5 tons which will force emergency response as well as construction vehicles to enter from a different road. Driving on this road is dangerous. I drive a full size Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 176 of 278 truck, and I have hit mirrors with other trucks going the opposite direction because the road is so narrow. I am in near -accidents on a monthly basis navigating the one lane bridge. CITY OF FAY 2024 PLANNING GOALS Goal 1: We will make appropriate infill and revitalization our highest priorities. - 17 - The proposed development fits in with Part D of this goal, the development will promote the densest development around logical future transit stops at the central spine and highway 265. There are already a significant number of residential dwellings in this area and developing this piece with a denser development near the existing Route 30 of the Ozark transit system is in line with this goal. The planning area closest to 265 is proposed to be commercial or denser residential to revitalize and infill with more dense developments. This is not infill. The property sits on the very edge of the city limits. This is also not revitalization, the property is currently prime farm land. Goal 2: We will discourage suburban sprawl. This proposed development is in compliance with Goal 2, discouraging suburban sprawl, as it is just 1.5-miles from the middle of North Fayetteville. Additionally, the development follows objective B by developing a more compact and mixed -use development at the edge of the city, and Objective D, by allowing city influence in an unincorporated area of the city. This is the definition of suburban sprawl. 1.5 miles to "middle of north fayetteville" is not a city center, nor is it close enough to justify. This is not close to the Fayetteville city center, and the property is on the very edge of the current city limits. Goal 6: We will create opportunities for attainable housing The proposed PZD will embody Goal 6 by creating a mixture of housing opportunities through the development. Housing opportunities will range from single, two- family, and multifamily uses. Furthermore, The density of planning areas will range from 4 units per acre to 8 units per acres - 18 - while also creating opportunities for Multi -family housing that will create a mix of densities and housing availability There are tons of these types of developments going up in West Fayetteville, this style of development does not fit in with the area. This seems like a blatant attempt to cram as much as possible into this lot for maximum profit without considering the surrounding area. L) Traffic study: After meeting with a representative from the City of Fayetteville Planning department, a traffic study will be performed with development plans to find the impact on existing Zion and Crossover intersection and N. Zion rd. What would change in the development with the results of the traffic study? Shouldn't this study be done before the planning commission can vote on approval? 9) Streets and drainage: Streets shall conform to City of Fayetteville minimum street standards. Street design shall be reviewed by the Engineering department from the City of Fayetteville. Drainage and storm design will be provided on the attached site design/master plan. Drainage and storm design will be reviewed by the Engineering Department from the City of Fayetteville. The current state of Hilton creek cannot support the amount of rainwater we get without the addition of streets and rooftops. Shouldn't this drainage and storm design study be done before the development is approved to make sure the design will work? /_1►I►L*: -11%I IQ L1 I Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 177 of 278 Annexing this property will make the city/county issue for us residents on East Zion Road even worse. Emergency services don't know if we are city or county, and our road will never be improved if it stays in the county. Residents on E Zion road are in the Springdale school district. If this property gets annexed, what will be the assigned school district? Thanks for your time, Nick & Jessica Booth Nbooth479@gmail.com 479-879-5520 From: Masters, Jessica <jmasters @fayetteville-ar.gov> Sent: Tuesday, October 27, 2020 1:00 PM To: nbooth479@gmail.com Subject: RE: Zion Rd Annex and rezone proposal Nick, Thank you for the questions. It is very likely in this instance that the developer will be responsible for making any connections that are outlined in our Master Street Plan, and they would be required to build these streets to meet city standards. As far as your question about drainage and traffic, drainage and traffic studies are typically provided at the time of a proposed development. Right now, the developer is proposing what is called a Planned Zoning District, which typically provides basic guidelines for how a proposed development should look and feel, but they have not submitted any associated development plans (such as a preliminary plat, or large-scale development). Drainage and specific traffic requirements would come into play once they begin to solidify and move forward with development plans. I am happy to help clarify this — I also, as always, encourage you to attend the meeting for these items on Monday, November 9 at 5:30 PM. Here are the instructions for your reference. Please let me know if you have any additional questions. Many thanks, Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.favetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY aF FAYETTEVILLE APHANRILAFISA6 From: nbooth479@gmail.com <nbooth479@gmail.com> Sent: Monday, October 26, 2020 4:32 PM To: Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: RE: Zion Rd Annex and rezone proposal 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. Planning Commission 3 December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 178 of 278 Hello Jessie, It looks like this project is back on the docket again, and I have two questions that I was going to see if you could answer for me • The development plans show the main access to the property via connection with Crossover/265. I know it was discussed previously that this road was on the Cities Master street plan. In this proposal, who would be responsible for building this road? • The developer notes that there will be a drainage and traffic study submitted. Will this be available before the meeting? Thanks Jessie, Nick Booth Nbooth479@gmail.com 479-879-5520 From: Masters, Jessica <jmasters@fayetteville-ar.gov> Sent: Monday, August 24, 2020 9:07 AM To: nbooth479@gmail.com Subject: RE: Zion Rd Annex and rezone proposal Nick, Thank you for your comments. I did want to bring to your attention that the applicants have requested to table the associated rezoning request at this time. While Planning Commission may take public comment on the item, they will likely not discuss it since the applicant has requested that the item be tabled. So all that will be up for consideration is the annexation request. If the annexation passes, the property will be automatically zoned R-A. For instructions on how to participate in this evening's meeting, please follow this link. Below are some screen shots to help walk you through the process. Please let me know if you have any questions. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 179 of 278 Mro.-Ea.-Im- o"c .5!arrur . V -:niw, i'k &w, Ls "W.-up -F.s l Learn About Zoom Meetings: Instructions FLOW TO FIND AND )OIF1 A VIRTUAL (ZOOM) MEET SG- 1 FkwF The rneeiFng m ik pubk g [ 2 C opy e 6 Pas rtr Iho n ebn g's I.aorn nra wa par brb+ "r S C wnpk lee Am Zown mwklmg reglsTMakkm - if poo ward W speak al Ore m6win . iiduda w,hai Nam you'd Qw to speak about w inn you roglstor (not araaaW9 for all rneetmgsl SMulch far asarnallconfirrrr kmnith2a web YxjnORph" dh&indaia& 5 U w Om "ralw "or hand' feairue in Zoom to speak when pvblic c wx me or ds W kh%ao Gar &evanee nadee of elk pLlNle msedngs by eutiaeilbing w the C I ry Clerk's PuNk rA4tkMgs Cale edar $ m Veda Tho City f-� pubkhm WChwlW!L 5[Mdulod public mootingn on1hU Friday piYKws Zoom Meeting Dl rections 4 TO re.*�rar rul Ilse nit". two Gn && loom rrrtaehny lit% in ft Nhk weertiy u&wwdat 5ean9l& ehe rneAlm rOu w im to Atwret e When p+o"d. eagor the Mve*g Id rprnber ae prn+n ed it the PulesMeeting r-olwdarinWo a tPH 44U OWI narnb n SU04A MUM 4 Ah pancpw is w4 I* mutac BuvwWli[akf when wining rfrt maeGng Remambe r w ulfrvruw yaw Microphone h4xe s""g To Join by ptww onky. W. free, dial, * 1 I971I 857-5257 or+1 (!=6 a754 When prprrrple¢ kop in yaur M amzng 10 nunrbur II ypra do np1 hm%v a Parlidyant Wrnbor pwss r Pgone numbers 6,sed to dial In 1a numbig w HI w rasped for prlvary To ronrrrxid m ""Ra<s- hand kIncllm wAlen comrlenkfW an llemF5 rMe d,;I a For phanerr"ahandiofiera,;pryn¢edwlrh-9 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 180 of 278 Calendar VCt• M CaWdus is t1w dohm Chaa9a & a takndrr to rl,m i sp dk ra%ndr. 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Event details Roh m oP a ous Planning Commission 17 Monday, August 24, 2020 Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.favetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube MW Date: August24,2020 Time: 5-30 PM-10-3ti PM Location: Zoom Link Information h4s-1lzoom. ustwehi narlregisterAVN_ j D15F Meeting ID# 984 9303 8966 Address: Fayetteville, AR 72701 Link: Meeting lD#98493D38966 f IF .I Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 182 of 278 CITY aF FAYETTEYILLE ARILANSlk6 From: nbooth479@gmail.com <nbooth479@gmail.com> Sent: Monday, August 24, 2020 8:14 AM To: Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: RE: Zion Rd Annex and rezone proposal CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Jessica, We are anxious for the meeting this evening. I wanted to make a few last minute remarks with respects to the agenda this evening in case I am not able to speak, so I hope that these can still be thrown in the discussion. • In the 2030 City Plan for Fayetteville, Goal #2 is states that "We will discourage suburban sprawl". We feel that allowing the rezoning to RI-U contradicts this goal, by allowing 3+4 family dwellings, as well as cluster house development. • The rezoning of the southern -most portion of the lot to NC contradicts the 2030 Future land use plan, which labels the entire area as "Residential Neighborhood". • We feel like this rezoning would not be consistent with the surrounding area of Copper Creek which has RSF-4 zoning. • Based on the infill scoring map available on the cities website, our area has a score of 1-3 which should indicate a low development potential. I hope that these points can make it in to the conversation tonight, as well as the many other concerns presented by our neighbors! Thanks, Nick Booth 3400 E Zion Rd Nbooth479@gmail.com From: Masters, Jessica <jmasters@fayetteville-ar.gov> Sent: Monday, August 10, 2020 2:52 PM To: nbooth479@gmail.com Subject: RE: Zion Rd Annex and rezone proposal Nick, Thank you for your input on the proposed annexation and associated rezoning. We always appreciate feedback from the public. We have saved your comment and it will be included in staff's report on the rezoning item, which will be in front of Planning Commission on August 24 at 5:30 PM. We do anticipate that the meeting will still be held virtually at that time. For information about how to participate, you can visit this link. More specific information regarding the August 24 meeting is typically posted a couple days ahead of time. As far as your questions regarding a specific development proposal, we have not yet received one. As staff evaluates the appropriateness of the request, we will look at available infrastructure and report on it for the Planning Commission and subsequently City Council to consider. Should they receive their development entitlement (meaning, the annexation and Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 183 of 278 rezoning passes), once they provide a specific development proposal, staff will evaluate what specific infrastructure improvements may need to be made on the site that meet the proposed impact. It may be helpful to look into what is available "by -right", or what the developer would have the entitlement to do by looking at the zoning ordinances specifically. In this instance, they are requesting a portion of the site to be Neighborhood Conservation, and RI-U, Residential Intermediate - Urban. They are also requesting to leave the portion of the site that is around Hilton Creek as R-A, Residential -Agricultural to minimize development impact in that floodplain. I am happy to answer any additional questions to the best of my ability — I also recommend attending the meeting through the link provided above. Many thanks, Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY aF FAYETTEVILLE ARKANSRILAN8lk6 From: nbooth479@gmail.com <nbooth479@gmail.com> Sent: Monday, August 10, 2020 1:52 PM To: Masters, Jessica <Imasters@favetteville-ar.gov> Subject: RE: Zion Rd Annex and rezone proposal CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Jessie, My name is Nick Booth and I live at 3400 E Zion, adjacent to the property that is up for re -zoning and annexation into the city. I know that there has been correspondence from most of my neighbors, so I am sure that you are aware of our concerns with our road and flooding issues. Due to the fact that the planning commission/city council meeting will be virtual and there is a chance that we will not be able to adequately voice our concerns over the project, I just wanted to indicate our apprehensions to you as well just in case that will help our cause. I was also wondering if there was any sort of development proposal from the buyers yet? I think it would help ease some worry from everyone if we had an idea as to what exactly they have planned. Thanks! Nick Booth Nbooth479@gmail.com 479-879-5520 From: Harrison, Andy <aharrison@fayetteville-ar.gov> Sent: Tuesday, August 4, 2020 3:07 PM Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 184 of 278 To: nbooth479@gmail.com Subject: Zion Rd Annex and rezone proposal Nick, Attached is the exhibit that shows how the property is broken out by zoning request. Jessie Masters is the planner on this one and she can be reached at imasters@favetteville-ar.gov Andy Harrison Development Coordinator Planning Division 125 W. Mountain City of Fayetteville, Arkansas 72701 aharrison(a�fayettevi Ile-ar.gov) T 479.575.8267 1 F 479.575.8202 Website I Facebook I Twitter I Instagram I YouTube CITY oP IMM FAYETTE ILLE ARKANSAS 10 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 185 of 278 Page 1 To: Fayetteville Planning Commission Re: Proposed Annexation and Rezoning 3435 East Zion Rd. HILTON CREEK STORM WATER RUNOFF This report consists of observations as well as numerical calculations to provide information as to the current state of storm water runoff in the area downstream of the proposed Chandler Crossing development. Typically, the design of a storm water drainage system will be most successful with the use of field data that support the design parameters. My objective is to collect as much information as is available in the time available to compare field data with a numerical model of limited size, but of similar density to the proposal. Stream flow data was collected at a point on Hilton Creek about 180 feet west of the Burge farm's western boundary. Soils in the area are from weathered upper Fayetteville Shale and sandstone from the Wedington member of the Fayetteville Shale. The resulting soils have low permeability and porosity. This reduces the rate of water infiltration into the subsurface, increasing the runoff potential. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 186 of 278 Page 2 Photo 1: GAUGING SITE, Hilton Creek, Oct. 26,2020 Average depth is about 6 inches. Recent rainfall has provided the opportunity to check the stream depth and flow after a rainfall event. The total for the preceding 24 hours was 2.75 inches (on site rain gauge at 3322 E Zion). The stream channel is completely covered to an average depth of about 6 inches across the test area. The stream velocity was measured using the Velocity Head Rod method to get a value of 1.63 feet per second. Since the velocity is highest at the surface, the 1.63 will be reduced to 1.0 feet per second to account for change in velocity with depth. With the average depth of 6 inches and width of 10 feet, the cross sectional area is 5 square feet. The cross section will be reduced by 30% vertically and 20% horizontally to Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 187 of 278 Page 3 further refine the model. The resulting flow is about 2.8 cubic feet per second, or 20 gallons per second. The hourly total is estimated to be around 72,000 gallons. The main purpose of this exercise is to provide a visual reference for a numerical calculation of stream volume. Photo 1 shows how the stream looks with about 2.8 cubic feet per second of water volume. This is about half of the flow predicted by the model using the Rational Formula Method. Rational Formula Method * The formula is: Q= ( C ) ( i ) ( A ) Where Q - is peak runoff in cubic feet per second (cfs). C - is a dimensionless unit for runoff coefficient. Usually stated as .1 to .9; lower means less runoff, higher means greater runoff. i- is average rainfall intensity in inches per hour (in/hr). A - is watershed in acres. • For purposes of the model, the drainage basin is limited to 50 acres. • The runoff coefficient is set at .3 representing the 2-7% sloped terrain consisting of pasture, grass, and/or farmland, all with clay soil. • Rainfall intensity is set at % inch per hour The result of applying these parameters to the formula is a Q of 5 cubic feet of water per second, or 37 gallons per second. If a peak runoff for one hour is assumed, the volume from the 50 acres is approximately 6,660,000 gallons of water. Visualize a line of about 1,300 tanker trucks carrying 5000 gallons each to give an idea of the volume of water involved. The additional runoff generated by the proposed development is calculated using this same formula. • The drainage basin is limited to 50 acres. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 188 of 278 Page 4 • The runoff coefficient is set at .6 representing the 2-7% sloped terrain consisting of single family homes on small lots, with clay soil. • Rainfall intensity is set at % inch per hour The resulting Q value is 15. Multiply this by .8 to account for the green space and undeveloped areas, resulting in a Q of 12 cubic feet per second or 89 gallons per second. The new totals are 16,000,000 gallons of water or about 3000 tanker trucks per hour. The main point of this part of the exercise is to show that changing from pasture land to single family homes on small lots may cause the runoff to increase by 60% or more. The higher den "it parts of the development will experience even more runoff. Photo 2: Oct. 28, 2020 Average depth is about 12 inches. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 189 of 278 Page 5 STORY POLE Photo 3 Story pole, figure for scale. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 190 of 278 Page 6 The story pole was constructed and installed at the gauging site on Hilton Creek to show the following: • The relative depths of several rainfall events. • The maximum depth of contained stream flow (24 inches) at the gauging site. • The depths of two events where the flow was above the stream channel. There is some distortion from the camera angle, but overall this is an accurate depiction of the relative differences between the stream depths. The horizontal marker appears to be at a slope, but it was set with a builders' level to within 1/16 inch of true horizontal. It is important to remember that the levels at the gauging station represent the water depth from upstream sources. This means that the flow comes primarily from the Burge farm and the Copper Creek detention pond on East Zion Road. Other sources of runoff will contribute to the total flow further downstream. •:11ISOrib] C• :e'. A hydrograph is simply the visual representation of the flow of water at a single point over time. A graph of the most recent rainfall event would appear as an inverted "V". The line would angle upward to a maximum point, then decline back down to a minimum. The recent rainfall event would look something like Figure 1. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 191 of 278 Page 7 STORM HYDROGRAPH 25 I I Rainfall 20 I I I I 15 I I I I I I I I I I L v i? 28 29 Figure 1 The vertical axis represents inches of elevation from the bottom of the stream channel. The horizontal axis is marked with the dates from beginning of rainfall until stream depth returns to baseline. The space between the two dashed lines represent the duration of the rainfall event. The hydrograph shows a maximum water level of about 18 inches. This is just 6 inches below the level where the stream is above the channel, or the at beginning of flood stage. This illustrates how close this event came to flooding, even though the rainfall intensity was low to moderate over a period of about 3 1/2 days with a total of 6.5 inches of rainfall spread over that time period. So, how much water is 6.5 inches? Converting to gallons from acre feet, that is about 176,500 gallons of water per acre. Over an area of 50 acres this would be about 8,825,000 gallons... And the runoff has only one outlet - Hilton Creek. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 192 of 278 Page 8 The land south and east of the boundry formed by Zion Rd. is in effect a crude detention pond. The bridge over Hilton Creek on Zion Rd. is the discharge point for the "pond". When the flow rate exceeds the capacity under the bridge, water builds up and will flow over and around the bridge. This water short circuits the creek and flows over Zion Rd. and across our yard at 3322 East Zion Rd. as shown in the following photos: Photo 4 Overflow from Hilton Creek across front of 3322 East Zion Rd. May,2020 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 193 of 278 Page 9 Photo 5 Water over Zion Rd. just east of the bridge flowing into the front yard of 3322 East Zion Rd. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 194 of 278 Page 10 {, Ri .F +Y- R Photo 6 May, 2020 Following the water around the house, the stream runs more westerly. The overflow stream rejoins Hilton Creek on the west side of the neighboring property at a point not visible in Photo 5. A rough estimate of the flow, based on observed flow velocity and the estimated cross section of the channel, would be around 4 to 5 cubic feet per second at the maximum. This is a significant volume of water passing through the yard. Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 195 of 278 Page 11 CONCLUSIONS • This information should be viewed as observational regarding the existing system and does not address the question of dealing with flood events that could result from the development of Chandler Crossing as it is being proposed. • The existing storm water runoff system has been demonstrated to work only with low intensity rainfall events and has failed to control flooding at least once per year in the last three years. • The proposed development may increase the runoff by up to 60%. The actual runoff is directly dependent on the area covered by streets and housing. High density = High runoff. • The importance of comprehensive field data for the design phase can not be overstated: If the projected runoff is overestimated, the detention ponds will prevent flooding, even with an atypical, extreme rainfall event. However, if the projected runoff is underestimated , flooding will continue to be a problem. Roy L. Lang Registered Professional Geologist License #1426 (Retired) 3322 E Zion Rd * Applied Hydrogeology by C.W. Fetter, Jr., pgs 44-47 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 196 of 278 Masters, Jessica From: Sandra Soderquist <sandysoderquist@yahoo.com> Sent: Wednesday, October 28, 2020 2:27 PM To: Masters, Jessica Subject: Rezoning property on Zion Rd Follow Up Flag: Follow up Flag Status: Completed 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 Whom it may concern, Tell me this isn't happening. My husband And I moved to, and were married in, our home at 4676 Copper Creek Dr 15 years ago. We retired from our hectic lives in Santa Fe and chose our home here because of it's tranquil location next to a park, open fields, lack of traffic, lack of noise, etc. We wanted peace and quiet in our golden years. And now we are faced with losing all of that because of the possible rezoning of the property across the street from us. PLEASE consider the safety of all the children walking, riding bikes, skate boarding to and from the playground and park here! If this rezoning happens, it will ruin every reason why we chose our home. My husband now suffers from dementia and needs peace and quiet in his remaining years. Please don't take that away from him. Regards. Sandra Soderquist & Robert Guadagni 4676 Copper Creek Dr. Fayetteville, Ar 72764 479-287-6557 1 Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 197 of 278 Masters, Jessica From: Scott Hancock <SHancock@my100bank.com> Sent: Wednesday, November 4, 2020 9:48 PM To: Masters, Jessica Cc: Curth, Jonathan Subject: RE: [EXTERNAL SENDER] RE: Zion Road Rezoning/Annexation 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. Jessie & Jonathan: I see that the tabled annexation as well as a PZD is proposed for approval on 11/9 for the Burge property on Zion Road. I would like to ask some follow-up questions that I do not think were directly answered during the previous meeting. 1) Property to be annexed. Jessie, you acknowledged the shape and proposal was "abnormal" and would probably be a topic of discussion. Can you explain how you recommend the request as proposed with the two "dog ears" intentionally omitted from the annexation? 2) Zion access. There was considerable discussion about flooding along the property, but the discussion along the bridge and public safety vehicles was left a bit unresolved. The bridge is 5 ton limit. What is the weight of all the fire trucks at the closest station that should service the proposed land? 3) Bridge — has anyone from the county or city inspected it and provided a cost estimate to rebuild it to current safety standards with sufficient capacity? 4) Traffic — has a traffic study been received or required? With the numerous issues discussed regarding Zion Road and no definitive timeline for the expansion to Crossover, one has to assume the controlled signal at Hearthstone and Crossover will lead a considerable amount of increased traffic N/S along Copper Creek and E/W on Hearthstone. Based on density of the proposed PZD, vehicular traffic could virtually double along Hearthstone and Copper Creek. a. I noticed the police reported no issues previously. Have there been any requested reports for traffic accidents at Zion & Crossover? b. David Lashley Park is a walk-up park with no on -site parking, so any cars must park on the street, thus narrowing the corridor for passing traffic. i. Have any options for access to Joyce been explored? I am confident the engineers and developers will complete a nice product; however, the safety and traffic patterns to the site shall be burdened by the county or city. Without definitive answers on the requirements for Zion Road, the one -lane bridge, and a traffic study for the existing Copper Creek subdivision, how do you recommend the zoning as presented? Thank you for your time. Scott Hancock 4661 Copper Creek Drive From: Masters, Jessica <jmasters @fayetteviIle-ar.gov> Sent: Monday, August 24, 2020 3:05 PM To: Scott Hancock <SHancock@my100bank.com> Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 198 of 278 Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov> Subject: RE: [EXTERNAL SENDER] RE: Zion Road Rezoning/Annexation Scott, Thank you for the follow-up. Staff acknowledges that the proposed boundary is abnormal, and it will likely be a topic of discussion for tonight's meeting. For more information, please feel free to read the staff report in full, which is published here. If you wish to attend tonight's meeting, please find the appropriate information at this link. I recommend registering ahead of time, and those instructions are also available at the same link. Many thanks, Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY aF FAYETTEVILLE ARKANSRILAN8lk6 From: Scott Hancock <SHancock@my100bank.com> Sent: Monday, August 24, 2020 10:30 AM To: Masters, Jessica <jmasters@fayetteville-ar.gov> Cc: Curth, Jonathan <icurth@fayetteville-ar.gov> Subject: RE: [EXTERNAL SENDER] RE: Zion Road Rezoning/Annexation 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. Thanks again to both of you for your information and your reply. One question that I do not see an email response for is the structure of the annexation. If my information is correct, the annexation creates an island with existing and remaining property surrounding the subject property remaining in the county. Did you review the request for annexation in light of the two "outlying corners" as well as the border of the county road and adjacent properties on all sides still in the county? Isn't an island created? I appreciate your efforts. Scott From: Masters, Jessica <4masters @fayetteville-ar.gov> Sent: Friday, August 21, 2020 4:44 PM To: Scott Hancock <SHancock@my100bank.com> Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov> Subject: RE: [EXTERNAL SENDER] RE: Zion Road Rezoning/Annexation Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 199 of 278 Scott, My apologies if I missed a response to you on this item. I do know that I received your initial comments and they are included in staff's report on the item. That said, to answer your questions, any specific infrastructure improvements that would need to be made would be reviewed at the time of a specific development proposal. Staff certainly recognizes that the site currently is underdeveloped for an influx of new housing, and has mentioned current conditions in the report. I should also let you know that the associated rezoning request for this site has been tabled by the applicant at this time, so all that will be under consideration for Monday's Planning Commission meeting will be the annexation itself. Should the annexation pass, the land will be automatically zoned R-A, Residential -Agricultural. The item will be heard at the August 24 Planning Commission meeting, which will begin at 5:30 PM. This will be a virtual meeting due to the ongoing health crisis. If you would like to participate in the meeting you can do so at this link. The agenda for the meeting can be found here. Again, apologies for missing your follow-up email. Please let me know if you have any additional questions. Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY aF FAYETTEYILLE ARILAN8lk6 From: Scott Hancock <SHancock@my100bank.com> Sent: Friday, August 21, 2020 4:12 PM To: Masters, Jessica <jmasters@fayetteville-ar.>;ov> Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov> Subject: RE: [EXTERNAL SENDER] RE: Zion Road Rezoning/Annexation 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. Jessie & Jonathan, I wanted to follow-up on the question below regarding the partial rezoning. I do not see that I received a response. Can you please provide some insight? Thank you! Scott From: Scott Hancock Sent: Wednesday, August 5, 2020 4:09 PM To: 'Masters, Jessica' <jmasters@fayetteville-ar.ov> Cc: Curth, Jonathan <icurth@fayetteville-ar.gov> Subject: RE: [EXTERNAL SENDER] RE: Zion Road Rezoning/Annexation Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 200 of 278 Thank you both for your prompt response. I am sure you have and will continue to receive comments from surrounding neighbors. I am curious as to how the traffic flow will be handled for 200+ residences on the exiting Zion Road, which I think is a county road. Also, is it customary for only a portion of the contiguous property to be considered for annexation and rezoning in a situation like this? From: Masters, Jessica < *masters @fayetteville-ar.gov> Sent: Wednesday, August 5, 2020 12:04 PM To: Scott Hancock <SHancock@mv100bank.com> Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov> Subject: [EXTERNAL SENDER] RE: Zion Road Rezoning/Annexation Scott, Yes, I am happy to answer any additional questions you might have. It did come to my attention this morning that there was a typo on the initial public hearing sign that was posted. It has been corrected by city staff and a new sign was posted to accurately reflect the request. As Jonathan has indicated, the request is for RI-U and NC. (Photos attached for reference). Please let me know if you have any questions. Jessie Jessie Masters Senior Planner City of Fayetteville, Arkansas (479) 575-8239 www.favetteville-ar.gov Website I Facebook I Twitter I Instaeram I YouTube CITY aF FAYETTEVILLE APHANRILAMSA6 From: Curth, Jonathan <jcurth@fayetteville-ar.gov> Sent: Wednesday, August 5, 2020 11:56 AM To: shancock@my100bank.com Cc: Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: Zion Road Rezoning/Annexation Scott, Following -up on our phone conversation, I have attached the request letter, owner authorization, annexation exhibit, and rezoning exhibit for the proposed annexation an rezoning on Zion Road. The two zoning districts can be found here (RI-U) and here (NC) on our online ordinances for some added detail on the allowed uses. Otherwise, I have also copied Jessie Masters, the planner working on the item. I am happy to continue helping where I can, but if questions reach a certain level of detail I may have to defer to her. Thanks, Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 201 of 278 Jonathan Curth, AICP Development Review Manager City Planning Division City of Fayetteville, Arkansas icurth@fayetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube Planning Commission December 14, 2020 Agenda Item 7 ANX 20-000001 Burge Page 202 of 278