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Home My WebLink About2021-05-04 - Agendas - ArchiveCouncil Member Sonia Gutierrez Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting May 4, 2021 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on May 4, 2021 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions Agenda Additions: None A. Consent: 1. Approval of the April 20, 2021 City Council meeting minutes. APPROVED 2. 2021-0235 Community Resources Donations: A resolution to approve a budget adjustment for the Community Resources Division in the total amount of $11,509.00 representing donations from citizens and local businesses. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 122-21 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 3. 2021-0251 Watershed Conservation Resource Center Task Order No. 08: A resolution to approve Task Order No. 8 with the Watershed Conservation Resource Center in the amount of $73,000.00 for continued native vegetation establishment efforts and minor adjustments within completed restoration project areas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 123-21 4. 2021-0294 Bid # 21-31 Lewis Ford: A resolution to award Bid # 21-31 and approve the purchase of two trucks from Lewis Ford of Fayetteville in the total amount of $151,680.00, for use by the Animal Services Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 124-21 5. 2021-0295 MHC Kenworth: A resolution to authorize the purchase of a Kenworth Dump Truck from MHC Kenworth of Springdale, Arkansas for the amount of $167,000.00, pursuant to a Sourcewell Cooperative Purchasing contract, for use by the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 125-21 6. 2021-0296 Bid # 21-32 Summit Truck Group: A resolution to award Bid #21-32 and approve the purchase of one International Truck with Kann Recycling Body from Summit Truck Group of Little Rock in the amount of $191,000.00, for use by the Recycling and Trash Collection Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 126-21 7. 2021-0297 Springdale Tractor: A resolution to authorize the purchase of a Kubota Tractor and a Track Loader with Forestry Mulcher from Springdale Tractor for the total amount of $132,995.77 plus any applicable tax and freight charges, pursuant to a Sourcewell Cooperative Purchasing contract, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 127-21 8. 2021-0300 Federal Aviation Administration (FAA): A resolution to authorize the acceptance of a Coronavirus Response and Relief Supplement Appropriation Act Grant from the Federal Aviation Administration in the total amount of $57,162.00 to provide pandemic -related crisis relief to Drake Field Airport, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 128-21 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 9. 2021-0286 Arkansas Historic Preservation Program: A resolution to authorize a grant agreement with the Arkansas Historic Preservation Program for acceptance of a Certified Local Government Grant in the amount of $65,000.00 to complete a community wide preservation plan and a cultural resource survey of the University Heights and Haskell Heights neighborhoods, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 129-21 10. 2021-0284 J.R. Stewart Pump & Equipment, Inc.: A resolution to accept a quote in the amount of $32,942.89 plus applicable taxes and freight charges from J.R. Stewart Pump & Equipment, Inc. for the repair of a pump at the Gregg Avenue Lift Station. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 130-21 11. 2021-0293 University of Arkansas Memorandum of Agreement: A resolution to authorize the Mayor to sign a Memorandum of Agreement with the Board of Trustees of the University of Arkansas on behalf of the Division of Agriculture for water quality studies for the amount of $37,631.00, and to approve a project contingency in the amount of $3,763.10. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 131-21 12. 2021-0282 McClelland Consulting Engineers, Inc. - 2019 Fire Facilities Bond Project: A resolution to approve two contracts with McClelland Consulting Engineers, Inc. in the total amount of $43,481.00 for materials testing services associated with the construction of Fire Stations 8 and 9, to approve a project contingency in the amount of $6,000.00, and to approve a budget adjustment - 2019 Fire Facilities Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 132-21 13. 2021-0279 McClelland Consulting Engineers, Inc. - 2019 Police Headquarters Bond Project: A resolution to approve a Professional Engineering Services Agreement with McClelland Consulting Engineers, Inc. in the amount of $29,515.00 for materials testing services associated with the new Police Headquarters Facility, to approve a project contingency in the amount of $6,000.00 and to approve a budget adjustment - 2019 Police Headquarters Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 133-21 B. Unfinished Business: 1. 2021-0276 RPZD-2021-003: (2390 S. Dead Horse Mtn. Rd./Meadows at Stonebridge SD): An ordinance to approve a Residential Planned Zoning District entitled R-PZD 21-003 for approximately 51.33 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov acres located at 2390 South Dead Horse Mountain Road to allow the development of 168 residential lots and 1 mixed use lot. At the April 20, 2021 City Council meeting this item was left on the First Reading. THIS ITEM WAS LEFT ON A SECOND READING C. New Business: 1. 2021-0330 Reaffirming Fayetteville's Welcoming of All Persons: A resolution to affirm the City of Fayetteville's commitment to diversity, inclusion, and protection of our transgender citizens, residents, and visitors. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 134-21 2. 2021-0302 Peace at Home Family Shelter, Inc.: A resolution to provide public notice that the City Council is considering the sale to the nonprofit Peace at Home Family Shelter, Inc. of about four acres of land which adjoins its current shelter. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 135-21 3. 2021-0298 SRD Builders, LLC: An ordinance to waive formal competitive bidding and approve a cost share agreement with SRD Builders, LLC for the extension of a 4-inch water line on West Lawson Street with a refund in an amount not to exceed $20,484.88.00 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $2,048.00. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6429 4. 2021-0303 RZN-2020-032 (4023 W. Wedington Dr./RPA, LLC.): An ordinance to rezone that property described in rezoning petition RZN 21-032 located at 4023 West Wedington Drive for approximately 1.97 acres from C-1, Neighborhood Commercial to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6430 5. 2021-0301 RZN 2021-035: (S.E. of Morningside Dr. & Huntsville Rd./Park Meadows, Ph. V): An ordinance to rezone that property described in rezoning petition RZN 21-035 located southeast of Morningside Drive and Huntsville Road for approximately 0.66 acres from NC, Neighborhood Conservation to CS, Community Services. THIS ITEM WAS LEFT ON A FIRST READING 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 6. 2021-0304 RZN 2021-036: (216 & 224 N. Fletcher Ave. and 227 N. Summit Ave./Admiral East, LLC.): An ordinance to rezone that property described in rezoning petition RZN 21-036 located at 216 and 224 North Fletcher Avenue and 227 North Summit Avenue for approximately 0.58 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-18, Residential Single Family, 18 units per acre. THIS ITEM WAS LEFT ON A FIRST READING Announcements: City Council Agenda Session Presentations: Adiournment: 8:09 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting: May 4, 2021 Adjourn:,,, 1122-20 Res. 11 f i ! 6429 Ord. Subject: Roll Turk (W4P1) Hertzberg (W4P2) Gutierrez / (Wipi) J Jones (W1P2) Kinion (W2P1) Petty / (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan / J Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W1P2) Kinion (W2P1) Petty (W2P2) Petty (W2P2) Bunch (W3P2) Mayor Jordan City Council Meeting: May 4, 2021 Subject: Consent Motion To: rr 1` Motion By: \ i ar 0 �l Seconded: `� r Turk A. 1 -A. 13 W4P1 Hertzberg (W4P2) a laa` Gutierrez (W1P1) Jones f (W1P2) Kinion (W2P1) A,'71a`1�d� Petty C6 1 a (W2P2) Scroggin Bunch (W3P2) ` I I a� Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: May 4, 2021 Subject: RPZD-2021-003: (2390 S. DEAD HORSE MTN. RD.IMEADOWS AT STONEBRIDGE SD): 2021-0276 Motion To: i' !^` k d flew F.A k r Motion By: Seconded:] �7 Turk Unfinished (W4P1) Hertzberg Business (W4P2) B.1 Gutierrez (W1P1) Jones (W1P2) J ✓ Kinion (W2P1) V V Petty (W2P2) Scroggin (W3P1) / ✓ J Bunch / (W3P2) Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W1P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: May 4, 2021 REAFFIRMING FAYETTEVILLE'S WELCOMING OF ALL PERSONS: 2021- Subject: 0330 Motion To: r Motion By: f Seconded: Turk % New (W4P1) Hertzberg Business (W4P2) Gutierrez CA (W1P1) Jones / (W 1 P2) J Kinion 11 -a (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan �f Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: May 4, 2021 Subject: PEACE AT HOME FAMILY SHELTER, INC.: 2021-0302 Motion To: n U Motion By: Seconded: J J Turk % New (W4P1) J Hertzberg Business (W4P2) Gutierrez C.2 (W1P1) Jones (W 1 P2) Kinion W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: May 4, 2021 Subject: SRD BUILDERS, L�ILC: 2021-0298 Motion To: Motion By: 1 Seconded: New � G) Turk (W4P1) Business Hertzberg (W4P2) J J C.3 Gutierrez (W1P1) Jones (W 1 P2) / / WP) W P (2I ✓ Petty (W2P2) / Scroggin (W3P1) / Bunch (W3P2) Mayor Jordans�-- ,�6 0 -6-0 Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W1P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: May 4, 2021 Subject: RZN-2020-032 (4023 W. WEDINGTON DR./RPA, LLC.): 2021-0303 Motion To: i 1 Motion By: Seconded: Turk New (W4Pl) Hertzberg J Business (W4P2) Gutierrez / CA (W1P1) J Jones / J (W1P2) (2I WP) �WP Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan ------ �--� Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: May 4, 2021 Subject: RZN 2021-035: (S.E. OF MORNINGSIDE DR. & HUNTSVILLE RD./PARK MEADOWS, PH. V): 2021-0301 Motion To: Motion By: Seconded: \ Turk New (W4P1) Hertzberg Business (W4P2) Gutierrez C.5 (WIP1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Gutierrez (WIP1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: May 4, 2021 RZN 2021-036: (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT Subject: AVEJADMIRAL EAST, LLC.): 2021-0304 Motion To: Motion By: Seconded: Turk New (W4P1) Hertzberg Business (W4P2) Gutierrez C.6 (W1P1) Jones (W1P2) Kinion �4? 4�- (W2P1) Petty (W2P2) 4 Scroggin (W3P1) Bunch (W3P2) Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W1P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, April 27, 2021 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward l Council Member D'Andre Jones Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda April 27, 2021 Zoom Information: Public Registration Link: https://zoom.us/webinar/register/WN_NZduaxGMQ3- -gJHtKaOvYw Webinar ID: 965 2901 5566 /Call To Order /Roll Call Pledge of Allegiance /Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: r ' 1. 2020-0975 MONTHLY FINANCIAL REPORT A. Consent: :k.1 2020-0875 APPROVAL OF THE APRIL 20, 2021 CITY COUNCIL MEETING MINUTES /A-2 2021-0235 COMMUNITY RESOURCES DONATIONS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR THE COMMUNITY RESOURCES DIVISION IN THE TOTAL AMOUNT OF $11,509.00 REPRESENTING DONATIONS FROM CITIZENS AND LOCAL BUSINESSES City of Fayetteville, Arkansas Page 2 Printed on 412712021 Council Agenda Session Tentative Agenda April 27, 2021 A.3 2021-0251 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 08: A RESOLUTION TO APPROVE TASK ORDER NO. 8 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $73,000.00 FOR CONTINUED NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS WITHIN COMPLETED RESTORATION PROJECT AREAS /A.4 2021-0294 BID # 21-31 LEWIS FORD: A RESOLUTION TO AWARD BID # 21-31 AND APPROVE THE PURCHASE OF TWO TRUCKS FROM LEWIS FORD OF FAYETTEVILLE IN THE TOTAL AMOUNT OF $151,680.00, FOR USE BY THE ANIMAL SERVICES DIVISION /A. 5 2021-0295 MHC KENWORTH: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KENWORTH DUMP TRUCK FROM MHC KENWORTH OF SPRINGDALE, ARKANSAS FOR THE AMOUNT OF $167,000.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE TRANSPORTATION DIVISION �A. 6 2021-0296 BID # 21-32 SUMMIT TRUCK GROUP: A RESOLUTION TO AWARD BID # 21-32 AND APPROVE THE PURCHASE OF ONE INTERNATIONAL TRUCK WITH KANN RECYCLING BODY FROM SUMMIT TRUCK GROUP OF LITTLE ROCK IN THE AMOUNT OF $191,000.00, FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION City of Fayetteville, Arkansas Page 3 Printed on 4/27/2021 City Council Agenda Session Tentative Agenda April 27, 2021 /A.7 2021-0297 SPRINGDALE TRACTOR: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KUBOTA TRACTOR AND A TRACK LOADER WITH FORESTRY MULCHER FROM SPRINGDALE TRACTOR FOR THE TOTAL AMOUNT OF $132,995.77 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT AS 2021-0300 FEDERAL AVIATION ADMINISTRATION (FAA): A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENT APPROPRIATION ACT GRANT FROM THE FEDERAL AVIATION ADMINISTRATION IN THE TOTAL AMOUNT OF $57,162.00 TO PROVIDE PANDEMIC -RELATED CRISIS RELIEF TO DRAKE FIELD AIRPORT, AND TO APPROVE A BUDGET ADJUSTMENT /A-9 2021-0286 ARKANSAS HISTORIC PRESERVATION PROGRAM: A RESOLUTION TO AUTHORIZE A GRANT AGREEMENT WITH THE ARKANSAS HISTORIC PRESERVATION PROGRAM FOR ACCEPTANCE OF A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $65,000.00 TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 4 Printed on 4/27/2021 City Council Agenda Session Tentative Agenda April 27, 2021 A.10 2021-0284 J.R. STEWART PUMP & EQUIPMENT, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $32,942.89 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM J.R. STEWART PUMP & EQUIPMENT, INC. FOR THE REPAIR OF A PUMP AT THE GREGG AVENUE LIFT STATION A.11 2021-0293 l UNIVERSITY OF ARKANSAS MEMORANDUM OF AGREEMENT: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS ON BEHALF OF THE DIVISION OF AGRICULTURE FOR WATER QUALITY STUDIES FOR THE AMOUNT OF $37,631.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,763.10 A.12 2021-0282 MCCLELLAND CONSULTING ENGINEERS, INC. - 2019 FIRE FACILITIES BOND PROJECT: A RESOLUTION TO APPROVE TWO CONTRACTS WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE TOTAL AMOUNT OF $43,481.00 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE CONSTRUCTION OF FIRE STATIONS 8 AND 9, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 FIRE FACILITIES BOND PROJECT City of Fayetteville, Arkansas Page 5 Printed on 412712021 City Council Agenda Session Tentative Agenda April 27, 2021 VA.13 2021-0279 MCCLELLAND CONSULTING ENGINEERS, INC. - 2019 POLICE HEADQUARTERS BOND PROJECT: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $29,515.00 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE NEW POLICE HEADQUARTERS FACILITY, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00 AND TO APPROVE A BUDGET ADJUSTMENT - 2019 POLICE HEADQUARTERS BOND PROJECT B. Unfinished Business: 1 BA 2021-0276 RPZD-2021-003: (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 21-003 FOR APPROXIMATELY 51.33 ACRES LOCATED AT 2390 SOUTH DEAD HORSE MOUNTAIN ROAD TO ALLOW THE DEVELOPMENT OF 168 RESIDENTIAL LOTS AND 1 MIXED USE LOT At the April 20, 2021 City Council meeting this item was left on the First Reading. C. New Business: C.1 2021-0302 PEACE AT HOME FAMILY SHELTER, INC.: A RESOLUTION TO PROVIDE PUBLIC NOTICE THAT THE CITY COUNCIL IS CONSIDERING THE SALE TO THE NONPROFIT PEACE AT HOME FAMILY SHELTER, INC. OF ABOUT FOUR ACRES OF LAND WHICH ADJOINS ITS CURRENT SHELTER City of Fayetteville, Arkansas Page 6 Printed on 412712021 City Council Agenda Session Tentative Agenda April 27, 2021 C.2 2021-0298 SRD BUILDERS, LLC: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH SRD BUILDERS, LLC FOR THE EXTENSION OF A 4-INCH WATER LINE ON WEST LAWSON STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $20,484.88.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $2,048.00 C.3 2021-0303 RZN-2020-032 (4023 W. WEDINGTON DR./RPA, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-032 LOCATED AT 4023 WEST WEDINGTON DRIVE FOR APPROXIMATELY 1.97 ACRES FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES C.4 2021-0301 RZN 2021-035: (S.E. OF MORNINGSIDE DR. & HUNTSVILLE RD.IPARK MEADOWS, PH. V): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-035 LOCATED SOUTHEAST OF MORNINGSIDE DRIVE AND HUNTSVILLE ROAD FOR APPROXIMATELY 0.66 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO CS, COMMUNITY SERVICES City of Fayetteville, Arkansas Page 7 Printed on 412712021 City Council Agenda Session Tentative Agenda April 27, 2021 C.5 2021-0304 RZN 2021-036: (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVE./ADMIRAL EAST, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-036 LOCATED AT 216 AND 224 NORTH FLETCHER AVENUE AND 227 NORTH SUMMIT AVENUE FOR APPROXIMATELY 0.58 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE Agenda AdditionsAA0 0 e-, o bf I n I ✓ 1... (i� �Gl' n-P�' �� 2021-0330 i REAFFIRMING FAYETTEVILLE'S WELCOMING OF ALL PERSONS: A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS, RESIDENTS, AND VISITORS �/D. City Council Agenda Session Presentations: D.1 2021-0147 AGENDA SESSION PRESENTATION - SALES TAX REPORT BY PAUL BECKER ENERGY REPORT BY PETER NIERENGARTEN E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 412712021 L City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, April 27, 2021 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member D'Andre Jones Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda April 27, 2021 /A.4 2021-0294 BID # 21-31 LEWIS FORD: A RESOLUTION TO AWARD BID # 21-31 AND APPROVE THE PURCHASE OF TWO TRUCKS FROM LEWIS FORD OF FAYETTEVILLE IN THE TOTAL AMOUNT OF $151,680.00, FOR USE BY THE ANIMAL SERVICES DIVISION Sara Glenn JA.5 2021-0295 MHC KENWORTH: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KENWORTH DUMP TRUCK FROM MHC KENWORTH OF SPRINGDALE, ARKANSAS FOR THE AMOUNT OF $167,000.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE TRANSPORTATION DIVISION Sara Glenn A.6 2021-0296 BID # 21-32 SUMMIT TRUCK GROUP: A RESOLUTION TO AWARD BID # 21-32 AND APPROVE THE PURCHASE OF ONE INTERNATIONAL TRUCK WITH KANN RECYCLING BODY FROM SUMMIT TRUCK GROUP OF LITTLE ROCK IN THE AMOUNT OF $191,000.00, FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION Sara Glenn City of Fayetteville, Arkansas Page 3 Printed on 412012021 City Council Agenda Session Tentative Agenda April 27, 2021 /A.10 2021-0284 J.R. STEWART PUMP & EQUIPMENT, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $32,942.89 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM J.R. STEWART PUMP & EQUIPMENT, INC. FOR THE REPAIR OF A PUMP AT THE GREGG AVENUE LIFT STATION Tim Nyander ✓A.11 2021-0293 UNIVERSITY OF ARKANSAS MEMORANDUM OF AGREEMENT: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS ON BEHALF OF THE DIVISION OF AGRICULTURE FOR WATER QUALITY STUDIES FOR THE AMOUNT OF $37,631.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,763.10 im Nyander A.12 2021-0282 MCCLELLAND CONSULTING ENGINEERS, INC. - 2019 FIRE FACILITIES BOND PROJECT: A RESOLUTION TO APPROVE TWO CONTRACTS WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE TOTAL AMOUNT OF $43,481.00 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE CONSTRUCTION OF FIRE STATIONS 8 AND 9, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 FIRE FACILITIES BOND PROJECT Wade Abernathy City of Fayetteville, Arkansas Page 5 Printed on 412012021 City Council Agenda Session Tentative Agenda April 27, 2021 2021-0302 o (� t 0 ►J� i i( Q /V 300, J C ( PEACE AT HOME FAMILY SHELTER, INC.: A RESOLUTION TO PROVIDE PUBLIC NOTICE THAT THE CITY COUNCIL IS CONSIDERING THE SALE TO THE NONPROFIT PEACE AT HOME FAMILY SHELTER, INC. OF ABOUT FOUR ACRES OF LAND WHICH ADJOINS ITS CURRENT SHELTER san Norton /C"' .32021-0303 RZN-2020-032 (4023 W. WEDINGTON DR./RPA, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-032 LOCATED AT 4023 WEST WEDINGTON DRIVE FOR APPROXIMATELY 1.97 ACRES FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES onathan Curth Co.4 2021-0301 RZN 2021-035: (S.E. OF MORNINGSIDE DR. & HUNTSVILLE RD./PARK MEADOWS, PH. V): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-035 LOCATED SOUTHEAST OF MORNINGSIDE DRIVE AND HUNTSVILLE ROAD FOR APPROXIMATELY 0.66 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO CS, COMMUNITY SERVICES Jonathan Curth City of Fayetteville, Arkansas Page 7 Printed on 412012021 r. DEPARTMENTAL CORRESPONDENCEr OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney TO: Mayor Jordan Blake Pennington Assistant City Attorney THRU: Kara Paxton, City Clerk Jodi Backer �\ Paralegal FROM: Kit Williams, City Attorney DATE: May 5, 2021 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of May 4, 2021 1. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR THE COMMUNITY RESOURCES DIVISION IN THE TOTAL AMOUNT OF $11,509.00 REPRESENTING DONATIONS FROM CITIZENS AND LOCAL BUSINESSES 2. A RESOLUTION TO APPROVE TASK ORDER NO. 8 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $73,000.00 FOR CONTINUED NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS WITHIN COMPLETED RESTORATION PROJECT AREAS 3. A RESOLUTION TO AWARD BID # 21-31 AND APPROVE THE PURCHASE OF TWO TRUCKS FROM LEWIS FORD OF FAYETTEVILLE IN THE TOTAL AMOUNT OF $151,680.00, FOR USE BY THE ANIMAL SERVICES DIVISION 4. A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KENWORTH DUMP TRUCK FROM MHC KENWORTH OF SPRINGDALE, ARKANSAS FOR THE AMOUNT OF $167,000.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE TRANSPORTATION DIVISION 5. A RESOLUTION TO AWARD BID # 21-32 AND APPROVE THE PURCHASE OF ONE INTERNATIONAL TRUCK WITH KANN RECYCLING BODY FROM SUMMIT TRUCK GROUP OF LITTLE ROCK IN THE AMOUNT OF $191,000.00, FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION 6. A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KUBOTA TRACTOR AND A TRACK LOADER WITH FORESTRY MULCHER FROM SPRINGDALE TRACTOR FOR THE TOTAL AMOUNT OF $132,995.77 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES, PURSUANT TO A SOURCE WELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT 7. A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENT APPROPRIATION ACT GRANT FROM THE FEDERAL AVIATION ADMINISTRATION IN THE TOTAL AMOUNT OF $57,162.00 TO PROVIDE PANDEMIC -RELATED CRISIS RELIEF TO DRAKE FIELD AIRPORT, AND TO APPROVE A BUDGET ADJUSTMENT 8. A RESOLUTION TO AUTHORIZE A GRANT AGREEMENT WITH THE ARKANSAS HISTORIC PRESERVATION PROGRAM FOR ACCEPTANCE OF A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $65,000.00 TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS, AND TO APPROVE A BUDGET ADJUSTMENT 9. A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $32,942.89 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM J.R. STEWART PUMP & EQUIPMENT, INC. FOR THE REPAIR OF A PUMP AT THE GREGG AVENUE LIFT STATION 10. A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS ON BEHALF OF THE DIVISION OF AGRICULTURE FOR WATER QUALITY STUDIES FOR THE AMOUNT OF $37,631.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,763.10 ILA RESOLUTION TO APPROVE TWO CONTRACTS WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE TOTAL AMOUNT OF $43,481.00 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE CONSTRUCTION OF FIRE STATIONS 8 AND 9, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 FIRE FACILITIES BOND PROJECT 12. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $29,515.00 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE NEW POLICE HEADQUARTERS FACILITY, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00 AND TO APPROVE A BUDGET ADJUSTMENT - 2019 POLICE HEADQUARTERS BOND PROJECT 13. A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS, RESIDENTS, AND VISITORS 14. A RESOLUTION TO PROVIDE PUBLIC NOTICE THAT THE CITY COUNCIL IS CONSIDERING THE SALE TO THE NONPROFIT PEACE AT HOME FAMILY SHELTER, INC. OF ABOUT FOUR ACRES OF LAND WHICH ADJOINS ITS CURRENT SHELTER 15. AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH SRD BUILDERS, LLC FOR THE EXTENSION OF A 4-INCH WATER LINE ON WEST LAWSON STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $20,484.88 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $2,048.00 16. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-032 LOCATED AT 4023 WEST WEDINGTON DRIVE FOR APPROXIMATELY 1.97 ACRES FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, May 4, 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 May 4, 2021 Zoom information: 935 8536 9180 https:Hzoom.us/webinar/register/WN_OYBXfOcwR6GI Bn3WtXeEbA Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1 2020-0975 MONTHLY FINANCIAL REPORT Agenda Additions A. Consent A.1 2020-0875 APPROVAL OF THE APRIL 20, 2021 CITY COUNCIL MEETING MINUTES A.2 2021-0235 COMMUNITY RESOURCES DONATIONS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR THE COMMUNITY RESOURCES DIVISION IN THE TOTAL AMOUNT OF $11,509.00 REPRESENTING DONATIONS FROM CITIZENS AND LOCAL BUSINESSES City of Fayetteville, Arkansas Page 2 Printed on 412912021 City Council Meeting Final Agenda May 4, 2021 A.3 2021-0251 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 08: A RESOLUTION TO APPROVE TASK ORDER NO. 8 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $73,000.00 FOR CONTINUED NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS WITHIN COMPLETED RESTORATION PROJECT AREAS A.4 2021-0294 BID # 21-31 LEWIS FORD: A RESOLUTION TO AWARD BID # 21-31 AND APPROVE THE PURCHASE OF TWO TRUCKS FROM LEWIS FORD OF FAYETTEVILLE IN THE TOTAL AMOUNT OF $151,680.00, FOR USE BY THE ANIMAL SERVICES DIVISION A.5 2021-0295 MHC KENWORTH: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KENWORTH DUMP TRUCK FROM MHC KENWORTH OF SPRINGDALE, ARKANSAS FOR THE AMOUNT OF $167,000.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE TRANSPORTATION DIVISION A.6 2021-0296 BID # 21-32 SUMMIT TRUCK GROUP: A RESOLUTION TO AWARD BID # 21-32 AND APPROVE THE PURCHASE OF ONE INTERNATIONAL TRUCK WITH KANN RECYCLING BODY FROM SUMMIT TRUCK GROUP OF LITTLE ROCK IN THE AMOUNT OF $191,000.00, FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION City of Fayetteville, Arkansas Page 3 Printed on 412912021 City Council Meeting Final Agenda May 4, 2021 A.7 2021-0297 SPRINGDALE TRACTOR: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KUBOTA TRACTOR AND A TRACK LOADER WITH FORESTRY MULCHER FROM SPRINGDALE TRACTOR FOR THE TOTAL AMOUNT OF $132,995.77 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT A.8 2021-0300 FEDERAL AVIATION ADMINISTRATION (FAA): A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENT APPROPRIATION ACT GRANT FROM THE FEDERAL AVIATION ADMINISTRATION IN THE TOTAL AMOUNT OF $57,162.00 TO PROVIDE PANDEMIC -RELATED CRISIS RELIEF TO DRAKE FIELD AIRPORT, AND TO APPROVE A BUDGET ADJUSTMENT A.9 2021-0286 ARKANSAS HISTORIC PRESERVATION PROGRAM: A RESOLUTION TO AUTHORIZE A GRANT AGREEMENT WITH THE ARKANSAS HISTORIC PRESERVATION PROGRAM FOR ACCEPTANCE OF A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $65,000.00 TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 4 Printed on 412912021 City Council Meeting Final Agenda May 4, 2021 A.10 2021-0284 J.R. STEWART PUMP & EQUIPMENT, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $32,942.89 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM J.R. STEWART PUMP & EQUIPMENT, INC. FOR THE REPAIR OF A PUMP AT THE GREGG AVENUE LIFT STATION A.11 2021-0293 UNIVERSITY OF ARKANSAS MEMORANDUM OF AGREEMENT: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS ON BEHALF OF THE DIVISION OF AGRICULTURE FOR WATER QUALITY STUDIES FOR THE AMOUNT OF $37,631.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,763.10 A.12 2021-0282 MCCLELLAND CONSULTING ENGINEERS, INC. - 2019 FIRE FACILITIES BOND PROJECT: A RESOLUTION TO APPROVE TWO CONTRACTS WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE TOTAL AMOUNT OF $43,481.00 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE CONSTRUCTION OF FIRE STATIONS 8 AND 9, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 FIRE FACILITIES BOND PROJECT City of Fayetteville, Arkansas Page 5 Printed on 412912021 City Council Meeting Final Agenda May 4, 2021 A.13 2021-0279 MCCLELLAND CONSULTING ENGINEERS, INC. - 2019 POLICE HEADQUARTERS BOND PROJECT: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $29,515.00 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE NEW POLICE HEADQUARTERS FACILITY, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00 AND TO APPROVE A BUDGET ADJUSTMENT - 2019 POLICE HEADQUARTERS BOND PROJECT B. Unfinished Business BA 2021-0276 RPZD-2021-003: (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 21-003 FOR APPROXIMATELY 51.33 ACRES LOCATED AT 2390 SOUTH DEAD HORSE MOUNTAIN ROAD TO ALLOW THE DEVELOPMENT OF 168 RESIDENTIAL LOTS AND I MIXED USE LOT At the April 20, 2021 City Council meeting this item was left on the First Reading. C. New Business CA 2021-0330 REAFFIRMING FAYETTEVILLE'S WELCOMING OF ALL PERSONS: A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS, RESIDENTS, AND VISITORS City of Fayetteville, Arkansas Page 6 Printed on 412912021 City Council Meeting Final Agenda May 4, 2021 C.2 2021-0302 PEACE AT HOME FAMILY SHELTER, INC.: A RESOLUTION TO PROVIDE PUBLIC NOTICE THAT THE CITY COUNCIL IS CONSIDERING THE SALE TO THE NONPROFIT PEACE AT HOME FAMILY SHELTER, INC. OF ABOUT FOUR ACRES OF LAND WHICH ADJOINS ITS CURRENT SHELTER C.3 2021-0298 SRD BUILDERS, LLC: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH SRD BUILDERS, LLC FOR THE EXTENSION OF A 4-INCH WATER LINE ON WEST LAWSON STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $20,484.88.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $2,048.00 CA 2021-0303 RZN-2020-032 (4023 W. WEDINGTON DR./RPA, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-032 LOCATED AT 4023 WEST WEDINGTON DRIVE FOR APPROXIMATELY 1.97 ACRES FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES C.5 2021-0301 RZN 2021-035: (S.E. OF MORNINGSIDE DR. & HUNTSVILLE RD./PARK MEADOWS, PH. V): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-035 LOCATED SOUTHEAST OF MORNINGSIDE DRIVE AND HUNTSVILLE ROAD FOR APPROXIMATELY 0.66 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO CS, COMMUNITY SERVICES City of Fayetteville, Arkansas Page 7 Printed on 412912021 City Council Meeting Final Agenda May 4, 2021 C.6 2021-0304 RZN 2021-036: (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVEJADMIRAL EAST, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-036 LOCATED AT 216 AND 224 NORTH FLETCHER AVENUE AND 227 NORTH SUMMIT AVENUE FOR APPROXIMATELY 0.58 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE D. City Council Agenda Session Presentations D.1 2021-0147 AGENDA SESSION PRESENTATION - SALES TAX REPORT BY PAUL BECKER ENERGY REPORT BY PETER NIERENGARTEN E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 8 Printed on 412912021 City Council Meeting Final Agenda May 4, 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 9 Printed on 412912021 City Council Meeting Final Agenda May 4, 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 10 Printed on 412912021 Council Member Sonia Gutierrez Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting April 20, 2021 City Council Meeting Minutes April 20, 2021 Page 1 of 33 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on April 20, 2021 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. In order to create social distancing due to the Coronavirus, COVID-19 pandemic, Council Members Sonia Gutierrez, Mark Kinion, Matthew Petty, Sarah Bunch, and Teresa Turk joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, Council Member D'Andre Jones, Council Member Sloan Scroggin, Council Member Holly Hertzberg, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Chief of Police Mike Reynolds, Deputy Chief of Police Jamie Fields, Fire Chief Brad Hardin, staff members from the IT Department, and members of the press were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan: We have Council Members, city staff, and the public participating in this meeting, virtually and in -person. Participation remains of the upmost importance to the City of Fayetteville. We have provided many ways to participate in the meeting, which includes joining in -person at City Hall, joining virtually through Zoom, viewing through Fayetteville's government channel online or the city's YouTube channel. If you are joining through Zoom, you must raise your virtual hand to request to speak during the public comment period. You can do this by clicking the raised hand option in Zoom online or by pressing *9 on your phone. When it's your turn to speak, please 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 2 of 33 unmute your microphone. For instructions on how to use Zoom, please go to the City of Fayetteville website and type Zoom instructions in the search bar. If you're attending the meeting in -person, you must sign up to speak by completing a public comment form. Forms can be found on the table outside of Chambers. I will take public comments from virtual attendees first, in order to give in -person attendees enough time to line up to speak. Public comments will be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they may wish to address being open for public comment. Each speaker has one turn to speak. Each speaker is allowed five minutes to be broken into segments of three and two minutes, which staff will monitor. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three minutes. The City Council may allow both a speaker additional time and an unsigned up person to speak, by unanimous consent or majority vote. City Council Meeting Presentations, Reports, and Discussion Items: Presentation of the Mayor's Environmental Stewardship Award to Selected Award Recipients Mayor Jordan: This week is earth week and April 22, 2021 is the 5 1 " celebration of Earth Day. In honor of Earth Day, the Fayetteville Environmental Action Committee has developed the inaugural Environmental Stewardship Award Program. This award recognizes excellence in environmental stewardship demonstrated through sustainable practices, programs or projects undertaken by Fayetteville community members, nonprofits, businesses and educators. The Environmental Action Committee received nine applications and were impressed by the quality and diversity of the entities and individuals that were nominated. This made the selection process very difficult. Each of the three winners will receive a trophy. In the spirit of Earth Day and sustainability, the three trophies are old trophies that have been recycled for this new award. The only thing new on each trophy is the new plaque, which we have engraved with the name of the award winner. Susan Norton, Chief of Staff presented the trophies to the three award winners. She thanked the individuals, businesses and industries that embrace and accelerate sustainable practices and environmental stewardship. She stated our community is made more resilient by individuals and organizations that institute sustainable practices, set high standards, and lead by example. She thanked the Environmental Action Committee for developing the award. The 2021 Environmental Stewardship Award for an individual was presented to Pattie Erwin. The 2021 Environmental Stewardship Award for business was presented to Pack Rat. The 2021 Environmental Stewardship Award for Industry was presented to Arkansas Myriad. Mayor Jordan: Congratulations to all the award winners. Thank you all very much. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 3 of 33 Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. He stated sales tax was up very strong for January and February. He stated sales tax was up 11.8%, compared to budget. He stated he budgeted for the city to have a slight decline this year, which happily hasn't happened. He stated the total revenue for the General Fund was up 5% compared to budget because of the strong showing of sales tax and was driven primarily by internet sales. He stated the Street Fund was up about 5% compared to the budget. He stated Parking revenue was down about 26% for the period compared to budget, however when we constructed the budget for this year for the Parking Fund, we reduced capital expenditures. He stated we are in line with expenses and down about 1 % of expenses over revenue at this point in time. He stated HMR taxes are down 14% compared to last year, however they're up 13% over budget. He stated Water and Sewer is up about 2%. He stated Recycling and Trash is 10% down below budget. He stated the Airport fuel sales are 60% of budget. Agenda Additions: None Consent: Council Member Gutierrez requested for A.3, Gulf Coast High Intensity Drug Trafficking Area (HIDTA) to be pulled from the Consent Agenda. She stated a citizen requested to speak on the topic. Approval of the April 6, 2021 City Council meeting minutes. APPROVED Officer Stephen Carr Memorial: A resolution to approve a sculpture commission agreement with Brodin Studios, Inc. in the amount of $51,483.55 for the Officer Stephen Carr Memorial bronze statue, to approve a cost share agreement with Fraternal Order of Police Lodge #10 with an amount not to exceed $35,000.00 to be paid by the City of Fayetteville toward the cost of the sculpture, and to approve a project contingency in the amount of $5,000.00. Resolution 119-21 as recorded in the office of the City Clerk Gulf Coast High Intensity Drug Trafficking Area (HIDTA): A resolution to approve a Memorandum of Agreement with Washington County regarding funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $66,108.00 for the Police Department. This resolution was pulled from the Consent Agenda for discussion. Council Member Scroggin moved to accept the Consent Agenda as read. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 4 of 33 Gulf Coast High Intensity Drug Trafficking Area (HIDTA): A resolution to approve a Memorandum of Agreement with Washington County regarding funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $66,108.00 for the Police Department. Council Member Gutierrez stated she received communication from Sarah Moore requesting the topic to be removed from Consent for discussion. Sarah Moore, Ward 2 citizen spoke briefly about the resolution. She spoke about metrics. She spoke about recidivism. Mike Reynolds, Chief of Police gave a brief description of the resolution. He gave a historical synopsis about the Drug Task Force, funding, and the JAG Grants. He stated Washington County is the fiduciary. He stated this is a grant with the allocation being for overtime expenditures, purchase of evidence, and purchase of information. He spoke about the the main focus being the disruption of drug trafficking organizations. He gave an overview of metrics and a drug threat assessment. He spoke about treatment and prevention programs. Council Member Gutierrez stated we have a new person on the team that is working on the social side with the Fayetteville Police with our social worker. She stated she wondered how there might be opportunities for that person to be part of helping with the prevention. Mike Reynolds, Chief of Police stated part of the social work internship program is embedding our social worker into primary response and we are moving in that direction. He stated our intern worked with the Drug Task Force detectives. He stated they encountered an individual that was battling substance and mental illness issues and they were able to work together to get that individual into the crisis stabilization unit. He spoke about collecting data over the next year to bring back to Council. Council Member Jones: Besides the Police Department, there are other nonprofits who can apply for these grants as it relates to prevention. Is anybody having a conversation with these other nonprofits about applying for these grants or is the burden being placed on the Police Department? It sounds like your Social Worker is doing a lot of other things. I know there are several nonprofits who would be willing to apply for those grants to help the Police Department and to help Fayetteville. Mike Reynolds, Chief of Police stated he would be happy to work with those partnerships. He stated we are just one prong of this issue, which is the enforcement arm of it. He stated we can't arrest our way out of this problem alone. He stated that doesn't mean we need to do away with the Drug Task Force and enforcement, but we need to partner with our community in treatment and prevention. He encouraged citizens and organizations to reach out with help in applying for grants for treatment and prevention. Council Member Jones: I would like to see if we could have a community conversation as it relates to collaboration in getting some of these nonprofits to partner with the Police Department. We have several organizations in Fayetteville and Northwest Arkansas who would be willing to partner with you. I'm hoping we can disseminate that information as it relates to the grant, so they 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 5 of 33 can be involved in the conversation and work with you, so that burden won't be placed on the Police Department. Mike Reynolds, Chief of Police Thank you. I often worry about having the capacity to deal with all of that. Right now, we're just trying to keep our heads above water. I would certainly embrace anybody that wants to partner with us in any way. Council Member Jones: We appreciate your openness to do that. You are right in that we can't arrest ourselves out of this problem. We have to look at it from a community perspective. We have many nonprofits who would be more than willing to support you and to work with you. Council Member Hertzberg moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed unanimously. Resolution 120-21 as recorded in the office of the City Clerk Unfinished Business: Short -Term Rental Regulations: An ordinance to amend § 118.01 Applicability of Chapter 118 Business Registry and Licenses, Chapter 151 Definitions, Chapter 161 Zoning Regulations, § 162.01 Establishment/Listing of Chapter 162 Use Units, and Chapter 163 Use Conditions of the Unified Development Code to classify the types of Short -Term Rentals and create regulations to permit and inspect the rentals. This agenda item was tabled until the first meeting in 0112021. At the December 1, 2020 City Council meeting this item was tabled until the 0110512021 City Council meeting. 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 left on the second reading and tabled until the March 16, 2021 City Council meeting. This item was sent back to the Ordinance Review Committee. At the March 16, 2021 City Council meeting this item was tabled to the 0410612021 City Council meeting. This item is currently on the second reading. At the April 6th, 2021 City Council meeting this item was left on the Third Reading and Tabled for Two Weeks. Mary McGetrick, Long Range Planning & Special Projects Manager gave a brief description of the ordinance. She stated staff proposes amending the ordinance to strike the requirement for proof of operation for the past three years, allowing for a more level playing field for all operators and potential operators. She stated staff was requested to research various ways to ensure a Type 1 owner is present for the majority of the year should problems arise with guests. She stated the following are the most common ways and best practices to ensure regular residency as found in various peer city code. She stated 180 days, which is the amount of time you must live in Arkansas to be considered a permanent resident and a number of municipalities used some form of this to determine the length of time a Type 1 operator would be required to be present in their home. She stated municipalities such as Kansas City use 270 days, which the time limit equates to roughly nine months requiring the owner to be living in the unit for the majority of the year. She stated this appears to be the standard for Type 1 or owner occupied units across various municipalities. She stated the ordinance currently requires the homestead exemption or copy of a long term lease for 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 6 of 33 Type 1 rentals, but we may consider adding two or more of the following, which are motor vehicle registration, driver's license, Arkansas state identification card, voter registration, tax documents or utility bill. The City Council received one public comment regarding this ordinance. Council Member Scroggin: Is the draft that Mary talked about, is that technically what's in front of us now or do we need to make some motions? Mary McGetrick: We would need to make an amendment in regard to the six month grace period. That language, we can provide to you as needed. It would be the updated language presented in the presentation as prepared by the City Attorney. City Attorney Kit Williams requested for Mary to pull up her presentation to make sure the proposed amendment is written correctly. Mary McGetrick stated she recommends the language provided by City Attorney Williams. She stated he clarified some portions of it. City Attorney Kit Williams: We talked about this grace period in two different parts of the code. Is that right? Mary McGetrick: Correct. We would need to amend it in two different places in the code. City Attorney Kit Williams read the proposed amended ordinance. Council Member Gutierrez: Did this help to address and clarify the fairness of what you were saying? Would it make sure people who are doing these Short Term Rentals are different from people who are doing Long Term Rentals? City Attorney Kit Williams: This would grant to any person, whether you've been operating a Short Term Rental or not, the opportunity to get a free Conditional Use and then apply for a business permit. You would have to go through the inspections just as normal. You won't have to pay the $100. You won't have to go to the Planning Commission. You will automatically get that awarded by this subsection. The downside of this is that no neighbors will ever get a chance to object to any Conditional Use being granted because the City Council is granting Conditional Use themselves. We don't know how many people might want to do that and we have a potential limit on the number of Short Term Rental, Type 2 permits to be allowed. Potentially, it could even exceed that amount, probably not, but those are the downsides. The upside is that we are no longer favoring the illegal operators over citizens who did not break the law. Council Member Turk: It goes a long way to equalizing things out, by not having preferential treatment to illegal activity or unregulated activity within the city. On the other hand, we need to beef up and have a more robust complaint system than we have. Staff should be prepared to address those kinds of complaints once we implement these regulations. We are short circuiting the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 7 of 33 neighbors that have had issues with unregulated Short Term Rentals. We need to provide an easy pathway for them if they have future complaints or concerns to have those addressed. Susan Norton, Chief of Staff: Mary and Jonathan addressed that last time. It's been discussed. Mary McGetrick: I can add a little bit of language. Typical nuisance complaints would be handled by the Police Department. Currently, that is how we operate. On the weekends these nuisance complaints might include loud music, large parties or illegally parked cars. All of those types of complaints are handled by the PD. However, staff wouldn't rely on the PD to enforce this ordinance. We would use their reports, in order to enforce the ordinance. Mike Reynolds, Chief of Police: We commonly respond to those types of quality of life issues. We enforce noise type violations and don't have a problem with that. We can take reports on these kinds of violations and forward those to Code Compliance, as well. Mayor Jordan: I want it clear that the Police Department is only doing code enforcement when it is loud noises and when stuff is going on that's not legal. Mike Reynolds, Chief of Police: That is correct. Council Member Turk: I want to paint a scenario I've heard about that occurred. There's a party at a Short Term Rental and it's New Year's Eve. There are 300 cars blocking traffic and there are noise problems and drunk people all over the place. Glass is being thrown in the road. You all are extremely busy because that's a holiday. Do you have the capacity to be able to handle such an event and how would that work with code enforcement when New Year's Eve is on a Saturday? I want to make sure we don't have any gaps and you have the capacity with city staff and the Police force to be able to deal with these kinds of activities. Mike Reynolds, Chief of Police: The scenario you gave is a very difficult scenario, with it being New Year's Eve. Certainly, we would be busy, so the types of calls you are referring to is what I refer to as a Priority 3 call. That's the lowest level call that we respond to as law enforcement. It depends on how busy we are handling higher priority calls. Parking violations are something we are regularly responding too. We are not very familiar with over occupancy rates and something we don't respond to on a regular basis. It's usually those types of violations that are co -mingled into the type of violation you are talking about with Short Term Rentals. Council Member Turk: Would a report be filed and that would be handed off to city staff? I'm trying to find the mechanics because the Short Term Rentals operating illegally, the Police force when this occurred, was not able to do anything about it. Once we make them legal, I'd like to make sure I understand how the whole process will work. Mike Reynolds, Chief of Police: If that was something we respond to after hours, then we would take a report on that. It would be an informational report on over occupancy and then Code could get that report the following business day and follow up on it. We would not take an enforcement action on something like a code violation. Our stance would be going out and taking a report as time is allocated for officers to do that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 8 of 33 Council Member Turk: In that situation, you would not be able to stop the party or disband it? Mike Reynolds, Chief of Police: If it's based upon over occupancy, I don't think we would be able to intervene with the current legislation the way it's written. If it's a loud party and falls under the noise ordinance and a host issue, there's very different statutes and ordinances that apply to that situation. You are just merely asking me about over occupancy on what we're talking about here tonight on an Airbnb, Short Term Rental, we would not be able to take enforcement action. Council Member Turk: If there were parking situations and bottles being thrown, you would be able to do something about that and you would include it in your report? Mike Reynolds, Chief of Police: Absolutely. Anything ancillary that's a violation and Police would normally handle, we would be able to take immediate enforcement action on something like that. Council Member Scroggin moved to amend the ordinance to add language in two sections of code as presented by City Attorney Kit Williams. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Council Member Turk stated she looked into the regulations because she has several long term properties. She stated a lot of residents are very concerned about the occupancy limits that we have in place. She stated she has a Short Term Rental and wants to make sure Council gets this right. She gave a brief summary to clarify and identify several provisions. She stated she is open to sending this back to the Ordinance Review Committee. She stated when she looked in the code, she found a lot of inconsistencies. In Section 118.01, item C, this prohibits minors from being required to have a business license for a Short Term Rental. She stated she thought the intention was to prohibit minors from engaging in Short Term Rentals because as it's written right now, a minor could be engaged in a Short Term Rental if they are a renter. She stated we should change some of the language to make clear what the intent is. Mary McGetrick: I agree. Most of the platforms require that you be 18 years of age to rent, but not everyone rents through a platform. We have the business license requirement that prevents minors from holding a business license. There could potentially be a situation in which a minor could possibly rent a Short Term Rental. If we want to add that, staff could support an amendment adding that language. Council Member Kinion: I'm glad Council Member Turk pointed that out and it could be a concern. Council Member Bunch: I agree we don't want minors subletting their apartments for Short Term Rentals. However, that subletting ability is in a contract between the landlord and the minor. I'm concerned how the city can enforce or jump in on somebody's private business in this way. I don't see how we could enforce that. In my leases, no one can sublet anything. Council Member Turk: I thought about that too, but we have a very loose language that is not making it clear that the landlord needs to get a business license. They need to have all of these 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 9 of 33 different things if they allow their lessee to sublet. It's very open ended. If I allowed subletting in one of my Long Term Rentals, I would not have any guidance in how to follow City Code because it's not clear. We don't have a requirement that the business owner or the landlord allow it sublease in the language to the renter. Council Member Bunch: I don't see any problem with putting some extra language in here dealing with minors, but when you're talking about the language that allows someone to sublet, then you're getting into the city enforcing someone's private business contract. I don't know that's the role of the city. I don't see this as being the straw that broke the camel's back on the Short Term Rental. We put in the time and focus groups to come up with the best possible ordinance to begin with. If we found this was a challenge, later on, we could tighten it up even more. Council Member Turk: I suggest we tighten the minor part up. I agree with you about not getting into the business of reviewing leases and making sure that a sublease is included. Right now, we don't have an insurance requirement for the landlord. If they're going to allow subleasing and their renter can sublease that out, there's no insurance requirements and it needs to be very clear about what they need to have. The owner is going to have to have a business license. They're going to have to allow a safety inspection. They're going to have to have insurance. They may not know their renter is engaging in a Short Term Rental. Mary McGetrick: Currently in our business license, Section 118.01 C, minors cannot hold a business license. I'm not sure that is where we would want to put the prohibition of minors operating Short Term Rentals. If we want to add that as an amendment, we may need to add it somewhere else in the ordinance. If a long term lease holder wants to operate a Short Term Rental, they are required in the ordinance as it's written, to provide a copy of their long term lease. They would be responsible for holding the business license, getting the inspection and providing the insurance. If they couldn't do that, then they would not be able to obtain a license. We require that lease, but we also can't enforce a contract between two private parties. Council Member Turk: You would require the tenant to show you the long term lease that they have with the owner. The owner would still be required to carry the insurance, have the business license, and have the safety inspection? Mary McGetrick: No. The leaseholder would be responsible for that. That's how it is written now. Council Member Turk: I don't think that is a very good idea. They don't own the place and it is a gap that we need to discuss. Mary McGetrick: The insurance requirement overall is in the ordinance that you have. If you are a long term lease holder, you can get renters insurance and then you can get a rider on that to do Short Term Rentals. You can get that as part of your renter's insurance, but it would have to be approved by your lease. Council Member Turk: As part of that bundle, maybe it could be a joint requirement with the landlord and the long term lease holder, so that all the parties are on board about this. I have a hard 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 10 of 33 time seeing how this would work. As a landlord, I don't allow subletting and maybe others do, but you want to make sure everybody's informed. I don't know if the Council would entertain requiring both the landlord and the long term lease holder to have the business license. Council Member Bunch: To have it jointly? Council Member Turk: Have it jointly. Let's say the long term lease holder has lots of parties and problems, they're going to have compliance issues. Do you want to hold the long term leaseholder responsible, or do you want to have the landlord be responsible for that? It's their property. The renter could move to another area of town, set up a situation over there, and then there's no accountability in residential areas. Council Member Petty: It sounds like in the scenario you just described, that the long term lease holder is the problem. If they're going to pick up and move to another end of town, we need the business license to follow them, so enforcement actions can follow them. This feels like an edge case that we're not going to see very often, especially the minors, but also tenants, who are subletting. If that's going on right now, they're going to be a lot less likely after the ordinance passes to try and do an unapproved sublet than they might be today because they will have to file documentation with someone. This is unlikely to happen. If it does happen, it seems like the ordinance is capable of handling it. Council Member Turk: How are you going to be able to collect taxes on this? This is a big loophole that we don't need. If it's not used very much, why don't we close this loophole. Mary, have you found this kind of provision very common in other cities? Mary McGetrick: For the most part they allow subleases, especially in some of the peer cities where there are college towns. They did require the long term leaseholder to provide the lease. I don't know how much we could enforce that, but if it was clear in providing the lease that subletting was not allowed, then we could not issue a business license. I researched maybe 30 cities, and I saw it in about a little over half with these types of provisions. Council Member Gutierrez: I'm glad you brought up the college cities. Let's say the landlord is open to subletting. They know they are doing Short Term Rentals and the student may be out doing a summer study abroad. They do a Short Term Rental through their time they are gone and then they come back in August. If the landlord is okay with that, which I don't know very many that are good with subletting, hopefully, they would figure that out with their landlord. If they are okay with that, then it's good for the person who's subletting to be fully responsible with the business license. If they do something wrong, they are at risk of losing their opportunity to do Short Term Rentals. Council Member Bunch stated what Council Member Gutierrez described might not have been a Short Term Rental. She stated if it's longer than 30 days or more, then it's just a regular rental. She spoke about professors going on sabbaticals. She stated she has no problem with putting some language in, since we are a college town. She stated she doesn't see this as being a giant problem of subletting Short Term Rentals. She stated if there are problems, it's probably going to be something else that's the problem, such as the actual renter. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 11 of 33 Council Member Hertzberg: If we were to add language, regarding minors, would we have an exception for emancipated minors? Council Member Turk: I would be open to that. Council Member Petty: Are there any motions to be considered? We've discussed this at least three full Council meetings, two Ordinance Review Committee meetings, and so far, we've had consensus to move forward on the basis that we have a grace period and a review with potential amendments in the future. I understand some Council Members may have lingering concerns, but without a motion with specific language to be considered, it seems like we are spinning our wheels. Council Member Turk: I'm happy to make a motion to table this for two weeks, so we can have some proposed language to come back with in two weeks that is very specific, not just about the minor issue, but about a couple of these other ones. I was hoping we would discuss those and move us forward. I've got several other ones that are important and would like to discuss them openly and with the public. Do you want me to make a motion or can we continue the discussion? Mayor Jordan: If you're looking at some stuff to bring forward, make a motion and get a second. Then we can vote it up or we vote it down and then go on to the next one. Council Member Scroggin stated he would like to vote immediately. Council Member Hertzberg stated she would second the motion. City Attorney Kit Williams: This is one of the most privileged motions and according to the Municipal Leagues requirements, it says a motion to vote immediately is a motion to close debate, shut off subsidiary motion and take a vote at once. The motion to vote immediately is that you can't interrupt the speaker. I don't think a speaker was interrupted, but that would be up to the Mayor to decide. It requires a second. It's not amendable and requires a two thirds majority, which is six affirmative votes to pass. Once it's been done and seconded, we go straight to the vote. It is not debatable. Council Member Petty: This is a vote, to vote, not a vote on the ordinance. Correct? Mayor Jordan: It's a vote on the ordinance. Is that correct? City Attorney Kit Williams: Yes. It would be to vote for the ordinance, either up or down. Mayor Jordan: It takes six votes. If that vote fails, where do we go from there? City Attorney Kit Williams: Then we are right back at it again. Council Member Scroggin made a motion to vote immediately. Council Member Hertzberg seconded the motion. Upon roll call the motion failed 4-4. Council Members Bunch, Hertzberg, Petty, and Scroggin voting yes. Council Members Turk, Gutierrez, Jones, and Kinion voting no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 12 of 33 City Attorney Kit Williams: That fails, and we are right back where we were. Council Member Turk spoke about tabling the item for two weeks to look at some of the questions she has and to receive more clarity. She spoke about having Mary McGetrick draft some different language for her concerns. Mayor Jordan: The Ordinance Review has had it twice and we have your recommendations. Council Member Kinion: Out of respect to Council Member Turk and the concerns she's received and researched, I want to table it to the next City Council meeting. I'm sorry if it seems like we've drug it on and on, but that's no excuse not to have a better piece of legislation. Mayor Jordan: If we table it, I need some kind of pathway for Mary. Council Member Turk, you sent us a document with about 16 items. Do you want Mary to try and incorporate all of them? Council Member Turk: Many of them are just trying to clarify the language. They weren't all issues. There were many that were clarifying the language quite a bit. I would love to address each one of them with Council Members. It seems that was not what Council wanted. I can work with Mary on these or we can discuss other ones that are in the list. It would be important to have Council input. Council Member Bunch stated when she read over the items, a lot of them are covered in other parts of our code. She stated if we want to have a discussion, we need to have the discussion now, so we know what we're talking about. She stated she does not feel comfortable sending this list with Mary and asking her to craft something that she may not agree with. Mayor Jordan stated he would rather have the discussion out in public and get it over with and then try to have Mary go back and craft something. Council Member Turk: I'm happy to carry on with the discussion. Mayor Jordan spoke about Council Member Turk making amendments if she so desired. Council Member Turk moved to table the ordinance until the May 4, 2021 City Council meeting. Council Member Kinion seconded the motion and then withdrew his second. Council Member Turk: In Section 118.01 (C), Mary said she would work on some language for that. Do I need to have a motion to request Mary to work on some language? I think she understood what the intent was. Susan Norton, Chief of Staff. The more guidance we can give Mary with language, the better off we all will be. Council Member Turk moved to amend Section 118.01 (C) to redraft language that clarifies minors are prohibited from leasing, advertising, managing, or any other activity involved in Short Term Rentals, unless they are an emancipated minor. Council Member Gutierrez 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 13 of 33 seconded the motion. Upon roll call the motion passed 6-1. Council Members Bunch, Turk, Hertzberg, Gutierrez, Jones and Petty voting yes. Council Member Scroggin voting no. Council Member Vinion was absent during the vote. Council Member Turk: In Section 118.01 (E), I recommend we define room better. We need to define bedroom. Our occupancy limits on Short Term Rentals references bedroom. We need a clear definition of what a bedroom is, and that definition can come from the Fire Department or some other kind of real estate defined bedroom. Mary McGetrick: Currently, as it's written, a room is an enclosed portion of a building designed or intended to be used principally for sleeping purposes. We don't have a definition of bedroom anywhere in our code. We rely on the IBC and the International Fire Code as adopted by the State of Arkansas to provide the definition for us. If we added a definition of bedroom, following either IBC or Fire Code, it would need to apply to the entire development code. It would make sense if we're defining bedroom specifically, it would not necessarily be specific to this section of code. There are a number of things the building code requires. Jonathan Curth, Development Services Director: There's a lot to be said for deferring to codes that are adopted on a State level. When those codes change, we don't have to go back into our ordinances and find every instance where they already occur. We have found that to be an effective way of making sure our code stays up to date, without having to do an amendment every single time. Mayor Jordan: Does the State define what a bedroom is? Jonathan Curth: The State of Arkansas adopts the International Building Code on a semi yearly basis. It's not always the most current one and from there that's where our building codes are established. Every time the State of Arkansas adopts a new one, the City of Fayetteville can adopt it with the potential for amendments that are a higher level of scrutiny or higher requirement. Mary has the information in front of her. Mary McGetrick stated the information about what constitutes a bedroom was about two and a half pages long. There was a brief discussion about amending the definition of "room" to "bedroom." Council Member Turk moved to amend the definition of "room" to "bedroom" in Section 118.01(E). Council Member Gutierrez seconded the motion. Upon roll call the motion passed 5-2. Council Members Bunch, Turk, Gutierrez, Jones, and Petty voting yes. Council Members Hertzberg and Scroggin voting no. Council Member Vinion was absent during the vote. Council Member Turk: In Section 118.01(E)(5). This provision requires the platform, such as Airbnb or Vrbo to not allow Short Term Rentals to advertise. I don't see how we can enforce that. I have received several emails from those groups, saying that won't work for them. I want to strike that requirement requiring platforms to make sure that STR's are adequately licensed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 14 of 33 Council Member Bunch: Mary is that something covered in some of the other cities we looked at? Is this common language in a city ordinance? Mary McGetrick: I have not seen it in that many ordinances. It was based on best practice in our research into that. The more I've researched, especially ordinances that have been passed recently, I haven't seen something like that included. Enforcement may be difficult for something like that. Mayor Jordan: You want to strike 118.01(E)(5). Is that correct? Council Member Turk: Yes. Council Member Gutierrez stated she was not completely clear about Section 118.01(E)(5). Mary McGetrick gave a brief description of Section 118.01(E)(5). Council Member Turk: I suggested striking and deleting that provision. I don't think we can enforce that. Council Member Gutierrez: Mary, do you think striking it is okay or do you want to rewrite it? Mary McGetrick: If we are wanting to deal with it, either keeping it or striking it is probably the best way. I don't think there's a way we can rewrite it that would change the intent or make it more enforceable. Council Member Petty: I want to be able to support this one. I don't believe the claims of the Short Term Rental booking companies. We heard the same things about how they could never collect the taxes they are required to collect and have always been required to collect, but when we stuck to our guns, we were able to get agreements to get them to start collecting. Implementing a simple document upload check is something they already do for copies of driver's licenses, insurance riders, and it should be simple for them to do it for a copy of a business license. They're just trying to avoid the burden of doing this. Council Member Turk moved to amend the ordinance by striking Section 118.01 (E)(5). Council Member Gutierrez seconded the motion. Upon roll call the motion passed 4-3. Council Members Bunch, Turk, Gutierrez, and Jones voting yes. Council Members Hertzberg, Petty and Scroggin voting no. Council Member Kinion was absent during the vote. Council Member Turk: Section 118.01(E)(9), I want to request we clarify the insurance requirements and the amount we require on insurance. I want to specify the amount and the type we are requesting. Mary McGetrick: I've done a lot of research into this. One room in a 1,000 square foot house is going to have a completely different insurance requirement than a six bedroom 3,000 square foot house. It's a little hard to put a number on what they would require. A private homeowner working with their insurance company, most of these standard riders I saw, they included medical, disaster, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 15 of 33 and liability insurance. Most of that is already there. The numbers vary wildly in the amount of coverage. It would be difficult to put a cap on it. Council Member Gutierrez: It would be helpful to advise them to say a minimum of these three things. You're saying it hasn't been evident that other places haven't put a minimum? Mary McGetrick: I haven't seen it. The language we use is that the owner of the dwelling unit or operator of the Short Term Rental provides proof of a valid and current homeowner insurance rider policy, which fully covers each unit when operated as a Short Term Rental. I haven't often seen a threshold of any type applied to it. Council Member Turk made a motion to amend the ordinance to clarify the insurance type and amount. The motion died due to a lack of a second. Council Member Turk: I want to make a motion that we require whoever the holder is of the business license of the Short Term Rental to be included in the landlord registry. This will be a way to contact them quickly if the need arises. City Attorney Kit Williams: This would require a small amendment to the landlord registry code section. Mayor Jordan: It would include Short Term Rental owners into the landlord registry. Council Member Hertzberg: Does the ordinance that we have, not already do that? It's the ordinance that Mary drafted. Mayor Jordan: I don't think it covers Short Term Rentals. Council Member Bunch: Short Term Rentals aren't legal in lots of places. Council Member Hertzberg: My question was more about the contact information. Is the contact information not already addressed in the ordinance that we have right now? Mary McGetrick: It is. Council Member Gutierrez: It's not public and there is no directory to be able to look it up. Correct? Council Member Turk: That is correct. You want to make it accessible to the public. Mayor Jordan: Which would be in the landlord registry, if it passes. Correct? Council Member Turk: Correct. Council Member Gutierrez stated she would second the motion. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 16 of 33 Susan Norton, Chief of Staff. I thought I understood Kit to say that would require a change to the landlord registry ordinance, not this ordinance. I want to be clear that Mary doesn't have anything to do on this, if that's the case. City Attorney Kit Williams: Right. I think we would need to bring back another ordinance to change that code section, rather than including it in with this. Mary McGetrick: Correct. That would be my recommendation. There was a brief conversation that this topic would be for a later discussion and action. Council Member Turk: I will remove the motion with the understanding that this will come back and we can vote on it with the landlord registry. Vote for inclusion or not with the landlord registry. Council Member Turk made a motion to amend the ordinance to require whoever the holder is of the business license of the Short Term Rental to be included in the landlord registry. Council Member Gutierrez seconded the motion. After discussion, Council Members Turk and Gutierrez withdrew their motion and second. Council Member Turk: I would like to move that we prohibit lessees from renting out their Short Term Rentals, even if they have the ability to sublet with the homeowner. It's too loose and we are going to have a very big problem with enforcing that. Council Member Kinion: I'll second that. Mayor Jordan: The motion is to prevent lessees from renting out Short Term Rentals. Correct? Council Member Turk: That's correct. Council Member Kinion: That's important. If someone wanted to come in and lease some property, but they would make a profit if they did Short Term Rentals in the property they're leasing, then it could become a business deal. It's not earnest and it's kind of getting around the code. Council Member Scroggin: We are starting to try to restrict businesses here. I understand what you're concerned about and that somehow, they are in cahoots to do this together. If you've got somebody renting your place and they are short on cash and they're going to go back for a month or two to home, they should be able to Airbnb and pay their rent during that time. We just went through a pandemic, where a lot of people went back home and would have been able to Airbnb and pay their bills and not have to get evicted. I don't think this is a good idea. Council Member Petty: I agree with Council Member Scroggin. It seems as though the animus for this may be low opinions of people who lease units. We've gotten dangerously close tonight in trying to keep very careful language in how we talk about people who rent. I am struggling to understand why we think it's wrong and why it needs to be regulated for renters to sublet a space, with the permission of the property owner. What is so fundamentally different when the property 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 17 of 33 owner agrees? If a person who rents a space operates a Short Term Rental during Bikes, Blues & Barbecue or the person who owns the space operates a Short Term Rental for Bikes Blues & Barbeque, I'm struggling to understand what is so different. Council Member Bunch: If a landlord agrees to let someone sublet, then I don't see any challenges with this. If your goal was just to prevent people from subletting their apartments, why you started out talking about minor subletting and now here we are, nobody can sublet. I'm not going to be in support of this. Council Member Turk: I started out with minor subletting because it was the first item in the regulation. Mary, you have found in this scenario where the lessee is subletting out for a Short Term Rental, that they've been able to acquire insurance? Mary McGetrick: I can send you some of my research. It will take me a minute to dig through this information, but I can attempt to find some of that. Council Member Gutierrez: I've held renter's insurance in all of my places and they're more than happy to add anything I want to increase my insurance variety. I haven't tried to get a Short Term Rental rider. Council Member Petty: If the insurance provider won't give a rider, then it's moot. They can't get the business license and they operate outside of the law. I don't understand why an additional code sentence is necessary. Council Member Turk: In our requirements, we don't have insurance in there yet, unless Mary has updated that. We need to require them to display and confirm that they do have insurance when they get a business license. Mary McGetrick: That is in the most recent version in Section 118.01(E)(3)(C) is where our insurance considering tonight. There was a brief discussion about the regulations. . The version you have in front of you now requirement is. It is in the version you're Council Member Turk: I'm going to withdraw my motion. I think they are going to have a problem getting insurance. I'm glad you pointed out that the insurance is identified in there. Council Member Turk made a motion to amend the ordinance to prevent lessees from renting out Short Term Rentals. Council Member Kinion seconded the motion. After discussion, Council Members Turk and Kinion withdrew their motion and second. Council Member Turk: I would like to move that if you have a Type 1 rental, which is the owner occupied Type 1 rental, that the owner be required to be in the house when you rent it out as a Short Term Rental. I know there's been reluctance to do that, but we've had a lot of problems with parties when the owners are away. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 18 of 33 Mayor Jordan: Your motion is that the Type 1 owner has to reside in the house. Correct? Council Member Turk: They have to be present when they rent it out as a Short Term Rental. Council Member Bunch: Are you saying if someone rents their house out during Bikes, Blues & Barbeque, they can't rent their house out unless they are in the house with the people? I couldn't rent my house out, go across the street and stay at my neighbor's house? Would I have to be physically in my house to rent it out as a Type 1? Council Member Turk: I would be okay with you going across the street and staying at your neighbor's house. If you're going away where there's no cell phone coverage, there could be lots of potential problems. I've gotten several complaints about this happening. Council Member Kinion stated he would second the motion. Mary McGetrick: We have a requirement that if there is an emergency or an issue with the unit, someone has to be on site within three hours. If you aren't able to do that, you can designate an agent to do that for you when you get your business license. That is how we have covered that issue. Council Member Bunch: That is adequate. This change would be prohibitive and unreasonable. That they would have to be in the physical house is not appropriate. Council Member Scroggin: The purpose of Airbnb when it started was the idea of going on vacation and switching houses, so you don't waste resources constructing buildings we don't need. This would take away that entire purpose. I don't want business Airbnb's where somebody has 20. I want an Airbnb when I go to the outer banks and somebody could pay a little bit of money while I'm there. Mayor Jordan: You want the Type 1 owner to be present in the house when it is rented. Is that correct? Council Member Turk: That's correct. Council Member Gutierrez thanked Council Member Turk for spending the time to go through the ordinance. She thanked Mary for her work on the ordinance. Council Member Turk made a motion to amend the ordinance to have the Type 1 owner to be present in the house when it is rented. Council Member Kinion seconded the motion. Upon roll call the motion failed 2-6. Council Members Turk and Kinion voting yes. Council Members Bunch, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting no. Council Member Turk: I move that we add a date. In Section 118.01(E)(7), that any change in ownership requires a new or amended license within 30 days after the sale or change in ownership. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 19 of 33 Mary McGetrick: In our business license code in Section 118.02 (B), a business license must be obtained within two months of moving or starting a business. We have that language already in the code. If we were going to amend this section, then we would need to either amend both sections or we would need to specify that this particularly applies to Short Term Rentals. Council Member Turk: If you can reference that or put two months in there, that would be helpful. If we can do that, I'll withdraw that motion. City Attorney Kit Williams: You can do that. It would be up to Mary or the Council if they want to put something like that in there. Mary McGetrick: It's already in our ordinance. You may need to vote to amend this section to add it there if we want to add it in this section as well. Council Member Turk: I move to amend we add a reference or identify that it's 60 days after the sale or change in ownership. Council Member Gutierrez seconded the motion. Council Member Petty: Mary, did I hear you explain that's already a requirement in the business license section? Mary McGetrick: That is correct. Council Member Petty: I won't be able to support this. I'm against duplicative code sections. Council Member Kinion: The problem is, people that have looked at it, that have Airbnb's are the ones that have to understand it and they don't. This helps a little bit with some of that understanding. There's nothing wrong with putting a little coaching in there. It's not easy for some people to read code and understand it. I'm going to support it. Council Member Scroggin: It is hard to read code when it's super long and there's duplicated sections in it. If we make a change, we might miss it and then it's contradictory to what it says in another place. I'm not in favor if this. Council Member Bunch: More words don't always make it clearer. I don't think I'm going to be in support of this. When you get a business license, you have to fill out the form. It's clear when you fill out a business license what you're required to do. I don't believe in duplicating this. Council Member Hertzberg: Mary, do you think this would be possible to add to the website to make it clearer, but not necessarily add it to the code? Mary McGetrick: Absolutely. We could add this to the website. We have had discussions about maybe creating a brochure when people get their business license and we could add it to that as well. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 20 of 33 Council Member Gutierrez: I really like it, because of its clarity. If you're wanting to start to operate an Airbnb, you are not going to go read a bunch of other codes. It's helping for customer service. I understand the duplicity thing, but if I was going to try to start to do it, I would just read my ordinance and read other references. Council Member Bunch: It's not that you have to read all the other code. It's when you go in to fill out the business license application. It's pretty clear. Council Member Gutierrez: It's just clarity. I wouldn't assume my businesses is the same thing as a what the Short Term Rental requirements are. Council Member Petty: There have been maybe close to a dozen times where we have had to bring back new ordinances simply because in an ordinance that just got passed in the prior month or six months, we missed a cross reference. It's so common. We've got 350 printed pages of local regulations and they are layer caked. They are ordinances based on new complaints or new opportunities stacked one on top of the other, year over year, decade over decade. It's not best practice for management of the regulation. Most people who operate Short Term Rentals, don't read the code at all. They are far more likely to read the brochure and the website than any code section. Council Member Turk: The easy solution is to cross reference this. What we want is compliance with our regulations and understandability. Council Member Turk made a motion to amend the ordinance that any change in ownership requires a new or amended license within 60 days after the sale or change in ownership. Council Member Gutierrez seconded the motion. Upon roll call the motion failed 4-4. Council Members Turk, Gutierrez, Jones, and Kinion voting yes. Council Members Bunch, Hertzberg, Petty, and Scroggin voting no. Council Member Turk: Section 118.01 (E), item, 15. Right now, it talks about notifying the Police after suspecting a criminal activity, but again there's no time reference. I suggest we put in 12 hours of knowing there's some suspected criminal activity. I move we add that timeframe to 12 hours or something reasonable. Council Member Kinion stated he would second the motion. Council Member Gutierrez: Who is getting notified? Council Member Turk: The way the code reads is that you are required to notify the Police if there's suspected criminal activity, but it is open ended. It doesn't say how long from the suspected activity that you notify the Police. Mary McGetrick: It says criminal activity, the owner shall timely report any known or reasonably suspected criminal activity by a guest to the Fayetteville Police Department. City Attorney Williams: It says, timely? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 21 of 33 Mary McGetrick: It does. Council Member Turk: Putting a number in there would be helpful. Timely can be a lot of different things. There was a brief discussion about notifying the Police within 12 hours. Council Member Scroggin: I really want to keep the word timely in there. If you suspect somebody was killed in your place, you've now got 12 hours. Council Member Turk: It's within 12 hours of knowing or suspecting. If you found a dead body, it's 12 hours from the time you found the unfortunate incident. Council Member Scroggin: I hope timely is faster than 12 hours on a dead body. Council Member Bunch: Who's going to find a dead body and not call the Police immediately. Council Member Kinion: It's turned into some kind of thought that people are not going to call in if there's an urgency. There are those that will not call in until they have too, and 12 hours seems like at least putting a limit on those that don't see the sense of urgency. Council Member Scroggin: Can we do timely, with a max of 12 hours? Council Member Turk: I would accept that as a friendly amendment. Council Member Turk made a motion to amend the ordinance to notify the Police in a timely manner with a max of 12 hours of knowing of suspected criminal activity. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams: There are some cleanup amendments since you've made some changes. Chapter 151, Definitions. Mary, has a whole page of them. One of them is a definition of bedroom. Maybe in light of what Jonathan said, we should not define it, but leave it to State Law, which we do in other cases. Is that what you said Johnathan? Jonathan Curth: Yes, that would be my recommendation. Mary McGetrick: There was a vote on this. It says room and we've changed it to bedroom. City Attorney Kit Williams: The definition of bedroom is what I'm talking about. Further on down, where it says Short Term Rental, it's got the same definition that we change room to bedroom, and so it should be changed in this definition too, if you want to keep that definition in. Those are just consistency things. If we don't change anything, then we've got two different definitions of Short Term Rental. One of the definitions chapter says residential dwelling unit, portion of dwelling unit or room within a residential dwelling unit, and you have just changed that in the actual code to say or bedroom. They should say the same thing. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 22 of 33 Council Member Kinion made a motion to amend the ordinance to clarify language as read by City Attorney Kit Williams. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams: The other one where you defined bedroom, Jonathan has suggested we remove it. Right now, it says, a fully enclosed portion of a building designed or intended to be used, principally for sleeping purposes. That sounds nice, but if we define bedroom in this code, then that's the actual definition we will have to use. Nothing about fire safety or anything else like that. We should not have this definition of bedroom in here. Instead we should rely upon the State definitions of bedroom. If we put it in our code, that is the definition of bedroom and that's all it has to be, and we can't require anything else. Mary McGetrick: I agree. Council Member Turk: I hope there's a reference so that somebody that's reading the code can find out what a bedroom really is. If there's some way to reference that back to the State, that would be helpful. Mary McGetrick: They would have the opportunity to learn that when they got their life safety inspection and the Fire Marshal was doing their inspection. They could tell them what qualifies as a bedroom. Council Member Hertzberg stated she would like to amend the definition to reference State Law. Council Member Scroggin: Do we have anywhere that is referenced in any other definition in our code? Mary McGetrick: I don't believe so. Jonathan Curth: If the concern is about making that apparent and readily available in our ordinance, it is not there explicitly. The International Building Code is hundreds of pages long, similar to our ordinances. We have a section of code within the Unified Development Code that references the building code that's adopted by the State of Arkansas. If that's a concern, then you may want to include that in our codes, rather than just referencing existing adopted state codes. Mary McGetrick: That would be a larger code change, than this reference. Council Member Scroggin: I would hate for every 15th word in our code to say, we reference the State code and we reference the International Code. Council Member Hertzberg: Jonathan, would you recommend striking the definition? Jonathan Curth: I'm agnostic towards the issue. I don't disagree with the customer service aspect of providing that up front for people to understand. Conversely, when we work with a more professional element of development community, we have some references, like the building height that defer to building code. We haven't transferred that into our code. As the building code 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 23 of 33 changes over time, we don't have to keep changing our definition of a building height. If the Council is amenable to it, we could include something like that in a one sheet informational document like Mary referenced earlier. That may be an opportunity to not amend the ordinance if the Council preferred not too. Council Member Scroggin: I would much rather have this on the website. When you start defining stuff, it's incredibly cumbersome to go through. Just leaving it with the International and State code is what we should do. Council Member Turk: The reason why bedroom is so important is because that's how we define our occupancy limits. We have to have some way for the public to understand what a bedroom is and comply. Council Member Hertzberg: I would like to change my motion to move that we strike the definition, but we add some educational elements to the website to reference what this definition would be. Council Member Hertzberg made a motion to amend the ordinance to strike the definition but add some educational elements to the website to reference what this definition would be. Council Member Jones seconded the motion. Upon roll call the motion passed 6-1. Council Members Bunch, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Member Turk voting no. Council Member Kinion was absent during the vote. Council Member Turk: At the beginning of this conversation, Mary brought up the occupancy duration or requirements for six or nine months. I don't believe we voted on those. I would make a motion to require a nine month residency for a Type 1 rental in the State of Arkansas, along with the other requirements that have already been adopted into our proposed regulation. Council Member Gutierrez stated she would second that. Mary McGetrick: You mean that the owner or long term leaseholder would be required to live in their residence, nine months out of the year? Council Member Turk: I thought it was just for the owner. Mary McGetrick: It can be just for the owner. Do you want to apply it to long term lease holders or would you like to just apply it to the owner? Council Member Turk: We should apply it to both. Mary McGetrick: This is specifically for Type I? Council Member Turk: Correct. Mary McGetrick: A permanent resident in the State of Arkansas is 180 days. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 24 of 33 Council Member Bunch: And 270 is being proposed. Council Member Gutierrez: You're trying to include whoever is the person that is operating, that's doing a Type 1, has some sort of minimum and you propose, nine months. Correct? Council Member Turk: Correct. Council Member Bunch: Type 1 is the person that owns the house. It's a full time resident. Mary McGetrick: It's a full time resident, but it could be a long term lease holder or the person that owns the house. Council Member Turk made a motion to amend the ordinance to require a nine month residency for a Type 1 rental. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. The City Council received 3 public comments regarding this ordinance. Mary McGetrick: I have one cleanup item. In Section 163.18(2) of General Standards, the Short Term Rentals may be permitted in all zoning districts where hotel, motel uses are permitted by right. The amended language for the grace period, I believe we required persons to operate a Type 2 Short Term Rental would be required to get a Conditional Use Permit. There may be a small conflict and we might need to clarify that. City Attorney Kit Williams: We could clarify, except when they are permitted use. Council Member Petty made a motion to amend the ordinance to clean up language as described by Mary McGetrick. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams: The Council has done good work recently. They have improved this ordinance, especially putting the Sunset Clause on and trying to make it more equal between the people that have been operating illegally and all others. Despite that, I still can't as City Attorney recommend this. There's still the issue that a Short Term Rental, Type 2 can have 8, 10 or even more, because I think we removed the cap, when a long term renter could only have three or possibly four. That is another issue we could not get resolved. Because of that and also because there are some other internal inconsistencies within this ordinance, I can't recommend it. I do think it has been improved dramatically. I appreciate the Council doing that, especially the Sunset Clause. Council Member Scroggin: Thank you, Mary for working on this. As the Chair of the Ordinance Review, it's been really nice working with her. Not everything is going to be perfect. We have a Sunset Clause and let's push this forward with voting. There are things we are going to learn once it goes out and we can adjust things. If something is drastic, I trust my fellow Council Members and Mayor's Administration to make changes quickly. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 25 of 33 Mayor Jordan: We have been working on this ordinance for a very long time. Thank you to Mary, City Council and the Ordinance Review Committee for their work. This ordinance is not perfect and it's not going to make everybody happy, but these businesses have been operating outside of the law. It can be uncomfortable to adjust to being regulated, but that's exactly what needs to happen. We must regulate these types of rentals. Right now, they're illegal and unregulated, which is bad for residents, visitors, and this city. This ordinance is a good first step to bringing fair and logical regulations to Short Term Rentals in Fayetteville. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6427 as Recorded in the office of the City Clerk RZN-2021-033 (797 S. Cherry Ln./A&B Enterprises, Inc.): An ordinance to rezone that property described in rezoning petition RZN 21-033 located at 797 West Cherry Lane for approximately 1.02 acres from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate -Urban. At the April 6th, 2021 City Council meeting this item was left on the First Reading. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Members Bunch and Kinion were absent during the vote. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services gave a brief description of the City Council tour. He stated despite it being a 45 foot right of way, it is quite narrow. He stated it ranges from about 14 to 18 feet from edge to edge. He stated there was a decent amount of standing water in the southwest corner of the property. He stated the site tends to slope that direction, towards Dockery Lane and there's some concern that developing this site may have negative impacts on the neighboring homes to the West. He stated there was a question if the property was on a septic system and he was not able to verify that information between yesterday and today. He stated the sewer line and Cherry Lane did go in at the 1970's. He stated it is highly likely this property is connected to it today. He stated he was not able to verify if there was a septic system on site. He stated if the septic tank is still on site and the property is developed, the developer would be required to either fill it in or remove it. Michael Andrews, Applicant gave a brief description of the area. He stated if there is a septic tank, it would be removed and it's not difficult to do that. He stated the house would not stay there. He stated it would be razed and replaced within the design of whatever the city, architects and engineers agree on. Council Member Turk thanked the applicant and Jonathan for the tour. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 26 of 33 Council Member Gutierrez: I apologize that I wasn't able to make it to the tour. Were there any neighbors that were able to attend or voice any concerns? Mayor Jordan: Nobody was there. Council Member Turk and I were there, but that was it. The City Council received 3 public comments regarding this ordinance. Council Member Petty moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Turk: Jonathan, could you describe what the RI-U zoning requires, in terms of drainage? Jonathan Curth: The city's drainage standards are based more on the type of building being built, rather than the zoning district. In this instance, the RI-U zoning district allows single family, two family, three family and four family housing. The city's drainage standards kick in once you put more than two units on a lot. I've heard anecdotally from the applicant that they want to potentially put a couple quad plexes, but there's nothing tying them to that. If they were to build to that standard, they would be subject to the city's drainage standards, but not if they built a one or two family dwelling. Council Member Gutierrez: In RI-U, are they allowed to do up to three stories? Jonathan Curth: Yes. The same as the surrounding RSF-4 zoning district. Council Member Gutierrez: I hope there could be some conversations between the applicant and Mr. Ayala about any issues with the land ownership. Hopefully they can discuss drainage problems and be able to resolve it. This is on Huntsville Road and it seems like a great place to add a little bit of density, but I don't want to exacerbate drainage issues. Council Member Scroggin: There are two issues at a play on a lot of rezoning's that we look at. We have a lack of housing stock. Any house under $300,000 if it's priced right, you might get 30 or 40 offers on it. Those are 40 families that are trying to find a way to either come to Fayetteville or stay here. We have to look at drainage, but the rezone is not where you look at that. It's at Large Scale Development and it is other steps. We need to revisit our storm water prevention measures. I hope this conversation can continue and we can start looking at making it that people that are downhill of new development, aren't scared. This is reasonable and we need houses. The United States are 4 million houses short. We've got to develop, and we have got to develop right. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Council Members Bunch, Turk, Hertzberg, Jones, Petty, and Scroggin voting yes. Council Member Gutierrez voting no. Council Member Kinion was absent during the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 27 of 33 Ordinance 6428 as Recorded in the office of the City Clerk VAC-2021-015 (215 S. Vale Ave./Rock Creek Holdings): An ordinance to approve VAC 21- 015 for property located at 2015 South Vale Avenue to vacate a portion of public right-of-way between South Razorback Road and South Vale Avenue, as well as a portion of a 10-foot wide alley right-of-way. At the April 6th, 2021 City Council meeting this item was left on the First Reading. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director stated he had no updates on the ordinance and was available for questions. Kael Bowling, Applicant stated he did not have anything additional to add from the last meeting and was available for questions. Council Member Scroggin: Can you remind me why we held this? Jonathan Curth: It was atypical for a right of way vacation in that there were some conditions included by the Planning Commission where they recommended re -dedication of right of way on the south end of the property and also requiring any development along that new right of way, which was intended for a trail to meet the city standards, as though that trail were a street. Staff s position is still recommending denial of their request. We had concerns about connectivity. Council Member Scroggin: It was denial of the applicant's request or the Planning Commission's changes? Jonathan Curth: I don't remember exactly how I put it at the last meeting, but I think the Planning Commission's amendments made it a more palatable request. Staff s position is still recommending denial. We don't feel there's strong enough public street connectivity in the area. There are some private streets to the north that create the appearance of connectivity. Council Member Scroggin: We are a growing city and we definitely want to be able to keep connectivity. Council Member Hertzberg: Do you have any information on the volume of traffic that is accessing Vale Avenue? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 28 of 33 Jonathan Curth: I do not. We don't often have traffic counts on roads of Vale's size. It's generally more of an access road. A lot of people mistake it for a private road. It's kind of a frontage road for the railway line. Mayor Jordan: There's not much traffic going down there. Council Member Hertzberg: I would be in favor of this because it's more of an access road. I don't know that we need that much of a connection to it. I know that's important, but I did drive by and there's two private roads. They have the roads to those homes, so those people can access it. Is there one or two other access points? Jonathan Curth: Do you mean access points to this property or between Vale and Razorback? Council Member Hertzberg: Between Vale and Razorback. Jonathan Curth: Sligo is the only public street, but Junction Street off of Sligo and Netherland Way to the north of Sligo are private streets between Razorback and Vale. Council Member Gutierrez: Is there any plans right now to increase or work on Vale to make it less of an access road? What are the plans for that road? Jonathan Curth: I do not see it on any of the short term improvement list for street improvements. Council Member Petty: Isn't it the case that we would be unlikely to see improvements to Vale until that big industrial land to the right or some of the frontage to the left of Vale were developed? Even then, maybe only for the frontage in question. Jonathan Curth: That would be the typical requirement. A lot of that comes down to the scale of what is proposed. The applicant did share some conceptual drawings, for what appeared to be a pretty sizable multifamily building there. Depending on its scale and how it distributed its traffic, staff may have the authority through the Planning Commission to require much more substantive improvements. The typical requirement would be yes, just for the property's frontage. Council Member Petty: What is the extent to which the Fayette Junction Master Plan anticipates this area being developed? Jonathan Curth: The Fayette Junction plan was largely hinging on the idea that the railway spurred to the East and would develop and turn into a significant transportation hub. With or without that transportation hub, this property represents an area that could benefit the city from very intense development. It's located along Razorback Road with easy access to I-49 and several parks. The Fayette Junction plan did imagine it being intensely developed as well, but a lot of what occurred in this part of the Fayette Junction plan was intended to be tied into that rail head there. Mayor Jordan: That's right. I remember that plan and that was not included. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 29 of 33 Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Members Bunch and Kinion were absent during the vote. City Attorney Kit Williams read the ordinance. Jonathan Curth described the illustrated map of Fayette Junction. Council Member Petty stated his view of these maps is they are not meant to be set in stone but meant to communicate the concept and to get us thinking about the relative impacts and the kinds of things we need to do to make sure the general intent can be accomplished. He stated if more intense development occurred in this area, it would be rightful for the city for it to happen in this location. He stated he takes the recommendation to preserve the connectivity from the staff seriously against that future. He stated against what's there today, he could go with just about any proposal about the right of way but considering what we intend for the broader area in the future, the connectivity is especially important to plan for. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 2-5. Council Members Hertzberg and Jones voting yes. Council Members Bunch, Turk, Gutierrez, Petty, and Scroggin voting no. Council Member Kinion was absent during the vote. This ordinance failed. New Business: RPZD-2021-003: (2390 S. Dead Horse Mtn. Rd./Meadows at Stonebridge Sd): An ordinance to approve a Residential Planned Zoning District entitled R-PZD 21-003 for approximately 51.33 acres located at 2390 South Dead Horse Mountain Road to allow the development of 168 residential lots and 1 mixed use lot. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated considering the whole balance of issues, we felt that the applicant's proposals will take what is already permitted and create a foundation for a complete neighborhood in an area that is right now completely devoid of services and fully auto dependent. He stated staff is recommending approval of the request with conditions. He stated the Planning Commission forwarded the item recommending approval with a vote of 5 to 3. He stated public comment has been received from at least one neighbor, who is opposed to this request and would prefer to see the property developed under its existing zoning district with a Bill of Assurance. He stated the golf course expressed concern at the Planning Commission about trespassing and the Council was forwarded an item from their representative with comments about the existing infrastructure and the appropriateness of the existing entitlement. He stated they have asked that the item be left on this reading for further consideration. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 30 of 33 Bradley Bridges, Applicant gave a brief description of the property. He stated many of the things he has worked through are with the goals of the City Plan 2040. He stated he is trying to create a community that's walkable and reduce trips by adding some mixed use. He stated there is water and sewer right along Dead Horse Mountain Road. He stated since this is strictly a zoning, we are not bringing through a concurrent development at this time. He stated he will provide drainage that will meet or exceed the drainage criteria manual. He stated he will address any of those concerns at time of development once he brings a preliminary plat back through to the Planning Commission. He stated he is okay with the conditions. He spoke about the architectural renderings. He stated if Council sees fit, he would like to see a vote in favor of his request. Council Member Scroggin: In the 2009 PZD, what was the number of units allowed? What is the density on Peaceful Road, the subdivision right to the west? Jonathan Curth: The Riverwalk subdivision is developed at approximately between 2 and 2.5 units per acre, which is the first phase of the subdivision. I'm not as familiar with the subsequent phases. Council Member Scroggin: How many places of access are there to this subdivision? Is it just that one? Jonathan Curth: The Riverwalk subdivision has access at three existing points on Dead Horse Mountain. There is a future phase that will connect further south east along Dead Horse Mountain, as well. Council Member Scroggin: Right now, the houses that are proposed have three access points? Jonathan Curth: Are you talking about the existing Riverwalk subdivision? Council Member Scroggin: No, the new one. Jonathan Curth: One on the northern end of the property and the sliver of land that comes out to Dead Horse. Council Member Scroggin: Does that sliver of land include that bridge? Jonathan Curth: I believe that's all level surface. Bradley Bridges: There is not a bridge along our frontage. Jonathan Curth: The previous PZD was approved with an allowance for 350 dwelling units, 45,000 square feet of non-residential space and parking. The first phase was intended to be single family lots and that was 91 units. Council Member Scroggin: It was significantly larger in 2009 than the 2018 attempt and then, this one? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 31 of 33 Jonathan Curth: Correct. The preliminary plat in 2018 was about 140 lots. This one is 168. Council Member Scroggin: These are comparable to what was allowed almost more than a decade ago. We got an email that was talking about density. There was a Bill of Assurance that actually limited this a little bit more, but the building climate five years ago is significantly different than we are now. We are way shorter on houses now than we were then. I have a lot of mixed feelings about this one. I hope we table this. Council Member Turk: The sewer line will have to have additional piping to the lift station. Who pays for that? Jonathan Curth: This is based on the Engineering staff review of the 2016 plat, which would presumably have somewhat comparable comments, given the moderate unit count increase. Generally, what would be required with this is the addition of a gravity main to the north. There's a series of lift stations in the Stonebridge Meadows Golf Club property and into that subdivision. That main construction itself would be roughly almost 2,000 feet. To do that, it would have to be laid right next to a force main, which would necessitate acquiring additional easement from the golf course to cross their property. The developer would pay for those improvements, but ultimately it would be the city's responsibility to maintain them. Lift stations are often a concern for the city. They don't work on gravity. They have mechanical functions to them. Council Member Turk: The developer would pay for all of those costs. The right of way purchase or easement if it was needed from the golf course, the pipe and all the labor. It would just be the city that would have to maintain the Lift Station. Would there be a requirement to upgrade or increase the capacity of the Lift Station? Jonathan Curth: I don't believe so. From my understanding of the 2016 review of the project, Crafton Tull also worked on that subdivision. Bradley Bridges: We did do a sewer study. If requested during development, we could update that. There is already recorded easement for the additional line to go to the Lift Station that is located there. The City Council received 2 public comments regarding this ordinance. Council Member Scroggin: The easements that are having to go across the golf course, is that easements they already have or easements they have to purchase? Jonathan Curth: When I advised Council Member Turk that they would need additional easement, it sounded like Mr Bridges disagreed. My comments are based on the 2016 Preliminary Plat, which did show the need to acquire more easement. There's already a force main running from the lift station through the existing easement and having to put a gravity main right next to that does have minimum separation requirements. Looking at that 2016 plat, it looked like they were looking for a 37 foot easement. I don't know if the size of that would've changed at this point. The existing easement is about 20 feet. The documentation suggests that more is maybe needed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 32 of 33 Council Member Scroggin: Can we approve PZD's that are open ended and be able to be successful or not? City Attorney Kit Williams: It's something you can consider, whether or not they would be able to serve their development with sewer. They don't have condemnation powers to do that, so they would have to work out some sort of agreement with their neighbor to do that. The golf course did not sound too positive about that. This is certainly an issue the City Council needs to consider. Council Member Scroggin: I definitely want that handled. It's frustrating when private entities put themselves in a situation where they think the city or other municipalities are going to come in and use condemnation to fix their problem. I don't know if we need to almost write the PZD as conditional on them being able to get these things. How long do they have to develop on a PZD before it lapses? Jonathan Curth: Planned Zoning Districts don't lapse. Staff has brought them back before the Council, just in batches when they do seem to be several of them. Because of the highly prescriptive nature of PZD's, it means that once you get an approval for it, it's very unlikely that it can develop under a different circumstance. If a development was concurrently proposed with this, that would be subject to a one year approval, but the PZD itself does not have a defined expiration. This ordinance was left on the First Reading. ADM-2021-028: (3275 N. Oakland Zion Rd./Piepenbrok): A resolution to amend the Master Street Plan by removing a section of a planned Neighborhood Link Connection along North Oakland Zion Road and upgrading a section of East Bridgewater Lane from a Residential Link Street to a Neighborhood Link Street. Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated staff recommends approval. He stated the Planning Commission agreed to forward in favor. He stated the Transportation Committee recommended forwarding the item to Council with a vote of3to0. Kim Piepenbrok, Applicant gave a brief description of her item. Council Member Turk: Who started the proposal to realign the road? How did it get on the Master Street Plan? What process did it go through to get on there? Jonathan Curth: It predates my time with the city. I went back a couple decades of Master Street Plans and it has been on there for a while. It's a product of trying to create much longer range, longer vision circulation goals in the city. As we've matured in our thinking, we have established that instances in the planning area where we are improving streets may not be as valuable as we once thought when the city was growing rapidly and outwardly. I don't know how that one specifically got on there. I think every time the Master Street Plan came back; staff evaluated it and did not see a strong cause to remove it and it was left on there. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 20, 2021 Page 33 of 33 Mayor Jordan stated that went back to the 80's and had been on there for a while. City Attorney Kit Williams: In the past, there were some strange roads I saw on the east of town going over bluffs. I asked our Public Works Director as to why we do that. He said, they're just lines on a map. We take a much more careful attitude to that now. Council Member Gutierrez moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Hertzberg, Gutierrez, Jones, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. Resolution 121-21 as recorded in the office of the City Clerk Announcements: None City Council Agenda Session Presentations: None Adjournment: 10:00 p.m. Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Newly Revised Exhibit A Received 5/3/21 4:52 PM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Address or Ward* Marilyn Johnson Heifner Locate Your Ward Number Address Ward Address* 2216 S. Dead Horse Mountain Ex. 113 W Mountain St Phone Number 4795300676 Email mheifner@cox.net Meeting Body* City Council Agenda Item 2021PZD-2021-003 Dead Horse Mountain Rd. Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments As the owner of land adjacent to proposed residential planned zoning district for 2390 S. Dead Horse Mountain Rd., I wish to express my opposition to the proposed change. 1.Compatibility with surrounding This land is surrounded by Residential Agricultural land. This change would create an island of intense development in the middle of Residential -Agricultural Property. It would this significantly impact the surrounding property. North - Undeveloped; Golf Club R-A, Residential -Agricultural South -Undeveloped; Single -Family Residential R-A, Residential -Agricultural; Washington County East - Golf Club R-A, Residential -Agricultural West - Single -Family Residential R-A, Residential -Agricultural 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Staff found that the proposed zoning is not necessarily justified to accommodate development of this area. There was a previously -approved preliminary plat on this site under the property's current zoning of RSF-4, Residential Single -Family, 4 Units per Acre, that also met the requirements of the associated Bill of Assurance, which was not built. Why then is one with greater density needed? 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Staff found that the proposed PZD zoning will increase traffic, and possibly to a significant degree. With the addition of potentially 168 homes staff found this may negatively contribute to traffic counts on Dead Horse Mountain Road, with residents having no viable alternative transportation option. That said, with the addition of potential walkable services in the area, staff finds that this somewhat alleviates this concern. There are no walkable services in the area; nor are any indicated in the proposed development. The Planning Commission and the City Council have many times denied development of services at the intersection of Huntsville Road and Stonebridge Road. To approve this development based on a potential bike trail is irresponsible as indicated by Staff recommending a Traffic Impact Study. With past proposed development, it has been indicated that the sliver of land owned by the petitioner from the development to Dead Horse Mountain Rd. is sufficient land to construct a standard road leading into the property. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from its current zoning designation will significantly alter the potential population density in the area. Initial Engineering Division review indicates that utility extensions or upgrades are likely required, especially with regards to current water service to the site, which does not currently have the capacity to serve a development of this size. Staff finds that the proposal is in line with the goals in City Plan 2040 and adopted land use policies, though with its designation as a Rural Residential Area, is still not completely in line with that designation. The infill score for this site is also low, which appears to counter the City's stated goal towards making infill development a priority. The Master Street Plan, however, does classify Dead Horse Mountain Road as a Neighborhood Link Street, which calls for a design service volume of 6000 vehicle trips per day, indicating that future development could be absorbed should the street be redeveloped to those standards. Any proposed lots without frontage shall provide adequate access for water, sewer, and emergency services. Sufficient space for emergency vehicle turn -around is not provided according to plat without them using part of my property (as indicated on the plan). This property is no longer available for them to use. Thank you for your time. I hope you will not approve this rezoning. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: 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 leave the podium. Enter the text you want this field to display Received 04/30/21 1:29 PM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Toby Klein Address or Ward* Address • Ward Locate Your Ward Number Ward * Ward 4 Phone Number 8472878629 Email Tlklein@uark.edu Meeting Body* City Council Agenda Item C1 2021-0330 Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position In Favor Comments Thank you for allowing me to leave a comment on this. I appreciate your consideration of my feedback. I am who work with LGBTQ+ youth and adults, and while I will never speak for them, I do want to amplify their voices. They are scared. Their mental health is deteriorating. Simply living in Arkansas as a member of the LGBTQ+ community is terrifying --the wave of anti-LGBTQ+ legislation at the state level has made many members fear for their personal and physical safety. I have students asking me if it is safe to wear a pride -flag pin outside, or if it's safer for them to hide it. No one should have to hide their identity. Their identity as an Arkansan and an American is just as important as their identity as a member of the LGBTQ+ community. This resolution is incredibly important to remind our LGBTQ+ community that they are safe and welcome here in this town. Additionally, PRIDE is a large event that takes place in Fayetteville in the summer, and this resolution lets our visitors know they are welcome here. That is important not only for our community, but also for our local economy. PRIDE brings in revenue, which we all know is important as we reemerge from the pandemic. My students are asking me why strangers hate them without ever having met them. It's heartbreaking trying to answer a crying teenager, knowing the truth is that adults are making decisions to make their lives harder. You have a choice today to reaffirm the rights of this incredibly marginalized community, and I sincerely hope you'll consider showing love to your neighbor. Loving your neighbor as yourself can be put into action with this resolution. Thank you. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: 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 leave the podium. Enter the text you want this field to display Received 04/30/21 2:26PM CityClerk From: Lacey Jennen <laceyjennen@gmail.com> Sent: Friday, April 30, 2021 2:26 PM To: Gutierrez, Sonia; Jones, D'Andre; Kinion, Mark; Petty, Matthew; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Hertzberg, Holly; CityClerk Subject: Vote Yes! 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 afternoon, my name is Lacey Jennen and I am a resident of Fayetteville. I was born and raised here and attended the University of Arkansas. My family and I recently moved back to Fayetteville after having lived in Fort Smith for several years. We missed Fayetteville and everything about it while we were gone. I don't have to tell you all what makes Fayetteville so special, as you all already know and work so hard to keep it that way. We love the standards Fayetteville has set for itself to be unique, progressive, and such an amazing and inclusive place to live and raise a family. I know you all will do what you do best and that's to keep up the good work! Please vote YES on a resolution to reaffirm our City's commitment to protecting our transgender citizens. Thank you all for your service to our amazing city! Lacey Jennen Received 5/2/21 9:37 AM Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Caitlin Lambert Address or Ward* Address Ward Locate Your Ward Number Address* 1731 W Reap Drive Apt #C Ex. 113 W Mountain St Phone Number 4794455573 Email caitlambert@gmail.com Meeting Body* City Council Agenda Item PROTECT TRANSGENDER PEOPLE Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position In Favor Comments Please vote to protect transgender people. My gf is very important to me and I know that they are apart of the community in general. It's not fair or relevant to care about what gender someone is anymore. Please protect my gf and my friends who are transgender. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: 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 leave the podium. Enter the text you want this field to display Agenda Session Walk On 04/27/21 Legistar ID No.: 2021- AGENDA REQUEST FORM FOR: Council Meeting of May 4, 2021 FROM: Mayor Lioneld Jordan ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS, RESIDENTS, AND VISITORS APPROVAD FOR AGENDA: /ivlayor Lionu araan - Kit Williams City Attorney D to 41;,v , t ( Date 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff FROM: Kit Williams, CityAttorney Y��_---- DATE: April 27, 2021 RE: Reaffirming Fayetteville's Welcoming of All Persons Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Some of the Arkansas Legislature's recently passed bills have appeared to limit rights of persons whose gender identity may not match the gender assigned to the person at birth. Fayetteville voters rejected discrimination against transgender citizens and visitors when they voted to enact the Uniform Civil Rights Protection section into the Fayetteville Code in 2015. The express Purpose section of the Uniform Civil Rights Protection states: "Fayetteville is a welcoming, fair, and tolerant city which endeavors to ensure that all of its citizens and visitors will be free from unfair discrimination" and specifically sought to extend civil rights protection "to lesbian, gay, bisexual, and transgender citizens and visitors." The Fayetteville City Council has further expressed the welcoming and inclusive nature of Fayetteville and our residents by actions detailed in the proposed Resolution sponsored by Mayor Jordan and me. We believe this is an appropriate opportunity for the Fayetteville City Council to reaffirm Fayetteville's commitment to being a welcoming and tolerant community for all persons and visitors. RESOLUTION NO. A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS, RESIDENTS, AND VISITORS WHEREAS, on Jame 16, 2015, the Fayetteville City Council passed Ordinance No. 5781 and requested our citizens to vote to enact the Uniform Civil Rights Protection section into the Fayetteville Code; and WHEREAS, the express Purpose section of Uniform Civil Rights Protection states: "Fayetteville is a welcoming, fair, and tolerant city which endeavors to ensure that all of its citizens and visitors will be free from unfair discrimination;" and WHEREAS, the Purpose section specifically sought to extend civil rights protection "to lesbian, gay, bisexual, and transgender citizens and visitors;" and WHEREAS, on September 8, 2015, the citizens of Fayetteville voted to approve and enact the Uniform Civil Rights Protection section which stated in part: "The right of an otherwise qualified person to be free from discrimination because of sexual orientation and gender identity is the same right of every citizen to be free from discrimination because of race, religion, national origin, gender and disability as recognized and protected by the Arkansas Civil Rights Act of 1993;" and WHEREAS, although Arkansas Attorney General Leslie Rutledge sued the City of Fayetteville and after a three year litigation battle convinced the Arkansas Supreme Court to invalidate our citizen -passed Uniform Civil Rights Protection ordinance, Fayetteville's commitment to oppose discrimination against LGBT citizens, residents and visitors remains strong within our city and in the hearts of our citizens who voted to enact the ordinance; and WHEREAS, on April 3, 2018, the Fayetteville City Council passed a Resolution to Approve and Adopt the Welcoming Fayetteville PIan presented by Mayor Jordan; and WHEREAS, this Welcoming Fayetteville Plan affirmed that Fayetteville valued cultural diversity and sought to remove barriers that could impede any person from feeling welcomed and appreciated in Fayetteville; and WHEREAS, on October 20, 2020 the Fayetteville City Council enacted a Hate Crime Component for the City prosecutions into the Fayetteville Code which provided protection for our LGBT citizens, residents, and visitors; and WHEREAS, on February 18, 2021, the Fayetteville City Council unanimously passed Resolution 55-21 to support the Hate Crime Act which would protect LGBT victims which was being presented to the State Legislature by the Governor and many State Legislators. 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 affirms the City of Fayetteville's commitment to diversity and inclusion for all persons especially including our transgender neighbors and visitors. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby affirms our commitment to do everything in our power to honor and protect all persons regardless of their gender identity so that everyone will feel welcome and safe in Fayetteville. PASSED and APPROVED this 41h day of May, 2021. APPROVED: M. LIONELD JORDAN, Mayor ATTEST: KARA PAXTON, City Clerk/Treasurer 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 92-18 File Number: 2018-0190 WELCOMING FAYETTEVILLE PLAN: A RESOLUTION TO APPROVE AND ADOPT THE WELCOMING FAYETTEVILLE PLAN WHEREAS, in the Fall of 2016, Mayor Jordan was first introduced to the Welcoming City concept as a way to harness and foster the significant economic impact of new Americans in the region; and WHEREAS, beyond the economic impact, there is value in the cultural diversity that new Americans bring to our school and workplaces including better problem -solving and critical thinking skills; and WHEREAS, Mayor Jordan announced in his 2017 State of the City Address his intention to create a Welcoming Plan for the City of Fayetteville; and WHEREAS, throughout 2017, City staff met with stakeholders in various sectors and held multiple public input sessions to identify existing conditions, barriers, and areas to improve in order to present 25 recommendations for action in three categories - The Community, The Economic Impact, and The Future; and WHEREAS, adopting and implementing the Welcoming Fayetteville Plan is a natural extension of Fayetteville's values and hospitality and serves as a way to memorialize where we've been and where we are going as a diverse university City that brings cultures together. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves and adopts the Welcoming Fayetteville Plan, a copy of which is attached to this Resolution. Page 1 Printed on 414118 Resolution: 92-18 PASSED and APPROVED on 4/3/2018 Approved: Attest: Sondra E. Smith, City Clerk Treasurer a ;EliYkIICVIIII., w ref rl��r�r l t lS lri: 1�ty� ,1� Page 2 Panted on 414118 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6368 File Number: 2020-0709 AMEND §130.01 ADOPTION OF STATE CRIMINAL CODE: AN ORDINANCE TO AMEND § 130.01 ADOPTION OF STATE CRIMINAL CODE OF THE FAYE7TEVILLE CODE TO INCLUDE A HATE CRIME COMPONENT WITHIN CITY PROSECUTIONS OF CERTAIN STATE CRIMINAL MISDEMEANORS WHEREAS, the vast majority of states recognize that when certain crimes are committed to hurt or terrorize persons because of their race, religion, gender, gender identity, sexual orientation, disability or national origin, such especially reprehensible and unacceptable conduct should be properly identified and criminally punished as "hate crimes;' and WHEREAS, the Legislature has enacted A.C.A. §16-123-106, Hate offenses to authorize a civil action for intimidation, harassment, violence or vandalism directed at a victim because of racial. religious or ethnic animosity, but such victims deserve further protection; and WHEREAS, Arkansas is one of the last states in our nation which ignores the intentionally cruel and terrorizing nature of these hate crimes by failing to label them as hate crimes or to criminally punish the perpetrators for these hate crimes; and WHEREAS, the City of Fayetteville wishes to do everything legally possible to shine the light on those who commit such hate crimes; and WHEREAS, the City Council is "authorized and empowered to prohibit and punish any act, matter, or thing which the laws of this state make a misdemeanor" (A.C.A. § 14-55-501); and WHEREAS, "the penalties fixed by a city must fall within the state minimums and maximums." Ford r. City of Hot Springs, 294 Ark. 435, 743 S.W. 2d 394, 395 (1988); and Page 1 Printed on 10/21/20 Ordinance: 6368 File Number. 2020-0709 WHEREAS; a city ordinance based upon a state law making an act a misdemeanor must have the exact same punishment provision as that state criminal law and may neither exceed nor allow "less severe penalties... than are prescribed for similar offenses against the state laws' (A.C.A. § 14-55-502 State law to be followed); and WHEREAS, when a criminal commits acts in such manner as to be guilty of a state misdemeanor and commits such criminal conduct with the intention to hurt or terrorize the victim or others because of their race, religion, gender, gender identity, national origin, sexual orientation, or disability, the City Prosecutor should be able to present evidence of such hate crime intention to the Court and jury. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Article § 130.01 Adoption of State Criminal Code by repealing it in its entirety and enacting a replacement Article I §130.01 as follows: "130.01 Adoption by Reference of Appropriate State Criminal Misdemeanor Statutes as Violations of the Fayetteville Code with the Authorization for the Fayetteville City Prosecutor to also Prove a Hate Crime Element for such Violation. ' (A) This section shall be called the "Hate Cringe Recognition as Deterrence Code." (B) The City of Fayetteville hereby adopts by reference the Arkansas State Criminal Code for the following misdemeanors found within that Code and determines that any person who would be guilty of a misdemeanor pursuant to one of the below listed crimes and also commits such criminal conduct with the intention or purpose to hurt, intimidate or terrorize the victim or others because of their actual or perceived race, religion, gender, gender identity, national origin, sexual orientation or disability would be guilty of violating this Hate Crime Recognition as Deterrence Code and subject to the exact penalties prescribed for these misdemeanors pursuant to State Law. (I) Battery in the Third Degree, A.C.A. §5-13-203 (2) Assault in the Second Degree, A.C.A. §5-13-206 (3) Assault in the Third Degree, A.C.A. §5-13-207 (4) Coercion, A.C.A.§5-13-208 (5) Terroristic Threatening, A.C.A. §5-13-301 (6) Arson, A.C.A. §5-38-301 (7) Criminal Mischief in First Degree, A.C.A. §5-38-203 Page 2 Printed on 10/21/20 Ordinance: 6368 File Number. 2020-0709 (8) Criminal Mischief in Second Degree, A.C.A. §5-38-204 (9) Filing False report with law enforcement agency, A.C.A. §5-54-122 (10) Disorderly Conduct, A.C.A. §5-71-207 (11) Harassment, A.C.A. §5-71-208 (12) Harassing Communication, A.C.A. §5-71-209 (13) Communication a False Alarm, A.C.A. §5-71-210 (14) Threatening a fire or bombing, A.C.A. §5-71-211 (15) Cyberbullying, A.C.A. §5-71-217 (16) Stalking in the Third Degree, A.C.A. §5-71-229(c) This adoption by reference of the above listed sections of the Arkansas Criminal Code shall also include any and all future amendments to those identified sections relating to misdemeanors and punishments therefor. (C)The City Prosecutor shall report annually during the first City Council meeting in May of the number of suspects that the City Prosecutor's Officer has prosecuted under this Hate Crimes Recognition as Deterrence Code and the number of guilty verdicts; guilty or no contest pleas obtained for the previous annual period ending March 31. (D)Severability. If any word, phrase, clause, sentence, item, paragraph, section, or title of this ordinance or of the Hale Crimes Recognition as Deterrence Code is declared or adjudged to be illegal, invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance or Code which shall remain in full force and effect as if the portion so declared or adjudged illegal, invalid or unconstitutional was not originally a part of the ordinances or Cade. PASSED and APPROVED on 10/20/2020 Attest: ��tttitrt►►►► .�''� LERfC � "►� -k �. ' -.A h�E Kara Paxton, City Clerk Treasurer ; Ev1t4E ; ;= r"►►" `nN CQVta�``►`� Page J Printed on 10/21/20 6F vAlitrr�L v M c �'KAfi5�4 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 55-21 File Number: 2021-0140 SUPPORT HATE CRIMES ENACTMENT: A RESOLUTION TO SUPPORT THE ENACTMENT OF SENTENCE ENHANCEMENT FOR HATE CRIMES AS SET OUT IN SENATE BILL 3 AND HOUSE BILL 1020 TO BETTER PROTECT A VICTIM WHO WAS PURPOSELY SELECTED FOR CRIMINAL HARM BECAUSE OF RACE, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, OR OTHER PERSONAL ATTRIBUTE WHEREAS, in Arkansas, as well as most every other state in these United States, sometimes a criminal selects a victim for harm or oppression because of that person's race, religion, ethnicity, national origin, sexual orientation, gender identity, age, disability, sex or other personal attribute; and WHEREAS, if the prosecutor can prove beyond a reasonable doubt that such hatred motivated the crime, enhanced punishment is appropriate; and WHEREAS, during the 2021 Regular Session of the 93rd General Assembly of Arkansas two bills - Senate Bill 3 introduced by Senator Jim Hendren, and 1-louse Bill 1020 introduced by Representative Frederick Love would create a methodology for the enhancement of a sentence of imprisonment, the amount of a fine, and the length of period of probation, if specified attribute is shown to have led to a person's victimization by the criminal; and WHEREAS, the attributes proposed include past or current service in the armed forces of the United States, race, color, religion, ethnicity, ancestry, national origin, homelessness, gender identity, sex, sexual orientation, or disability; and WHEREAS, a criminal harming and victimize someone because of their personal attribute sends a horrible statement that such a victim should not be treated the same as every other human being; and Page 1 Printed an 2119121 Resolution: 55-21 File Number.• 2021-0140 WHEREAS, victimizing a person because their race, sex, religion or any other characteristic is totally and completely contrary to the individual protections and rights contained in the Constitution of the State of Arkansas and the Constitution of the United States, and to ideals of the Declaration of Independence. as well as our Pledge of Allegiance: "with liberty and justice for all;" and WHEREAS, the City Council of the City of Fayetteville, Arkansas, joins wholeheartedly with the Board of Directors of our Capitol City in support of these I -late Crimes bills so that Arkansas can join with almost every other state of these United State to provide added protection for those most often victimized by hateful criminals. 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 wholeheartedly joins with Little Rock to endorse and recommend approval of Arkansas [-late Crimes legislation as set forth in Senate Bill 3 and House Bill 1020 of the 2021 Regular Session of the 93rd Arkansas General Assembly. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby expresses their respect and appreciation to Senator Jirn Hendren ofGravette, Arkansas, and Representative Frederick J. Love of Mablevale, Arkansas, as the initial sponsors, and Representatives Fred Allen, Denise Jones Ennett, Tippi McCullough, and Joy Springer, and Senators Linda Chesterfield and Joyce Elliot of Little Rock, Arkansas, Representative Jamie Scott of North Little Rock, Arkansas, Representative Monte Flodges of Blytheville, Arkansas, Representative Nicole Clowney and Representative David Whitaker of Fayetteville, Arkansas, Representative Jay Richardson of Fort Smith, Arkansas, Representative Jay Wardlaw of Hermitage, Arkansas, Senator David Wallace of Leachville, Arkansas, Representative David Fielding of Magnolia, Arkansas, Representative Reginald Murdock of Mariana, Arkansas, Representative Milton Nicks, Jr., of Marion, Arkansas, Representatives Kenneth Ferguson and Vivian Flowers of Pine Bluff, Arkansas, and Representative Joe Jett of Success, Arkansas, for their filing or co-sponsorship of Senate Bill 3 and Flouse Bill 1020. PASSED and APPROVED on 2/18/2021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, April 27, 2021 4:30 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 Agenda Session Tentative Agenda April 27, 2021 Zoom Information: Public Registration Link: https://zoom.us/webinar/register/WN_NZduaxGMQ3- -gJHtKaOvYw Webinar ID: 965 2901 5566 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2020-0975 MONTHLY FINANCIAL REPORT A. Consent: A.1 2020-0875 APPROVAL OF THE APRIL 20, 2021 CITY COUNCIL MEETING MINUTES A.2 2021-0235 COMMUNITY RESOURCES DONATIONS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR THE COMMUNITY RESOURCES DIVISION IN THE TOTAL AMOUNT OF $11,509.00 REPRESENTING DONATIONS FROM CITIZENS AND LOCAL BUSINESSES City of Fayetteville, Arkansas Page 2 Printed on 412712021 City Council Agenda Session Tentative Agenda April 27, 2021 A.3 A.4 A.5 A.6 2021-0251 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO. 08: A RESOLUTION TO APPROVE TASK ORDER NO. 8 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $73,000.00 FOR CONTINUED NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS WITHIN COMPLETED RESTORATION PROJECT AREAS 2021-0294 BID # 21-31 LEWIS FORD: A RESOLUTION TO AWARD BID # 21-31 AND APPROVE THE PURCHASE OF TWO TRUCKS FROM LEWIS FORD OF FAYETTEVILLE IN THE TOTAL AMOUNT OF $151,680.00, FOR USE BY THE ANIMAL SERVICES DIVISION 2021-0295 MHC KENWORTH: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KENWORTH DUMP TRUCK FROM MHC KENWORTH OF SPRINGDALE, ARKANSAS FOR THE AMOUNT OF $167,000.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE TRANSPORTATION DIVISION 2021-0296 BID # 21-32 SUMMIT TRUCK GROUP: A RESOLUTION TO AWARD BID # 21-32 AND APPROVE THE PURCHASE OF ONE INTERNATIONAL TRUCK WITH KANN RECYCLING BODY FROM SUMMIT TRUCK GROUP OF LITTLE ROCK IN THE AMOUNT OF $191,000.00, FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION City of Fayetteville, Arkansas Page 3 Printed on 412712021 City Council Agenda Session Tentative Agenda April 27, 2021 A.7 2021-0297 SPRINGDALE TRACTOR: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KUBOTA TRACTOR AND A TRACK LOADER WITH FORESTRY MULCHER FROM SPRINGDALE TRACTOR FOR THE TOTAL AMOUNT OF $132,995.77 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT A.8 2021-0300 FEDERAL AVIATION ADMINISTRATION (FAA): A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENT APPROPRIATION ACT GRANT FROM THE FEDERAL AVIATION ADMINISTRATION IN THE TOTAL AMOUNT OF $57,162.00 TO PROVIDE PANDEMIC -RELATED CRISIS RELIEF TO DRAKE FIELD AIRPORT, AND TO APPROVE A BUDGET ADJUSTMENT A.9 2021-0286 ARKANSAS HISTORIC PRESERVATION PROGRAM: A RESOLUTION TO AUTHORIZE A GRANT AGREEMENT WITH THE ARKANSAS HISTORIC PRESERVATION PROGRAM FOR ACCEPTANCE OF A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $65,000.00 TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 4 Printed on 412712021 City Council Agenda Session Tentative Agenda April 27, 2021 A.10 A.11 A.12 2021-0284 J.R. STEWART PUMP & EQUIPMENT, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $32,942.89 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM J.R. STEWART PUMP & EQUIPMENT, INC. FOR THE REPAIR OF A PUMP AT THE GREGG AVENUE LIFT STATION 2021-0293 UNIVERSITY OF ARKANSAS MEMORANDUM OF AGREEMENT: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS ON BEHALF OF THE DIVISION OF AGRICULTURE FOR WATER QUALITY STUDIES FOR THE AMOUNT OF $37,631.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,763.10 2021-0282 MCCLELLAND CONSULTING ENGINEERS, INC. - 2019 FIRE FACILITIES BOND PROJECT: A RESOLUTION TO APPROVE TWO CONTRACTS WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE TOTAL AMOUNT OF $43,481.00 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE CONSTRUCTION OF FIRE STATIONS 8 AND 9, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 FIRE FACILITIES BOND PROJECT City of Fayetteville, Arkansas Page 5 Printed on 412712021 City Council Agenda Session Tentative Agenda April 27, 2021 A.13 2021-0279 MCCLELLAND CONSULTING ENGINEERS, INC. - 2019 POLICE HEADQUARTERS BOND PROJECT: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $29,515.00 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE NEW POLICE HEADQUARTERS FACILITY, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00 AND TO APPROVE A BUDGET ADJUSTMENT - 2019 POLICE HEADQUARTERS BOND PROJECT B. Unfinished Business: BA 2021-0276 RPZD-2021-003: (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 21-003 FOR APPROXIMATELY 51.33 ACRES LOCATED AT 2390 SOUTH DEAD HORSE MOUNTAIN ROAD TO ALLOW THE DEVELOPMENT OF 168 RESIDENTIAL LOTS AND I MIXED USE LOT At the April 20, 2021 City Council meeting this item was left on the First Reading. C. New Business: CA 2021-0302 PEACE AT HOME FAMILY SHELTER, INC.: A RESOLUTION TO PROVIDE PUBLIC NOTICE THAT THE CITY COUNCIL IS CONSIDERING THE SALE TO THE NONPROFIT PEACE AT HOME FAMILY SHELTER, INC. OF ABOUT FOUR ACRES OF LAND WHICH ADJOINS ITS CURRENT SHELTER City of Fayetteville, Arkansas Page 6 Printed on 412712021 City Council Agenda Session Tentative Agenda April 27, 2021 C.2 2021-0298 SRD BUILDERS, LLC: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH SRD BUILDERS, LLC FOR THE EXTENSION OF A 4-INCH WATER LINE ON WEST LAWSON STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $20,484.88.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $2,048.00 C.3 2021-0303 RZN-2020-032 (4023 W. WEDINGTON DR./RPA, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-032 LOCATED AT 4023 WEST WEDINGTON DRIVE FOR APPROXIMATELY 1.97 ACRES FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES CA 2021-0301 RZN 2021-035: (S.E. OF MORNINGSIDE DR. & HUNTSVILLE RD./PARK MEADOWS, PH. V): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-035 LOCATED SOUTHEAST OF MORNINGSIDE DRIVE AND HUNTSVILLE ROAD FOR APPROXIMATELY 0.66 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO CS, COMMUNITY SERVICES City of Fayetteville, Arkansas Page 7 Printed on 412712021 City Council Agenda Session Tentative Agenda April 27, 2021 C.5 2021-0304 RZN 2021-036: (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVEJADMIRAL EAST, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-036 LOCATED AT 216 AND 224 NORTH FLETCHER AVENUE AND 227 NORTH SUMMIT AVENUE FOR APPROXIMATELY 0.58 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE Agenda Additions 2021-0330 REAFFIRMING FAYETTEVILLE'S WELCOMING OF ALL PERSONS: A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS, RESIDENTS, AND VISITORS D. City Council Agenda Session Presentations: D.1 2021-0147 AGENDA SESSION PRESENTATION - SALES TAX REPORT BY PAUL BECKER ENERGY REPORT BY PETER NIERENGARTEN E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 412712021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0975 Agenda Date: 5/4/2021 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 412712021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0875 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A.1 APPROVAL OF THE APRIL 20, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 412712021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0235 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 COMMUNITY RESOURCES DONATIONS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT FOR THE COMMUNITY RESOURCES DIVISION IN THE TOTAL AMOUNT OF $11,509.00 REPRESENTING DONATIONS FROM CITIZENS AND LOCAL BUSINESSES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the total amount of $11,509.00 representing donations from citizens and local businesses to Ranger's Pantry, Animeals, Hearth Program, and Help a Neighbor Program. City of Fayetteville, Arkansas Page 1 Printed on 412712021 City of Fayetteville Staff Review Form 2021-0235 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Yolanda Fields 4/7/2021 Community Resources (642) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a budget adjustment to recognize and budget donations to Ranger's Pantry/ AniMeals/ Hearth/ Help A Neighbor in the amount of $ 11,509.00. Budget Impact: See Below CDBG- 2180 Account Number Fund See Below CDBG Donations Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? Yes Budget Adjustment $ 11,509.00 Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: 2180.642.4945-4809.00 32003.1 / 2180.642.4945-5390.01 32003.1 CITY OF _ FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Yolanda Fields, Community Resources Dire o DATE: April 7, 2021 SUBJECT: Approval of a Budget Adjustment for the Community Resources Division RECOMMENDATION: Staff recommends approval of a budget adjustment to recognize and budget donations to Ranger's Pantry / AniMeals / Hearth / Help a Neighbor in the amount of $11,509.00. BACKGROUND: Community Resources would like to recognize citizen donations to Ranger's Pantry $11,384.00 AniMeals $5.00 Hearth $20.00 Help A Neighbor $100.00 $11,509.00 DISCUSSION: The donations being recognized total $11,509.00. BUDGET/STAFF IMPACT: Increase Community Outreach Projects by $11,509.00. 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 /Org2 COMMUNITY RESOURCES (642) 2021 Requestor: Yolanda Fields BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of a budget adjustment to recognize and budget donations to Ranger's Pantry / AniMeals / Hearth / Help A Neighbor in the amount of $11,509.00. COUNCIL DATE: LEGISTAR FILE ID#: 5/4/2021 2021-0235 HoRy 3la,c,� 4/8/2021 7:30 AM Budget Director Date TYPE: JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 11,509 11,509 v.20210309 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2180.642.4945-4809.00 - 11,509 32003 1 RE Donations 2180.642.4945-5390.01 11,509 - 32003 1 EX CDBG Projects - Community Outreach Pr( H:\Budget Adjustments\2021_Budget\City Council\05-04-2021\2021-0235 CDBG Donations 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0251 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 WATERSHED CONSERVATION RESOURCE CENTER TASK ORDER NO.08: A RESOLUTION TO APPROVE TASK ORDER NO. 8 WITH THE WATERSHED CONSERVATION RESOURCE CENTER IN THE AMOUNT OF $73,000.00 FOR CONTINUED NATIVE VEGETATION ESTABLISHMENT EFFORTS AND MINOR ADJUSTMENTS WITHIN COMPLETED RESTORATION PROJECT AREAS WHEREAS, on January 3, 2019, the City Council approved Ordinance No. 6141 waiving competitive bidding and approving a Memorandum of Understanding with the Watershed Conservation Resource Center for a term of five years to establish a general framework of cooperation to seek funding, conduct stream restoration projects, and to work together on nonpoint source related issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Task Order No. 8 with the Watershed Conservation Resource Center in the amount of $73,000.00 for continued native vegetation establishment efforts and minor adjustments within the streams to ensure the continued success of completed restoration projects. City of Fayetteville, Arkansas Page 1 Printed on 412712021 City of Fayetteville Staff Review Form 2021-0251 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 4/6/2021 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of Task Order No. 08 in the amount of $73,000 with the Watershed Conservation Resource Center for continuing native vegetation establishment efforts and performing minor adjustments within the stream as necessary to ensure the continued success of completed restoration projects 4470.621.8810-5314.00 Account Number 02097.2015 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: 4470-Sales Tax Capital Improvements Fund Stormwater Quality Management (Stormwater Quality Mgmt/Nutrient Reduction) Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 225,739.00 $ 53,790.58 171,948,42 $ 73,000.00 98,948.42 V20180321 Previous Ordinance or Resolution # 6141 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Chris Brown, Public Works Director FROM: Alan Pugh DATE: April 6, 2021 CITY COUNCIL MEMO SUBJECT: Approval of Task Order No. 08 in the amount of $73,000 with the Watershed Conservation Resource Center for continuing native vegetation establishment efforts and performing minor adjustments within the stream as necessary to ensure the continued success of completed restoration projects. RECOMMENDATION: Staff recommends approval of Task Order No. 08 in the amount of $73,000 with the Watershed Conservation Resource Center for continuing native vegetation establishment efforts and performing minor adjustments within the stream as necessary to ensure the continued success of completed restoration projects. BACKGROUND: On January 3, 2019, City Council approved Ordinance Number 6141 to waive competitive bidding and enter into a memorandum of understanding (MOU) with the Watershed Conservation Resource Center (WCRC). The resolution expressed the City's desire to work jointly with the WCRC to identify, fund and complete stream restoration projects, work together on nonpoint source (NPS) related issues associated with reducing nutrients, and improving riparian and other natural areas. To that degree, the City and WCRC have completed several restoration projects though this partnership. These projects include but are not limited to: the White River Riverbank Stabilization Project, Niokaska Creek within Sweetbriar Park, Niokaska Creek within Gulley Park and the West Fork of White River Airport Site. This task order deals specifically with the West Fork White River Airport project. DISCUSSION: The MOU outlines a process by which task orders can be developed for various activities that are in line with the goal of reducing NPS pollution and restoring the City's streams. This Task Order is presented pursuant to the MOU and consists of continuing efforts to establish and maintain dense native vegetation as well as make minor modifications as necessary to the stream to ensure the continued success of the completed restoration projects. Establishment of a high -density riparian zone consisting of native vegetation is critical in creating stream and river restoration project that will, upon maturity of the vegetation, be able to Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 withstand the power of future flood events. This can take several growing seasons to achieve and ensure the native species are not overrun with invasive species. Also, minor adjustments occasionally need to be conducted within the stream or river channel restoration area to prevent cumulative degradation of the restoration project. This task order will provide funding to the WCRC to conduct activities on the WF White River Airport project and extension that help to ensure establishment of healthy, native vegetation and the channel stability of the restoration projects. This in turn will help to project the investments made by the City of Fayetteville to improve water quality, habitat and recreational values of our local streams and water bodies. BUDGET/STAFF IMPACT: The Stormwater Quality Management/Nutrient Reduction project has been designated in part to fund projects that improve stormwater quality in the City of Fayetteville and would be proposed as the source for the funds. Attachments: Task Order No. 08 Ordinance 6141 Memorandum of Understanding THE CITY OF FAYETTEVILLE, ARKANSAS TASK ORDER NO. 8 VEGETATION AND CHANNEL STABILITY ESTABLISHMENT WEST FORK WHITE RIVER RESTORATION AT FAYETTVILLE EXECUTIVE AIRPORT STATE OF ARKANSAS COUNTY OF WASHINGTON This Task Order is written pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 6141 executed on January 3, 2019. The referenced MOU pertains to potential stream restoration projects and associated services with the Watershed Conservation Resource Center (WCRC). This Task Order entered into and executed on the date indicated below the signature block by and between the City of Fayetteville and WCRC sets forth the project description, schedule and associated fees for services related to maintaining and tending to the West Fork White River (WFWR) restoration project located at the Fayetteville Executive Airport that was implemented using a combination of Engineering Division and grant -based funds. Section I - Project Description This project consists of ongoing maintenance of a river restoration project whose original implementation was funded, in -part, with City funds that came from the Engineering Division's budget. This Task Order will establish a framework to provide continued project establishment funds to support the WFWR Restoration work that was implemented at the Fayetteville Executive Airport. To date, the project has prevented 13,000 lb of Total Phosphorus loading to the WFWR. Establishment of a high -density riparian zone consisting of native vegetation is critical in creating stream and river restoration projects that will, upon maturity of the vegetation, be able to withstand the power of future flood events. Also, minor repairs need to be occasionally conducted within the stream or river channel restoration area to prevent cumulative degradation of the restoration project. To insure the long-term success of this project, the WCRC maintained and cared for the project, at their own expense after the expiration of the original grant. In 2015, the City has been providing financial support for ongoing maintenance activities in order to foster long-term success of this project that has helped to reduce sediment and nutrient loadings to Beaver Lake, our regions water supply source. The project was extended another 1,600 feet in 2020/21 and another wetland area was restored through an NRCS RCPP grant with 14 partners including the City of Fayetteville. This agreement will provide continued funding to the WCRC to conduct activities that help to continue to establish healthy, native vegetation and channel stability in order to protect the investment that the City has made to improve water quality, habitat, and recreational value of the WFWR. Section II - Project Timeframe The WCRC will conduct the work from March 1, 2021 to February 28, 2022. THE CITY OF FAYETTEVILLE, ARKANSAS Section III - Scope of Services The WCRC will perform services that are targeted to maintain and improve the long-term functionality of the WFWR restoration project that was implemented utilizing Engineering Division Funding. These services include two major components: 1) Stream restoration maintenance activities that help to create long-term stability and 2) Vegetation Management. Stream restoration maintenance activities include but will not be limited to a) minor hand repairs of structural components of the restoration b) removal of unintended gravel deposition within the project site c) repair of soil mattresses and d) re -setting of boulders that may become displaced. Vegetation maintenance and management activities include but are not limited to a) irrigation of vegetation during summer months b) removal of invasive vegetation and c) planting additional native plants to enhance vegetation density. These funds are intended to cover costs associated with minor and routine maintenance of the site. Repair of damage to the project resulting from large infrequent flood events are generally not covered under this agreement and will be addressed under supplemental agreements. But, if necessary, these funds can be used towards major repairs. Section IV - Fees and Payments WCRC will perform the above -referenced Scope of Services amounts not to exceed $73,000 for this agreement. Section V - Memorandum of Understanding in Effect Except as amended specifically herein, the Memorandum of Understanding Fayetteville shall remain in full force as originally approved. IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly executed as of the date and year first herein written. FOR THE CITY OF FAYETTEVILLE Mayor Lioneld Jordan Date: Attest: Kara Paxton, City Clerk FOR WATERSHED CONSERVATION RESOUCE CENTER 11 By : J A=. Sandi Formica Date: 13. 20 z i Attest: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6141 File Number: 2018-0723 WATERSHED CONSERVATION RESOURCE CENTER MOU: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND TO WORK TOGETHER ON NONPOINT SOURCE RELATED ISSUES WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional experts that strive to protect, conserve and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government; and WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed Conservation Resource Center has been instrumental in securing these grant funds due to its relationship with federal grant agencies and a proven track record of successful stream restoration projects; and WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center and the City to seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Page 1 Printed on 114119 File Number: 2018-0723 Ordinance: 6141 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding between the City of Fayetteville, Arkansas and Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues for the next five years. PASSED and APPROVED on 1/3/2019 Attest: Ld4---a 6,r Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 114119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 i Text File M File Number: 2018-0723 Agenda Date: 1/3/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 WATERSHED CONSERVATION RESOURCE CENTER MOU: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR A TERM OF FIVE YEARS TO ESTABLISH A GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND TO WORK TOGETHER ON NONP01NT SOURCE RELATED ISSUES WHEREAS, the Watershed Conservation Resource Center is a nonprofit organization with regional experts that strive to protect, conserve and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government; and WHEREAS, the City has successfully partnered with the Watershed Conservation Resource Center in the past to receive approximately $3,100,000.00 in federal grants for stream restoration and the Watershed Conservation Resource Center has been instrumental in securing these grant funds due to its relationship with federal grant agencies and a proven track record of successful stream restoration projects; and WHEREAS, the purpose of the Memorandum of Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center and the City to seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding between the City of Fayetteville, Arkansas and Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues for the next five years. City of Fayetteville, Arkansas Page 1 Printed on 11412019 City of Fayetteville Staff Review Form 2018-0723 Legistar File ID 1/3/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 12/12/2018 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct stream restoration projects and other nonpoint source pollution related issues. Budget Impact: 4470.621.8810-5817.00 Sales Tax Capital Improvement Account Number 02097.1 Project Number Budgeted Item? Yes Fund Stormwater Quality Management Project Title Current Budget $ 95,528.00 Funds Obligated $ 200.00 Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? NA Budget Adjustment $ - Remaining Budget 95,328.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 5645 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF _ FAYETTEVILLE f ARKANSAS MEETING OF JANUARY 3, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: December 12, 2018 CITY COUNCIL MEMO SUBJECT: Approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct stream restoration projects and other nonpoint source pollution related issues. RECOMMENDATION: Staff recommends approval to waive competitive bidding and renew a Memorandum of Understanding (MOU) with the Watershed Conservation Resource Center (WCRC) outlining a general framework for cooperation to seek funding and conduct stream restoration projects and additional nonpoint source pollution related issues. BACKGROUND: In January of 2014 the City Council approved ordinance 5645 which waived competitive bidding and approved the current MOU. This partnership has proven successful for many years as described further below. DISCUSSION: The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design -based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, ecological services and green infrastructure. The WCRC and the City have successfully partnered on multiple projects throughout this partnership. These projects have brought over $3,100,000 to the City for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Seven stream and streambank restoration projects have been implemented that have resulted in over 11,900 tons of sediment and 8,500 Ibs of total phosphorus reductions, annually from Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties WCRC has been instrumental in securing these grant funds due to their relationships with Federal grant agencies and their proven track record of successful stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville and will allow the City the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years. BUDGET/STAFF IMPACT: The proposed agreement has no budgetary impact. As tasks are identified, the "task order" with associated fee will be approved through the appropriate channels up to and including approval by the Mayor and City Council. Attachments: Ordinance 5645 Updated Memorandum of Understanding (MOU) MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center And City of Fayetteville This Memorandum of Understanding (MOU) is entered into and executed on the date indicated below the signature block, by and between the Watershed Conservation Resource Center, hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE. A. PURPOSE The purpose of this MOU is to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. Innovative approaches will be used in designing and implementing stream restorations that will result in improved water quality of the City's watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties' mutual interest. B. STATEMI NT OF MUTUAL, INTE;'RI;STS AND BENEFITS The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, conducting environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design - based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, ecological services, and green infrastructure. This MOU is of benel:it to the CITY OF FAYE'171'EVILLE because these activities will help to meet the objectives of the City's Nutrient Reduction Plan and will lead to both aquatic and terrestrial habitat restoration, improved water quality in the form of both phosphorus and sediment reductions, reduced streambank erosion, and improve aesthetics of local streams and rivers. This effort will also help to promote the use of alternatives to traditional channel modifications in both urbanizing and rural areas. The WCRC and the CITY OF FAYE'l-TEVILLF partnered and have obtained several grants for restoring streams within the City and surrounding areas and for assessing streams for stability and contaminant reduction. "These projects have brought over $3,100,000 to the City for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Seven stream and streambank restoration projects have been implemented that have resulted in over 11,900 tons of sediment and 8,500 lbs of total phosphorus reductions, annually from streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other partners to conduct more river restoration and assess urban streams and riparian areas to identify priority sites in need of restoration. In addition, the WCRC continues to monitor and maintain the four implemented stream restoration sites. C. FEES AND PAYMENTS No fee is associated with this MOU. As projects are identified by the City, a Task Order establishing the scope, fee, and payment terms for the project will be developed. The basis of this fee and justification for the fee shall be contained in an Appendix attached to each Task Order. Adjustment of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. In consideration of the above premises, the parties agree as follows: D. TIIE WCRC: 1. Shall seek funding opportunities for stream restoration projects and other projects related to reduction of non -point source pollution. 2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the City's procurement requirements, shall provide the services detailed in each Task Order. Said tasks may include: a. Identification of stream reaches that could benefit from stream restoration and prioritize, in streams within the City limits. b. Estimation of phosphorous reduction that would be realized for each priority stream restoration project. c. Assistance in developing grain applications for identified stream restorations and other non -point source pollution assessment projects. d. Vegetation establishment and management at City sponsored stream restoration projects. e. Assistance to the CITY OF FAYETTEVILLE in addressing other NPS related issues. 3. Shall accomplish other specific tasks as detailed in each Task Order. 4. Shall possess a valid contractor's license issued by the Arkansas Contractor's Licensing Board when the cost of the work to be done on any project undertaken on behalf of the City pursuant to this, MOU or any 'bask Order, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000.00) or more, as required by Ark. Code Ann. 17-25-101, el seq. A copy of the license shall be provided to the City at the time WCRC submits its proposal for such a qualifying project. E. TIIE CITY OF FAYETTEVILLE: 1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments and between the CITY OF FAYETTEVILLE and the WCRC. 2. Shall assist with project activities and tasks. 3. Shall provide review and input into the final restoration designs. 4. Shall oversee activities and coordinate staff needed for implementation of the restoration designs. 5. Shall provide documentation of all project activities and associated matching funds. 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES TIIAT: 1. FREEDOM OF INFORMATION ACT FOIA . CITY OF FAYETl-EVILLE contract and doewnents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Any information furnished to the WCRC under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552). 2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties. Changes, modifications, or amendments in scope (other than as specifically established in this MOU), price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the Mayor and/or the City Council in advance of the change in scope, cost or flees. 3. PARTICI.PA'1'ION IN SIMILAR ACTIVITIES. This instrument in no way restricts the WCRC or the CITY OF FAYIETTEVILLE from participating in similar activities with other public or private agencies, organizations, and individuals. 4. COMMLI ' ICEMLN'I L-'XI'IIZA'EION DATE. The instrument is executed as of the date ofthe last signature and is effective for five years. 5. PRINCIPAI, CONI]ACT'. The principal contacts for this instrument are Sandi Formica, Executive Director Watershed Conservation Resource Center 380 West Rock Street Fayetteville, AR 72701 Office Phone: 479-444-1916 Cell Phone: 501-352-5252 Office Fax: 928-396-2546 E-mail: forinicarci?witter�hcdconscrv7tio Chris Brown, P.E., City Engineer City of Fayetteville 113 W: Mountain Fayetteville, AR 72701 Phone: 479-575-8206 Fax: 479-575-8202 E-mail:cbrownyJla ctlevilie-u.t��' Alan Pugh, Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: a p hfia ettevi I le-ar. ov 6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of age, race, color, religion, sex, national origin, or disability. JPI'A - A - �__ Sandi J. Formic , Executive Director Watershed Conservation Resource Center s Sondra E. Smith, City Clerk/Treasurer City of Fayetteville Dec- al I Z.ofS, Date 01 D8 01� ate Date 11 ORDINANCE NO.5645 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A FIVE YEAR MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM RESTORATION PROJECTS WHEREAS, the City of Fayetteville has long worked with the Watershed Conservation Resource Center (WCRC) and funded quality stream restoration projects successfully completed by the Center; and WHEREAS, the provisions of the attached Memorandum of Understanding meet the City of Fayetteville's need for continuing stream restoration projects at little or no cost to the City; and WHEREAS, the Watershed Conservation Resource Center can efficiently and effectively provide this service at a significant savings to the citizens of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center to jointly seek funding and use such funding to design and construct stream restoration prc��ta tl�frP� authorizes Mayor Jordan to sign such Memorandum. •�� E�`�` r rrC''�r y g ��` Cry •' Y PASSED and APPROVED this 7`" day of January, 2014. FAYETTEu1LLw APPROVED: ATTEST:• •h I/Ullifli111►�� By:iL�- SONDRA E. SMITH, City Clerk/Treasurer Lm IBIT MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center And City of Fayetteville This Memorandum of Understanding (MOU) is entered into and executed on the date indicated below the signature block, by and between the Watershed Conservation Resource Center, hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE. A. PURPOSE The purpose of this MOU is to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. Innovative approaches will be used in designing and implementing stream restorations that will result in improved water quality of the City's watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties' mutual interest. B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, conducting environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design - based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. This MOU is of benefit to the CITY OF FAYETTEVILLE because these activities will help to meet the objectives of the City's Nutrient Reduction Plan and will lead to both aquatic and terrestrial habitat restoration, improved water quality in the form of both phosphorus and sediment reductions, reduced streambank erosion, and improve aesthetics of local streams and rivers. This effort will also help to promote the use of alternatives to traditional channel modifications in both urbanizing and rural areas. The WCRC and the CITY OF FAYETTEVILLE partnered and have obtained several grants for restoring streams within the City and surrounding areas and for assessing streams for stability and contaminant reduction. These projects have brought over $2,300,000 to the City for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Four stream and streambank restoration projects have been implemented that have resulted in over 4000 tons of sediment and 3,700 lbs of total phosphorus reductions, annually from streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other partners to conduct more river restoration and assess urban streams and riparian areas to identify priority sites in need of restoration. In addition, the WCRC continues to monitor and maintain the four implemented stream restoration sites. C. FEES AND PAYMENTS No fee is associated with this MOU. As projects are identified by the City, a Task Order establishing the scope, fee, and payment terms for the project will be developed. The basis of this fee and justification for the fee shall be contained in an Appendix attached to each Task Order. Adjustment of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. In consideration of the above premises, the parties agree as follows: D. THE WCRC: 1. Shall seek funding opportunities for stream restoration projects and other projects related to reduction of non -point source pollution. 2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the City's procurement requirements, shall provide the services detailed in each Task Order. Said tasks may include: a. Identification of stream reaches that could benefit from stream restoration and prioritize, in streams within the City limits. b. Estimation of phosphorous reduction that would be realized for each priority stream restoration project. c. Assistance in developing grant applications for identified stream restorations and other non -point source pollution assessment projects. d. Assistance to the CITY OF FAYETTEVILLE in addressing other NPS related issues. 3. Shall accomplish other specific tasks as detailed in each Task Order E. THE CITY OF FAYETTEVILLE: 1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments and between the CITY OF FAYETTEVILLE and the WCRC. 2. Shall assist with project activities and tasks. 3. Shall provide review and input into the final restoration designs. 4. Shall oversee activities and coordinate staff needed for implementation of the restoration designs. 5. Shall provide documentation of all project activities and associated matching funds. 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. FREEDOM OF INFORMATION ACT FOIA . CITY OF FAYETTEVILLE contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of information Act request is presented to the CITY OF FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Any information furnished to the WCRC under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552). 2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties. Changes, modifications, or amendments in scope (other than as specifically established in this MOU), price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the Mayor and/or the City Council in advance of the change in scope, cost or fees. 3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other public or private agencies, organizations, and individuals. 4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the last signature and is effective for five years. 5. PRINCIPAL CONTACT. The principal contacts for this instrument are: Sandi Formica, Executive Director Watershed Conservation Resource Center 380 West Rock Street Fayetteville, AR 72701 Office Phone: 479-444-1916 Cell Phone: 501-352-5252 Office Fax: 928-396-2546 E-mail: formica a &,atershedconservation.org Chris Brown, P.E., City Engineer City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Phone: 479-575-8206 Fax: 479-575-8202 E-mail: cbrown@ci_fayetteville.ar.us Sarah Wrede, E.I., Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: swrede(a)ci.fayetteyille.ar.us 6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of age, race, color, religion, sex, national origin, or disability. Sandi J. Fo xecutive Director Watershed Conservation Resource Center 1z �9 t3 ate Aioneld�Jord or ate City of Faye 4t'," Cc - J.'a. - Sondra E. Smith, City Clerk/Treasurer City of Fayetteville ��►t rt n»>�� 3�LERK 1 TRFAYMEVP LLE Fgf�� Date r Sarah Wrede Submitted By City of Fayetteville Item Review Form 2013-0244 Legistar File Number 1 /7/2014 City Council Meeting Date -Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with the Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. Does this item have a cost? No $0.00 Cost of this request n/a Account Number n/a Project Number Category or Project Budget $0.00 Funds Used to Date $0.00 Remaining Balance n/a Program or Project Name n/a Program or Project Category n/a Fund Name Budgeted Item? Budget Adjustment Attached? No V20130812 Previous Ordinance or Resolution # Original Contract Number: Comments: /a-8-/3 -, i, — 9_/0 0 4 � 1 1�• 0 52 Vie. ERE You created this PDF fr an application that is not licensed to print to novaPDF printer (httpJ1www.novapdf.90m) attL-le ANSAS� CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Sarah Wrede, Staff Engineer Date: December 18, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of January 7, 2014 Subject: An ordinance to waive competitive bidding and renew a Memorandum of Understanding with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. PROPOSAL The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between the Watershed Conservation Resource Center (WCRC) and the City of Fayetteville to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design -based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. The WCRC and the City have successfully partnered to receive over $2,300,000 in federal grants for water quality and other environmental improvements. WCRC has been instrumental in securing these funds due to their relationships with Federal grant agencies and their proven track record of successful stream restoration projects. This MOU will establish a continued partnership between the City and WCRC whereby the WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville, and will allow the City the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of five years. RECOMMENDATION Staff recommends approval of an ordinance to waive competitive bidding and to renew a Memorandum of Understanding with the Watershed Conservation Resource Center to continue a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. BUDGETIMPACT The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee, will be developed for approval by the Mayor and City Council. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A FIVE YEAR MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO JOINTLY SEEK FUNDING AND USE SUCH FUNDING TO DESIGN AND CONSTRUCT STREAM RESTORATION PROJECTS WHEREAS, the City of Fayetteville has long worked with -the Watershed Conservation Resource Center (WCRC) and funded quality stream restoration projects successfully completed the Center; and WHEREAS, the provisions of the attached Memorandum of Understanding meet the City of Fayetteville's need for continuing stream restoration projects at little or no cost to the City; and WHEREAS, the Watershed Conservation Resource Center can efficiently and effectively provide this service at a significant savings to the citizens of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville, Arkansas and the Watershed Conservation Resource Center to jointly seek funding and use such funding to design and construct stream restoration projects and authorizes Mayor Jordan to sign such Memorandum. PASSED and APPROVED this 7"' day of January, 2014. APPROVED: By: ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer THIS MOU WAS UPDATED PI.EASE SEE UPDATED VERSION MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center And City of Fayetteville This Memorandum of\blo;k,, anding (MOU) is entered into and executed on the date indicated below the signature y and between the Watershed Conowation Resource Center, hereinafter referred toC, and the CITY OF FAYETTEViLL'P-. A. PURPOSE The purpose of this MOU is to es blish a general fra wort{ for cooperation between the WCRC and the CITY OF FAYETTE ILLE to I) seek f riding and conduct stream restoration projects to achieve the common gal of restorin unstable sections of streams to a morphologically stable form utilizing a tur on nonpoint source (NPS) related issue riparian and other natural areas. Irmo implementing stream restorations that will watersheds and will address severe streamb habitat and maintaining a sustainable, natural mutual interest. cannel design approach and 2) to work together :ia4 with reducing nutrients and improving �proaches will be used in designing and 4 in improved water quality of the City's erosion, while restoring aquatic and terrestrial ,rology. Such cooperation will serve the parties' B. STATEMENT OF MUTUAL iNTERL7STS AND I�ENEFITS The WCRC is a nonprofit organizat' n that strives to rotect, conserve, and restore natural resources by utilizing the wateIsistance ed approach, cond ring environmental outreach, and providing planning and technical a to landowners, ommunities, and government. The WCRC principals are regional ex eras and local leaders in im lementing natural channel design - based strearn restorations that rneet multiple local and regi nal objectives relating to river channel instability, water qua[' y, ecological services, and green 'nfi•astructure. This MOU is of benefit to the CITY OF F YETTEVILLE because these act ities will help to meet the objectives of the City's N trient Reduction Plan and will lead t both aquatic and terrestrial habitat restoration, impr ved water quality in the form of both phosphorus and sediment reductions, reduced stre, nbank erosion, and improve aesthetics of loc streams and rivers. This effort will also help t prornote the use of alternatives to traditional hannel modifications in both urbanizing and r ral areas. The WCRC and tl CITY OF FAYETTEVILLE partnered and have obtained several grants for restoring streams within the City and surrounding areas and for assessing streams for stability and contamin/)rtunities reduction. These projects have brought over $3,100,000 to the City for water quality and oenvironmental improvements and have helped to create local partnerships and outreach opp in the areas of river restoration, riparian enhancement, and watershed planning. Seven strearn and streambank restoration projects have been implemented that have resulted in over 11,900 tons of sediment and 8,500 Ibs of total phosphorus reductions, annually THIS MOU WAS UPDATED PLEASE SEE UPDATED VERSION fi-om streambank erosion, restored both aquatic and terrestrial habitat, protected City infrastructure, and improved aesthetics of City Parks and other properties. The WCRC currently has three active projects with the City and other partners to conduct more river res oration and assess urban streams and riparian areas to identify priority sites in need of r Otoration. In addition, the WCRC continues to monitor and maintain the four implemented str m restoration sites. C. FEES AND PAYMENTS No fee is ass eiated with this MOU. As projects are identified by ie City, a Task Order establishing the cope, fee, and payment terms for the project will b developed. The basis of this fee and justi ation for the fee shall be contained in an App ndix attached to each Task Order. Adjustmen of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agi �e that there has been, or is to be, a signifi nt change in scope, complexity or character of the ser 'ces to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of rk from the time period specified n the Agreement for completion of work and such modificatio warrants such adjustment. In consideration of the above'premises, the parties agre/as follows: D. THE WCRC: 1. Shall seek funding opp -t] related to reduction of non- 2. Upon approval of specific T City's procurement requiren Said tasks may include: a. Identification of and prioritize, in b. Estimation of ph cities fors cam restoration projects and other projects int source ollution. •Ic Order by the Mayor or City Council, as required by the S. s 11 provide the services detailed in each Task Order. tre reaches that could benefit from stream restoration r ms within the City limits. Eiorou reduction that would be realized for each priority stream restoratiZeloping project. c. Assistance in .gr\miagement tions for identified stream restorations and other no point source sessment projects. d. Vegetation tablishment anat City sponsored stream restoratio projects. e. Assistan e to the CITY TEVILLE in addressing other NPS related-ssues.3. Shall accomplish other specific tasks aeach Task Order E. THE CITY OF FA ETTEVILLE: 1. Shall coordi to all activities within the City of Faye eville Divisions and Departments and /eethe CITY OF FAYETTEVILLE and the RC. 2. Shalith project activities and tasks. 3. Shalreview and input into the final restoration desi ns. 4. Shalactivities and coordinate staff needed for imple ientation of the restoration desi5. Shal documentation of all project activities and associated matching funds. 2 THIS .MOU WAS UPDATED PLEASE SEE UPDATED VERSION 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. FREEDOM OF INFORMATION ACT (FOIA), CITY OF FAYETTEVILLE contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the TY OF FAYETTEVILLE, the WCRC will do everything possible to provide the documents i a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A. .A.. §25-19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA y be assessed for this compliance. Any information furnished to the WCRC under this ins�41 it is subject to the Freedom of Information Act (5 U.S.C. 552), 2. MODIFICATION. Modificat ns within the scope of the instrument all be made by mutual consent of the parties. Change modifications, or amendments st scope (other than as specifically established in this M ), price or fees to this afire shall not be allowed without a prior formal contract amen lent approved by the M�4r,,enl and/or the City Council in advance of the change in scope, cost or es. 3. PARTICIPATION IN SIMILAR AC ' WCRC or the CITY OF FAYETTEVILL public or private agencies, organizations, and 4. COMMENCEMENVEXPIRATION DATE. last signature and is effective for five years. 5. PRINCIPAL CONTACT. The principal Sandi Formica, Executive Director Watershed Conservation Resourc 380 West Rock Street Fayetteville, AR 72701 Office Phone: 479-444-191 Cell Phone: 501-352-5) 2 Office Fax: 928-396 46 E-mail: formicarci4water edconser Chris Brown, P.E City Engineer City of FX4-575-8206 le 1 l 3 Wn Fayette72701 Phone: Fax:-8202 E-mail_�fa ettcvi[le-ar. ov ument in no way restricts the in similar activities with other instrument is executed as of the date of the this instrument are: Alan Pugh, Staff E. �ineer City of Fayetteville Phone: 479-575-8206 E-mail: anus-,h(Wavettevi 3 THIS .MOU WAS UPDATED PLEASE SEE UPDATED VERSION 6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against anv narenn hPrance of ncvP rneP. rnlnr relivinn ap.x natinnnl nrioin nr dicshility City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0294 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.4 BID # 21-31 LEWIS FORD: File Type: Resolution A RESOLUTION TO AWARD BID # 21-31 AND APPROVE THE PURCHASE OF TWO TRUCKS FROM LEWIS FORD OF FAYETTEVILLE IN THE TOTAL AMOUNT OF $151,680.00, FOR USE BY 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 awards Bid # 21-30 and approves the purchase of two Ford F-250s with Animal Service bodies from Lewis Ford of Fayetteville in the total amount of $151,680.00, for use by the Animal Services Division. City of Fayetteville, Arkansas Page 1 Printed on 412712021 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2021-0294 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/14/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to award Bid 21-30 for the purchase of two Animal Service trucks in the amount of $151,680.00 from Lewis Automotive Group out of Fayetteville, AR. Budget Impact: 9700.770.1920-5802.00 SHOP Account Number Fund 02078-2019 & '02078-2021 Light/Medium Trucks - Replacement Project Number Project Title Budgeted Item? Yes Current Budget $ 620,462.00 Funds Obligated $ - Current Balance L $ 620,462.00 Does item have a cost? Yes Item Cost $ 151,680.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 468,782.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 5, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: April 14, 2020 CITY COUNCIL MEMO SUBJECT: Purchase of two Animal Service Trucks for Animals Services RECOMMENDATION: Council awards Bid 21-30 to Lewis Automotive Group for the purchase of two Animal Service Trucks for Animals Services in the amount of $151,680.00. BACKGROUND: Units 2157 and 2185 are 2013/2015 Ford F-250 with an Animal Service body that have 14.7/15 and 12/15 points respectively. They have both also exceeded their life expectancies. DISCUSSION: Through Bid 21-30, two replacement F-250's with Animal Service Bodies can be purchased through Lewis Automotive Group of Fayetteville, AR for $75,840.00 each, for a total of $151,680.00. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected for each individual purchase. This item was approved at the April 13th, 2021 Equipment Committee meeting. Attachments: Bid Tab 21-30 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CJTV OF FAvfET'TEVILLE ARKAN SAS BID TABULATION BID 21-30, ANIMAL SERVICE BODY TRUCKS Total Cost Lewis Automotive Group Superior Automotive Group $151,680.00 $146,003.20 # Items Description Quantity Required Manufacturer Model Unit Price Total Cost Manufacturer Model Unit Price Total Cost #1-1 HEAVY DUTY 4X4 TRUCK 2 Ford F-250 $75,840.00 $151,680.00 Chevrolet Silverado 2500 $73,001.60 $146,003.20 *NOTICE: Bid award is contigent upon vendor meeting minimum specifications and formal authorization by City Officials. *Superior Automotive Group took warranty exceptions. They are considered disqualified. CITY OF FAYETTEVILLE ARKANS ARKANSAS Bid 21-30, Animal Service Body Trucks Project Overview Project Details Reference ID Project Name Project Owner Project Type Department Project Description Open Date Close Date Bid 21-30, Animal Service Body Trucks Bid 21-30, Animal Service Body Trucks Andrea Foren IFB Purchasing The City is seeking bids from qualified vendors for the purchase of two (2) Animal Service Body Trucks. Any questions concerning the bidding process should be addressed to Adonis Bwashi, City of Fayetteville Purchasing Agent, at abwashi@fayetteville-ar.gov or by calling (479)575-8258. Mar 07, 2021 12:00 AM CST Apr 07, 2021 3:00 PM CDT Highest Scoring Supplier Lewis Automotive Group Score 100 pts CITY OF FAYETTEVILLE ARKANS ARKANSAS Seal status Requested Information Bid 21-30, Required Documents and Signature Form Arkansas Secretary of State Filling # DUNS: Unsealed on Apr 07, 2021 3:01 PM CDT Apr 07, 2021 3:01 PM CDT Apr 07, 2021 3:01 PM CDT Bid 21-30, Bid Form (BT-17JQ) Apr 07, 2021 3:01 PM CDT Bid 21-30, Bid Form (Manually Apr 07, 2021 3:01 PM CDT Completed) Unsealed by Adonis Bwashi Adonis Bwashi Adonis Bwashi Adonis Bwashi Adonis Bwashi TOTAL BASE BID Apr 07, 2021 3:01 PM CDT Adonis Bwashi CITY OF FAYETTEVILLE ARKANS ARKANSAS Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Adonis Bwashi Apr 07, 2021 3:01 PM CDT No CITY OF .� FAYETTEVILLE ARKANSRKANSAS Public Notices Project Details Have Changed Adonis Bwashi, Mar 10, 2021 12:35 PM CST Bid 21-30, FILE 03 - Addendum #1 has been added to the bid documents and forms a part of the Bid Documents and updates the original Bidding Documents dated March 03, 2021. Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject the Bidder to disqualification. Project Details have changed Adonis Bwashi, Mar 17, 2021 1:30 PM CDT Bid 21-30, FILE 04 - Addendum #2 has been added to the bid documents and forms a part of the Bid Documents and updates the original Bidding Documents dated March 03, 2021. Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject the Bidder to disqualification. Deadline Extension for Bid 21-30, Animal Service Body Trucks - Addendum 3 Andrea Foren, Mar 31, 2021 12:28 PM CDT - Project Close Date changed - Project Public Files changed Addendum 3 has been issued to Bid 21-30, Animal Service Body Trucks and is available in the public files as "Bid 21-30, File 05 - Addendum 3". Please be advised the deadline has been extended and Addendum 4 will be issued at a later date. Please direct all questions to Andrea Foren at aforen@fayetteville-ar.gov. Project Public Files Changed Adonis Bwashi, Mar 31, 2021 5:51 PM CDT Addendum 4 has been issued to Bid 21-30, Animal Service Body Trucks and is available in the public files as "Bid 21-30, File 06 - Addendum 4". Please be advised the deadline has been CITY OF FAYETTEVILLE ARKANS ARKANSAS extended and Addendum 4 will be issued at a later date. Please direct all questions to Andrea Foren at aforen@fayetteville-ar.gov. ( T Y -- ��FAYETTEVILLE ARKANSASAS Submissions Supplier Lewis Automotive Group Date Submitted Mar 22, 2021 2:34 PM CDT Superior Automotive Apr 07, 2021 4:08 PM Group CDT Name Email Confirmation Code Patrick Harrington patrick@lewissuperstore.com MTMwMTQx MTMzMzg5 CIT of FA ETTEVILLE ARKAKANSASA$ Project Criteria Criteria Points Description Total Base Bid 100 pts Lowest price offered on the Unit and Minimum Specs met Bid 21-30, Technical Specifications Pass/Fail Does the bid meet all minimum specifications? Total 1100 pts CIT of FA EVILLE ARKANSKAA$ Scoring Summary Active Submissions Total Total Base Bid Bid 21-30, Technical Specifications Supplier 1100 pts / 100 pts Pass/Fail Superior Automotive Group 96.26 pts 96.26 pts ($146,003.20) Fail Lewis Automotive Group 100 pts 100 pts ($151,680.00) Pass CTv OF FAY ETTEVILLE ARKANSA$ Proposal Score Comments Lewis Automotive Group - Scoring Comments Total Base Bid - Reviewer Scores Reviewer Adonis Bwashi Score 100 pts ($151,680.00) Bid 21-30, Technical Specifications - Reviewer Scores Reason Reviewer Score Reason Adonis Bwashi Pass Meets the requirement(s) Comments Minimal technical specifications were met. Comments Technical specifications form was completed. CITY OF FAYETTEVILLE ARKANS ARKANSAS Superior Automotive Group - Scoring Comments Total Base Bid - Reviewer Scores Reviewer Score Adonis Bwashi 96.26 pts ($146,003.20) Bid 21-30, Technical Specifications - Reviewer Scores Reviewer Adonis Bwashi Score Fail Reason Comments Minimal technical specifications _ were not met, vendor took exceptions to warranty requirements Reason Comments Does not meet the requirement(s) Vendor took exception to required warranty specifications. CITY OF FAYETTEVILLE ARKANS ARKANSAS Signatures Name Andrea Foren (Project Owner) Adonis Bwashi (Evaluator) Signatures Andrea Digitally signed by Andrea Foren Date: 2021.04.08 12:39:27 Foren -05'00' Digitally signed by Adonis Bwashi -"A em cn=Adonis Bwashi, email=abwashi@fayetteville-ar.gov, c=US Date: 2021.04.08 12:00:05-05'00' City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0295 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.5 MHC KENWORTH: File Type: Resolution A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KENWORTH DUMP TRUCK FROM MHC KENWORTH OF SPRINGDALE, ARKANSAS FOR THE AMOUNT OF $167,000.00, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE TRANSPORTATION 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 a Kenworth dump truck from MHC Kenworth of Springdale, Arkansas for the amount of $167,000.00, pursuant to a Sourcewell cooperative purchasing contract, for use by the Transportation Division. City of Fayetteville, Arkansas Page 1 Printed on 412712021 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2021-0295 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/14/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of one Kenworth Tandem Axle Dump Truck using Sourcewell Cooperative Contract pricing in the amount of $167,000.00 through MHC Kenworth of Springdale, AR. Budget Impact: 9700.770.1920-5802.00 Shop Account Number Fund 02079.2021 Heavy Duty Vehicles Project Number Project Title Budgeted Item? Yes Current Budget $ 875,000.00 Funds Obligated $ - Current Balance $ 875,000.00 Does item have a cost? Yes Item Cost $ 167,000.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget 708,000.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: April 14, 2020 CITY COUNCIL MEMO SUBJECT: Purchase of One Dump Truck for Transportation RECOMMENDATION: Council approves the purchase of a Kenworth T880 Tandem Axle Dump Truck available off the Sourcewell Contract in the amount of $167,000 through MHC Kenworth of Springdale, AR. BACKGROUND: Unit 769 is a 2013 Kenworth Dump Truck that has 14/15 points. This vehicle has exceeded its life expectancy. DISCUSSION: A Kenworth T880 Tandem Axle Dump Truck is available off the Sourcewell Contract in the amount of $167,000 through MHC Kenworth of Springdale, AR. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected for each individual purchase. This item was approved at the April 13t", 2021 Equipment Committee meeting. Attachments: Sourcewell Quote Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 OZARK KENWORTH, INC. ("Dealer") doing business as; MHC KENWORTHIVOLVO - SPRINGDALE NEW TRUCK ORDER SPRINGDALE, AR 72762 4678 N 45TH ST 1-479-756-1200 PURCHASER ADDRESS -City of Fayetteville 113 W Mountain St BUSINESS PHONE OTHER PHONE CITY STATE ZIP CODE COUNTY DATE 479-575-8289 479-575-8257 Fayetteville AR 72701-6069 WASHINGTON 03/29/2021 QUANTITY YEAR MAKE MODEL BODY TYPE SALESPERSON 1 2022 KW T880 BRYAN WHITE STOCK NUMBER COLOR TO BE DELIVERED ON OR ABOUT FINANCIAL SOURCE 08/27/2021 Cash SERIAL NUMBERS PRICE OF VEHICLE(s) INCLUDING FET $167,000.00 2022 KENWORTH T880 TANDEM AXLE DUMP TRUCK 13' HILBILT MONGOOSE XL DUMP BODY (MEETS ALL SPECIFICATIONS REQUIRED BY THE CITY OF FAYETTEVILLE) KFNWORTH SOURCFLELL # 060920-KTC CITY OF FAYETTEVILLE # 34143 TRADE TERMS AGREEMENT APPLICABLE X❑ YES NOTE: If vehicle(s) are not funded within 15 days of truck receipt date at the dealer, customer will be charged a per diem amount per unit until units are fully funded. Customer has 60 days from delivery date of the truck to return and have any add-ons listed on the sales order completed. DESCRIPTION OF TRADE-IN OR TRADE ATTACHMENT YEAR MAKE MODEL SUBTOTAL $167,000.00 BUSINESS TAX SERIAL NUMBER MILEAGE SALES TAX LOCAL TAX BALANCE OWED TO TRADE DIFFERENCE REGISTRATION FEES TOTAL DELIVERED PRICE $167,000.00 LESS: TRADE-IN ALLOWANCE LESS: BALANCE OWED ON TRADE-IN TRADE-IN EQUITY LESS: CASH DEPOSIT SUBMITTED WITH ORDER PURCHASER'S CERTIFICATION CASH DUE ON DELIVERY (Includes above Taxes, but may not be inclusive of all Applicable Taxes) Purchaser and the person signing this Order on behalf of Purchaser hereby certify that: 1. Purchaser and the person signing this Order on behalf of Purchaser have carefully UNPAID BALANCE (Amount to be Separately Financed by Purchaser) Due in Cash on Delivery $167,040.00 READ ALL PAGES OF THIS ORDER reviewed the terms and conditions printed on the front and reverse side hereof, and agree to be bound thereby. The terms and conditions printed on the front and reverse side hereof represent the entire and integrated agreement between the parties relating to the purchase and sale of the Vehicle and cancels and supersedes prior negotiations, representations or agreements, either written or oral. THE TERMS AND CONDITIONS ON PAGE 2 HEREOF ARE PART OF THIS ORDER. THIS ORDER IS NOT VALID UNLESS SIGNED BY AND ACCEPTED BY AN AUTHORIZED MANAGER OF DEALER. 2. Purchaser and the person signing this Order on behalf of Purchaser have Carefully reviewed this Order and fully understand that the Vehicle listed above will be equipped only with the optional equipment specifically listed on the face of this Order plus all standard equipment as designated by the manufacturer at the time of delivery. THE PRICE OF THIS VEHICLE DOES NOT INCLUDE ANY APPLICABLE TAXES, WHICH ARE THE RESPONSIBILITY OF PURCHASER AS SET FORTH ON ALL PAGES HEREOF. ANY TAXES DISPLAYED ON THIS TRUCK ORDER ARE ESTIMATED. 3. The person signing this Order on behalf of Purchaser is of legal age to execute binding ACTUAL TAXES, AS APPLICABLE, WILL BE INVOICED TO THE contracts in this State. The person signing this Order on behalf of Purchaser has the PURCHASER AT THE PREVAILING TAX RATES AVAILABLE AT TIME OF authority and has been duly authorized to sign this Order on behalf of the Purchaser. VEHICLE INVOICE. ANY DELIVERY DATES INDICATED ON THIS ORDER ARE ESTIMATES AND SUBJECT TO THE MANUFACTURERS' PRODUCTION SCHEDULE AND FINAL APPROVAL. THIS ORDER CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES TERMS AND CONDITIONS ON PAGE 2 HEREOF ARE PART O�IiIS AGREEMENT SIGNED (AUTHORIZED REPRESENTATIVE OF PURCHASER) : DATE ACCEPTE R D �01 / ;/ (27-163648-235038) TRCK-SALE-WI-4.3-02-A (REV 05113) Customer Initials M HCUD1795000 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0296 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.6 BID # 21-32 SUMMIT TRUCK GROUP: A RESOLUTION TO AWARD BID # 21-32 AND APPROVE THE PURCHASE OF ONE INTERNATIONAL TRUCK WITH KANN RECYCLING BODY FROM SUMMIT TRUCK GROUP OF LITTLE ROCK IN THE AMOUNT OF $191,000.00, 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 awards Bid # 21-32 and approves the purchase of one International Truck with Kann Recycling Body from Summit Truck Group of Little Rock in the amount of $191,000.00, for use by Recycling and Trash Collection Division. City of Fayetteville, Arkansas Page 1 Printed on 412712021 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2021-0296 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/14/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to award Bid 21-32 for the purchase of one International truck with Kann Recycling Body in the amount of $191,000.00 from Summit Truck Group of North Little Rock, AR. Budget Impact: 9700.770.1920-5802.00 Account Number 02082-2021 SHOP Fund Recycling and Trash Vehicles Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title $ 1,522,000.00 $ 1,321,972.00 $ 200,028.00 $ 191, 000.00 Previous Ordinance or Resolution # Approval Date: 9,028.00 V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 5, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: April 14, 2020 CITY COUNCIL MEMO SUBJECT: Purchase of one Recycling Truck for Recycling and Trash Collection RECOMMENDATION: Council awards Bid 21-32 to Summit Truck Group for the purchase of one International truck with Kann Recycling Body in the amount of $191,000.00. BACKGROUND: Unit 4016 is a 2013 Freightliner with a Kann Recycling Body that has 13.4/15 and has exceeded its life expectancy. DISCUSSION: Through Bid 21-32, an International with a Kann Recycling Body can be purchased from Summit Truck Group for $191,000.00. This is the same style of Recycling truck that we currently have and have been purchasing for several years. No changes have been made; it is simply a replacement. It will take several months for this truck to arrive and ordering it as soon as possible is imperative. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected for each individual purchase. This item was approved at the April 13t", 2021 Equipment Committee meeting. Attachments: Bid Tab 21-32 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY nF FAYETTEVILLE AR KA N SAS BID TABULATION BID 21-32, RECYCLE TRUCK Total Cost Doggett Freightliner Summit Truck Group $188,603.00 $191,000.00 # Items Descriptions Quantity Required Manufacturer Model Unit Price Total Cost Manufacturer Model Unit Price Total Cost #1-1 CAB AND CHASSIS 1 Freightliner M2-106 $ 97,099.00 $ 97,099.00 International MV607 $ 99,496.00 $ 99,496.00 #2-1 RECYCLING BODY 1 Kann Versa Haul $ 91,504.00 $ 91,504.00 Kann KP2600/76 $ 91,504.00 $ 91,504.00 *NOTICE: Bid award is contigent upon vendor meeting minimum specifications and formal authorization by City Officials. *Doggett Freightliner failed to meet the warranty requirements. CITY OF FAYETTEVILLE ARKANSKANSAS Bid 21-32, Recycle Truck Project Overview Project Details Reference ID I Bid 21-32, Recycle Truck Project Name I Bid 21-32, Recycle Truck Project Owner I Adonis Bwashi Project Type I IFB Department I Purchasing The City is seeking bids from qualified vendors for the purchase of one Project Description (1) recycling trucks. Any questions concerning the bidding process should be addressed to Adonis Bwashi, City of Fayetteville Purchasing Agent, at abwashi@fayetteville ar.gov or by calling (479)575 8258. Open Date Mar 07, 2021 12:00 AM CST Close Date Apr 07, 2021 2:00 PM CDT Highest Scoring Supplier Summit Truck Group Score 100 pts CITY OF FAYETTEVILLE ARKANSKANSAS Seal status Requested Information Unsealed on Unsealed by Required Forms (Technical Apr 07, 2021 2:01 PM CDT Adonis Bwashi Specification & Signature Form) Arkansas Secretary of State Apr 07, 2021 2:01 PM CDT Adonis Bwashi Filling # DUNS: Apr 07, 2021 2:01 PM CDT Adonis Bwashi Bid 21-32, Bid Form (BT-58QY) Apr 07, 2021 2:01 PM CDT Adonis Bwashi ITEM 1 - CHASSIS Apr 07, 2021 2:01 PM CDT Adonis Bwashi MANUFACTURER ITEM 1 - MODEL Apr 07, 2021 2:01 PM CDT Adonis Bwashi ITEM 2 - BODY Apr 07, 2021 2:01 PM CDT Adonis Bwashi MANUFACTUER ITEM 2 - MODEL Apr 07, 2021 2:01 PM CDT Adonis Bwashi CITY OF FAYETTEVILLE ARKANS ARKANSAS Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Adonis Bwashi Apr 07, 2021 2:01 PM CDT No CITY OF .� FAYETTEVILLE ARKANSKANSAS Public Notices Project Details Have Changed Adonis Bwashi, Mar 10, 2021 12:40 PM CST Bid 21-33, FILE 03 - Addendum #1 has been added to the bid documents and forms a part of the Bid Documents and updates the original Bidding Documents dated March 03, 2021. Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject the Bidder to disqualification. Project Details Have Changed Adonis Bwashi, Mar 19, 2021 2:56 PM CDT Bid 21-33, FILE 04 - Addendum #2 has been added to the bid documents and forms a part of the Bid Documents and updates the original Bidding Documents dated March 03, 2021. Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject the Bidder to disqualification. CITY OF FAYETTEVILLE ARKANS ARKANSAS Submissions Supplier Date Submitted Name Doggett Freightliner Apr 06, 2021 8:51 AM Matt Wolfe CDT Summit Truck Group Apr 06, C 1 5:37 PM Robbin Haley Email matthew.wolfe@doggett.com robbin.haley@summittruckgroup.com Confirmation Code MTMyODEO MTMzMDg5 CITY OF .� FAYETTEVILLE ARKANSRKANSAS Project Criteria Criteria Points Description Total Base Bid 100 pts Lowest price offered on the Unit and meeting minimum specs required 20-48, Technical Specifications Pass/Fail Does the bid meet all minimum specifications? Total 100 pts CITY OF .� FAYETTEVILLE ARKANSRKANSAS Scoring Summary Active Submissions Total ITotal Base Bid Supplier I / 100 pts I / 100 pts Summit Truck Group 1 100 pts 1 100 pts ($191,000.00) Doggett Freightliner 1 98.75 pts 1 98.75 pts ($188,603.00) Generated on Apr 07, 2021 5:20 PM CDT - Adonis Bwashi Page 8 of 8 20-48, Technical Specifications Pass/Fail Pass Fail FAYETTEVILLE ♦PN1N51S Signatures Name Andrea Foren Andrea (Project Owner) Foren Signatures Digitally signed by Andrea Foren Date: 2021.04.08 12:58:33-05'00' Adorns Bwashi Digitally signed by Adonis Bwashi DN: cn=Adonis Bwashi, (Evaluator) email=abwashi@fayetteville-ar.gov,c=US Date: 2021.04.08 12:12:55 -05 00 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0297 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.7 SPRINGDALE TRACTOR: File Type: Resolution A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KUBOTA TRACTOR AND A TRACK LOADER WITH FORESTRY MULCHER FROM SPRINGDALE TRACTOR FOR THE TOTAL AMOUNT OF $132,995.77 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 Kubota Tractor and a Track Loader with Forestry Mulcher from Springdale Tractor for the total amount of $132,995.77 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 412712021 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2021-0297 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/14/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A Resolution to approve the purchase of Tractor and a Track Loader with Forestry Mulcher available for the Sourcewell Contract combined price of $132,995.77 through the Springdale Tractor and to approve a budget adjustment. Budget Impact: 9700.770.1920-5802.00 Account Number 02076.2019 & 02077.2020 & 02083.2021 Shop Fund Backhoes/Loaders, Construction Equipment & Tractors and Mowers Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title $ 358,000.00 $ 143,422.00 214,578.00 $ 132,996.00 $ 23,500.00 105,082.nr V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: April 14, 2020 CITY COUNCIL MEMO SUBJECT: Purchase of a Tractor and a Track Loader with Forestry Mulcher RECOMMENDATION: Council approves the purchases of a Tractor and a Track Loader with Forestry Mulcher available for the Sourcewell Contract combined price of $132,995.77 through Springdale Tractor and to approve a budget adjustment. BACKGROUND: This item is three purchases for two different departments but are consolidated due to utilizing the same contract, vendor, and may be combined on the same Purchase order. Airport Tug The Airport currently owns a Tug to transport personal aircraft from their hangar to the airfield or to fuel up. This Tug was purchased long ago from Millionair when the City took it over. It was never put on Fleet's records. This unit is extremely outdated and has been requiring increasing maintenance in the last couple years. Thankfully, the Airport has a project set up just for this. Track Loader with Forestry Mulcher Unit 6006 is a 2013 Bobcat skid steer and unit 814 is a 2007 Wacker Trench Roller. Both Units have exceeded their life expectancies. Fleet is recommending replacement of these units because Water & Sewer has also found a better way to utilize their funds. Unit 814 is a Trench Roller that isn't utilized often because they have a different roller. It is more cost effective to replace this item with something that will be used often and rent or borrow a trench roller in the times of need. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Airport Tug Upon review, the current Tug does not have the horsepower needed to pull many of today's aircraft. A small tractor will perform the same duties and can be more versatile with additional options. A Kubota L4060HST-LE Tractor is available in the amount of $22,995.09. Track Loader with Forestry Mulcher A Kubota tracked Skid Steer in the amount of $71,402.77 and a Forestry cutter in the amount $38,597.91. All three pieces of equipment are Sourcewell prices available through, Springdale Tractor for the combined total of $132,995.77. BUDGET/STAFF IMPACT: A budget adjustment will be presented to Council to move funds from Airport's project to Fleet's project for this purchase. Sufficient funds have been budgeted and collected for Skid Steer and Forestry Cutter. This item was approved at the April 13t", 2021 Equipment Committee meeting. Attachments: Sourcewell Quotes Budget Adjustment 1 1 '^ pr�ngdale 1\I Tractor Co. Springdale Tractor Berryville, 6160 W Sunset Avenue Springdale, All 72762 i AR Grove, OK Harrison, AR Pryor, OK Tulsa, OK 870423-5909 918-791.9070 970.743.8030 918.825-3445 918-224.1565 www pringdaletact8orr..com To: IN STORE PICKUP To: City Of Fayetteville FLEET OPERATION 1525 S HAPPY HOLLOW FAYETTEVILLE AR 72701 Branch 01 - SPRINGDALE Date Time Page 04/12/2021 13:53:04 (0) 1 Account No Phone No Inv No 02 FAYET001 4794443494 E08599 Ship Via Purchase Order Tax ID No Svwu. Gtvo NJ71 i' Salesperson BRAD HATHORN BH EQUIPMENT INVOICE Stoc 047632 Serial #: 201741 New 20 FE UML/SSL-150 New 2 0 FAE USA INC. UML/SSL-150 UNIVERSAL FORESTRY MULCHER sour well pricing x Sale # 01 Subtotal: ARKANSAS STATE 6.5%: TOTAL: Amount 35000.00 35000.00 2275.00 37275.00 Miscellaneous Charges/Credits & HANDLING FEE Qty: 1 Price: 89.00 89.00 Miscellaneous Charges/Credits Total: 89.00 Subtotal: 35089.00 ARKANSAS STATE 6.5t: 2280.79 Washington County Ark 1.5t: 526.34 7210 Springdale 2%: 701.78 CHARGE SALE: 38597.91 am engaged in the business of fanning vm machinery I have purchased will be used exclusively and directly In the agricultural of food or fiber as a business. I am aware that any false misrepresentation made by me in an purchase farm machinery and equipment free from Arkansas Sales Tax is a Misdemeanor.' C.Momer Signature X X rs-Nrchaser 9gnat.. X Dealer Signature Kubota Center • P.O. Box 10198 • Fayetteville, AR 72703 • 479-442-4476 4 Springdale Tractor Co. Ship jo: IN STORE PICKUP City Of Fayetteville FLEET OPERATION 1525 S HAPPY HOLLOW FAYETTEVILLE AR 72701 Springdale Tractor 6160 W Sunset Avenue Springdale, AR 72762 479-361-2518 Fax: 479-361-9125 wwwspringdaletractor.com Berryville, AR 870.423-5909 Grove, OK 918.791.9070 arnson, All 870.743.8030 Pryor, OK 918-825-3445 Tulsa, OK 918-224.1565 Branch 01 - SPRINGDALE Date Time Page 04/12/2021 13:55:09 ,(0) 1 1 Account No Phone No Inv No 00 FAYET001 479444349A E08601 Ship Via Purchase rder r Tax ID No Sur N L11-7ly Salesperson BRAD HATHORN BH MENT INVOICE Stock : 048966 Serial #: KBCZ064CLM1A60636 New 21 KU SVL97-2HFC New 2 1 KUBOTA SVL97-2HFC CTL/17.7" RUB TRKS/CAB/HYD QA/H F with 1cor guard, special app door, cylender guards,coupler cover, air ride seat Sale # 01 Subtotal: TOTAL: Subtotal: CHARGE SALE: Amount 71402.77 71402.77 71402.77 71402.77 71402.77 "I, am engaged in the business of fanning X and th farm machinery I have purchased will be used exclusively and directly in the agricultural pro ion of food or fiber as a business. I am aware that any false misrepresentation made by me in an Purchaser 5i azure atte p to purchase fans machinery and equipment free from Arkansas Sales Tax Is a Misdemeanor.' X Cs -Purchaser Signature x X Custanersignature e Kubota Center - P.O. Box 10198 - Fayetteville, AR 72703 - Deekr Signature 479-442-4476 source ttiiityTracmrs i C and AG-040 Itilityvahicies tJ PA Arkansas 4 CPA Delaware i lebraska 14777 Mississippi (CE Mississippi M L Series DIESEL Model # V: Tier IV En! Common I w/ DPF an 4 Cyl., 141 ^ 40.0 Net " 32.5 PT( @ 2600 EI 12V 60Am Radial Air Dual Air CI Open Cent Tandem Pi 4.7 gpm Pi 9.4 gpm R 14.1 gpm" Category I Lift Capacl At lift Pc 24" Beh FRONT Hydrostal Cast iron Tread Spi adjustabl< Bevel Ge: DRIVE 7 HST PLU 3 Forwarc Hi-Med4_c Mech. Wi Differenti, Cruise Cc FLUID C Fuel Tanh Cooling Front n FRONT REAR - ?kI I ®®1 L4060HST-LE WEB QUOTE #1950919 Date: 3/22/2021 11:28:51 AM iers-WM — Customer Information — ° Beeks , Jesse 1718 1673 City of Fayettville jbeeks@fayetteville-ar.gov 82OO M4 ., 4795758220 — Standard Features — I�b�fa. L4060HST LE IPMENT IN STANDARD MACHINE " . J�INE POWER TAKE OFF } CRE4GL2/GL3 1 Speed Rear Live — HYD. IND. 540 rpm @ 2550 Eng. rpm I irect Injection SAE 1-3/8 6 Splines R Electric over Hydraulic PTO Switch u.in. . HP DIMENSIONS Overall Height w/Cab 91.1" m Overall Length w/3pt. 129.5" 82CCA Wheel Base 74.6" Cooling Crop Clearance 15.9" er Element STANDARD EQUIPMENT S ROPS Certified Cab w/Retractable Seat Belt Gear Type Highback Adj. Swivel Seat w/ r Steering Deluxe i te/3 Pt. Hitch Suspension w/Arm Rests I Hyd. Flow Safety Start Switches t. Hitch Operator Presence Control System Parking Brakes 3858 lbs. Flat Deck w/Hanging Pedals 2756 lbs. Electric Key Shut-off 2 Front Work Lights LE Tilt Steering wer Steering Wide Anti -Slip Step front axle ISO Mounted Platform — Non- Turn Signals / Hazard Flashers SMV Sign ve Operator Presence Control System Telescoping Lower Links kIN 2 Tier Halogen Head Lights 4 Position Loader Valve Reverse One Piece Metal Hood Lange 12V Outlet and Cup Holder Ise Brakes Front Wiper w/ asher ick 60 Amp Alternator it Interior Light AC/Heater with Intemal/External rACITY Ventilation Speakers and Radio Wired ,5 gal. Horn = 7.9 qts. 7 qts IntelliPanelTM and .4 gal. Lighted Communications Symbols Yerential 6.9 qts. Standard Tachometer Digital Read for Speed, MPH, PTO it Estimate speeds, diagnostics system and DPF system Warning Symbols TIRES ALR6809B 16 R1 OTR Traction Master 24 R1 Titan Hi Power Lug TL Quote Provided By SPRINGDALE TRACTOR BRAD HATHORN 6160 W SUNSET AVE SPRINGDALE, AR 72762-0756 email: brad.hathom@kubotacenter.com phone:4794227561 — Custom Options — L4060HST-LE Base Price: $27,622.00 (1) DELUXE FIBERGLASS CANOPY KIT $409.00 E1134-DELUXE FIBERGLASS CANOPY KIT (1) FRONT GRILL GUARD KIT $281.00 L2M-FRONT GRILL GUARD KIT (1) MOUNTING BRACKET FOR CANOPY $202.00 El 1 3&MOUNTING BRACKET FOR CANOPY Configured Price: $28,514.00 Sourcewell Discount: ($6,273.08) SUBTOTAL: $22,240.92 Dealer Assembly: $99.17 Freight Cost: $405.00 PDI: $250.00 Total Unit Price: $22,995.09 Quantity Ordered: 1 Final Sales Price: $22,995.09 Purchase Order Must Reflect the Final Sales Price To order, place your Purchase Order directly with the quoting dealer equipment specifications are as complete as possible as of the date on the quote. Additional attachments, options, or accessories may be added (or deleted) at the ounted price. Ali specifications and prices are subject to change. Taxes are not included. The PDI fees and freight for attachments and accessories quoted may have additional charges id by the delivering dealer. These charges will be billed separately. Prices for product quoted are good for 60 days from the date shown on the quote. All equipment as quoted is subject to availability. 0 2018 Kubota Tractor Corporation. All rights reserved. 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: Move funds from Airport's project to Fleet's project for the purchase of a Kubota L4060HST-LE Tractor, to be Unit # 5108; PC# APMN_FO15 COUNCIL DATE: LEGISTAR FILE ID#: 5/4/2021 2021-0297 Ha y 3la cy 4/16/2021 8:06 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number 23,500 23,500 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20210309 Account Name 5550.760.3960-5802.00 (23,500) - 05046 1 EX Vehicles & Equipment - base 5550.760.3960-7602.70 9700.770.1920-6602.55 23,500 - - 23,500 05046 1 EX 02083 2021 RE Transfers To Funds - Shop Transfer from Fund -Airport 9700.770.1920-5802.00 23,500 - 02083 2021 EX Vehicles & Equipment - base H:\Budget Adjustments\2021_Budget\City Council\05-04-2021\2021-0297 BA Fleet Unit 5108 APMN_F015 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0300 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.8 FEDERAL AVIATION ADMINISTRATION (FAA): A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENT APPROPRIATION ACT GRANT FROM THE FEDERAL AVIATION ADMINISTRATION IN THE TOTAL AMOUNT OF $57,162.00 TO PROVIDE PANDEMIC -RELATED CRISIS RELIEF TO DRAKE FIELD AIRPORT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the federal Coronavirus Response and Relief Supplement Appropriation Act is providing $57,162.00 in crisis relief funding for Drake Field Airport; and WHEREAS, the grant stipulates that $23,000.00 is allocated for the airport and $34,162.00 is allocated to the contract tower. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Airport Coronavirus Relief Grant Program Grant Agreement, a copy of which is attached to this Resolution, to accept a Coronavirus Response and Relief Supplement Appropriation Act grant from the Federal Aviation Administration in the total amount of $57,162.00, for crisis relief related to the COVID-19 pandemic. 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 412712021 Summer Fallen Submitted By City of Fayetteville Staff Review Form 2021-0300 Legistar File ID 4/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/4/2021 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: Staff requests approval for the Aviation Division to accept a grant from the Federal Aviation Administration (FAA) for the CRRS Act Funding. The CRRS Act allocates $23,000 to our airport, (the Non -Primary) and $34,162 to the Contract Tower totaling $57,162 . This is a 100% grant with no matching funds required. Staff also requests Approval of a Budget Adjustment. Budget Impact: 5550.760.3960-5400.00 Federal Grants -Operational Account Number Fund 32004 FAA CRRS Act Grant Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? No Item Cost $ - Budget Adjustment Attached? Yes Budget Adjustment $ 57,162.00 Remaining Budget 57,162.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE 94W ARKANSAS TO: Lioneld Jordan, Mayor Fayetteville City Council THRU: Susan Norton, Chief of Staff FROM: Summer Fallen, Airport Services Manager DATE: May 4th, 2021 CITY COUNCIL MEMO SUBJECT: FAA CRRSA Grant Acceptance and Fund Recognition and Approval of a Budget Adjustment RECOMMENDATION: Staff requests approval for the Aviation Division to accept a Grant from the FAA in the amount of $57,162. Staff also requests Approval of a Budget Adjustment. BACKGROUND: Coronavirus Response and Relief Supplement Appropriation Act funding has been released by the FAA. This funding will provide crisis relief to airports affected by the prevention of, preparation of, and response to the COVID-19 pandemic. DISCUSSION: Funds were approved to offset loss of revenue as a result of the drastic decline of aviation operations throughout the country. There is a stipulation that states that $23,000 will be allocated for the nonprimary, which is the classification of the airport. The additional $34,162 is allocated to the contract tower. The City of Fayetteville does not pay any operation costs for the tower, so the FAA has been contacted in regard to how to utilize these funds. Economic relief will also ensure existing projects continue so we are ready to meet demand when our National Airspace System is operating at normal capacity. These funds may be utilized to offset a variety of operational costs including payroll and the purchase of fuel. BUDGET/STAFF IMPACT: The CRRS Act will provide $57,162. This is a 100% grant with no matching funds requirement. Funds will be added to the Airport Delphi account. Attachments: Staff Review Form City Council Memo CRRSA application Memo to City Attorney Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 3-05-0020-049-2021 U.S. Department Oof Transportation Airports Division FAA AROK ADO Federal Aviation Southwest Region 10101 Hillwood Parkway Administration Arkansas, Oklahoma Fort Worth, TX 76177 CRRSA Transmittal Letter April 14, 2021 The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Jordan: Please find the following electronic Airport Coronavirus Response Grant Program (ACRGP) Grant Offer, Grant No. 3-05-0020-049-2021 for Drake Field Airport. This letter outlines expectations for success. Please read and follow the instructions carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor's authorized representative. b. The sponsor's authorized representative must execute the grant, followed by the attorney's certification, no later than May 14, 2021 in order for the grant to be valid. c. You may not make any modification to the text, terms or conditions of the grant offer. d. The grant offer must be digitally signed by the sponsor's legal signatory authority and then the grant offer will be routed via email to the sponsor's attorney. Once the attorney has digitally attested to the grant, an email with the executed grant will be sent to all parties. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you drawdown and expend these funds within four years. An airport sponsor may use these funds for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. An airport sponsor may also these funds to cover lawful expenses to support FAA contract tower operations. Funds provided for FAA contract tower operations may not be used for any other purpose. Please refer to the ACRGP Frequently Asked Questions for further information. With each payment request you are required to upload an invoice summary directly to Delphi. The invoice summary should include enough detail to permit FAA to verify compliance with the Coronavirus Response and Relief Supplemental Appropriations Act (Public Law 116-260). For the final payment request, in addition to the requirement listed above for all payment requests, you are required to upload directly to Delphi: A final financial report summarizing all of the costs incurred and reimbursed, and An SF-425, and. A closeout report (A sample report is available here). 3-05-0020-049-2021 Until the grant is completed and closed, you are responsible for submitting a signed/dated SF-425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open). As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Femi Adeoye, P.E, (817) 222-5986 is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts. Sincerely, Z B Glenn A. Boles, Manager Arkansas/Oklahoma Airports District Office NJ 3-05-0020-049-2021 U.S. Department of Transportation Federal Aviation Administration AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM (ACRGP) GRANT AGREEMENT Part I - Offer Federal Award Offer Date April 14, 2021 Airport/Planning Area Drake Field Airport ACRGP Grant Number 3-05-0020-049-2021 Unique Entity Identifier 134398903 TO: City of Fayetteville (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA an Airports Coronavirus Response Grant Program (herein called "ACRGP") Application dated February 26, 2021, for a grant of Federal funds at or associated with the Drake Field Airport, which is included as part of this ACRGP Grant Agreement; and WHEREAS, the Sponsor has accepted the terms of FAA's ACRGP Grant offer; WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, the FAA has approved the ACRGP Application for the Drake Field Airport, (herein called the "Grant" or "ACRGP Grant") consisting of the following: This ACRGP Grant is provided in accordance with the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA Act or "the Act"), Division M of Public Law 116-260, as described below, to provide eligible Sponsors with funding for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. ACRGP Grant amounts to specific airports are derived by legislative formula (See Division M, Title IV of the Act). The purpose of this ACRGP Grant is to prevent, prepare for, and respond to coronavirus. Funds provided under this ACRGP Grant Agreement must only be used for purposes directly related to the airport. Such purposes can include the reimbursement of an airport's operational and maintenance expenses or debt service payments in accordance with the limitations prescribed in the Act. ACRGP Grants may be used to reimburse airport operational and maintenance expenses directly related to Drake Field incurred no earlier than January 20, 2020. ACRGP Grants also may be used to reimburse a Sponsor's payment of 3-05-0020-049-2021 debt service where such payments occur on or after December 27, 2020. Funds provided under this ACRGP Grant Agreement will be governed by the same principles that govern "airport revenue." New airport development projects not directly related to combating the spread of pathogens and approved by the FAA for such purposes, may not be funded with this Grant. NOW THEREFORE, in accordance with the applicable provisions of the CRRSA Act, Public Law 116-260, the representations contained in the Grant Application, and in consideration of (a) the Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Grant and in compliance with the conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costs incurred as a result of and in accordance with this Grant Agreement. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS Maximum Obligation. The maximum obligation of the United States payable under this Offer is $57,162, allocated as follows: $23,000 Non Primary KU2021 $34,162 Federal Contract Tower KT2021 2. Grant Performance. This ACRGP Grant Agreement is subject to the following federal award requirements: a. The Period of Performance: Shall start on the date the Sponsor formally accepts this agreement, and is the date signed by the last Sponsor signatory to the agreement. The end date of the period of performance is 4 years (1,460 calendar days) from the date of acceptance. The period of performance end date shall not affect, relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions, or budget periods. (2 Code of Federal Regulations (CFR) § 200.1) b. The Budget Period: 1. The budget period for this ACRGP Grant is 4 years (1,460 calendar days). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the budget period. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to §200.308. c. Close out and Termination. 1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor 3-05-0020-049-2021 does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the period of performance end date with the information available at the end of 120 days. (2 CFR § 200.344) 2. The FAA may terminate this ACRGP Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable. 3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the FAA has determined to be unallowable under the CRRSA Act. 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the Grant Application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages only. 5. Final Federal Share of Costs. The United States' share of allowable Grant costs is 100%. 6. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the Grant without undue delays and in accordance with this ACRGP Grant Agreement, the CRRSA Act, and the regulations, policies, standards, and procedures of the Secretary of Transportation ("Secretary"). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds three months or a 25 percent reduction in time devoted to the Grant, and request prior approval from FAA. The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this agreement and any addendum that may be attached hereto at a later date by mutual consent. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs unless this offer has been accepted by the Sponsor on or before May 14, 2021, or such subsequent date as may be prescribed in writing by the FAA. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner, including uses that violate this ACRGP Grant Agreement, the CRRSA Act or other provision of applicable law. For the purposes of this ACRGP Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement(s). The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or relate to this ACRGP Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from, directly or indirectly, this ACRGP Grant Agreement. 11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). 3-05-0020-049-2021 Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/SAM/pages/public/`index.isf. 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this agreement. 14. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 United States Code (U.S.C.) § 50101 the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 16. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/ . Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. 17. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non -Federal entity is eligible to participate in this Federal program by: Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non -Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non -Federal entity attesting the entity is not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm is not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions (e.g. sub -contracts). 3-05-0020-049-2021 c. Immediately disclose to the FAA whenever the Sponsor (1) learns the Sponsor has entered into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity. 18. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to this ACRGP Grant or subgrant funded by this Grant. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: A. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and B. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded by this ACRGP Grant. 19. Trafficking in Persons. You as the recipient, your employees, subrecipients under this ACRGP Grant, and subrecipients' employees may not — 1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect, 2. Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced labor in the performance of the award or subawards under the ACRGP Grant. b. The FAA as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — Is determined to have violated a prohibition in paragraph A of this ACRGP Grant Agreement term; or Has an employee who is determined by the agency official authorized to terminate the ACRGP Grant Agreement to have violated a prohibition in paragraph A.1 of this ACRGP Grant term through conduct that is either — A. Associated with performance under this ACRGP grant; or Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Non procurement),"as implemented by the FAA at 2 CFR Part 1200. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A during this ACRGP Grant Agreement. 3-05-0020-049-2021 d. Our right to terminate unilaterally that is described in paragraph A of this section: 1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and Is in addition to all other remedies for noncompliance that are available to the FAA under this ACRGP Grant. 20. Employee Protection from Reprisal. a. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: a. Gross mismanagement of a Federal grant; b. Gross waste of Federal funds; c. An abuse of authority relating to implementation or use of Federal funds; d. A substantial and specific danger to public health or safety; or e. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: a. A member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Federal office or employee responsible for oversight of a grant program; e. A court or grand jury; f. A management office of the grantee or subgrantee; or g. A Federal or State regulatory enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this ACRGP Grant Agreement may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint — A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c). 21. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the FAA prior to the date of this ACRGP Grant Agreement. 22. Face Coverings Policy. The sponsor agrees to implement a face -covering (mask) policy to combat the spread of pathogens. This policy must include a requirement that all persons wear a mask, in accordance with Centers for Disease Control (CDC) and Transportation Security Administration (TSA) 3-05-0020-049-2021 requirements, as applicable, at all times while in all public areas of the airport property, except to the extent exempted under those requirements. This special condition requires the airport sponsor continue to require masks until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective. SPECIAL CONDITIONS FOR SPECIFIC ACRGP FUNDING ACRGP FCT Operations. The Sponsor agrees that it will use the funds in this ACRGP Grant allocated specifically to cover lawful expenses to support Federal Contract Tower operations in accordance with the CRRSA Act, Public Law 116-260, Division M, Title IV. Use of these funds is limited to the following: expenses incurred by the Sponsor on or after December 27, 2020 to support Federal Contract Tower operations such as payroll, utilities, cleaning, sanitization, janitorial services, service contracts, and combating the spread of pathogens, which may include items generally having a limited useful life, including personal protective equipment and cleaning supplies, as well as debt service payments; and; b. eligible equipment for Federal Contract Tower operations defined in FAA Reauthorization Program Guidance Letter 19-02, Appendix A: FCT Minimum Equipment List, acquired on or after December 27, 2020; The Sponsor may not use funds allocated for Federal Contract Tower operations for other airport purposes. The Sponsor agrees to submit invoices for reimbursement for these funds separately from other invoices for funds provided in this ACRGP Grant. Funds not expended under this condition are subject to recovery by FAA. SPECIAL CONDITIONS FOR USE OF ACRGP FUNDS CONDITIONS FOR ROLLING STOCK/EQUIPMENT - 1. Equipment or Vehicle Replacement. The Sponsor agrees that when using funds provided by this grant to replace equipment, the proceeds from the trade-in or sale of such replaced equipment shall be classified and used as airport revenue. 2. Equipment Acquisition. The Sponsor agrees that for any equipment acquired with funds provided by this grant, such equipment shall be used solely for purposes directly related to the airport. 3. Low Emission Systems. The Sponsor agrees that vehicles and equipment acquired with funds provided in this grant: a. Will be maintained and used at the airport for which they were purchased; and Will not be transferred, relocated, or used at another airport without the advance consent of the FAA. The Sponsor further agrees that it will maintain annual records on individual vehicles and equipment, project expenditures, cost effectiveness, and emission reductions. CONDITIONS FOR UTILITIES AND LAND - 4. Utilities Proration. For purposes of computing the United States' share of the allowable airport operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor to operate 3-05-0020-049-2021 and maintain airport(s) included in the Grant must not exceed the percent attributable to the capital or operating costs of the airport. Utility Relocation in Grant. The Sponsor understands and agrees that: a. The United States will not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs; b. FAA participation is limited to those utilities located on -airport or off -airport only where the Sponsor has an easement for the utility; and c. The utilities must serve a purpose directly related to the Airport. Land Acquisition. Where funds provided for by this grant are used to acquire land, the Sponsor shall record the grant agreement, including the grant assurances and any and all related requirements, encumbrances, and restrictions that shall apply to such land, in the public land records of the jurisdiction in which the land is located. 10 3-05-0020-049-2021 The Sponsor's acceptance of this Offer and ratification and adoption of the ACRGP Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor. The Offer and Acceptance shall comprise an ACRGP Grant Agreement, as provided by the CRRSA Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to this Grant. The effective date of this ACRGP Grant Agreement is the date of the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. Dated April 14, 2021 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Glenn Boles (Signature) (Typed Name) Manager, AR/OK Airports District Office (Title of FAA Official) 11 3-05-0020-049-2021 Part II -Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the ACRGP Grant Application and incorporated materials referred to in the foregoing Offer under Part I of this ACRGP Grant Agreement, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the ACRGP Grant Application and all applicable terms and conditions provided for in the CRRSA Act and other applicable provisions of Federal law. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct. 1 Dated City of Fayetteville (Name of Sponsor) (Signature of Sponsor's Designative Official/Representative) By: Lioneld Tordan (Type Name of Sponsor's Designative Official/Representative) Title: Mayor (Title of Sponsor's Designative Official/Representative) 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 12 3-OS-0020-049-2021 CERTIFICATE OF SPONSOR'S ATTORNEY I, Kit Williams , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Arkansas . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the CRRSA Act. The Sponsor understands funding made available under this Grant Agreement may only be used to reimburse for airport operational and maintenance expenses, and debt service payments. The Sponsor further understands it may submit a separate request to use funds for new airport/project development purposes, subject to additional terms, conditions, and assurances. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. Dated at By: (Signature of Sponsor's Attorney) 13 3-05-0020-049-2021 AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM (ACRGP) ASSURANCES AIRPORT SPONSORS A. General. 1. These Airport Coronavirus Relief Grant Program (ACRGP) Assurances are required to be submitted as part of the application by sponsors requesting funds under the provisions of the Coronavirus Response and Relief Supplemental Appropriations Act of 2020 (CRRSA Act or "the Act"), Public Law 116-260. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 2. Upon acceptance of this ACRGP Grant offer by the sponsor, these assurances are incorporated into and become part of this ACRGP Grant Agreement. B. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this ACRGP Grant that: It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this ACRGP Grant including but not limited to the following: FEDERAL LEGISLATION a. 49 U.S.C. Chapter 471, as applicable b. Davis -Bacon Act — 40 U.S.C. 276(a), et. seq. c. Federal Fair Labor Standards Act — 29 U.S.C. 201, et. seq. d. Hatch Act — 5 U.S.C. 1501, et. seg. 2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et. sea. f. National Historic Preservation Act of 1966 — Section 106 — 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1974 — 16 U.S.C. 469 through 469c. h. Native Americans Grave Repatriation Act — 25 U.S.C. Section 3001, et. sea. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 — Section 102(a) — 42 U.S.C. 4012a. I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 — 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). 14 3-05-0020-049-2021 p. Age Discrimination Act of 1975 — 42 U.S.C. 6101, et. seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 — 42 U.S.C. 4151, et. seq. s. Power plant and Industrial Fuel Use Act of 1978 — Section 403- 2 U.S.C. 8373. t. Contract Work Hours and Safety Standards Act — 40 U.S.C. 327, et. sea. u. Copeland Anti -kickback Act — 18 U.S.C. 874.1. v. National Environmental Policy Act of 1969 — 42 U.S.C. 4321, et. seq. w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 — 31 U.S.C. 7501, et. seq. z y. Drug -Free Workplace Act of 1988 — 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246 — Equal Employment Opportunity b. Executive Order 11990 — Protection of Wetlands c. Executive Order 11998 — Flood Plain Management d. Executive Order 12372 — Intergovernmental Review of Federal Programs e. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building Construction f. Executive Order 12898 — Environmental Justice g. Executive Order 14005 — Ensuring the Future Is Made in All of America by All of America's Workers. FEDERAL REGULATIONS a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement). b. 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3,4 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment. d. 28 CFR Part 35 — Discrimination on the Basis of Disability in State and Local Government Services. e. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. f. 29 CFR Part 1— Procedures for predetermination of wage rates. 1 g. 29 CFR Part 3 — Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. 1 15 3-05-0020-049-2021 h. 29 CFR Part 5 — Labor standards provisions applicable to contracts covering Federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act). l i. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally assisted contracting requirements). 1 j. 49 CFR Part 20 — New restrictions on lobbying. k. 49 CFR Part 21— Nondiscrimination in Federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. I. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions. m. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Program. n. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. ' o. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. p. 49 CFR Part 30 — Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 32 — Government -wide Requirements for Drug -Free Workplace (Financial Assistance). r. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA). s. 49 CFR Part 41— Seismic safety of Federal and Federally assisted or regulated new building construction. FOOTNOTES TO ASSURANCE ACRGP ASSURANCE B.1. 1 These laws do not apply to airport planning sponsors. Z These laws do not apply to private sponsors. 3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses 4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement. 1. Purpose Directly Related to the Airport It certifies that the reimbursement sought is for a purpose directly related to the airport. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an official decision has been made by the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing 16 3-05-0020-049-2021 and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Good Title. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. 4. Preserving Rights and Powers. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with this Grant Agreement. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations, and the terms and conditions of this Grant Agreement. S. Consistency with Local Plans. Any project undertaken by this Grant Agreement is reasonably consistent with plans (existing at the time of submission of the ACGRP application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 6. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where any project undertaken by this Grant Agreement may be located. 7. Consultation with Users. In making a decision to undertake any airport development project undertaken by this Grant Agreement, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 17 3-05-0020-049-2021 8. Pavement Preventative Maintenance. With respect to a project undertaken by this Grant Agreement for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport, including ACRGP funds provided under this Grant Agreement. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 9. Accounting System, Audit, and Record Keeping Requirements. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the Grant supplied by other sources, and such other financial records pertinent to the Grant. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the Grant in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 10. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 11. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 12. Operation and Maintenance. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and 18 3-05-0020-049-2021 operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 13. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 14. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. 15. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services at an airport by only one fixed -based operator is not an exclusive right if — it is unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide the services; and b. allowing more than one fixed -based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport. 16. Airport Revenues. This Grant shall be available for any purpose for which airport revenues may lawfully be used to prevent, prepare for, and respond to coronavirus. Funds provided under this ACRGP Grant Agreement will only be expended for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport(s) subject to this agreement and all applicable addendums for costs related to 19 3-05-0020-049-2021 operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments as prescribed in the Act b. For airport development, 49 U.S.C. § 47133 applies. 17. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 18. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 19. Airport Layout Plan. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non -aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan 20 3-05-0020-049-2021 as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 20. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this Grant. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR Part 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other Federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities Facilities. Where it receives a grant or other Federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language 21 3-05-0020-049-2021 It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under this Grant and in all proposals for agreements, including airport concessions, regardless of funding source: "The City of Fayetteville, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT Acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. , 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: A. For the subsequent transfer of real property acquired or improved under the applicable activity, grant, or program; and B. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, grant, or program. C. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub - grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. D. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 21. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any activity that uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 22 3-05-0020-049-2021 22. Policies, Standards and Specifications. It will carry out any project funded under an Airport Coronavirus Relief Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects, as of February 26, 2021, included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 23. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 24. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACHE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 25. Acquisition Thresholds. The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per -unit acquisition cost equal to or greater than $5,000. Procurements by micro - purchase means the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000, unless authorized in accordance with 2 CFR § 200.320. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods or services that do not exceed the $250,000 threshold for simplified acquisitions. 23 3-05-0020-049-2021 Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects View the most current Series 150 Advisory Circulars (ACs) for Airport Projects at http://www,faa.gov/airports/resources/advisory circulars and http://www.faa.gov/regulations policies/advisory circulars 24 CITY OF FAYETTEVILLE ARKANSAS TO: Kit Williams, City Attorney FROM: Summer Fallen, Airport Manager DATE: April 15, 2021 SUBJECT: FAA CRRSAA Funding Please let this memo serve as certification that the airport has completed the FAA grant accurately and that the said facility is neither out of compliance nor in any federal debt. This grant does not require competitive bid, contract execution, or matching funds. All federal grant assurances are followed by the airport and I am aware that any false, fictitious, or fraudulent statements may be subject to criminal, civil, or administrative penalties Respectfully Submitted, s ?S Summer Fallen Airport Services Manager 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 AIRPORT SERVICES (760) 2021 /Org2 Requestor: Summer Fallen BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff requests approval of a budget adjustment in the amount of $57,162.00 from the FAA CARES Act. This provides funding in response to the COVID-19 Pandemic, and will be used to offset loss of revenue related to the reduction of operations in the amount of $23,000. The remaining $34,162 is reimburseable based on approved tower expenses. COUNCIL DATE: LEGISTAR FILE ID#: 5/4/2021 2021-0300 HoV y 3lackl VW2021 7:05 ,4M Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number 34,162 34,162 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20210309 Account Name 5550.760.3940-4309.01 - 23,000 32004 RE Federal Grants - Operational 5550.760.3940-4999.99 5550.760.3960-5400.00 - 34,162 (23,000) - RE 32004 EX Use Fund Balance - Current Building & Grounds - Maintenance 5550.760.3960-4309.00 - 34,162 32004 RE Federal Grants - Capital H:\Budget Adjustments\2021_Budget\City Council\05-04-2021\2021-0300 BA FAA CARES Act grant 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0286 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.9 ARKANSAS HISTORIC PRESERVATION PROGRAM: A RESOLUTION TO AUTHORIZE A GRANT AGREEMENT WITH THE ARKANSAS HISTORIC PRESERVATION PROGRAM FOR ACCEPTANCE OF A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $65,000.00 TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on December 15, 2020, the City Council approved Resolution 319-20 authorizing Mayor Jordan to apply for a Certified Local Government grant through the Arkansas Historic Preservation Program to create a community preservation plan, which will function as a blueprint for addressing the diverse culturally significant and historic properties in Fayetteville; and WHEREAS, the grant funds are also proposed to be used to conduct a cultural resource survey of the University Heights and Haskell Heights neighborhoods, both of which the Arkansas Historical Preservation Program has identified as important areas because of the early farmhouses that remain in the area and the number of houses that have connections to University of Arkansas faculty. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Certified Local Government Program Grant Agreement, a copy of which is attached to this Resolution, for acceptance of a grant through the Arkansas Historic Preservation Program in the amount of $65,000.00 for the purpose of funding consultant services to produce a citywide historic preservation plan and a historic context study for the University Heights and Haskell Heights neighborhoods. 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, recognizing the grant funds. City of Fayetteville, Arkansas Page 1 Printed on 412712021 Mary McGetrick Submitted By City of Fayetteville Staff Review Form 2021-0286 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/13/2021 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: Approval to accept a grant award in the amount of $65,000 from the Arkansas Historic Preservation Program (City match portion up to $20,000) including approval of a budget adjustment. Budget Impact: 1010.090.6600-5314.00 General Fund Account Number Fund 32011 Historic Preservation Master Plan Grant (CLG) Project Number Budgeted Item? Yes Does item have a cost? No Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 20,000.00 $ 20,000.00 $ 65,000.00 85,000.00 V20180321 Previous Ordinance or Resolution # 319-20 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor; Fayetteville City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Mary McGetrick, Long -Range Planning and Special Projects Manager DATE: April 13, 2021 SUBJECT: Approval of a contract with the Arkansas Historic Preservation Program to receive a Certified Local Government grant (21-CLG-04) in the amount of $65,000 and approval of a budget adjustment to receive the grant funds. RECOMMENDATION: Planning Staff recommends approval of a contract with the Arkansas Historic Preservation Program to receive a Certified Local Government grant in the amount of $65,000. This resolution(319-20) included a budget adjustment appropriating matching funds in the amonunt of $20,000. The funding will pay for the following. BACKGROUND: Planning staff has applied for and received a Certified Local Government (CLG) grant, as approved by Council at the December 15th, 2020 City Council meeting, in the amount of $65,000, to pay for the following; Community Preservation Plan: This plan is considered a historic preservation master plan for the city. It would identify resources for future survey and National Historic Register listing as well as assessing current preservation efforts, plan for new initiatives, and make the case for preservation to decisionmakers and community members. The plan would also assist in defining goals for future CLG grant projects. University Heights Cultural Resource Survey: As part of the wider survey a broad cultural and historical context survey of University Heights area would be completed. This would include historical development patterns, history, and recognition of historically significant structures or groupings in the area. BUDGET/STAFF IMPACT: A budget adjustment is proposed in the amount of $65,000 for the City to receive the grant funds. Attachments: ■ Certified Grant Agreement Documents ■ Staff Review Form ■ Budget Adjustment Form Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CERTIFIED LOCAL GOVERNMENT PROGRAM GRANT AGREEMENT Grant Number 21-CLG-04 This agreement is entered into between the City of Fayetteville, Arkansas, hereinafter referred to as the City, and the Arkansas Historic Preservation Program, hereinafter referred to as AHPP. AHPP agrees to provide a grant in the amount of $65,000 for the purpose of funding consultants' services to produce a citywide historic preservation plan and a historic context study for the University and Haskell Heights area. THIS GRANT IS FOR THE ACCOMPLISHMENT OF THE PURPOSE, OBJECTIVE AND SCOPE OF WORK HEREIN DEFINED. SCOPE OF WORK TASK A. The City will fund consultants' services to produce a citywide historic preservation plan. $45,000 is designated for this activity. TASK B. The City will fund consultants' services to produce a historic context study for the University and Haskell Heights area. $20,000 is designated for this activity. IL TIME FRAME of AGREEMENT This agreement will begin on March 15, 2021, and shall extend until September 30, 2022. No grant funds shall be expended by the City or its sub -grantees or assigns after September 30, 2022. No work on any grant task will be undertaken, continued, or carried out after September 30, 2022. III. PAYMENTS A. Payments of funds under this grant agreement will be made upon receipt of invoices requesting reimbursement of expenses paid by the City within the time frame of this agreement. B. No invoice received after August 1, 2022, will be processed. C. Payments under this grant agreement are conditioned on successful completion of the tasks described in the scope of work and submission of deliverables as described in section IV. D. The grant award is conditioned on the use of the grant funds to accomplish the tasks described in the scope of work. Funds will only be disbursed to achieve the purposes described in the scope of work. The grantee retains no interest in grant funds for which an invoice has not been submitted to AHPP by August 1, 2022. E. The availability of funds under this grant award is dependent on the National Park Service's 2021-2022 Historic Preservation Fund award to the AHPP. IV. MILESTONES A. Citywide Historic Preservation Plan 1. The City will enter into a contract for consultants' services for the Citywide Historic Preservation Plan before September 1, 2021. 2. Initial public meetings or other public outreach related to the Plan will start by November 1, 2021. 3. A draft Plan will be submitted to AHPP for review and comment on or before April 1, 2022. 4. A final Plan will be submitted to AHPP on or before June 1, 2022. On approval of this Plan as complete and sufficient to meet the terms of this agreement, the City of Fayetteville may invoice AHPP for $45,000. B. Historic Context Study 1. The City will enter into a contract for consultant's services for the Historic Context Study on or before August 1, 2021. 2. A meeting between the consultant, the City, and AHPP will be held on or before September 15t' to discuss the scope and methodology of the study. 3. A draft of the study will be submitted to AHPP for review and comment on or before March 15, 2022. 4. A final draft will be submitted to AHPP on or before May 15, 2022. On approval of this Plan as complete and sufficient to meet the terms of this agreement, the City of Fayetteville may invoice AHPP for $20,000. V. AHPP RESPONSIBILITIES AHPP staff agrees to make periodic reviews of the project to assess practices and products. AHPP reserves the right to enforce the procedures as outlined in this contract. AHPP agrees to make available advice and counsel necessary to accomplish the objectives and to render compensation upon invoice within a reasonable timeframe. VI. REPORTING REQUIREMENTS A. The City will submit quarterly reports detailing programmatic and fiscal progress of work on forms to be provided by AHPP on: Period Date Due March -June, 2021 July 15, 2021 July -Sept, 2021 October 15, 2021 October -December, 2021 January 15, 2022 January -March, 2022 Aril 15, 2022 April -June, 2022 July 15, 2022 July -September, 2022 October 15, 2022 FINAL October 31, 2022 B. The report of April 15, 2022, will be accompanied by a timeline for completion of the project and spend down of project funds by the end of the grant term. C. If changes in the grant agreement - e.g.: scope of work, products, budgets, etc. - are required, then the City must submit a written request detailing proposed changes and wait for written approval from AHPP before proceeding. D. No funds will be disbursed if grant reporting is more than two weeks delinquent. E. Failure to submit grant reports within one month of the date required herein shall be grounds for cancellation of the grant at the discretion of AHPP. F. The City will submit a final project report detailing all completed projects and including copies of all publications as per the requirements of this agreement no later than October 31, 2022. G. The City will promptly notify AHPP if it will be unable to expend the awarded funds within the grant period. VII. REQUIRED TRAINING Disbursement of funds under this agreement is contingent on attendance by a designated representative of the City at a training session on grant administration requirements held by AHPP. This requirement may be waived at the discretion of AHPP if the City's grants administrator has attended a grant administration training session within the two years prior to the execution of this grant agreement. VIII. COMPLIANCE A. All products and projects funded by grant funds must comply with the applicable Secretary of the Interior's "Standards." These include: 1) Standards and Guidelines for Preservation Planning, 2) Standards and Guidelines for Identification, 3) Standards and Guidelines for Evaluation, 4) Standards and Guidelines for Registration, 5) Standards and Guidelines for Historical Documentation, 6) Standards and Guidelines for Architectural and Engineering Documentation, 7) Standards and Guidelines for Archeological Documentation, 8) Standards for the Treatment of Historic Properties, 9) Standards and Guidelines for the Rehabilitation of Historic Buildings, and 10) Historic Preservation Professional Qualification Standards. See Appendices A-E. B. PROJECT EXECUTION AND CONTRACT REQUIREMENTS: All projects, sub - grants and consulting contracts funded through this grant agreement must be carried out in accordance with the procedures and standards laid out in the applicable appendices to this agreement. All work products funded through this grant must meet the standards laid out in the applicable appendices to this agreement. C. EASEMENTS AND PRESERVATION AGREEMENTS: The City will donate to AHPP a conservation easement on any property being restored, rehabilitated, or repaired as a part of any project(s) funded in whole or in part by this grant utilizing ten thousand dollars ($10,000) or more of funds awarded by AHPP. On such projects involving private properties, it will be the City's responsibility to secure this easement for donation to AHPP before any grant funds are released. The City will ensure that the owner(s) of property being restored, rehabilitated, or repaired as a §of any project utilizing at least one dollar ($1) but less than ten thousand dollars ($10,000) of Historic Preservation Fund monies awarded by AHPP enters into a five- year preservation agreement concerning that property with AHPP before grant funds are released. On such projects involving City property, the City and any other parties holding an ownership interest in such property must enter into a five-year preservation agreement with AHPP before funds will be released. D. All activities pursuant to this Agreement shall be in compliance with the requirements of Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended; (78 Stat. 252; 42 U.S.C. §§2000d et seq.); the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.); the Americans with Disabilities Act (42 U.S.C. § 12101); the Architectural Barriers Act (42 U.S.C. §§4151 et seq); and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex. A. In all hiring or employment made possible by or resulting from grant awards, the City (1) will not discriminate against any employee or applicant from employment because of race, color, religion, sex, age, or national origin, and (2) will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. This requirement applies to, but is not limited to, the following: employment promotion, demotion, or transfer; recruitment or other recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City and its sub -grantees will comply with all applicable statutes and Executive orders on equal employment opportunity and grant awards will be governed by the provisions, as implemented by, but not limited to, Department of the Interior policies, published in 43 CFR 17. IX. MANAGEMENT AND BUDGET GUIDELINES A. Certified Local Government grants are funded by the National Park Service Historic Preservation Funds Grants in Aid, CFDA number 15.904. All policies and procedures of the Department of the Interior, the National Park Service, and all other Federal regulations concerning expenditures of Federal funds must be followed by AHPP and all sub -grant recipients. All grant projects will be administered by AHPP and the City in accordance with the Historic Preservation Fund Grants Manual. The manual may be found online here: https://www.nps.goy/preservation- grants/hpf manual.pdf The City must maintain efficient and effective accountability and control of all funds received and expended under a sub -grant from AHPP. B. Federal Award Identification Number, total award amount, award date, and a copy of the NPS grant agreement with AHPP will be provided to subgrantee with this signed grant agreement. This subgrant award may be subject to additional conditions as required by the National Park Service. C. A City employee or paid contractor will be responsible for fulfilling all responsibilities assumed by the City under this grant agreement. D. The City will promptly disclose any conflict of interest to AHPP in accordance with 2 CFR §200.112. E. Indirect costs are not eligible for reimbursement under this award. F. The City will maintain all grant -related records at the City offices in accordance with its normal recordkeeping procedures. G. The City hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this federally assisted project. The following Federal regulations are incorporated by reference into this Agreement (full text can be found at http://www.ecfr.gov): 1) Administrative Requirements: 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, in its entirety; 2) Determination of Allowable Costs: 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart E; and 3) Audit Requirements: 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F. 4) Code of Federal Regulations/Regulatory Requirements: 2 CFR 182 & 1401, "Government -wide Requirements for a Drug -Free Workplace"; 2 CFR 180 & 1400, "Non -Procurement Debarment and Suspension", previously located at 43 CFR §42, "Government wide Debarment and Suspension (Non -Procurement)"; 43 CFR Part 18, "New Restrictions on Lobbying"; 2 CFR Part 175, "Trafficking Victims Protection Act of 2000"; FAR Clause 52.203-12, Paragraphs (a) and (b), Limitation on Payments to Influence Certain Federal Transactions; and 2 CFR Part 25, System for Award Management (www.SAM.gov) and Data Universal Numbering System (DUNS). H. Cities that expend $750,000 or more during a year in Federal awards shall have a single or program -specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. §§7501-7507) and 2 CFR Part 200, Subpart F. I. The City will comply with Federal competitive procurement requirements for professional services and subcontractors and will provide documentation of such compliance upon request. J. The City will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. K. Upon completion of the project, the Secretary of the Interior, the Comptroller General of the United States, AHPP, and/or any of their duly authorized representatives shall have access for the purpose of financial or programmatic audit and examination any books, documents, papers and records of the City that are pertinent to the grant at all reasonable times during the period of retention provided in 2 CFR §200.333, for at least three (3) years or until all claims or audit findings have been resolved. L. The City will comply with the provisions of 18 U.S.C. §1913, Lobbying with Appropriated Moneys, as amended by Public Law 107-273, Nov. 2, 2002. "No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Members or official, at his request, or to Congress or such official, through the proper official channels, requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter -intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 3 L" In addition to the above, the related restrictions on the use of appropriated funds found in Div. F, §402 of the Omnibus Appropriations Act of 2008 (P.L. 110-161) also apply. M. The City will comply with all provisions of Executive Order 113858 "Strengthening Buy American Preferences for Infrastructure Projects" that may apply to the project that is the subject of this award. X. PUBLICATIONS, WORK PRODUCT AND PUBLIC INFORMATION A. An acknowledgment of National Park Service and the Arkansas Historic Preservation Program support must be made in connection with the publication of any material based on, or developed under, any activity supported by Historic Preservation Fund grant funds. This acknowledgment shall be in the form of a statement as follows: "This material was produced with assistance from the Historic Preservation Fund, administered by the National Park Service, Department of the Interior and the Arkansas Historic Preservation Program, an agency of the Division of Arkansas Heritage. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the Department of the Interior or the Division of Arkansas Heritage. " B. Press releases, publications, and other public dissemination of information by the City concerning a project made possible by this grant shall acknowledge National Park Service, Department of the Interior, Arkansas Historic Preservation Program, and Division of Arkansas Heritage grant support. C. Posters, brochures, program literature, and publications will include the following statement: This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity, National Park Service, 1849 C Street NW, Washington, D.C. 20240. D. Drafts of all publications, reports, audio-visual material, and other material subject to distribution, publication, or display must be submitted to AHPP for approval prior to production, publication, public display or general distribution. E. Publications, reports, audio-visual material, and other material subject to distribution, publication, or display will be made accessible to the widest audience possible in accordance with Title II of the Americans with Disabilities Act (42 U.S.C. §§ 12132 et seq.). For more information, guidance is available from the Department of Justice, Civil Rights Division, Disability Rights Section. F. The City grants the State of Arkansas and the United States of America a royalty -free, non-exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this agreement as complied or produced by the City, its contractor, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. Any data, analysis, methodology, or other information that formed the basis of the work product funded by this grant award shall be made available to the AHPP and the NPS on request. The City shall ensure that these rights are secured by any sub -award or sub -agreement funded under this grant award. G. All Geographic Information Systems data produced or collected as a part of this grant funded project must comply with the NPS Cultural Resource Spatial Data Transfer Standards. Please contact the AHPP for more information. XI. DEVELOPMENT PROJECTS A. Any development project funded through this award must obtain appropriate permits from the City, including approval from the local Historic District Commission, if the project falls within a local ordinance district and the Commission has jurisdiction. B. Work funded by this grant award cannot be claimed under the Federal Historic Preservation Tax Incentives Program. City and any potential subgrantees should consult with their attorneys or financial advisors about tax or other consequences of this award or its conditions on project financing. C. Approvals of project work by AHPP for this grant project are independent of and may not be substituted for the review and approval of any project or matter under any other AHPP or National Park Service program. XII. LIMITATION OF LIABILITY AHPP assumes no responsibility with respect to accidents, illness or claims arising out of any work performed under a sub -grant supported project. The City is expected to take necessary steps to insure itself and its personnel and students and to comply with the applicable local, State, or Federal safety standards, including those issued pursuant to the National Occupational Safety and Health Act of 1970 (see 20 CFR Part 1910). XIII. PROJECT CANCELLATION Approved projects may be canceled for one or more of the following reasons: A. The City requests project cancellation. B. The City fails to pursue project work in a timely fashion, fails to meet the milestones described in section IV, or fails to adequately pursue project objectives in a manner likely to ensure completion of the grant project or substantial spend -down of the grant award within the grant term. C. Project work or project administration is found not to be in conformance with conditions as stated in the grant agreement and appendices. XIV. AMENDMENTS This agreement may be amended upon written request and approval by both parties. SIGNATURES Scott Kaufman City of Fayetteville Signature Agency Director, AHPP Deputy State Historic Preservation Officer 1100 North Street Little Rock, Arkansas 72201 Date 10 Name (printed) Title Date APPENDIX A: Historic Resources Survey and Documentation The production of surveys of historic structures, sites, etc., funded under this grant agreement will meet the following minimum standards, as applicable: A. CITY'S RESPONSIBILITIES The City will ensure that any request for proposals (RFP), request for qualifications (RFQ), or other bid solicitation and any contract for survey and documentation services funded under this agreement includes duties and tasks as described in this appendix. 2. The City will submit a copy of any proposed RFQ, RFP, or other bid solicitation for a project funded under this agreement to AHPP prior to publication of the announcement or request for review and approval and will not publish such announcement or request until comments been received from AHPP. A copy of the final announcement or request and proof of its publication or transmission to qualified professional will be provided to AHPP. 3. The City will submit a copy of any proposed contract and the name and vita of the contractor selected for services funded under this agreement to AHPP for review, prior to execution of the contract, and will not execute the contract until approval has been received from AHPP. A copy of the final executed contract will be provided to AHPP. 4. The City will contact the AHPP National Register staff to consult on the advisability of historic sites survey work in the proposed area, proposed boundaries for the survey work, etc., prior to engaging a contractor for survey work funded under this agreement. 5. The City will ensure that the contractor responsible for survey and documentation services funded under this agreement meets the Secretary of the Interior's Professional Qualification Standards (see Appendix F) in History and/or Architectural History and/or, when applicable, Archaeology or Historic Landscape Architecture. B. CONTRACTOR'S RESPONSIBILITES Prior to commencing any work under the contract, any contractor who has not attended a training on the required procedures for historic sites surveys taught by the AHPP National Register Survey staff within five (5) years prior to the survey initiation date must attend a training class on the procedures required for historic site survey. This one -day class, at the offices of AHPP, will train the contractor in the proper and thorough completion of Arkansas Architectural Resources Forms, photography requirements, mapping, and compilation of the finished product. 2. Prior to commencing any work under the contract, the Contractor, regardless of the date of his or her last training, must contact the AHPP National Register Survey staff to determine whether changes to required historic site survey procedures have changed since the contractor last attended a training. If the AHPP National Register Survey staff determines that the Contractor's attendance at an additional training class is advisable, the contractor must attend a training class on the procedures required for historic sites surveys prior to the initiation of any fieldwork under the contract. 3. The contractor must comply with the standards and procedures set forth in the AHPP Survey Manual in carrying out the contract work and in completion of the final product. 4. The contractor must design and complete the survey and produce a survey report in accordance with the National Park Service Historic Preservation Fund Grants Manual Chapter 6, Section H, 2a-e and 3b and/or d as applicable and the Secretary of the Interior's Standards for Identification for Intensive Surveys (see at https://www.nps.gov/histogllocal-law/arch stnds_O.htm). The survey report should, at minimum, contain the following elements: • Survey methodology • A brief historic context specific to the area surveyed • A brief overview of historic resource types within the area surveyed • Maps outlining the boundaries of the area surveyed • Tables listing addresses or other location information of properties surveyed, resource numbers supplied by AHPP, and data relevant to evaluation of National Register eligibility, such as date of construction, property condition and architectural integrity, vacant lots, etc. • Maps locating properties by resource number and address • Language collected on Arkansas Architectural Resources Forms should be provided with the survey report in an organized, sortable, searchable, digital format, such as a database, spreadsheet, GIS data, or similar data file. 5. The contractor must complete an Arkansas Architectural Resources Form and provide site plans for each resource in the field. 6. The contractor must provide, on the Arkansas Architectural Resources Form, information specific to the property for which the survey form is prepared summarizing its history and any obvious changes to the building that appear to have occurred since its construction. 7. The contractor will take color digital photographs of each resource in the field. At the very minimum the photographs should show all facades of each building. In addition, representative streetscape photographs will be provided by the Contractor. These photographs will be submitted with the final survey product in both electronic and print form. 8. The contractor will provide UTM coordinates for each property. 9. To ensure efficient production of a quality product and to reduce the burden of repeated reviews, in projects involving inventory and documentation of more than 30 properties, the contractor will provide drafts of at least 10 completed Arkansas Architectural Resources Forms to the AHPP National Register Survey staff for review prior to completion and submittal of all Arkansas Architectural Resources Forms. AHPP staff will review draft forms and return comments to the contractor within 14 business days of receipt of the draft forms. 10. The contractor will provide copies of any ancillary work product or information compiled or generated by the contractor in the course of carrying out the historic site survey or form completion, including but not limited to archival research, and photographs, to AHPP on request. 11. The contractor will grant the City, the State of Arkansas, and the United States of America a royalty -free, non-exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this Agreement by the contractor, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 12. The contractor must be able to adhere to set deadlines and provide initial and completed surveys by the dates set forth in contract documents. 13. The contractor will provide own transportation and equipment. 14. For resurvey work, a copy of the previous survey form must be attached to the new survey form for each property. 15. The contractor will provide one full -color copy and one digital copy of the final survey report and forms to the City and one full -color printed copy and two digital copies of the survey report and forms to AHPP. C. AHPP RESPONSIBILITIES 1. AHPP will provide Arkansas Architectural Resources Forms and Ancillary Structures Forms to the contractor as necessary for project completion. 2. AHPP will provide access to survey files and copies of previous survey work as necessary for project completion. 3. AHPP will provide resource numbers to the contractor as necessary for project completion. 4. AHPP will provide a one -day training class at the AHPP offices in Little Rock on the procedures required for historic site surveys. This class will train the contractor in the proper and thorough completion of Arkansas Architectural Resources Forms, photography requirements, mapping, and compilation of the finished product. 5. AHPP will provide technical assistance to the contractor as necessary for project completion. APPENDIX B: National Register of Historic Places Nominations The production of nominations of historic structures, sites, etc., for listing on the National Register of Historic Places funded under this grant agreement will meet the following minimum standards, as applicable: A. CITY'S RESPONSIBILITIES The City will ensure that any request for proposals (RFP), request for qualifications (RFQ), or other bid solicitation and any contract for services funded under this agreement includes duties and tasks as described in this appendix. 2. The City will submit a copy of any proposed RFQ, RFP, or other bid announcement for a project funded under this agreement to AHPP prior to publication of the announcement or request for review and will not publish such announcement or request until approval has been received from AHPP. A copy of the final announcement or request and proof of its publication or transmission to qualified professional will be provided to AHPP. 3. The City will submit a copy of any proposed contract and the name and vita of the contractor selected for services funded under this agreement to AHPP for review prior to execution of the contract, and will not execute the contract until approval has been received from AHPP. A copy of the final executed contract will be provided to AHPP. 4. The City will contact the AHPP National Register staff to consult on the advisability of preparation and submission of National Register of Historic Places nominations prior to engaging a contractor for preparation of nominations funded under this agreement. 5. The City will ensure that the contractor responsible for survey and documentation services funded under this agreement meets the Secretary of the Interior's Professional Qualification Standards (see Appendix F) in History and/or Architectural History and/or, when applicable, Archaeology or Historic Landscape Architecture. B. CONTRACTOR'S RESPONSIBILITIES It is required that the contractor complete a National Register of Historic Places nomination form for the historic property or properties in compliance with all applicable AHPP or National Park Service standards and guidance for nomination form completion. 2. The contractor will take color digital photos of the historic property in the field. In the case of a proposed historic district, representative streetscape photos will be provided by the Contractor. All photographs submitted must meet the National Park Service standards in the "National Register Photo Policy Factsheet." 3. The contractor will label all photographs to be included with the completed National or Arkansas Register of Historic Places nomination according to the National Park Service instructions. 4. The contractor will also need to locate the property on a United States Geological Survey Map and provide UTM coordinates for the historic property or district. 5. The contractor will be responsible for on -site presentation of information sufficient to fully support a recommendation for or against listing of the proposed historic district or property to the AHPP State Review Board at the earliest meeting following completion and staff approval. 6. Any contractor who has not submitted an accepted National Register of Historic Places form in the last five (5) years must attend a training class on completing National or Arkansas Register of Historic Places nomination forms. This one -day class, at the offices of AHPP, will train the contractor in the proper and thorough completion of National Register of Historic Places nomination forms, photography requirements, mapping, and compilation of the finished product. 7. The contractor will provide copies of any ancillary work product or information compiled or generated by the contractor in the course of preparing the nomination, including but not limited to property data, databases, archival research, and photographs, to AHPP on request. 8. The contractor will grant the City, the State of Arkansas, and the United States of America a royalty -free, non-exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this agreement by the contractor, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 7. The contractor must be able to comply with deadlines and provide initial and completed nominations by the dates set forth in the contract between the City and the Contractor. 8. The contractor will provide his or her own transportation and any equipment necessary to completion of the nomination forms and presentation to the Arkansas State Review Board. 9. The contractor must work outside in extreme temperatures and provide proper attire for the weather conditions. 10. The contractor will perform all services and provide all materials to be produced under the contract in consultation with AHPP. 11. The contractor will conduct meetings with AHPP as required to complete the project. 12. The contractor will provide one full -color printed final clean copy nomination and attachments, including digital photographs, and one digital copy of any nominations created to the City and three full -color printed copies of the final clean copy nomination and attachments, including digital photographs, and two digital copies of any nominations to AHPP. C. AHPP RESPONSIBILITIES 1. AHPP will provide access to any previously completed architectural resource forms in its possession for all buildings included in the contract for services. 2. AHPP will provide a one -day training class at the AHPP offices in Little Rock contractor on the proper and thorough completion of National Register of Historic Places nomination forms, photography requirements, mapping, and compilation of the finished product. 3. AHPP will provide technical assistance to the contractor as necessary for project completion. APPENDIX C: Design Guidelines and Preservation Plans Preparation of design guidelines and/ or preservation plans funded under this grant agreement will meet the following minimum standards, as applicable: A. CITY'S RESPONSIBILITIES 1. The City will ensure that any request for proposals (RFP), request for qualifications (RFQ), or other bid solicitation and any contract for services funded under this agreement include duties and tasks as described in this appendix. 2. The City will submit a copy of any proposed RFQ, RFP, or other bid announcement for a project funded under this agreement to AHPP prior to publication of the announcement or request for review and will not publish such announcement or request until approval has been received from AHPP. A copy of the final announcement or request and proof of its publication or transmission to qualified professional will be provided to AHPP. 3. The City will submit a copy of any proposed contract and the name and vita of the contractor selected for services funded under this agreement to AHPP for review prior to execution of the contract, and will not execute the contract until approval has been received from AHPP. A copy of the final executed contract will be provided to AHPP. 4. The City will submit a draft copy of the design guidelines to AHPP for review, comments, and approval prior to printing, and will not give final approval to the product or proceed with final printing of the document until approval has been received by AHPP. 5. The City will ensure that any contractor engaged to prepare design guidelines funded under this agreement meets the Secretary of the Interior's Standards for Professional Qualifications (see Appendix F) as an Architectural Historian, a Historic Preservation Planner, or a Historic Preservationist with experience equivalent to one or both those professions. Any contractor engaged to prepare a preservation plan must be qualified as a Historic Preservation Planner or a Historic Preservationist with experience equivalent to a Preservation Planner. B. CONTRACTOR'S RESPONSIBILITIES 1. The contractor will design and complete a preservation plan or plans, when applicable, in accordance with the Secretary of the Interior's Standards and Guidelines for Preservation Planning (see at https:llwww.nps.gov/history/local-law/arch stnds_0.htm). 2. The contractor will draft design guidelines, when applicable, that include, at minimum: a. A summary of the City's ordinances, procedures, and bylaws relating to work regulated by the City's Historic District Commission; b. Maps describing the boundaries of any local or National Register historic districts in which work is regulated under authority of the Arkansas Historic Districts Act, A C.A. § 14-172-20, et seq., and local ordinance; c. A list of addresses within such historic districts; d. A history of the City as it provides historic context for any such local historic districts, National Register of Historic Places districts, or the City as a whole; e. An overview of the architectural styles prevalent in the local historic districts within the period of significance as described in the most recent historic resources survey and/or nomination previously approved by the City's Historic District Commission; f. The text of the Secretary of the Interior's Standards for Rehabilitation, as codified at 36 CFR 67. g. Illustrated design guidance addressing appropriate rehabilitation of and additions to historic structures and sites and construction or development of appropriate infill structures and sites that addresses all historic architectural styles, periods, and methods of construction specific to the local districts. 3. The contractor will provide copies of any ancillary work product or information compiled or generated by the contractor in the course of preparing work product on any project funded through this grant agreement, including but not limited to property data, databases, archival research, and photographs, to AHPP on request. 4. The contractor will grant the City, the State of Arkansas, and the United States of America a royalty -free, non-exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this agreement by the contractor, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 5. The contractor must be able to comply with deadlines and provide initial and completed deliverables by the dates set forth in the contract between the City and the Contractor. 6. The contractor will provide one full -color printed final clean copy of the design guidelines and/or preservation plan and attachments and one digital copy of the design guidelines and/or preservation plan and attachments created to the City and one full -color printed copies and one digital copy to AHPP. C. AHPP RESPONSIBILITIES 1. AHPP will provide access to survey files and copies of previous survey work as necessary for project completion. 2. AHPP will provide access to any nominations or other background research or information relevant to the project as necessary for project completion. APPENDIX D: Rehabilitation Work to Historic Properties Projects for rehabilitation work to historic properties funded under this grant agreement will meet the following minimum standards, as applicable: A. CITY'S RESPONSIBILITIES The City will ensure that any request for proposals (RFP), request for qualifications (RFQ), or other bid solicitation and any contract for services funded under this agreement includes duties and tasks as described in this appendix. 2. The City will submit a copy of any proposed RFQ, RFP, or other bid announcement for a project funded under this agreement to AHPP prior to publication of the announcement or request for review and will not publish such announcement or request until approval has been received from AHPP. A copy of the final announcement or request and proof of its publication or transmission to qualified professional will be provided to AHPP. 3. The City will submit a copy of any proposed contract and the name and vita of the contractor selected for services funded under this agreement to AHPP for review prior to execution of the contract, and will not execute the contract until approval has been received from AHPP. A copy of the final executed contract will be provided to AHPP. 4. Architects/Engineers/Contractors must have the requisite experience and training in historic preservation or relevant field to oversee investigation, design and project work, as determined in consultation with AHPP. See Appendix F. 5. The City will submit plans and specifications to AHPP for all proposed work that is part of any project funded by this grant that would make any material alteration in any feature of any property listed on or eligible for listing on the National Register of Historic Places, either individually or as a contributing feature in a district. The City will not begin any such work until approval has been granted by AHPP. a. A site plan that has the north direction clearly marked b. A city/county map with the site of the property clearly labeled c. Set of plans and specifications for the project d. Photographs (or digital images) of all exterior elevations of the building or site, with views identified and oriented and keyed to the site plan. e. Interior photographs of all major rooms and those involved in the project, labels, and keyed to a floor plan f. Any addition information that will better enable a technical review of the project to be completed like historic photographs, historic structure reports, building studies, etc. 6. The City will ensure that the Contractor performs all work in compliance with the plans and specifications as approved by AHPP. 7. All projects must comply with the Americans with Disabilities Act, the Architectural Barriers Act, and the Rehabilitation Act of 1973. 8. All products and projects must comply with the applicable Secretary of the Interior's Standards for Rehabilitation. The Standards are: 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. S. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. B. CONTRACTOR'S RESPONSIBILITIES The Contract will perform all work in compliance with the plans and specifications as approved by AHPP. 2. All products and projects must comply with the applicable Secretary of the Interior's Standards for Rehabilitation. The Standards are: 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. S. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 3. The contractor will provide copies of any ancillary work product or information compiled or generated by the contractor in the course of preparing work product on any project funded through this grant agreement, including but not limited to property data, databases, archival research, and photographs, to AHPP on request. 4. The contractor will grant the City, the State of Arkansas, and the United States of America a royalty -free, non-exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this agreement by the contractor, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 5. The contractor must be able to comply with deadlines set forth in the contract between the City and the Contractor. 6. The contractor must erect a project sign acknowledging the assistance of the Department of the Interior, the National Park Service, the Department of Arkansas Heritage, and the AHPP at the project site. This sign will be provided by the AHPP. C. AHPP RESPONSIBILITIES 1. AHPP will provide access to any previously completed architectural resource forms or architectural plans in its possession for all buildings included in the contract for services. 2. AHPP will review and approve or comment on all plans and specifications submitted by the City within 14 business days of submission of plans and specifications that allow for a clear and complete understanding of the scope and detail of the project. 3. AHPP will provide technical assistance to the contractor as necessary for project completion. 5 APPENDIX E: Other Consultant Contracts and Products All other types of projects funded under this grant agreement will meet the following minimum standards, as applicable: A. CITY'S RESPONSIBILITIES 1. The City will ensure that any request for proposals (RFP), request for qualifications (RFQ), or other bid solicitation and any contract for services funded under this agreement includes duties and tasks as described in this contract and appendix. 2. The City will submit a copy of any proposed RFQ, RFP, or other bid announcement for a project funded under this agreement to AHPP prior to publication of the announcement or request for review and will not publish such announcement or request until approval has been received from AHPP or seven (7) business days have elapsed since the date on which the proposed announcement or request has been received by AHPP. A copy of the final announcement or request and proof of its publication or transmission to qualified professional will be provided to AHPP. 3. The City will submit a copy of any proposed contract and the name and vita of the contractor selected for services funded under this agreement to AHPP for review, prior to execution of the contract, and will not execute the contract until approval has been received from AHPP or seven (7) business days have elapsed since the date on which the proposed contract has been received by AHPP. A copy of the final executed contract will be provided to AHPP. 4. The City will ensure that any contractor engaged for work funded under this agreement meets the applicable Secretary of the Interior's Historic Preservation Professional Qualification Standards (see Appendix F) as determined in consultation with AHPP. 5. The City will ensure that all project work and work products meet all applicable Secretary of the Interior's "Standards" including: 1) Standards and Guidelines for Preservation Planning, 2) Standards and Guidelines for Identification, 3) Standards and Guidelines for Evaluation, 4) Standards and Guidelines for Registration, 5) Standards and Guidelines for Historical Documentation, 6) Standards and Guidelines for Architectural and Engineering Documentation, 7) Standards and Guidelines for Archeological Documentation, 8) Standards for the Treatment of Historic Properties, 9) Standards and Guidelines for the Rehabilitation of Historic Buildings, and 10) Historic Preservation Professional Qualification Standards. B. CONTRACTOR'S RESPONSIBILITES The contractor will ensure that all project work and work products meet all applicable Secretary of the Interior's "Standards" including: 1) Standards and Guidelines for Preservation Planning, 2) Standards and Guidelines for Identification, 3) Standards and Guidelines for Evaluation, 4) Standards and Guidelines for Registration, 5) Standards and Guidelines for Historical Documentation, 6) Standards and Guidelines for Architectural and Engineering Documentation, 7) Standards and Guidelines for Archeological Documentation, 8) Standards for the Treatment of Historic Properties, 9) Standards and Guidelines for the Rehabilitation of Historic Buildings, and 10) Historic Preservation Professional Qualification Standards. 2. The contractor will provide copies of any ancillary work product or information compiled or generated by the contractor in the course of carrying out the contract, including but not limited to archival research, and photographs, to AHPP on request. 3. The contractor will grant the City, the State of Arkansas, and the United States of America a royalty -free, non-exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this agreement by the contractor, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 4. The contractor must be able to adhere to set deadlines asset forth in contract documents. 5. The contractor will provide own transportation and equipment. 6. The contractor will provide one full -color copy and one digital copy of the work product, as applicable, to the City and one full -color printed copy and two digital copies of the work product, as applicable, to AHPP. C. AHPP RESPONSIBILITIES 1. AHPP will provide Arkansas Architectural Resources Forms and Ancillary Structures Forms to the contractor as necessary for project completion. 2. AHPP will provide access to survey files and copies of previous survey work as necessary for project completion. 3. AHPP will provide resource numbers to the contractor as necessary for project completion. 4. AHPP will provide access to other AHPP files to the contractor as necessary for project completion. AHPP will provide technical assistance to the contractor as necessary for project completion. Appendix F: The Secretary of the Interior's Historic Preservation Professional Qualification Standards The Secretary of the Interior's Professional Qualification Standards were defined and officially adopted in 1983 (48 FR 44716, September 29) by the National Park Service, Department of the Interior, and the Secretary of the Interior's Historic Preservation Professional Qualification Standards were expanded and revised in 1997 (62 FR 33708, June 20) in response to amendments in the National Historic Preservation Act, but were not formally adopted for federal regulatory purposes. See https://www.govinfo.gov/content/ Dke/FR-1997-06-20/Ddf/97-16168.Ddf for more information. The 1997 revisions update the professional qualification standards written in 1983 and add definitions for seven other historic preservation disciplines that appear in the National Historic Preservation Act. The 1997 version also provides guidance on how to measure qualifying credentials that was lacking in the 1983 Standards. In the 1997 version, this information is provided in a standardized format that provides examples of the academic degrees, work and academic products, and professional activities that would qualify a professional in a particular discipline. Because the 1997 Standards give the clearest description of the current understanding of what a qualified professional is in each of the disciplines described in the National Historic Preservation Act, AHPP uses them as guidance on judging the qualifications of contractors or consultants working on projects funded by AHPP's CLG grant agreements. It is important to note that these are not intended to be requirements for ALL consultants or contractors working on a project, lead as well as entry-level. However, each project must contain a person in a lead, responsible project role with the requisite expertise. City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 LONG RANGE PLANNING (634) 2021 Requestor: Mary McGetrick BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval to accept a grant award in the amount of $65,000 from the Arkansas Historic Preservation Program (City match portion up to $20,000) including approval of a budget adjustment. COUNCIL DATE: LEGISTAR FILE ID#: 5/4/2021 2021-0286 RCRy Bta(k- 4/14/2021 3:50 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) GLDATE: RESOLUTION/ORDINANCE I CHKD/POSTED: TOTAL 65,000 65,000 v.20210309 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.900.0001-4309.01 - 65,000 32011 RE Federal Grants - Operational 1010.090.6600-5314.00 65,000 - 32011 EX Professional Services H:\Budget Adjustments\2021_Budget\City Council\05-04-2021\2021-0286 BA Historic Preservation Master Plan Grant (CLG) 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0284 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.10 J.R. STEWART PUMP & EQUIPMENT, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $32,942.89 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM J.R. STEWART PUMP & EQUIPMENT, INC. FOR THE REPAIR OF A PUMP AT THE GREGG AVENUE LIFT STATION WHEREAS, a submersible pump used at the Gregg Avenue Lift Station was recently shipped to J.R. Stewart Pump & Equipment to disassemble, inspect, and provide a quote for repair of the pump; and WHEREAS, pursuant to Ark. Code Ann. §19-11-203(14)(DD), formal competitive bidding is not necessary for the repair of "hidden or unknown damages." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that because of Ark. Code Ann. § 19-11-203(14)(DD), repair of "hidden or unknown damages," the repair of the pump does not require formal competitive bidding and, therefore, accepts the quote in the amount of $32,942.89 (plus any applicable taxes and freight charges) from J.R. Stewart Pump & Equipment for the repair of a submersible pump used at the Gregg Avenue Lift Station. City of Fayetteville, Arkansas Page 1 Printed on 412712021 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-0284 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/15/2021 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends approval of the repair of a submersible pump for the Gregg Avenue Lift Station by J.R. Stewart Pump & Equipment in the amount of $32,942.89 plus applicable taxes and freight charges. Budget Impact: 5400.730.5800-5414.00 Water and Sewer Account Number Fund 02069.1 Plant Pumps and Equipment - WWTP Project Number Project Title Budgeted Item? Yes Current Budget $ 1,317,743.00 Funds Obligated $ 162,039.97 Current Balance $ 1,155,703.03 Does item have a cost? Yes Item Cost $ 37,997.18 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 1,117,705.85 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Freight charges are estimated at $1,600 and taxes are estimated at $3,454.29 for an estimated total cost of $37,997.18. CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Monty Sedlak, Project Manager DATE: April 15, 2021 CITY COUNCIL MEMO SUBJECT: J.R. Stewart Pump & Equipment — Submersible Pump Repair for the Gregg Avenue Sewer Lift Station RECOMMENDATION: Staff recommends approval of the repair of a submersible pump for the Gregg Avenue Lift Station by J.R. Stewart Pump & Equipment in the amount of $32,942.89 plus applicable taxes and freight charges. BACKGROUND: The Gregg Avenue Lift Station uses four submersible KSB pumps to move sewage through the collection system. It feeds directly into the Hamestring Lift Station which delivers over 85% of the West Side WRRF's average 7+ MGD of wastewater influent. In late 2020, pump No. 4 began experiencing longer than normal run times. Jacob's maintenance staff inspected the pump and found that a 200 amp fuse was blown and that phases A and B on the motor were shorted to the ground. They promptly pulled pump No. 4 and sent it to J.R. Stewart Pump & Equipment out of West Memphis, Arkansas for an inspection. DISCUSSION: J.R. Stewart Pump & Equipment has submitted a quote for the repair of Pump No. 4 in the amount of $32,942.89, plus applicable taxes and freight charges for a total estimated cost of $37,997.18. Because it was necessary to have the repair facility disassemble the units to determine the extent of hidden and unknown damage to equipment already purchased, a bid waiver and/or formal sealed bidding is not necessary according to Ark. Code Ann. §19-11-203(14)(DD). BUDGET/STAFF IMPACT: Funds are available in the Plant Pumps and Equipment account within the Water & Sewer Fund. Attachments: Quote from J.R. Stewart Pump & Equipment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 J.R. STEWART PUMP & EQUIP INC, JRS 313 S.Second St West MEMPHIS AR Office (870)-735-2484 Fax (870)-735-0765 Josh Alleman Jacobs Engineering The following will consist of the following; Labor and material to dismantle, clean, and inspect motor. Electrically test windings (grounded/shorted) rewind, dip, and bake stator. Hypot and surge test stator windings, Mic and record all mechanical fits. Dynamically balance all rotating parts. Install new SKF bearings. Assemble. Test run and record all date. Balance impeller on arbor, final assembly, prime and paint. Total price $32,942.89 Monday, April 12, 2021 Tax Not Included Freight 1,600.00 adder 2 to 3 Weeks Lead times may be impacted due to COVID 19 Patrick Hughey Outside sales WWW.JRSPUMP.COM Office; 870-735-2484 Cell; 901-461-7603 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0293 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.11 UNIVERSITY OF ARKANSAS MEMORANDUM OF AGREEMENT: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS ON BEHALF OF THE DIVISION OF AGRICULTURE FOR WATER QUALITY STUDIES FOR THE AMOUNT OF $37,631.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,763.10 WHEREAS, prior to the removal of the pump station dam, the City desires to understand the physical, chemical, and biological differences in the water quality at the WFWR upstream and downstream from the future restoration site; and WHEREAS, a final report detailing the project will be prepared for the City, providing details on water sample collection, water -quality analysis, and statistical evaluations of the data; and WHEREAS, pursuant to Ark. Code Ann. § 19-11-251, formal competitive bidding is not required for contracts with other governmental entities for professional and technical services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Memorandum of Agreement with the Board of Trustees of the University of Arkansas on behalf of the Division of Agriculture for water quality studies upstream and downstream of the Pump Station Dam with for the amount of $37,631.00, and further approves a project contingency in the amount of $3,763.10. City of Fayetteville, Arkansas Page 1 Printed on 412712021 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-0293 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/15/2021 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a Memorandum of Agreement with the University of Arkansas in an amount not to exceed $37,631.00 for the collection and analysis of various water samples upstream and downstream of the Pump Station Dam to determine the water quality prior to the dam removal, and approval of a project contingency in the amount of $3,763.10. Budget Impact: 5400.730.5800-5314.00 Water and Sewer Account Number Fund 13018.1 Wastewater Treatment/Water Quality 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 $ 1,004,634.00 $ 159,456.49 845,177.51 $ 41,394.10 803,783.41 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: April 15, 2021 CITY COUNCIL MEMO SUBJECT: Water Quality Sampling for Pump Station Dam Removal on the West Fork of the White River (WFWR) RECOMMENDATION: Staff recommends approval of a Memorandum of Agreement with the University of Arkansas in an amount not to exceed $37,631.00 for the collection and analysis of various water samples upstream and downstream of the Pump Station Dam to determine the water quality prior to the dam removal, and approval of a project contingency in the amount of $3,763.10. BACKGROUND: Prior to the removal of the pump station dam, the City desires to understand the physical, chemical, and biological differences in the water quality at the WFWR upstream and downstream from the future restoration site. The purpose of this project is to address certain aspects of water quality changes along the WFWR. DISCUSSION: This project will involve the collection of at least 13 water samples at five locations along the WFWR, analyze for select water quality parameters at the Arkansas Water Resources Center (AWRC) water quality lab, and evaluate difference between sites along the WFWR with proximity to the Pump Station Dam. A final report detailing the project will be prepared for the City, providing details on water sample collection, water -quality analysis, and statistical evaluations of the data. BUDGET/STAFF IMPACT: Funds are available in the Wastewater Treatment — Water Quality Improvements account within the Water & Sewer Fund. Attachments: Memorandum of Understanding Statement of Work Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AESG-05 MEMORANDUM OF AGREEMENT BETWEEN BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS (UA) ON BEHALF OF THE DIVISON OF AGRICULTURE (UADA) AND CITY OF FAYETTEVILLE, ARKANSAS (CITY) The Board of Trustees of the University of Arkansas (UA) ON BEHALF OF THE DIVISION OF AGRICULTURE (UADA) and CITY are mutually interested in research and development relating to agriculture. To advance such research and development, CITY agrees to make available to UADA for use by the Arkansas Water Resources Center, a unit of the UA Agricultural Experiment Station, a grant-in-aid in the amount of $ 37,631.00 for the period extending from 6/1/2021 to 12/31/2022. Invoices can be submitted quarterly based on work completed and CITY shall remit payment within thirty (30) days of receipt of valid invoices. UADA agrees to accept the funds and use them for the support of research and development in the general field of water quality. UA further agrees to furnish one (1) final progress report which will include a report summary and recommended action plan. CITY shall have the right to publish any of the research data for any non- commercial purpose. In the event that CITY wishes to publish any of the research data, CITY shall furnish to UA a copy of the material to be published in its final form at least two weeks prior to publication, in order to permit UA the opportunity to review and comment. Authorship of publication will be determined by established professional procedures. Cooperation and assistance rendered by CITY will be acknowledged in publications resulting from the joint effort. CITY understands and accepts the University patent and copyright policy https://www.uasys.edu/wp- content/uploads/sites/16/2016/03/0210.1-Patent-Copyright-Policy-1.pdf . This is a fixed cost agreement. Date Jean -Francois Meullenet, Assoc. Sr. VP for Agriculture For the Board of Trustees, University of Arkansas Date Mayor Lioneld Jordan For the City of Fayetteville, Arkansas ATTEST: Kara Paxton, City Clerk -Treasurer UfA DIVISION OF AGRICULTURE ARKANSAS WATER RESEARCH & EXTENSION Univers,ry ojArhansas System Arkansas Water Resources Center RESOURCES CENTER 1371 West Altheimer Drive DTAS 107, Fayetteville AR, 72704 479.387.5547 Project Title: Water sampling, lab analysis and data comparisons at the West Fork of the White River near Pump Station Dam Project Director: Brian Haggard, Professor and Director, Arkansas Water Resources Center University of Arkansas System Division of Agriculture Funding Agency: City of Fayetteville Project Timeline: June 1, 2021 through December 31, 2022 Project Tasks and Budget Need: The City of Fayetteville will be removing the Pump Station Dam on the West Fork of the White River (WFWR) and restoring this river to its natural flow regime and improving habitat. The City desires to understand the physical, chemical and biological differences in water quality at the WFWR upstream and downstream from future restoration site. The purpose of this project is to address certain aspects of water quality changes along the WFWR, excluding stream macroinvertebrates and fish. Objectives: Collect at least 13 water samples at five locations along the WFWR, analyze for select water quality parameters at the Arkansas Water Resources Center (AWRC) water quality lab, and evaluate difference between sites along the WFWR with proximity to the Pump Station Dam. Task 1. Site Selection The AWRC, in cooperation with City of Fayetteville, will select five locations to collect water samples along the WFWR. The proposed sites include the WFWR at Black Oak Road Bridge, WFWR at Pump Station Dam both upstream and downstream, and WFWR at Dead Horse Mountain Road Bridge; an additional site in the back water from the dam will be chosen near Combs Park or the Fayetteville Fire Training Center depending on access. Site selection will be finalized in June 2021 with the City, where the logistical constraint will be public access or private access with permission. Deliverables: (1) Site map with sampling locations, 613012021. Task 2. Water Sample Collection and Analysis Water samples will be collected at least 13 times over the project period at the selected sites, and the AWRC will target seasonal base flow conditions on each sampling event. These water samples will be spread out over the project period with at least five samples during the critical season (May through October, two critical seasons, n=5 per season) and three samples between November and April (n=3, one season). Upon return to the AWRC water -quality lab, the water samples will be analyzed for chlorophyll a (i.e. anions (fluoride, chloride, nitrate and sulfate), dissolved nutrients (ammonia, nitrate plus nitrite, and soluble reactive phosphorus), total nutrients (phosphorus and nitrogen), total organic carbon, turbidity, and dissolved micro elements (aluminum, arsenic, cadmium, cobalt, chromium, copper, iron, manganese, molybdenum, nickel, and zinc). Water samples will be collected in sterile containers for the analysis of bacteria (i.e., E coli) during the growing season, in this case June through October. The analytes will be measured using approved methodology (Standard Methods for the Analysis of Water and Wastewater) and performed at the AWRC water quality labs which are certified by the Arkansas Department of Environmental Quality. The routine sampling will include field measurements of water temperature, pH, dissolved oxygen, and conductivity; these data will be recorded on the field services sheet and reported in the quarterly data reports. Deliverables: (1) Quarterly water quality data and field services sheets reported to the City. (2) Quarterly quality assurance report to the City, detailing any issues with water sampling and analysis. Task 3. Data Analysis and Statistics The collected water -quality data will be analyzed for variability between sites, where the data will be log -transform (if needed) and means separated using analysis of variance (ANOVA) and least significant difference (LSD). The goal will be to evaluate which sites are significantly different from each other along the run of the river, as well as which sites potentially show that constituent concentrations are changing seasonally. These data will provide the baseline for water quality and future comparisons. Deliverables: Updates via graphics and or PowerPoints presentations to the City may be requested. Task 4. Reporting A final report detailing the project will be prepared for the City, providing details on water sample collection, water -quality analysis, and statistical evaluations of the data. This report will be archived in the AWRC digital library. Deliverables: A final report in AWRC MSC format archived in the digital library, December 31, 2022. Budget: $37,631 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0282 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.12 MCCLELLAND CONSULTING ENGINEERS, INC. - 2019 FIRE FACILITIES BOND PROJECT: A RESOLUTION TO APPROVE TWO CONTRACTS WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE TOTAL AMOUNT OF $43,481.00 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE CONSTRUCTION OF FIRE STATIONS 8 AND 9, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 FIRE FACILITIES BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign two contracts with McClelland Consulting Engineers, Inc. in the total amount of $43,481.00 for materials testing services associated with the construction of Fire Stations 8 and 9, and further approves a project contingency in the amount of $6,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 412712021 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2021-0282 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/15/2021 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of RFQ# 21-01 Contract with McClelland Consulting Engineers, Inc., for materials testing services for Fire Station 8 in the amount of $17,786.00 and Fire Station 9 in the amount of $19,695.00, approve a project contengency in the amount of $6,000 and a budget adjustment. This is a 2019 Fire Bond project. 4610.860.7108-5860.02 4610.860.7109-5860.02 Account Number 46100.7108.8315 46100.7109.8315 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: 4610 - Fire Projects 2019 Bonds Fund Fire Station 8 - Materials Testing/Survey/Geotechnical Fire Station 9 - Materials Testing/Survey/Geotechnical Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 8,980,878.00 $ 6,026,688.15 $ 2,954,189.85 $ 43,481.00 2,910,708.85 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Brad Hardin, Fire Chief CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond and Building Construction Projects DATE: April 15, 2021 SUBJECT: RFQ# 21-01 Contract with McClelland Consultant Engineers, Inc. for Materials Testing for Fire Stations 8 & 9. RECOMMENDATION: Staff recommends approval of RFQ# 21-01 Contract with McClelland Consulting Engineers, Inc., for materials testing services for Fire Station 8 in the amount of $17,786.00 and Fire Station 9 in the amount of $19,695.00 approve a project contingency in the amount of $6,000 and a budget adjustment. This is a 2019 Fire Bond project. BACKGROUND: In March of 2021, resolution 84-21 authorized construction contracts with Flintco, LLC for the construction contracts for Fire Station 8 and 9. DISCUSSION: This contract will enable materials testing for soils, concrete reinforcement, concrete, and structural steel to ensure all is installed in accordance with the plans and specifications. BUDGET/STAFF IMPACT: A budget adjustment is included. A contingency is requested in the amount of $6,000.00 Attachments: Proposal Letters. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 McCLELLAND 1580 E. Stearns St. N"CE CONSULT 1 NG Fayetteville, AR 72703 (� 479-443-2377 O 1 479-443-9241 F ENGINEERS, INC. www.mce.us.com March 19, 2021 CITY OF ._ FAYETTEVILLE - ARKANSAS 113 West Mount Street Fayetteville, AR 72701 ATTN: Mr. Wade Abernathy Director of Bond Projects and Facilities RE: Proposal for Construction Materials Testing and Special Inspections Fire Station No. 8 Fayetteville, Arkansas Dear Mr. Abernathy, We are pleased to present a Proposal for the Construction Materials Testing and Special Inspections relevant to the planned new Fire Station No. 8 project to be located in Fayetteville, Arkansas. The information on the following pages provides further detail regarding the anticipated testing scope on the project which includes several trips for each service, time spent on -site for each service, and other anticipations which were integral in arriving at the lump sum fee amount. Project Description The current project scope consists of the construction of a new fire station at 2300 West Deane Street in Fayetteville, Arkansas. The proposed Fire Station structure has a structural footprint of approximately 7,000 square -feet (sf). The fire station is expected to have two (2) vehicle bays, several offices, fitness/recreation rooms, and sleeping quarters. Additional site improvements are expected to consist of paved access drives and parking areas as well as utility improvements across the site. Scope of Work It is anticipated that services for construction -materials testing and special inspections for the project will include coarse aggregate base density testing, reinforcing bar observations, cast -in -place concrete testing and continuous placement observations, grout and mortar testing, drill -and -epoxy observations, asphalt testing, and structural steel inspections. It should be noted that at the time of preparing this proposal, proof roll/subgrade observations, select fill/soil density testing, and floor flatness and levelness inspections are not expected to be required. It is our understanding that observations during earthwork operations along with select fill/soil density testing (not including aggregate Fire Station No. 8 — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville March 19, 2021 Page 12 base course) will be conducted by another Geotechnical/testing firm. MCE would be happy to provide these services should they be requested, with the understanding that inspection and documentation of these items would be in addition to the scope and fee services presented in this proposal, if requested. To better your understanding of our associated fees, we presented an estimated per -trip price for the services we anticipate providing on this project. The provided per -trip prices assume the following factors: • A certified technician spending 30 minutes onsite for each base density testing trip - Four (4) density tests being conducted per trip - Travel time, mileage, and report writing is factored into the unit trip price • A Geotechnical Engineer or Engineering Technician spending one (1) hour onsite for the observation of reinforcing elements. - Travel time, mileage, and report writing is factored into the unit trip price • A certified technician spending one (1) hour onsite for each cast -in -place concrete testing trip. - MCE assumes that one (1) set of five (5) lab -cured 4" x 8" cylinders being sampled for every 50 cubic yards of concrete will satisfy testing frequency for the project based on project specifications. - Additional cylinders and onsite technician time may be required for large monolithic concrete placements exceeding 50 yd3 - Travel time, mileage, and reporting fees are included in the per -trip amount for this service • A certified technician spending two (2) to six (6) hours performing continuous observations for the placement of concrete A certified technician spending 30 minutes on -site for each grout testing trip. - Four (4) 4"x8" grout samples being conducted each trip - Travel time, mileage, and reporting fees are included in the per -trip amount for this service • A certified technician spending 30 minutes on -site for each mortar testing trip. - Three (3) 2"x2" mortar cube samples being conducted each trip - Travel time, mileage, and reporting fees are included in the per -trip amount for this service • A certified technician spending one (1) hour on -site to assist with establishing a rolling pattern during the placement of asphalt in pavement improvement areas. - Additional time spent on -site may be required if asphalt placement operations require rolling patterns at intervals per the project specifications or if the contractor requests a technician remain on -site to assist until daily placement operations conclude - Travel time, mileage, and reporting fees are included in the unit price Fire Station No. 8 — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville March 19, 2021 Page 13 • A certified technician spending two (2) hours on -site coring asphalt samples for laboratory testing. - Travel time, mileage, and reporting fees are included in the per -trip amount for this service • A Certified Welding Inspector (CWI) spending two (2) hours on -site for each periodic structural steel and/or welding inspection trip. Site visits relevant to continuous inspections, where applicable, may require up to eight (8) hours on -site. We also expect that the project duration will be approximately nine (9) months. From the assumptions and project details referenced above, we estimated the following per -trip prices and subtotals for each service anticipated being required: Base Course Density Testing $120.00 per trip • Fire Station No. 8 Pavement Improvements (Base Course)............................................................. 3 trips • Utility BackfiR and Additional Sitework (Base Course).................................................................... 3 trips Subtotal: $720.00 Reinforcing Bar Observations $155.00 per trip Fire Station No. 8 • Perimeter Footings (Continuous and Spread).................................................................................... 4 trips • Interior Footings (Continuous and Spread)........................................................................................ 3 trips • Dumpster Enclosure Footings..................................................................................................................1 trip • Dumpster Pad..............................................................................................................................................1 trip • Interior Trench Drains................................................................................................................................1 trip • Slab-on-Grade........................................................................................................................................... 2 trips • CMU Walls (Exterior Ground-Level).........................................................................................................1 trip • CMU Walls (Interior Ground-Level).........................................................................................................1 trip • CMU Walls (Low/High Roof Levels)....................................................................................................... 2 trips • CMU Walls Dumpster Enclosure Walls....................................................................................................1 trip • Low Roof Deck............................................................................................................................................1 trip Subtotal: $2,790.00 Fire Station No. 8 — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville Cast -in -Place Concrete Testing Fire Station No. 8 March 19, 2021 Page 14 $240.00 per trip • Perimeter Footings (Continuous and Spread)................................................................................... 4 trips • Interior Footings (Continuous and Spread)....................................................................................... 3 trips • Dumpster Enclosure Footings.................................................................................................................1 trip • Dumpster Pad.............................................................................................................................................1 trip • Interior Trench Drains...............................................................................................................................1 trip • Slab-on-Grade.......................................................................................................................................... 2 trips - Additional fees applied for large monolithic pours • Low Level Roof Deck..................................................................................................................................1 trip - Additional fees applied for large monolithic pours Subtotal: $3,120.00 Continuous Concrete Placement Observations • The unit price will reflect an observer being onsite during all structural concrete placements to verify that concrete conveyance and depositing avoid segregation and contamination, as well as proper consolidation per IBC Table 1705.3 under special inspections. The subtotal presented below also includes report writing and administrative fees. The below subtotal estimates that project concrete placements will generally require between two (2) and six (6) hours on -site for this service, which is likely a conservative estimate. Subtotal: $3,000.00 Concrete Cylinder Pick -Up $105.00 per trip • A charge for concrete cylinder pick-up will only be applied in the event that it is the sole reason for the site visit on days where no other testing is scheduled. We have assumed that this will be required for approximately one-half (0.5) of the total concrete placements. Subtotal: $683.00 Fire Station No. 8 — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville Grout & Mortar Fire Station No. 8 March 19, 2021 Page 15 $200.00 per trip • CMU Walls (Exterior Ground -Level Grout).........................................................................................1 trip • CMU Walls (Exterior Ground -Level Mortar).......................................................................................1 trip • CMU Walls (Interior Ground -Level Grout)..........................................................................................1 trip • CMU Walls (Interior Ground -Level Mortar)........................................................................................1 trip • Low/High Roof Level CMU Walls (Grout)........................................................................................... 2 trips • Low/High Roof Level CMU Walls (Mortar).........................................................................................1 trip • Dumpster Enclosure Walls (Grout)......................................................................................................1 trip • Dumpster Enclosure Walls (Mortar)....................................................................................................1 trip Subtotal: $1,080.00 Grout/Mortar Pick -Up $105.00 per trip • A charge for grout/mortar sample pick-up will only be applied in the event that is the sole reason for the site visit on days where no other testing is scheduled. We have assumed that one-half (0.5) of the total grout/mortar testing trips will be needed for this service. Subtotal: $473.00 Asphalt Rolling Pattern $120.00 per trip • A certified technician conducting asphalt rolling patterns during asphalt placement operations. It is anticipated that two (2) trips will be required for this service. Subtotal: $240.00 Asphalt Coring $680.00 per trip • A certified technician coring asphalt samples for final laboratory acceptance testing. It is anticipated that up to six (6) cores will be required for laboratory testing. The cores will be tested for bulk -specific gravity and thickness verification. It is anticipated that one (1) trip will be conducted for this service. Subtotal: $680.00 Fire Station No. 8 — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville Structural Steel & Welding Inspections March 19, 2021 Page 16 Based on current project documents and specifications, MCE can provide Structural Steel inspection services, with the following factors taken into account: The referenced project documents require special inspections per IBC Chapter 17 and AWS D1.1. • We anticipate that approximately five (5) site visits will be necessary for the periodic inspection of embed plates, structural bolt -ups, and other structural steel connections relevant to the structures. • We also anticipate that approximately three (3) site visits will be necessary for continuous observation of complete joint penetrations and fillet welds greater than 5/16" within the planned Fire Station No. 8 structure. Subtotal: $5,000.00 Estimated Budget Based on the assumptions detailed in the foregoing proposal, we can provide construction materials testing and special inspections on this project for a Not -To -Exceed Without Approval amount as detailed below: • Base Course Density Testing........................................................................................................................ $720.00 • Reinforcing Observations.............................................................................................................................. $2,790.00 • Cast -in -Place Concrete Testing....................................................................................................................... $3,120.00 • Continuous Concrete Placement Observation............................................................................................. $3,000.00 • Concrete Cylinder Pick-Up................................................................................................................................. $683.00 • Grout & Mortar Testing.................................................................................................................................... $1,080.00 • Grout & Mortar Pick-Up....................................................................................................................................... $473.00 • Asphalt Rolling Pattern....................................................................................................................................... $240.00 • Asphalt Coring...................................................................................................................................................... $680.00 • Structural Steel & Welding Inspections........................................................................................................ $5,000.00 Total Lump Sum Fee: $17,786.00 Our estimated number of trips for each testing service is based on our experience on projects in the area with similar scope and size. Our fees are directly related to the number of trips made for each service and time spent on site. If the project scope varies after the submittal of this document and prior to construction, please allow for the review/revision of this document. Fire Station No. 8 — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville March 19, 2021 Page 17 We appreciate the opportunity to submit this proposal for construction materials testing relevant to the Fire Station No. 8 project located in Fayetteville, Arkansas. If this Proposal is acceptable, please sign the Work Authorization Agreement at the end of this document and return a copy to our office. If there are any questions regarding this Proposal, please do not hesitate to contact us. Sincerely, St ven J. Head, P.E. Principal I Geotechnical Department Head Work Authorization Agreement RogerBahena Materials Testing Supervisor McClelland Consulting Engineers, Inc., is authorized to proceed in accordance with this Letter of Proposal, consisting of seven (7) pages. Signature Title Date McCLELLAND 1580 E. Stearns St. ffl"C,E� CONSULTING Fayetteville, AR 72703 479-443-2377 O 1 479-443-9241 F ENGINEERS, INC. www.mce.us.com April15, 2021 CITY OF �_ FAYETTEVILLE - ARKANSAS 113 West Mount Street Fayetteville, AR 72701 ATTN: Mr. Wade Abernathy Director of Bond Projects and Facilities RE: Proposal for Construction Materials Testing and Special Inspections Fire Station No. 9 Fayetteville, Arkansas Dear Mr. Abernathy, We are pleased to present a Proposal for the Construction Materials Testing and Special Inspections relevant to the planned new Fire Station No. 9 project to be located in Fayetteville, Arkansas. The information on the following pages provides further detail regarding the anticipated testing scope on the project which includes several trips for each service, time spent on -site for each service, and other anticipations which were integral in arriving at the lump sum fee amount. Project Description The current project scope consists of the construction of a new fire station at 2260 South School Avenue in Fayetteville, Arkansas. The proposed Fire Station has a structural footprint of approximately 6,800 square -feet (sf). The fire station is expected to have two (2) vehicle bays, several offices, fitness/recreation rooms, and sleeping quarters. Additional site improvements are expected to consist of paved access drives and parking areas as well as utility improvements across the site. Scope of Work It is anticipated that services for construction -materials testing and special inspections for the project will include proof roll observations/subgrade inspections and recommendations, soil and base density testing, reinforcing bar observations, cast -in -place concrete testing and continuous placement observations, grout and mortar testing, asphalt testing, and structural steel inspections. Fire Station No. 9 — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville Aprill5, 2021 Page 12 It should be noted that at the time of preparing this proposal, special inspection of drilled -and -epoxied threaded rods (in lieu of anchor bolts) and floor flatness and levelness inspections are not expected to be required. However, MCE would be happy to provide these services should they be requested, with the understanding that inspection and documentation of these items would be in addition to the scope and fee services presented in this proposal. To better your understanding of our associated fees, we presented an estimated per -trip price for the services we anticipate providing on this project. The provided per -trip prices assume the following factors: • A Geotechnical Engineer/engineering technician spending one (1) hour onsite for proof -roll observation and/or subgrade recommendations regarding the building pad and pavement areas. - Travel time, mileage, and report writing is factored into the unit trip price • A certified technician spending 30 minutes onsite for each base density testing trip - Four (4) density tests being conducted per trip - Travel time, mileage, and report writing is factored into the unit trip price • A Geotechnical Engineer or Engineering Technician spending one (1) hour onsite for the observation of reinforcing elements. - Travel time, mileage, and report writing is factored into the unit trip price • A certified technician spending one (1) hour onsite for each cast -in -place concrete testing trip. - MCE assumes that one (1) set of five (5) lab -cured 4" x 8" cylinders being sampled for every 50 cubic yards of concrete will satisfy testing frequency for the project based on project specifications. - Additional cylinders and onsite technician time may be required for large monolithic concrete placements exceeding 50 yd3 - Travel time, mileage, and reporting fees are included in the per -trip amount for this service • A certified technician spending two (2) to six (6) hours performing continuous observations for the placement of concrete A certified technician spending 30 minutes on -site for each grout testing trip. - Four (4) 4"x8" grout samples being conducted each trip - Travel time, mileage, and reporting fees are included in the per -trip amount for this service • A certified technician spending 30 minutes on -site for each mortar testing trip. - Three (3) 2"x2" mortar cube samples being conducted each trip - Travel time, mileage, and reporting fees are included in the per -trip amount for this service Fire Station No. 9 — Fayetteville, AR April 15, 2021 Mr. Wade Abernathy — City of Fayetteville P a g e 13 • A certified technician spending one (1) hour on -site to assist with establishing a rolling pattern during the placement of asphalt in pavement improvement areas. - Additional time spent on -site may be required if asphalt placement operations require rolling patterns at intervals per the project specifications or if the contractor requests a technician remain on -site to assist until daily placement operations conclude - Travel time, mileage, and reporting fees are included in the unit price • A certified technician spending two (2) hours on -site coring asphalt samples for laboratory testing. - Travel time, mileage, and reporting fees are included in the per -trip amount for this service • A Certified Welding Inspector (CWI) spending two (2) hours on -site for each periodic structural steel and/or welding inspection trip. Site visits relevant to continuous inspections, where applicable, may require up to eight (8) hours on -site. We also expect that the project duration will be approximately nine (9) months. From the assumptions and project details referenced above, we estimated the following per -trip prices and subtotals for each service anticipated being required: Proof Roll Observations/Subgrade Recommendations $155.00 per trip • Fire Station Building Pad.........................................................................................................................1 trip • Pavement Improvement Areas.............................................................................................................. 2 trips Subtotal: $465.00 Soil and Base Density Testing $120.00 per trip • Fire Station Building Pad (Select Fill)................................................................................................... 3 trips • Pavement Improvement Areas (Select Fill).......................................................................................... 6 trips • Pavement Improvement Areas (Base Course)..................................................................................... 3 trips • Utility Backfill and Additional Sitework.............................................................................................. 4 trips Subtotal: $1,920.00 Reinforcing Bar Observations $155.00 per trip • Perimeter Footings (Continuous and Spread).................................................................................... 4 trips • Interior Footings (Continuous and Spread)........................................................................................ 3 trips • Dumpster Enclosure Footings..................................................................................................................1 trip • Dumpster Pad..............................................................................................................................................1 trip • Interior Trench Drains................................................................................................................................1 trip Fire Station No. 9 — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville Aprill5, 2021 Page 14 • Slab-on-Grade........................................................................................................................................... 2 trips • CMU Walls (Exterior Ground-Level).........................................................................................................1 trip • CMU Walls (Interior Ground-Level).........................................................................................................1 trip • CMU Walls (Low Roof Levels)....................................................................................................................1 trip • CMU Walls Dumpster Enclosure Walls....................................................................................................1 trip Subtotal: $2,480.00 Cast -in -Place Concrete Testing $240.00 per trip • Perimeter Footings (Continuous and Spread)..................................................................................... 4 trips • Interior Footings (Continuous and Spread).......................................................................................... 3 trips • Dumpster Enclosure Footings...................................................................................................................1 trip • Dumpster Pad...............................................................................................................................................1 trip • Interior Trench Drains................................................................................................................................1 trip • Slab-on-Grade........................................................................................................................................... 2 trips - Additional fees applied for large monolithic pours Subtotal: $3,380.00 Continuous Concrete Placement Observations • The unit price will reflect an observer being onsite during all structural concrete placements to verify that concrete conveyance and depositing avoid segregation and contamination, as well as proper consolidation per IBC Table 1705.3 under special inspections. The subtotal presented below also includes report writing and administrative fees. The below subtotal estimates that project concrete placements will generally require between two (2) and six (6) hours on -site for this service, which is likely a conservative estimate. Subtotal: $3,000.00 Concrete Cylinder Pick -Up $105.00 per trip • A charge for concrete cylinder pick-up will only be applied in the event that it is the sole reason for the site visit on days where no other testing is scheduled. We have assumed that this will be required for approximately one-half (0.5) of the total concrete placements. Subtotal: $630.00 Fire Station No. 9 — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville Grout & Mortar $200.00 per trip • CMU Walls (Exterior Ground -Level Grout).........................................................................................1 trip • CMU Walls (Exterior Ground -Level Mortar).......................................................................................1 trip • CMU Walls (Interior Ground -Level Grout)..........................................................................................1 trip • CMU Walls (Interior Ground -Level Mortar)........................................................................................1 trip • Low Roof Level CMU Walls (Grout)......................................................................................................1 trip • Low Roof Level CMU Walls (Mortar)....................................................................................................1 trip • Dumpster Enclosure Walls (Grout)......................................................................................................1 trip • Dumpster Enclosure Walls (Mortar)....................................................................................................1 trip Subtotal: $1,600.00 Grout/Mortar Pick -Up $105.00 per trip Aprill5, 2021 Page 15 • A charge for grout/mortar sample pick-up will only be applied in the event that is the sole reason for the site visit on days where no other testing is scheduled. We have assumed that one-half (0.5) of the total grout/mortar testing trips will be needed for this service. Subtotal: $420.00 Asphalt Rolling Pattern $120.00 per trip • A certified technician conducting asphalt rolling patterns during asphalt placement operations. It is anticipated that one (1) trip will be required for this service. Subtotal: $120.00 Asphalt Coring $680.00 per trip • A certified technician coring asphalt samples for final laboratory acceptance testing. It is anticipated that up to four (4) cores will be required for laboratory testing. The cores will be tested for bulk -specific gravity and thickness verification. It is anticipated that one (1) trip will be conducted for this service. Subtotal: $680.00 Fire Station No. 9 — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville Structural Steel & Welding Inspections Aprill5, 2021 Page 16 Based on current project documents and specifications, MCE can provide Structural Steel inspection services, with the following factors taken into account: • The referenced project documents require special inspections per IBC Chapter 17 and AWS D1.1. • We anticipate that approximately five (5) site visits will be necessary for the periodic inspection of embed plates, structural bolt -ups, and other structural steel connections relevant to the structures. • We also anticipate that approximately three (3) site visits will be necessary for continuous observation of complete joint penetrations and fillet welds greater than 5/16" within the planned Fire Station No. 9 structure. Subtotal: $5,000.00 Estimated Budget Based on the assumptions detailed in the foregoing proposal, we can provide construction materials testing and special inspections on this project for a Not -To -Exceed Without Approval amount as detailed below: • Proof Roll Observations/Subgrade Recommendations................................................................................ $465.00 • Soil and Base Density Testing..................................................................................................................... $1,920.00 • Reinforcing Observations.............................................................................................................................. $2,480.00 • Cast -in -Place Concrete Testing....................................................................................................................... $3,380.00 • Continuous Concrete Placement Observation............................................................................................. $3,000.00 • Concrete Cylinder Pick-Up................................................................................................................................. $630.00 • Grout & Mortar Testing..................................................................................................................................... $1,600.00 • Grout & Mortar Pick-Up....................................................................................................................................... $420.00 • Asphalt Rolling Pattern......................................................................................................................................... $120.00 • Asphalt Coring...................................................................................................................................................... $680.00 • Structural Steel & Welding Inspections........................................................................................................ $5,000.00 Total Lump Sum Fee: $19,695.00 Fire Station No. 9 — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville Aprill5, 2021 Page 17 Our estimated number of trips for each testing service is based on our experience on projects in the area with similar scope and size. Our fees are directly related to the number of trips made for each service and time spent on site. If the project scope varies after the submittal of this document and prior to construction, please allow for the review/revision of this document. We appreciate the opportunity to submit this proposal for construction materials testing relevant to the Fire Station No. 9 project located in Fayetteville, Arkansas. If this Proposal is acceptable, please sign the Work Authorization Agreement at the end of this document and return a copy to our office. If there are any questions regarding this Proposal, please do not hesitate to contact us. Sincerely, Steven J. Head, P.E. Roger Bahena Principal I Geotechnical Department Head Materials Testing Supervisor Work Authorization Agreement McClelland Consulting Engineers, Inc., is authorized to proceed in accordance with this Letter of Proposal, consisting of seven (7) pages. Signature Title Date City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FACILITIES MANAGEMENT (140) 2021 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of RFQ# 21-01 Contract with McClelland Consulting Engineers, Inc., for materials testing services for Fire Station 8 in the amount of $17,786.00 and Fire Station 9 in the amount of $19,695.00, approve a project contengency in the amount of $6,000 and a budget adjustment. This is a 2019 Fire Bond project. COUNCIL DATE: LEGISTAR FILE ID-9: 5/4/2021 2021-0282 Matthew Maddc -/-, 4/15/2021 3:50 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: 5/4/2021 TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20210309 Account Name 4610.860.7108-5860.02 17,786 - 46100 7108.8315 EX Capital Prof Svcs - Engineering/Architects 4610.860.7108-5911.99 4610.860.7109-5860.02 2,847 - 19,695 - 46100 46100 7108.8315 EX 7109.8315 EX Contingency - Capital Project Capital Prof Svcs - Engineering/Architects 4610.860.7109-5911.99 4610.860.7999-5899.00 3,153 - (43,481) - 46100 46100 7109.8315 EX 7999 EX Contingency - Capital Project Unallocated - Budget K:\Budget Adjustments\2021_Budget\City Council\05-04-2021\2021-0282 BA Fire Stations 8 9 Materials Testing 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0279 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.13 MCCLELLAND CONSULTING ENGINEERS, INC. - 2019 POLICE HEADQUARTERS BOND PROJECT: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $29,515.00 FOR MATERIALS TESTING SERVICES ASSOCIATED WITH THE NEW POLICE HEADQUARTERS FACILITY, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00 AND TO APPROVE A BUDGET ADJUSTMENT - 2019 POLICE HEADQUARTERS BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a professional engineering services agreement with McClelland Consulting Engineers, Inc. in the amount of $29,515.00 for materials testing services associated with the construction of the new Police Headquarters Facility, and further approves a project contingency in the amount of $6,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 412712021 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2021-0279 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/15/2021 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of RFQ# 21-01 Contract with McClelland Consulting Engineers, Inc. for materials testing services for the Police Headquarters Facility in the amount of $29,515.00 and a contingency of $6,000 and approve a budget adjustment. This is a 2019 Police Headquartes Bond Project. Budget Impact: 4609.860.7900-5860.02 4609 - Police Projects 2019 Bonds Account Number Fund 46090.7900.8315 Police Headquarters Building Materials Testing / Survey / Geotechnical Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Project Title $ 19,787.00 $ 17,787.00 $ 2,000.00 $ 35,515.00 $ 35,515.00 2,000.00 V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Mike Reynolds, Chief of Police CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond and Building Construction Projects DATE: April 15, 2021 SUBJECT: RFQ# 21-01 Contract with McClelland Consultant Engineers, Inc. for Materials Testing for Police Headquarters Facilities Project. RECOMMENDATION: Staff recommend approval of RFQ# 21-01 Contract with McClelland Engineers, Inc. for the Materials testing at the Police Headquarters Facility in the amount of $29,515.00, approve a project contingency in the amount of $6,000 and a budget adjustment. This is a part of 2019 Police Headquarters Bond. BACKGROUND: In April of 2021, Resolution 116-21 authorized approval of Change Order#2 with Flintco LLC., for foundations, masonry, and structural steel. DISCUSSION: This contract will enable materials testing for the items approved in CO #2, in addition to testing of asphalt placement to ensure components are installed in accordance with Plans and Specifications. BUDGET/STAFF IMPACT: A budget adjustment is included. A contingency is requested in the amount of $6,000. Attachments: Proposal Letter Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 McCLELLAND 1580 E. Stearns St. N"CE CONSULT 1 NG Fayetteville, AR 72703 (� 479-443-2377 O 1 479-443-9241 F ENGINEERS, INC. www.mce.us.com March 19, 2021 CITY OF ._ FAYETTEVILLE - ARKANSAS 113 West Mount Street Fayetteville, AR 72701 ATTN: Mr. Wade Abernathy Director of Bond Projects and Facilities RE: Proposal for Construction Materials Testing and Special Inspections PDHQ Fayetteville, Arkansas Dear Mr. Abernathy, We are pleased to present a Proposal for the Construction Materials Testing and Special Inspections relevant to the planned new Police Department Headquarters (PDHQ) project to be located in Fayetteville, Arkansas. The information on the following pages provides further detail regarding the anticipated testing scope on the project which includes several trips for each service, time spent on -site for each service, and other anticipations which were integral in arriving at the lump sum fee amount. Project Description The current project scope consists of the construction of a new PDHQ building at 2300 West Deane Street in Fayetteville, Arkansas. The proposed PDHQ structure has a footprint of approximately 35,000 square -feet (sf). The PDHQ building is a multi -level structure expected to include lobby/gathering areas, offices, conference rooms, and an additional16,500 sf firing range to the south. Additional site improvements are expected to consist of paved access drives and parking areas as well as utility improvements across the site. Scope of Work It is anticipated that services for construction -materials testing and special inspections for the project will include coarse aggregate base density testing, reinforcing bar observations, cast -in -place concrete testing and continuous placement observations, grout and mortar testing, drill -and -epoxy observations, asphalt testing, and structural steel inspections. It should be noted that at the time of preparing this proposal, proof roll/subgrade observations, select fill/soil density testing, and floor flatness and levelness inspections are not expected to be required. It is our understanding that observations during earthwork operations along with select fill/soil density testing (not including aggregate PDHQ — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville March 19, 2021 Page 12 base course) will be conducted by another Geotechnical/testing firm. MCE would be happy to provide these services should they be requested, with the understanding that inspection and documentation of these items would be in addition to the scope and fee services presented in this proposal, if requested. To better your understanding of our associated fees, we presented an estimated per -trip price for the services we anticipate providing on this project. The provided per -trip prices assume the following factors: • A certified technician spending 30 minutes onsite for each base density testing trip - Four (4) density tests being conducted per trip - Travel time, mileage, and report writing is factored into the unit trip price • A Geotechnical Engineer or Engineering Technician spending one (1) hour onsite for the observation of reinforcing elements. - Travel time, mileage, and report writing is factored into the unit trip price • A certified technician spending one (1) hour onsite for each cast -in -place concrete testing trip. - MCE assumes that one (1) set of five (5) lab -cured 4" x 8" cylinders being sampled for every 50 cubic yards of concrete will satisfy testing frequency for the project based on project specifications. - Additional cylinders and onsite technician time may be required for large monolithic concrete placements exceeding 50 yd3 - Travel time, mileage, and reporting fees are included in the per -trip amount for this service • A certified technician spending two (2) to six (6) hours performing continuous observations for the placement of concrete A certified technician spending 30 minutes on -site for each grout testing trip. - Four (4) 4"x8" grout samples being conducted each trip - Travel time, mileage, and reporting fees are included in the per -trip amount for this service • A certified technician spending 30 minutes on -site for each mortar testing trip. - Three (3) 2"x2" mortar cube samples being conducted each trip - Travel time, mileage, and reporting fees are included in the per -trip amount for this service • A Geotechnical Engineer or Engineering Technician spending two (2) hours onsite for the observation of drill -and -epoxy anchor bolt installation. - Travel time, mileage, and reporting fees are included in the per -trip amount for this service A certified technician spending one (1) hour on -site to assist with establishing a rolling pattern during the placement of asphalt in pavement improvement areas. - Additional time spent on -site may be required if asphalt placement operations require rolling patterns at intervals per the project specifications or if the contractor requests a technician remain on -site to assist until daily placement operations conclude PDHQ — Fayetteville, AR March 19, 2021 Mr. Wade Abernathy — City of Fayetteville P a g e 13 Travel time, mileage, and reporting fees are included in the unit price A certified technician spending two (2) hours on -site coring asphalt samples for laboratory testing. Travel time, mileage, and reporting fees are included in the per -trip amount for this service A Certified Welding Inspector (CWI) spending two (2) hours on -site for each periodic structural steel and/or welding inspection trip. Site visits relevant to continuous inspections, where applicable, may require up to eight (8) hours on -site. We also expect that the project duration will be approximately nine (9) months. From the assumptions and project details referenced above, we estimated the following per -trip prices and subtotals for each service anticipated being required: Base Course Density Testing $120.00 per trip PDHQ Pavement Improvements (Base Course).................................................................................. 5 trips Utility Backfill and Additional Sitework (Base Course).................................................................... 3 trips Subtotal: $960.00 Reinforcing Bar Observations Police Department Headquarters $155.00 per trip • West Perimeter Footings (Continuous and Spread).......................................................................... 3 trips • West Interior Footings (Spread)............................................................................................................ 2 trips East Perimeter Footings (Continuous and Spread)........................................................................... 2 trips East Interior Footings (Spread)................................................................................................................1 trip Range Footings (Continuous and Spread)........................................................................................... 2 trips West Wing Elevator Pit Foundations.................................................................................................... 2 trips WestWing Elevator Pit Walls................................................................................................................. 2 trips EastWing Elevator Pit Foundation.........................................................................................................1 trip East Wing Elevator Pit Walls....................................................................................................................1 trip WestWing Slab-on-Grade........................................................................................................................1 trip EastWing Slab-on-Grade.........................................................................................................................1 trip RangeSlab-on-Grade............................................................................................................................. 2 trips West Wing CMU Walls, Stairwells, and Elevator Cores..................................................................... 5 trips East Wing CMU Walls, Stairwells, and Elevator Core....................................................................... 4 trips Range Ramp -Down and Perimeter CMU Walls.................................................................................. 8 trips PDHQ — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville March 19, 2021 14 WestWing Level Deck............................................................................................................................1 trip EastWing Level 2 Deck.............................................................................................................................1 trip WestWing Roof Level Deck......................................................................................................................1 trip EastWing Roof Level Deck.......................................................................................................................1 trip Subtotal: $6,355.00 Cast -in -Place Concrete Testing Police Department Headquarters $240.00 per trip • West Perimeter Footings (Continuous and Spread)............................................................................ 3 trips West Interior Footings (Spread).............................................................................................................. 2 trips East Perimeter Footings (Continuous and Spread)............................................................................. 2 trips East Interior Footings (Spread).................................................................................................................1 trip Range Footings (Continuous and Spread)............................................................................................ 2 trips West Wing Elevator Pit Foundations..................................................................................................... 2 trips WestWing Elevator Pit Walls.................................................................................................................. 2 trips East Wing Elevator Pit Foundation..........................................................................................................1 trip EastWing Elevator Pit Walls.....................................................................................................................1 trip WestWing Slab-on-Grade.........................................................................................................................1 trip Additional fees applied for large monolithic pours of all project slabs EastWing Slab-on-Grade..........................................................................................................................1 trip RangeSlab-on-Grade............................................................................................................................... 2 trips WestWing Level Deck..............................................................................................................................1 trip Additional fees applied for large monolithic pours of all project decks EastWing Level 2 Deck...............................................................................................................................1 trip WestWing Roof Level Deck.......................................................................................................................1 trip EastWing Roof Level Deck........................................................................................................................1 trip Subtotal: $5,760.00 PDHQ — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville Continuous Concrete Placement Observations March 19, 2021 Page 15 • The unit price will reflect an observer being onsite during all structural concrete placements to verify that concrete conveyance and depositing avoid segregation and contamination, as well as proper consolidation per IBC Table 1705.3 under special inspections. The subtotal presented below also includes report writing and administrative fees. The below subtotal estimates that project concrete placements will generally require between two (2) and six (6) hours on -site for this service, which is likely a conservative estimate. Subtotal: $4,500.00 Concrete Cylinder Pick -Up $105.00 per trip • A charge for concrete cylinder pick-up will only be applied in the event that it is the sole reason for the site visit on days where no other testing is scheduled. We have assumed that this will be required for approximately one-half (0.5) of the total concrete placements. Subtotal: $1,260.00 Grout & Mortar Police Department Headquarters $200.00 per trip • West Wing CMU Walls, Stairwells, and Elevator Cores (Grout)....................................................... 3 trips • West Wing CMU Walls, Stairwells, and Elevator Cores (Mortar) ..................................................... 2 trips • East Wing CMU Walls, Stairwells, and Elevator Core (Grout).......................................................... 2 trips • East Wing CMU Walls, Stairwells, and Elevator Core (Mortar)........................................................1 trip • Range Ramp -Down and Perimeter CMU Walls (Grout)................................................................. 4 trips • Range Ramp -Down and Perimeter CMU Walls (Mortar)................................................................. 2 trips Subtotal: $2,800.00 Grout/Mortar Pick -Up $105.00 per trip • A charge for grout/mortar sample pick-up will only be applied in the event that is the sole reason for the site visit on days where no other testing is scheduled. We have assumed that one-half (0.5) of the total grout/mortar testing trips will be needed for this service. Subtotal: $735.00 PDHQ — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville Drill -and -Epoxy March 19, 2021 Page 16 $245.00 per trip • Based on the provided project documents, we anticipate that a Geotechnical Engineer or Engineering Intern will be required to make approximately five (5) trips to observe the proper installation of 3/4-inch drilled - and -epoxied anchor bolts at roof -level angle connections within the planned PDHQ structure. Subtotal: $1,225.00 Asphalt Rolling Pattern $120.00 per trip • A certified technician conducting asphalt rolling patterns during asphalt placement operations. It is anticipated that two (2) trips will be required for this service. Subtotal: $240.00 Asphalt Coring $680.00 per trip • A certified technician coring asphalt samples for final laboratory acceptance testing. It is anticipated that up to six (6) cores will be required for laboratory testing. The cores will be tested for bulk -specific gravity and thickness verification. It is anticipated that one (1) trip will be conducted for this service. Subtotal: $680.00 Structural Steel & Welding Inspections Based on current project documents and specifications, MCE can provide Structural Steel inspection services, with the following factors taken into account: • The referenced project documents require special inspections per IBC Chapter 17 and AWS D1.1. • We anticipate that approximately five (5) site visits will be necessary for the periodic inspection of embed plates, structural bolt -ups, and other structural steel connections relevant to the structures. • We also anticipate that approximately three (3) site visits will be necessary for continuous observation of complete joint penetrations and fillet welds greater than 5/16" within the planned PDHQ structure. Subtotal: $5,000.00 PDHQ — Fayetteville, AR March 19, 2021 Mr. Wade Abernathy — City of Fayetteville P a g e 17 Estimated Budget Based on the assumptions detailed in the foregoing proposal, we can provide construction materials testing and special inspections on this project for a Not -To -Exceed Without Approval amount as detailed below: • Base Course Density Testing........................................................................................................................ $960.00 • Reinforcing Observations.............................................................................................................................. $6,355.00 • Cast -in -Place Concrete Testing...................................................................................................................... $5,760.00 • Continuous Concrete Placement Observation ............................................................................................. $4,500.00 • Concrete Cylinder Pick-Up.............................................................................................................................. $1,260.00 • Grout & Mortar Testing.................................................................................................................................... $2,800.00 • Grout & Mortar Pick-Up....................................................................................................................................... $735.00 • Drill -and -Epoxy Observations......................................................................................................................... $1,225.00 • Asphalt Rolling Pattern....................................................................................................................................... $240.00 • Asphalt Coring...................................................................................................................................................... $680.00 • Structural Steel & Welding Inspections...................................................................................................... $5,000.00 Total Lump Sum Fee: $29,515.00 Our estimated number of trips for each testing service is based on our experience on projects in the area with similar scope and size. Our fees are directly related to the number of trips made for each service and time spent on site. If the project scope varies after the submittal of this document and prior to construction, please allow for the review/revision of this document. We appreciate the opportunity to submit this proposal for construction materials testing relevant to the PDHQ project located in Fayetteville, Arkansas. If this Proposal is acceptable, please sign the Work Authorization Agreement at the end of this document and return a copy to our office. If there are any questions regarding this Proposal, please do not hesitate to contact us. Sincerely, t en . eac, P.E. Roger ahena Principal I Geotechnical Department Head Materials Testing Supervisor PDHQ — Fayetteville, AR Mr. Wade Abernathy — City of Fayetteville Work Authorization Agreement March 19, 2021 Page 18 McClelland Consulting Engineers, Inc., is authorized to proceed in accordance with this Letter of Proposal, consisting of eight (8) pages. Signature Title Date City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FACILITIES MANAGEMENT (140) 2021 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of RFQ# 21-01 Contract with McClelland Consulting Engineers, Inc. for materials testing services for the Police Headquarters Facility in the amount of $29,515.00 and a contingency of $6,000 and approve a budget adjustment. This is a 2019 Police Headquartes Bond Project. COUNCIL DATE: LEGISTAR FILE ID#: 5/4/2021 2021-0279 Matthew Maddo-w 411212021 12:25 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE GLDATE: I CHKD/POSTED: 5/4/2021 TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20210309 Account Name 4609.860.7900-5860.02 29,515 - 46090 7900.8315 EX Capital Prof Svcs - Engineering/Architects 4609.860.7900-5911.99 4609.860.7999-5899.00 6,000 - (35,515) - 46090 7900.8315 EX 46090 7999 EX Contingency - Capital Project Unallocated - Budget K:\Budget Adjustments\2021_Budget\City Council\05-04-2021\2021-0279 BA PDHQ Materials Testing 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0276 Agenda Date: 5/4/2021 Version: 1 Status: First Reading In Control: City Council Meetinq Agenda Number: B.1 File Type: Ordinance RPZD-2021-003: (2390 S. DEAD HORSE MTN. RDJMEADOWS AT STONEBRIDGE SD): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 21-003 FOR APPROXIMATELY 51.33 ACRES LOCATED AT 2390 SOUTH DEAD HORSE MOUNTAIN ROAD TO ALLOW THE DEVELOPMENT OF 168 RESIDENTIAL LOTS AND 1 MIXED USE LOT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves R-PZD 21-003 as described in Exhibits `A' and `B' and `C' attached to the Planning Division's Agenda Memo, which allows the development of 168 residential lots and 1 mixed use lot. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning criteria change provided in Section 1 above. City of Fayetteville, Arkansas Page 1 Printed on 412712021 City of Fayetteville Staff Review Form 2021-0276 Legistar File ID 4/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/2/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RPZD-2021-000003: Residential Planned Zoning District (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD, 646): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 2390 S. DEAD HORSE MTN. RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE subject to a bill of assurance and contains approximately 51.33 acres. The request is to rezone the property to RPZD for a subdivision with 168 residential lots and 1 mixed use lot. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 20, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: April 2, 2021 CITY COUNCIL MEMO SUBJECT: RPZD-2021-000003: Residential Planned Zoning District (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD, 646): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 2390 S. DEAD HORSE MTN. RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE subject to a bill of assurance and contains approximately 51.33 acres. The request is to rezone the property to RPZD for a subdivision with 168 residential lots and 1 mixed -use lot. RECOMMENDATION: City staff and Planning Commission recommend approval of RPZD-2021-000003 as shown in the attached Exhibits `A', `B', and `C'. BACKGROUND: The subject property is in south Fayetteville off S. Dead Horse Mountain Road, just west of Stonebridge Meadows Golf Club. Currently zoned RSF-4, Residential Single -Family, 4 Units per Acre, the property was previously part of the Villas at Stonebridge Planned Zoning District, which expired in 2015. Upon the project's expiration, staff recommended the property revert back to its original zoning of R-A, Residential -Agricultural; the property was eventually rezoned to its current district, with an associated Bill of Assurance limiting the density to 2.5 units per acre (RZN 15- 5194, Ordinance 5842). In February 2018, a preliminary plat for Meadows at Stonebridge Subdivision was approved on this property (PPL18-6063), which was not built. The property is currently rural and undeveloped in nature, and encompasses 51.33 acres. After the Planning Commission meeting on March 22, 2021, the applicant submitted a revised booklet making revisions that were listed as conditions of approval. Those are shown in Exhibit C as completed, and the revised booklet is included in this memo. Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District with 4 planning areas, described as follows: Planning Area 1 — 5.30 acres: This planning area is residential in nature, with allowable uses including single-family dwellings and accessory dwelling units, and a proposed density of 3.77 units per acre. There is no lot width minimum, allowing for tandem lots in Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 areas near Dead Horse Mountain Road where the property's shape restricts a standard lot -and -block pattern; for lots without street frontage, there is a minimum 15-foot setback from all sides, mirroring the City's tandem lot ordinance. For all other lots, the applicant has included a build -to -zone rather than a front setback, 5-foot side setbacks, and a 15- foot rear setback. • Planning Area 2 — 14.93 acres: Alley, rear -loaded single-family dwellings make up the primary usage of this planning area, and the applicant proposes lot widths and setbacks similar to the City's NC, Neighborhood Conservation zoning district. The applicant proposes a density of 3.48 units per acre. • Planning Area 3 — 25.06 acres: Planning Area 3 is also characterized by single-family dwellings and accessory dwelling units, with very similar parameters to the City's RSF-4, Residential Single -Family, 4 Units per Acre zoning district, though also proposes a build - to -zone rather than a front setback. The proposed density for this Planning Area is 3.03 units per acre. Planning Area 4 — 5.05 acres: Planning Area 4 is designed to allow a wider variety of uses beyond single-family residential, including 2-, 3- and 4-family dwellings, and limited non- residential uses, including sidewalk cafes, small-scale establishments, and home occupations. This Planning Area also allows for zero lot line side setbacks, and also includes a build -to -zone in the front of each lot. The proposed density for this Planning Area is 5.94 units per acre. Land Use Compatibility: Staff finds that the updated proposal is generally compatible with surrounding land uses, and that the additional provision of limited non-residential uses offsets initial concerns about the proposed density. The area, though rural in nature, has seen recent development, and with the inclusion of services in this proposal helps enable walkability for the existing and future residents in an area that is currently lacking in available amenities or services. The inclusion of front build -to -zones rather than front setbacks also leans toward pedestrian friendliness for the community. The proposed extension of bike trail throughout to the nearby Saint Paul Trail would also help connect this neighborhood to existing development. Staff also finds that the updated proposal provides additional open space for the use of the residents. Land Use Plan Analysis: Staff finds that the proposal is in line with the goals in City Plan 2040 and adopted land use policies, though with its designation as a Rural Residential Area, is still not completely in line with that designation. The infill score for this site is also low, which appears to counter the City's stated goal towards making infill development a priority. The Master Street Plan, however, does classify Dead Horse Mountain Road as a Neighborhood Link Street, which calls for a design service volume of 6000 vehicle trips per day, indicating that future development could be absorbed should the street be redeveloped to those standards. Staff also finds that the urban design considerations on the site, such as the use of build -to -zones rather than front setbacks, alley -loaded development, and the addition of potential limited services lean this neighborhood towards pedestrian friendliness. Staff also finds that the differentiated lot sizes and the allowance of additional housing types beyond single-family residential lean this neighborhood towards meeting the goals of becoming a complete, compact, and connected neighborhood. On the balance of considerations, staff finds the proposed PZD to be compatible and consistent with existing land uses and adopted land use plans. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from 2 to 4. The elements vary by the area of the property being considered, and include the following: • Near Park (Combs Park) • Near Sewer Main (8-inch main bisecting the site east and west) • Near Paved Trail (Saint Paul Trail) • Appropriate Fire Response (Station #3, 1050 S. Happy Hollow Road) DISCUSSION: At the February 22, 2021 Planning Commission meeting, the applicant requested to table themselves until the March 8, 2021 Planning Commission meeting to work out final details to the proposal and make additional changes. The applicant submitted an updated booklet, though staff did not receive updated plans. At the March 8, 2021 Planning Commission meeting, staff recommended tabling the item to the March 22, 2021 Planning Commission due to an incomplete submission received from the applicant. Planning Commission voted to table the item to allow the applicant sufficient time to submit documents for staff to consider ahead of this meeting. The applicant submitted updated and complete information, which was under review for the March 22 Planning Commission meeting. At the March 22, 2021 Planning Commission meeting, Commissioners voted to forward the item to City Council with a recommendation of approval with a vote of 5-3-1. Commissioners Johnson, Paxton, and Garlock voted against the proposal, and Commissioner Sharp recused. Commissioners in support of the item found that the addition of services on the site allowed for walkability within the proposed neighborhood, and found that the varying lot sizes could allow for a variety of housing types. Commissioners in opposition to the proposal found that the item was sprawl and did not support the added density to the site. Public comment was issued at the meeting from an employee of the adjacent Stonebridge Meadows Golf Course, who had concerns about potential trespassing and liability issues concerning errant balls for the future residents. Another adjacent property owner spoke in opposition to the proposal, preferring that the property maintain its current zoning with the associated Bill of Assurance and that the developer and engineers on the project had not spoken to him about the current proposal. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Exhibit C • Planning Commission Staff Report with Updated PZD Booklet EXHIBIT 'B' PZD-2021-000003 PART OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST AND ALL OF TRACT 3, PER PREVIOUS SURVEY BY RLS56, DATED: 01/28/2005 (WASHINGTON COUNTY DOCUMENT NO.: 2005-00015573), ALSO BEING PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) AND PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 24 AND PART OF THE NORTHEAST QUARTER (NE 1/4). PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4), AND PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 25, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING STONE WITH A SET MAG NAIL IN CENTER MARKING THE NORTHWEST CORNER OF NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 25; THENCE N86°50'10"W, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 24, 1000.37 FEET TO A SET MAG NAIL IN THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD; THENCE LEAVING THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 24, NO3°03'03"E, ALONG THE CENTERLINE OF SAID DEAD HORSE MOUNTAIN ROAD, 596.08 FEET TO A SET MAG NAIL; THENCE LEAVING THE CENTERLINE OF SAID DEAD HORSE MOUNTAIN ROAD AND ALONG THE NORTHERLY AND EASTERLY LINE OF SAID TRACT 3, PER PREVIOUS SURVEY BY RLS56 AND ALONG THE SOUTHERLY AND WESTERLY LINE OF TRACT 4 OF SAID PREVIOUS SURVEY BY RLS56, THE FOLLOWING COURSES (BEARING AND DISTANCES): S86°59'55"E, 66.12 FEET TO AN EXISTING REBAR (RLS56); 556-33'59"E, 339.52 FEET TO AN EXISTING REBAR (RLS56); S81°25'27"E, 630.67 FEET TO AN EXISTING REBAR (RLS56); S33°49'14"E, 271.57 FEET TO AN EXISTING REBAR (RLS56); N88°15'09"E, 161.28 FEET TO AN EXISTING REBAR (RLS56); S42°11'24"E, 488.85 FEET TO AN EXISTING REBAR (RLS56); SO4°36'57"E, 927.99 FEET TO AN EXISTING REBAR (RLS56); S16°00'18"W, 713.43 FEET TO AN EXISTING REBAR (RLS56); S70°36'59"W, 185.39 FEET TO AN EXISTING REBAR; S32°38'47"W, 422.43 FEET TO AN EXISTING REBAR; THENCE LEAVING THE NORTHERLY AND EASTERLY LINE OF SAID TRACT 3, PER PREVIOUS SURVEY BY RLS56, N87°05'30"W, 222.74 FEET TO AN EXISTING REBAR MARKING THE SOUTHEAST CORNER OF A PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972; THENCE ALONG THE SOUTHERLY, WESTERLY, AND NORTHERLY LINES OF SAID PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972, THE FOLLOWING COURSES (BEARING AND DISTANCES): N87°05'30"W, 213.89 FEET TO AN EXISTING REBAR; NO2°34'53"E, 1275.30 FEET TO AN EXISTING REBAR; S73°22'04"W, 818.85 FEET TO A SET 1/2" REBAR; NO2°34'53"E, 42.23 FEET TO A SET 1/2" REBAR ON THE NORTHERN RIGHT-OF-WAY OF THE OLD RAILROAD RIGHT-OF-WAY; N73°22'04"E, ALONG THE NORTHERN RIGHT-OF-WAY OF THE SAID OLD RAILROAD RIGHT-OF-WAY, 1045.35 FEET TO AN EXISTING 12" WOOD FENCE CORNER POST MARKING THE NORTHEAST CORNER OF SAID PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972 AND ON THE WEST LINE OF SAID NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 25, ALSO BEING THE WEST LINE OF SAID TRACT 3, PREVIOUS SURVEY BY RLS56; EXHIBIT 'B' PZD-2021-000003 THENCE LEAVING THE SOUTHERLY, WESTERLY, AND NORTHERLY LINE OF SAID PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972, NO2°34'53"E, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 25, ALSO BEING THE WEST LINE OF SAID TRACT 3, PREVIOUS SURVEY BY RLS56, 842.69 FEET TO THE POINT OF BEGINNING, CONTAINING 51.325 ACRES, MORE OR LESS, BEING SUBJECT TO PUBLIC ROAD RIGHTS -OF -WAY AND ANY EASEMENTS OF RECORD, ACCORDING TO A SURVEY BY ANDERSON SURVEYING, INC., RLS1272, JOB# 17-01-11. EXHIBIT 'C' PZD-2021-000003 CONDITIONS OF APPROVAL Staff and Planning Commission recommend the following conditions of approval: 1. Revise the PZD booklet and plans to reflect the following: a. Booklet includes a copy of the current Bill of Assurance on the property, which will become null and void. Add supporting text to explain its purpose in the packet, to clarify that it is not the intend to include a Bill of Assurance with the current proposal. 2. Any proposed lots without frontage shall provide adequate access for water, sewer, and emergency services; 3. Proposed streets shall meet minimum 2040 Master Street Plan requirements for Residential Link Streets and alleys; additional variances will be needed for alternative street sections; 4. Proposed fire apparatus access roads shall meet requirements as stated by all applicable fire codes; 5. Traffic Impact Study (TIS) shall be provided at the time of development proposal; 6. A statement from an environmental professional regarding the presence of wetlands must be provided at the time of development proposal. Additionally, the Planning Commission recommends the following: Revise the PZD booklet and plans to reflect the following: b. Add specific language to ensure that Lot 174 shall be developed with commercial uses prior to residential uses. c. Lots 82-96 shall include uses 12a and 24. CITY OF ti FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING: March 22, 2021 Updated with PC hearing results from 3/22/2021 SUBJECT: RPZD-2021-000003: Residential Planned Zoning District (2390 S. DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD, 646): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 2390 S. DEAD HORSE MTN. RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 51.33 acres. The request is to rezone the property to RPZD for a subdivision with 168 residential lots and 1 mixed -use lot. RECOMMENDATION: Staff recommends forwarding PZD-2021-000003 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to approve PZD-2021-000003 until the next scheduled Planning Commission meeting." FEBRUARY 22, 2021 PC HEARING The applicant requested to table themselves until the March 8, 2021 Planning Commission meeting to work out final details to the proposal and make additional changes. The applicant submitted an updated booklet, though staff did not receive updated plans. MARCH 8, 2021 PC HEARING Staff recommended tablina the item to the March 22. 2021 Plannina Commission due to an incomplete submission received from the applicant. Planning Commission voted to table the item to allow the applicant sufficient time to submit documents for staff to consider ahead of this meetina. The aDDlicant submitted uDdated and comDlete information. which is under consideration in this report. BACKGROUND: The subject property is in south Fayetteville off S. Dead Horse Mountain Road, just west of Stonebridge Meadows Golf Club. Currently zoned RSF-4, Residential Single -Family, 4 Units per Acre, the property was previously part of the Villas at Stonebridge Planned Zoning District, which expired in 2015. Upon the project's expiration, staff recommended the property revert back to its original zoning of R-A, Residential -Agricultural; the property was eventually rezoned to its current district, with an associated Bill of Assurance limiting the density to 2.5 units per acre (RZN 15- 5194, Ordinance 5842). In February 2018, a preliminary plat for Meadows at Stonebridge Subdivision was approved on this property (PPL18-6063), which was not built. The property is currently rural and undeveloped in nature, and encompasses 51.33 acres. Surrounding land uses and zoning is depicted in Table 1. Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 1 of 51 Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped; Golf Club R-A, Residential -Agricultural South Undeveloped; Single -Family R-A, Residential -Agricultural; Residential Washington County East Golf Club R-A, Residential -Agricultural West Single -Family Residential R-A, Residential -Agricultural; Washington County Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District with 3 planning areas, described as follows: Planning Area 1 — 5.30 acres: This planning area is residential in nature, with allowable uses including single-family dwellings and accessory dwelling units, and a proposed density of 3.77 units per acre. There is no lot width minimum; for lots without street frontage, there is a minimum 15-foot setback from all sides. For all other lots, the applicant has included a build -to -zone rather than a front setback, 5-foot side setbacks, and a 15- foot rear setback. • Planning Area 2 — 14.93 acres: Alley, rear -loaded single-family dwellings make up the primary usage of this planning area, and the applicant proposes lot widths and setbacks similar to the City's NC, Neighborhood Conservation zoning district. The applicant proposes a density of 3.48 units per acre. • Planning Area 3 — 25.06 acres: Planning Area 3 is also characterized by single-family dwellings and accessory dwelling units, with very similar parameters to the City's RSF-4, Residential Single -Family, 4 Units per Acre zoning district, though also proposes a build - to -zone rather than a front setback. The proposed density for this Planning District is 3.03 units per acre. • Planning Area 4 — 5.05 acres: Planning Area 4 is designed to allow a wider variety of uses beyond single-family residential, including 2-, 3- and 4-family dwellings, and limited non-residential uses, including sidewalk cafes, small-scale establishments, and home occupations. This Planning Area also allows for zero lot line side setbacks, and also includes a build -to -zone in the front of each lot. Public Comment: Staff has received inquiries on the proposal, but has not received any comments in support or opposition to the proposal at this time. INFRASTRUCTURE: Streets: The subject property has approximately 600 feet of frontage along the east side of Dead Horse Mountain Road. This road is paved (approximately 23 feet wide), but is otherwise unimproved, and consists of open ditches on either side. Any street improvements required in these areas would be determined at the time of development proposal. It should be anticipated that a Traffic Impact Study (TIS) will be required at the time of development proposal. This TIS should identify impacts to nearby streets due to increased traffic. Specifically, analysis should be provided where the subdivision connects to Dead Horse Mountain Road, and at the intersection of S. Stonebridge Road, and E. Huntsville Road (Hwy 16). Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 2 of 51 Water: Public water is available to the subject property. However, an offsite extension may be required. A 6" diameter water main is located along the west side of Dead Horse Mountain Road near the property's frontage. While it is possible to connect to this existing main to provide service, it will not be adequate for a development this size, nor will it be adequate to supply necessary fire flows. The developer must include a looped water main connection throughout the property, with the primary connection occurring on the 12" water main south and west of the property offsite. Sewer: Sanitary sewer is available to the subject property. Currently an existing 8" sewer main bisects the property running east -west near the southern end of Planning Area 2. Sewer service in this area is provided by means of a series of lift stations that ultimately direct flows to the Noland Treatment Plant. Based on previous experience with similar development proposals on this property, the existing lift stations and associated sewer network will have capacity to provide service to this proposed development. Drainage: No portion of the property is located within the Hillside -Hilltop Overlay District, nor are there any protected streams, and no portion of the site is within a FEMA Floodplain. GIS information does indicate the presence of hydric soils, near the lower lying areas. A statement from an environmental professional regarding the presence of wetlands must be provided at the time of development proposal. 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. The site will be protected by Station 3, located at 1050 S Happy Hollow. The property is located approximately 2.3 miles from the fire station with an anticipated drive time of approximately 5 minute 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. Police: The Police Department did not comment on this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040's Future Land Use Map designates the properties within the proposed rezone as Rural Residential Area. Rural Residential Areas recognize existing low -density large lot development but are identified to encourage the conservation and preservation of woodlands, grasslands, or agricultural lands that are sparsely settled. These areas may or may not have adequate street and water infrastructure or public services, such as police and fire protection to support urban or suburban densities and development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from 2 to 4. The high score translates to a weighted score of 3.5 at the highest level. The elements vary by the area of the property being considered, and include the following: • Near Park (Combs Park) • Near Sewer Main (8-inch main bisecting the site east and west) • Near Paved Trail (Saint Paul Trail) • Appropriate Fire Response (Station #3, 1050 S. Happy Hollow Road). Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 3 of 51 FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds that the updated proposal is generally compatible with surrounding land uses, and that the additional provision of limited non-residential uses offsets initial concerns about the proposed density. The area, though rural in nature, has seen recent development, and with the inclusion of services in this proposal helps enable walkability for the existing and future residents in an area that is currently lacking in available amenities or services. The inclusion also of front build -to -zones rather than front setbacks also leans toward pedestrian friendliness for the community. The proposed extension of bike trail throughout to the nearby Saint Paul Trail would also help connect this neighborhood to existing development. Staff also finds that the updated proposal provides additional open space for the use of the residents. Land Use Plan Analysis: Staff finds that the proposal is in line with the goals in City Plan 2040 and adopted land use policies, though with its designation as a Rural Residential Area, is still not completely in line with that designation. The infill score for this site is also low, which appears to counter the City's stated goal towards making infill development a priority. The Master Street Plan, however, does classify Dead Horse Mountain Road as a Neighborhood Link Street, which calls for a design service volume of 6000 vehicle trips per day, which does indicate that future development could be absorbed should the street be redeveloped to those standards. Staff also finds that the urban design considerations on the site, such as the use of build -to -zones rather than front setbacks, alley -loaded development, and the addition of potential limited services lean this neighborhood towards pedestrian friendliness. Staff also finds that the differentiated lot sizes and the allowance of additional housing types beyond single-family residential lean this neighborhood towards meeting the goals of becoming a complete, compact, and connected neighborhood. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is not necessarily justified to accommodate development of this area; there was a previously -approved preliminary plat on this site under the property's current zoning of RSF-4, Residential Single -Family, 4 Units per Acre, that also met the requirements of the associated Bill of Assurance. That said, the added density with the addition of non-residential uses in this area, added open space, and potential connection to a bike trail gives shows that this proposed development is more sensitive to the surroundings and future of the area than the development that was previously approved. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 4 of 51 Finding: The proposed PZD zoning will increase traffic, and possibly to a significant degree. With the addition of potentially 168 homes staff finds this may negatively contribute to traffic counts on Dead Horse Mountain Road, with residents having no viable alternative transportation option. That said, with the addition of potential walkable services in the area, staff finds that this somewhat alleviates this concern. Staff also finds that the proposal provides connection to an existing bike trail, which does work in the development's favor towards the future reduction of traffic counts, but this does little to provide connectivity to the development in the short term. Staff finds that given the proposed unit counts and proposed densities, the applicant should plan to submit a Traffic Impact Study (TIS) with any proposed preliminary plat, should the rezoning at this site be approved. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from its current zoning designation will significantly alter the potential population density in the area. Initial Engineering Division review indicates that utility extensions or upgrades are likely required, especially with regards to current water service to the site, which does not currently have the capacity to serve a development of this size. No comments were received from the Fayetteville Public School district. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A Sec. 161.35. Planned Zoning Districts (PZD) (B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 5 of 51 (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10)Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11)Recognized zoning consideration. Whether any other recognized zoning consideration would be violated in this PZD. Findings: As outlined in previous findings, staff finds that the proposal is in line with the factors that may be considered with a Planned Zoning District. The proposal introduces the potential for a variety of housing types, and introduces some compatible neighborhood services to the area as well. By adding an additional RECOMMENDATION: Staff recommends forwarding PZD-2021-000003 to City Council, with a recommendation of approval, with conditions as outlined below. Conditions of Approval: 1. Revise the PZD booklet and plans to reflect the following: a. Booklet includes a copy of the current Bill of Assurance on the property, which will become null and void. Add supporting text to explain its purpose in the packet, to clarify that it is not the intend to include a Bill of Assurance with the current proposal. 2. Any proposed lots without frontage shall provide adequate access for water, sewer, and emergency services; 3. Proposed streets shall meet minimum 2040 Master Street Plan requirements for Residential Link Streets and alleys; additional variances will be needed for alternative street sections; 4. Proposed fire apparatus access roads shall meet requirements as stated by all applicable fire codes; 5. Traffic Impact Study (TIS) shall be provided at the time of development proposal; 6. A statement from an environmental professional regarding the presence of wetlands must be provided at the time of development proposal. Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 6 of 51 Planning Commission Action: 0 Forwarded 13 Tabled O Denied Meeting Date: March 22, 2021 Motion: Winston Second: Hoffman with conditions as recommended by staff, and additional below. Vote: 5-3-1 (Commissioners Johnson, Paxton, Garlock opposed; Commissioner Sharp recused) BUDGET/STAFF IMPACT: None Attachments: • Urban Forestry Memo • Applicant Request Letter • PZD Booklet • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map Additions to Condition #1: Revise the PZD booklet and plans to reflect the following: a. Booklet includes a copy of the current Bill of Assurance on the property, which will become null and void. Add supporting text to explain its purpose in the packet, to clarify that it is not the intend to include a Bill of Assurance with the current proposal. b. Add specific language to ensure that Lot 174 shall be developed with commercial uses prior to residential uses. c. Lots 82-96 shall include uses 12a and 24. All other conditions as outlined by staff. Planning Commission March 22, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 7 of 51 CITY OF �- FAYETTEVILLE ARKANSAS Planning Commission Memo TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Melissa Evans, Urban Forester MEETING DATE: March 22, 2021 SUBJECT: PZD-2021-000003: Administrative Item (DEAD HORSE MOUNTAIN ROAD/MEADOWS AT STONEBRIDGE): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at DEAD HORSE MOUNTAIN ROAD. The property is currently zoned RSF-4, and contains approximately 51.325 acres. The request is for the property to be zoned PZD, PLANNED ZONING DISTRICT with 161 residential lots. RECOMMENDATION: Urban Forestry Staff does recommends the approval of PZD-2021-000003 in that the PZD booklet states that Chapter 167 Tree Preservation and Protection and Chapter 177 Landscape Regulations requirements will be met. The required minimum existing tree canopy coverage is 25% for PZDs. It is understood that the existing canopy may currently be under 25% in which case that will be the minimum canopy preservation requirement. It is highly recommended that as many trees be preserved as possible to meet the requirement, and that utility and infrastructure be designed around the trees. The plat shows lots with existing trees which will be under the care of future homeowners, including their decision to let the trees remain or remove them. While code does not provide a way for such trees to be preserved in an easement, it needs to be understood that the current lot design would allow future removal by homeowners, if many trees can be preserved on the lots with house and driveway construction. Chapter 177 Landscape Regulations must be met also, including one street tree per lot and detention pond plantings. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevillP%j 2021 Fayetteville, AR 72701 Agda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 8 of 51 OW 300 North College, Suite 317 Fayetteville, 270 Crafton Tull 479.45455.2207 architecture I engineering 1 surveying craftontull.com January 13, 2021 City of Fayetteville Attn: Planning Commission 113 West Mountain St Fayetteville, AR 72701 Re: The Meadows at Stonebridge PZD To whom it may concern, The request made herein is for the property located at 2390 S Dead Horse Mountain Rd to rezone from RSF-4 to PZD. The Meadows at Stonebridge is a 51.325 acre proposed development containing three planning areas with a total of 158 buildable residential lots. Because of the unique shape of the parcels, along with the existing topography of the site, we are requesting these specific planning areas in order to increase the density of the overall project, provide a mix of lot sizes and types, and increase the efficiency of the layout and associated infrastructure improvements. By achieving the aforementioned objectives, we are better able to meet the City Plan 2040 Goals and further provide opportunities for attainable housing. It is important to note that, although some of the planning areas proposed have minimum regulations that would allow for densities greater than four units per acre, the overall density of each individual planning area and the proposed development as a whole still fall short of four units per acre. We feel that this proposed zoning request is compatible with surrounding uses and we respectfully request your favorable consideration in this matter. Sincerely, Bradley Bridg s, PE Project Manager Crafton Tull Planning Commission March 22 2021 PZD-21-000003 Meadows at Stonebridge SD Page 9 of 51 March 23, 2021 PZD BOOKLET Prepared for: Rouse & Rouse Development, LLC EXHIBIT Updated PZD Booklet The Meadows at Stonebridge PZD Submitted to. City of Fayetteville 125 W Mountain St. Fayetteville, Arkansas 72701 CT JOB NO. 20301000 Prepared by: 300 North College, Suite 317 Fayetteville, AR 72701 1 479-455-2207 www.craftontull.com INDEX PROJECT INFORMATION • TYPICAL STREET CROSS SECTIONS PLAT INFORMATION • OVERALL PRELIMINARY PLAT PLAN • ZONING AND DEVELOPMENT STANDARDS BY PLANNING AREA • MASTER PLAN EXHIBITS: • ARCHITECTURAL RENDERINGS C4 P. I Grafton Tull CITY OF 00 FAYETTEVILLE IV ARKANSAS CITY PLAN 2040 GOALS WE WILL MAKE APPROPRIATE INFILL AND REVITALIZATION OUR HIGHEST PRIORITY • WE WILL DISCOURAGE SUBURBAN SPRAWL WE WILL MAKE COMPACT, COMPLETE, AND CONNECTED DEVELOPMENT THE STANDARD WE WILL GROW A LIVABLE TRANSPORTATION NETWORK • WE WILL ASSEMBLE AN ENDURING GREEN NETWORK WE WILL CREATE OPPORTUNITIES FOR ATTAINABLE HOUSING C4 P. I Grafton Tull Ctfl) Grafton Tull 1A CURRENT OWNERS: Parcel 765-15269-101: Rouse & Rouse Development, LLC 9422 Rogers Ave Fort Smith, AR 72903 Parcel 765-15268-451: Rouse & Rouse Development, LLC 9422 Rogers Ave Fort Smith, AR 72903 1■ J Parcel 765-15269-950: Rouse & Rouse Development, LLC 9422 Rogers Ave Fort Smith, AR 72903 Parcel 765-15268-350: Rouse & Rouse Development, LLC 9422 Rogers Ave Fort Smith, AR 72903 The Meadows at Stonebridge is a proposed 175 lot (169 buildable), 51.325 acre residential subdivision, located east of S Dead Horse Mountain Road adjacent to the Stonebridge Meadows Golf Club in Fayetteville. The property is currently zoned RSF-4 with a Bill of Assurance that restricts the density to 2.5 units per acre. We are seeking to rezone to Planned Zoning District (PZD) to allow for the desired density of 3.5 units per acre in the development. Rezoning of the property to PZD will null and void the current Bill of Assurance. The proposed development consists of 168 residential lots, 1 lot specifically allocated for mixed use, along with additional lots allocated for open/greenspace and storm water retention facilities. The development will be serviced by City of Fayetteville water and sanitary sewer. „A Site Location I CO) Grafton Tull 1C 1. STREET AND LOT LAYOUT Currently, the only way to access the site is to turn off of S Dead Horse Mountain Rd onto a narrow gravel drive that terminates on the west side of the property. With the construction of this development, we plan to bring the road through the site with a stub -out on the east property line. An additional connection to Dead Horse Mountain Rd will be made on the northern side of the property to increase access. Additional future connections to the development will be made possible through proposed stub -outs on the southern (facing west) and northern (facing south and north) ends of the property. A proposed trail running west to east will also ensure future connection to the existing trail network with development of adjacent property. On the northwest corner of the site lies 20 tandem lots, in Planning Area 1, zoned similar to RSF-4; for which, the lots away from the road will have access through shared drives within a dedicated 15' wide access easement. These lots have no minimum width requirement to allow for the tandem lots. The center of the development is comprised of 52 lots, in Planning Area 2, zoned similar to NC. Of these lots, 37 will have rear access provided through alleyways. The remaining 15 lots in this planning area will be accessed from the street. There are an additional 76 lots, in Planning Area 3, zoned similar to RSF-4 with standard access provided from the street. Planning Area 4 contains a total of 21 lots and is zoned similar to NS-G. One of the lots is specifically set aside for mixed use and must contain some type of business/commercial element. A maximum of ten dwelling units will be allowed on this lot as part of a mixed use building. There are 6 unbuildable lots, 3 of which are set aside for open space. A description of home frontage and access is described below: CIL� Grafton Tull Lot Number■ 1-48 Street Street Street Street Access Street Alleyway Street Alleyway Alleyway Street Shared Drive 49-64 65-96 97-124 125-133 134-139 140-144 145-156 Trail Street Tandem Lot Street Tandem Lot Street Shared Drive 157-161 162-168 Street Street 174 Street Street Lots 171, 173, 175 are unbuildable Lots 169, 17D, 172 are open space Please refer to the Masterplan within the Plat Information portion of this report. 2. SITE PLAN SHOWING PROPOSED IMPROVEMENT The proposed site is a 175 lot (169 buildable) mixed use development, comprised mostly of single family residential dwellings. Access will be off S Dead Horse Mountain Rd. Homes will be accessed off a combination of residential streets and alleys with access to tandem lots away from the street provided through 15' access easements connected to the right of way. Most homes in the development will front the street, save for ten tandem lots in Planning Area 1, away from the street, which will front green space along with 9 lots in Planning Area 2 that front the trail and open space/retention area. Water, sewer and storm sewer will be constructed within the development to service the homes. Utility easements will be provided to allow for franchise utility connections. Please refer to the Plat Information portion of this report to view the Site Plan. 3. BUFFER AREAS There are several areas designated as open space within the proposed property, most of which are designed around existing or proposed retention ponds. These areas also include existing tree canopy that will provide areas for residential recreation and relaxation. I CO) Grafton Tull 4. TREE PRESERVATION AREAS Tree canopy cover on the existing site is minimal with the exception of clusters around the western & northwestern boundaries of the site. Trees will be undisturbed as far as is feasible while also allowing for proper infrastructure and utility construction and installation. Open space areas that have been designated within the development were chosen for their natural resources and tree canopy. The development will comply with the standards set forth in UDC Chapter 167 for Tree Preservation and Protection (existing conditions for canopy cover are less than 25%). 5. STORM WATER DETENTION AREAS AND DRAINAGE The 51.325 acre site is currently comprised mostly of grassland. The property generally drains from southeast to northwest. There are four different study points - one being in the NW corner of the site containing a small amount of area (1), one being a pond just offsite to the northeast (2), one being the outfall of an offsite pond to S Dead Horse Road (3), and one being an offsite low point to the west (4). The placement of the proposed storm water retention ponds are such that they are located to intercept and hold water before points two (2) and three (3). Study points one (1) and four (4) will receive marginal amounts of site flow. The ponds will be sized to meet the requirements set forth in the City of Fayetteville Drainage Criteria Manual. 117 �- �- r 1�.` 6. UNDISTURBED NATURAL AREAS A one acre area located along the eastern property line has been set aside to be preserved as open space. This area contains an existing pond and tree canopy that �,;'� Grafton Tull will provide an opportunity for residents to utilize for recreational enjoyment. There are several other areas of open space near retention ponds and along the proposed trail for recreational use. These areas have been chosen for their locations in relation to natural resources and tree canopy. As stated above, open space and existing trees will be an invaluable part of the neighborhood and will be protected when possible per UDC Chapter 167. 7. EXISTING AND PROPOSED UTILITY CONNECTIONS AND EXTENSIONS An existing sanitary sewer line (8" PVC) runs through the site to a lift station just northeast of the site. A new line will be installed that independently connects to the existing lift station. Water will be connected to the existing 6" line at the northwest corner of the site and to the 12" line southwest of the site. Utility easement for this portion of offsite water improvement is already in place. All water, sanitary sewer, and storm sewer will be designed and installed per City of Fayetteville standards and specifications. 4♦t — °o a a a n o a I® v ® a a a a � H[lRf�cF 6" Water Main o o w s col U8 a -• I I Existing LITE, Station --•---- o a� moo__ I a Site Location J I I I _ I �;. 12" Water Main � S s �:�bal aoe •_ i ` I 8. DEVELOPMENT AND ARCHITECTURAL DESIGN STANDARDS This development will comply with City of Fayetteville UDC Chapter 166.23 — Urban Residential Design Standards. �,J'� Grafton Tull 9. BUILDING ELEVATIONS Please refer to the architectural renderings attached to this report to view example building elevations for Planning Area 1. These elevations are from recently constructed single family homes by the developer on lots of similar size and terrain as those found in Planning Area 1. No conceptual renderings or elevations have been produced at this time for other Planning Areas. Building elevations will be submitted at the time of development and will meet the requirements as stated in 1.C.8 of this report. 1D This PZD consists of 51.325 acres consisting of four Planning Areas. Planning Area 1 is designated similar to the standards ascribed to RSF-4 with no minimum lot width to allow for tandem lots to be constructed. Planning Area 2, proposed similar to NC, will comprise of 52 lots, 37 of which will have rear access with garages located along the alleyway. The remaining 15 lots, Lots 82-96, in Planning Area 2, will access from the street. Lots 82-96 will also allow Unit 12a and Unit 24 as a Permitted Use. Planning Area 3 is very similar to RSF-4 with a slightly reduced minimum lot width and contains the bulk of the development with 76 lots. Planning Area 4 is proposed similar to NS-G, with Lot 174 specifically set aside to allow for some type of business/commercial aspect for the development. Lot 174 must contain a commercial element allowed by the uses stated in 1 F of this report. The idea is to construct a mixed use structure(s) that will allow up to a maximum of ten dwelling units on the lot, along with some type of beneficial business or service for convenience and enjoyment of residents. The commercial use must be developed prior to residential uses on Lot 174. Additionally, there are 16 lots that will contain eight two-family dwellings with alleyway access and a zero lot line, along with four single family lots accessed by street. 1E Planning Area 1: A) Purpose. This PZD is designed to promote attainable and resourceful living space for single-family residences. B) Uses. 1. Permitted Uses: Unit 1 — City-wide uses by right Unit 8 — Single-family dwellings Unit 41 —Accessory dwellings 2. Conditional Uses: Unit 2 — City-wide uses by conditional use permit Unit 3 — Public protection and utility facilities Unit 4 — Cultural and recreational facilities Unit 5 — Government facilities CIL� Grafton Tull Unit 9 — Two-family dwellings Unit 12a — Limited business Unit 24 — Home occupations Unit 36 — Wireless communications facilities Unit 44 — Cluster Housing Development C) Density: 3.77 Units/Acre (20 dwelling units on 5.30 Acres) D) Bulk and Area Regulations: 1. Lot Width Minimum: None 2. Lot Area Minimum: 6,500 sqft E) Setback Requirements: Front Side Rear A build -to zone that is located 5 feet; 15 feet between the front property line and a Tandem line 25 ft. from the front property line Lots 15 Tandem Lots: 15 feet F) Building Height Regulations: 1. Building Height Maximum: 3 Stories G) Max Building Area: There are no maximum or minimum building area requirements. H) Minimum Buildable Street Frontage: 50%; Tandem Lots: None 1) Landscaping: Compliance with Unified Development Code Standards (UDC) Chapter 177 J) Parking: Compliance with UDC 172 Parking and Loading K) Signage: Compliance with UDC 174 Signs for single-family residential property Planning Area 2: A) Purpose: This PZD district is designed to promote and encourage the efficient development of single-family residences on this particular property. B) Uses. 1. Permitted Uses: Unit 1 —City-wide uses by right Unit 8 — Single-family dwellings Unit 41 —Accessory dwellings CIL� Grafton Tull 2. Conditional Uses: Unit 2 — City-wide uses by conditional use permit Unit 3 — Public protection and utility facilities Unit 4 — Cultural and recreational facilities Unit 9 — Two (2) family dwellings Unit 10 — Three (3) and four (4) family dwellings Unit 12a — Limited business* Unit 24 — Home Occupations* Unit 25 — Offices, studios, and related services Unit 28 — Center for collecting recyclable materials Unit 36 — Wireless communications facilities Unit 44 — Cluster Housing Development *Lots 82-96 allow Unit 12a and Unit 24 as a Permitted Use. C) Density: 3.48 Units/Acre (52 Dwelling Units on 14.93 Acres) D) Bulk and Area Regulations: 1. Lot Width Minimum: 50' 2. Lot Area Minimum: 5,500 sqft E) Setback Requirements: Front Side Rear Rear, from CL of an Alley A build -to zone that is located between the front property line 5 feet 5 feet 12 feet and a line 25 ft. from the front property line F) Building Height Regulations: 1. Building Height Maximum: 3 Stories G) Max Building Area: There are no maximum or minimum building area requirements. H) Minimum Buildable Street Frontage: 50% 1) Landscaping: Compliance with Unified Development Code Standards (UDC) Chapter 177 J) Parking: Compliance with UDC 172 Parking and Loading CIL� Grafton Tull K) Signage: Compliance with UDC 174 Signs for single-family residential property Planning Area 3: A) Purpose: This PZD district is designed to promote and encourage the efficient development of single-family residences. B) Uses: 1. Permitted Uses: Unit 1 — City-wide uses by right Unit 8 — Single-family dwellings Unit 41 —Accessory dwellings 2. Conditional Uses: Unit 2 — City-wide uses by conditional use permit Unit 3 — Public protection and utility facilities Unit 4 — Cultural and recreational facilities Unit 5 — Government facilities Unit 9 — Two-family dwellings Unit 12a — Limited business Unit 24 — Home Occupations Unit 36 — Wireless communications facilities Unit 44 — Cluster Housing Development C) Density: 3.03 Units/Acre (76 dwelling units on 25.06 Acres) D) Bulk and Area Regulations: 2. Lot Area Minimum: 8,000 sqft E) Setback Requirements: Front Side Rear A build -to zone that is located 5 feet 15 feet between the front property line and a line 25 ft. from the front property line F) Building Height Regulations: 1. Building Height Maximum: 3 Stories G) Max Building Area: 40% H) Minimum Buildable Street Frontage: 50% CIL� Grafton Tull 1) Landscaping: Compliance with Unified Development Code Standards (UDC) Chapter 177 J) Parking: Compliance with UDC 172 Parking and Loading K) Signage: Compliance with UDC 174 Signs for single-family residential property Planning Area 4: A) Purpose: This PZD district is designed to promote and encourage complete and compact development and to enhance walkability within the development and surrounding neighborhoods. B) Uses: 1. Permitted Uses: Unit 1 — City-wide uses by right Unit 8 — Single-family dwellings Unit 9 — Two-family dwellings Unit 10 — Three (3) and four (4) family dwellings Unit 12b — General business* Unit 24 — Home occupations Unit 40 — Sidewalk cafes* Unit 41 —Accessory dwellings Unit 44 — Cluster housing development *Lot 174 must contain an element within Unit 12b or Unit 40. Lot 174 may or may not also contain a residential component in addition to stated required uses. 2. Conditional Uses: Unit 2 — City-wide uses by conditional use permit Unit 3 — Public protection and utility facilities Unit 4 — Cultural and recreational facilities Unit 5 — Government facilities Unit 13 — Eating places Unit 16 — Shopping goods Unit 19 — Commercial recreation, small sites Unit 25 — Offices, studios and related services Unit 26 — Multi -family dwellings Unit 36 — Wireless communications facilities Unit 45 — Small scale production C) Density: 5.94 Units/Acre (30 dwelling units on 5.05 Acres) D) Bulk and Area Regulations: 1. Lot Width Minimum: 35' (Dwellings); None (All other uses) CIL� Grafton Tull 2. Lot Area Minimum: 4,000 sqft (Single family); 3,000 sqft (Two-family); None (All other uses) E) Setback Requirements: Front Side Rear A build -to zone that is located 5 feet; None; 15 between the front property line and a Zero lot feet when line 25 ft. from the front property line line contiguous to single- family *A setback of less than 5 feet (zero lot line) is permitted on one interior side, provided a maintenance agreement is filed. The remaining side setback(s) shall be 10 feet. F) Building Height Regulations: 1. Building Height Maximum: 3 Stories G) Max Building Area: None H) Minimum Buildable Street Frontage: 50% (Lot 174 is exempt from this requirement) 1) Landscaping: Compliance with Unified Development Code Standards (UDC) Chapter 177 J) Parking: Compliance with UDC 172 Parking and Loading K) Signage: Compliance with UDC 174 Signs CIL� Grafton Tull LL T— O Z Z _z &a E - - d z° v E 'E a x x o y E c _ 'E N 0 U E �. n o o U - o .E U 3 0 _ Z U - E U U - - - _ - p o U- OJ w U O 7 M E U m - U Z E a9 - c c - - LL in z° E o = E o 6 G E 0 0 - E U E � c = E ° o Z - - _co °`� - _ - i in n E in, ac E g E c o -'_' Z $ c r > > a ci Z r a a Zo.�iEw E c m U > m m 4 2 L 3 E U m U o JE- E U y pm N° - - 0 « Z Z N m E _ E E y o o .; w 'o .E E o 2 U v E y U ol 0 - y o o. ^, U y m a y - O ¢ a _ E ' a LLQ E Z - - y °� E a U - Z �° c s 2 G) U! n W N O O , a -I � W � a m � Ni0 y L J Y 3 v d a J w N u Y a � o � c b0 U O C - C � 'O p E E f6 w O C h U1 C H C C N E �J E w O C � y O � NO �O N � m y M C O @ C C C T W O U O E m p O w E y > w E E o C 30 0 N o E E V m C O C_ p w O c N O O C � � O h ad D O E D J C w E z C � 3 .o E N C O � N N E .... E v w O W w C w m V E C C N R N X C Y N O h w u U 1° E O H u a n A n H L ti N O O Q « r r 1G The 51.325 acre site consists of grasslands, small ponds, and some trees. The property drops in elevation approximately 55' from south to north. There are no known natural or man-made hazards that exist on site. 1H The forefront of the design of this development is to provide a variation in lot sizing that will allow a mixture of different price points and housing types to be constructed within the development. This will help to create more attainable housing and a more architecturally diverse neighborhood. Accessibility to the existing trail network and access to potential future developments west of the site will be achieved with a proposed trail running west to east through the site along with several street stub -outs. In addition, 11 parking spaces in front of the larger of the two detention lots will provide access to the trail and to the greenspace around the proposed retention ponds. A separate one acre parcel containing an existing pond and mature tree canopy has been set aside as a communal open space to provide residents with an opportunity for recreation. Additionally, Planning Area 4 allows for some use of business/commercial development to allow for reduced trip generation and promote walkability by providing opportunity for services to be developed. 11 The unique shape and existing topography of the proposed site make it challenging to achieve a desirable density with typical RSF zoning. The requested PZD allows for a density of 3.5 units per acre on this 51.325 acre property. By utilizing more compact, dense development in specific areas of the site, we are able to create more diversity in housing type and increase density, thereby creating a neighborhood with more attainable housing. This development also promotes social community through the use of the provided open space and also allows for outdoor physical activities through the use of the trail system. Goals for City Plan 2040 are: • We will make appropriate infill and revitalization our highest priority. • We will discourage suburban sprawl. • We will make compact, complete, and connected development the standard. • We will grow a livable transportation network. • We will assemble an enduring green network. • We will create opportunities for attainable housing. Prepared by: 300 North College, Suite 317 1 Fayetteville, AR 72701 1 479-455-2207 1 www.craftontull.com Approving this PZD will help to achieve City Plan 2040 goals above. This development is in a prime location, with existing and currently in construction neighborhoods adjacent to the property, to add additional housing without disturbing the flow and feel of the surrounding area. The density of the development encourages neighborliness and promotes walkability with the inclusion of the allowance for some business/commercial element within the neighborhood itself. The requested zoning will allow for a more efficient use of the land and associated infrastructure, resulting in housing that is more attainable for the citizens of Fayetteville. 1J Currently bordering this property to the west, northwest, and southwest are residential developments on large lots - mostly zoned R-A. To the east is the Stonebridge Meadows golf course. Opposite of Dead Horse Mountain Road and just across the Stonebridge Meadows golf course are RSF-4 developments matching the general layout and density design of this development. Traffic will access the development via Dead Horse Mountain Road (Neighborhood Link). Architectural requirements will be as described within Section 1.C.8 of this booklet. Any signage proposed will comply with the requirements laid out in City code for RSF-4 zoned property. 1K The City of Fayetteville's future land use (2040) map designates this area as rural residential. We believe that this residential PZD will fit the surrounding area and the overarching goals of the City- namely to make compact; complete; and connected development the standard, and to create opportunities for attainable housing. The current layout promotes walkability, neighborliness and the use of existing natural features and open space. The residents will have direct access to Dead Horse Mountain Road, reducing traffic through other minor streets. Water and sewer utilities are already at the site and will not require any additional extensions, other than what will be required to service the neighborhood. CIL� Grafton Tull f V'—1 Dr e aw.v a Site Latat on I I i 0.e�iJ�nal i ff�anno.nWe _ I i N�Ndsn1W FROM CITY PLAN 2040 - FUTURE LAND USE PLAN 1L Traffic Study (Not Required) 1M This development will be served by City of Fayetteville water and sewer infrastructure. Water: The development will tie into the existing water main on the west side of S Dead Horse Mountain Road at two locations- once on the 6" line and once on the 12" line. Flow tests will be performed during the design phase in order to ensure the proposed development meets City and State standards. Sanitary Sewer: The development will connect to an existing sanitary sewer lift station northeast of the site. This lift station currently receives an 8" line from developments west of the site. Franchise Utilities: All franchise utilities (phone, cable, electric, gas) currently have infrastructure on or adjacent to the proposed development. Upgrades or extensions will be constructed to meet the demands of the neighborhood. C4 P. I Grafton Tull 1N 1. Screening and Landscaping: Existing vegetative buffers along the western and northwestern property lines will largely remain untouched. All landscaping proposed will meet UDC requirements associated with the RSF-4 zoning and/or applicable use unit. 2. Traffic and Circulation: Traffic will be directed through the development by use of a local street that runs east to west through the center of Planning Area 3 which then can circulate through to planning area 2, through the entirety of Planning Area 3 and out to the second exit by way of Planning Area 1. Portions of this street will be altered from standard details to allow for a parallel drainage ditch to direct water away from the development. The local streets will transition to residential streets which will run throughout the neighborhoods, only switching back to a local -street near the large detainment pond to allow for on street parking. The alley ways will be transitions from residential streets to allow access to the rear of lots in Planning Area 2 as well as some lots in Planning Area 4. 3. Parking Standards: Each house/lot will have a driveway and single or two -car garage allowing cars to park off the street. A variation to the local street section has been requested for on street parking within the development around the larger of the two detention ponds and near Planning Area 4. There will be a transition from a residential street to an altered local street to provide traffic calming measures along the non -conforming block length and then back to a residential street. This will also provide additional visitor parking along with access to the trail system and the open area surrounding the retention pond. Single-family homes will meet city standards for parking due to the limiting size of the existing access easement. An alternate to the local street section is proposed for the western access to allow for positive drainage away from the site. Secondary access to the residences in the northern section will be provided by a residential road connecting back to Dead Horse Mountain Road. 4. Perimeter Treatment: As previously mentioned, vegetative buffers will remain in place where utility easements are not required. Street and lot trees will be provided as required by the UDC. 5. Sidewalks: This development will construct both sidewalks and a multi -use trail to promote connectivity with the golf course and the adjacent neighborhoods. Public sidewalks will be constructed per City details. 6. Streetlights: Streetlights will be provided and installed as required by City Ordinance. 7. Water: The development will be serviced by the City of Fayetteville. Waterline size and location will be reviewed during the preliminary plat process for this project. 100 Ce Grafton Tull 8. Sewer: The development will be serviced by the City of Fayetteville. Sanitary sewer line size and location will be reviewed during the preliminary plat process for this project. 9. Streets and Drainage: An alternate residential street section and residential rear two-way alley section is being proposed with this development. The alternate residential street section will allow for on street parking adjacent to the open space surrounding the retention pond. It is similar to the City's "Urban Residential" section which includes on street parking and a 5' sidewalk. Please refer to the next page to view these sections. All other streets will be designed to meet the City's minimum street section standards. Storm drainage pipes and the retention pond will be sized to meet the requirements set forth in the City of Fayetteville Drainage Criteria Manual. CIL� Grafton Tull mi 0.yAy /oN '°% `s 2 m Wye, My - C g. i�'-� 01 Mull Ew HId •'Cv ate. gs �p o m w w ;_ ea"^� .,, _ � Z o 1 =N Q gage Roem EZ "J H 4I I I I I I I I I I I I I 4 I I €.0 kb Gm 8 Q 3 s 0 Mgt 90, w s nx-do->.wta i 'k o a o g �� 1, xrn-io-iw�a � Arn-io-iw�a ZO U m � w Z <uH o - - ;CS) O HIM Y qS Z WQ 30 � �bo W Q W Q i = g a l r w 6/,VIF� � � Arn-ao-iwta ? o � N� J 2 z J N H Q wZ J N 3Wl`d0ad 8 « 1N 10.Construction of Nonresidential Facilities: There are no nonresidential facilities being proposed with this development. 11.Tree Preservation: Exact tree preservation numbers will not be known until the development is approved by the City. The development will comply with the standards set forth in UDC Chapter 167 for Tree Preservation and Protection. 12.Architectural Design Standards: The development will meet UDC 166.23 urban residential design standards. 13. Proposed Signage: All signage will comply with UDC Chapter 174 Signs for single family residential property and/or the appropriate use unit. 14. View Protection: The development will be constructed in agricultural pasture land adjacent to the golf course. Building height maximum requirements will be no greater than the requirements of the current zoning. Views from adjacent neighborhoods will not be impacted any more than they would with the current RSF-4 zoning. 15. Covenants, Trusts, and Homeowner Associations: A POA will be established and covenants will be drafted and recorded upon completion of the development. 10 We feel that this development meets both the intent and purpose of the Planned Zoning District. Code Section 161.35.B for Planned Zoning Districts states that the City Council may consider certain factors while reviewing a PZD application. Below are how we address each of the specific factors. Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. o This PZD allows us to develop the property at a higher density with more flexibility in lot widths and building setbacks to construct a community that will provide a multitude of housing size and type and be an asset to the adjacent established neighborhoods. • Compatibility. Providing for compatibility with the surrounding land uses. o This development is compatible with the surrounding land uses. Nearby neighborhoods are zoned RSF-4 and the resulting density of the request is 3.5 units per acre. CIL� Grafton Tull Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. o This PZD gives us the creativity to orient the streets and alleys in a way that will better suit the layout of the site. It also allows us to provide features like the trail that will be accessible to adjacent neighborhoods, giving residents access to the City of Fayetteville's extensive trail network once development has occurred to the west, connecting the existing trail to the neighborhood trail. Several open areas containing natural features and tree canopy have been set aside for enjoyment of residents as well. Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. o This PZD will allow us to provide a diverse style of homes and community not currently available in this area along with a business/commercial aspect to provide opportunities for goods and/or services within the community. No Negative Impact. Does not have a negative effect upon the future development of the area. o This development will have no negative impact on future development of the area, and it contains multiple future connection points through multiple stub - outs with trail access. Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. o Throughout the pre -application process, we have coordinated with City of Fayetteville officials in regards to Planning, Engineering, Urban Forestry and Parks. There will be continued coordination throughout the approval process to ensure all ideas are heard and regulations are met. Open Space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. o This residential PZD will utilize open space in several locations. There are three unbuildable detention lots totaling 3.50 acres that also includes surrounding open space. There are three additional open spaces totaling 1.35 acres that include access to natural features and existing tree canopy. All of this space combined totals 4.85 acres. • Natural Features. Maximum enhancement and minimal disruption of existing natural features and amenities. o Several acres of land has been designated as open space in areas that include existing and proposed natural features and tree canopy. Approximately 4.85 acres of open space, including retention pond areas, is CIL� Grafton Tull proposed as open space. The grading of the will be planned to provide as minimal impact to existing natural features as possible. Future Land Use Plan. Comprehensive and innovative planning and design of mixed used yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. o The future land use plan map shows this area as a rural residential area. We are proposing to construct a single-family residential neighborhood with several open areas that will be preserved within the development. Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. o The site has been designed with all of these in mind. Topography, shape and the size of the property played a role in how both streets and utilities were laid out. The size and shape of the retention ponds create accessibility for recreation while effectively managing the runoff of the development. Additionally, an existing pond and several pockets of open space with tree canopy or existing natural features have been designated as open space. • Recognized Zoning Consideration. Whether any other recognized zoning consideration would be violated in this PZD. o No other recognized zoning consideration will be violated in this PZD. CIL� Grafton Tull Ctfl) Grafton Tull '>n'asonasuuw�.mv mW v,S "_w° •' �EG9L9—VCe6 n9'Cuod . b% L s /.N3N d0 Ulvdo�,oMeo srvrvi;N00r.s'uwiio aw ja F SaeN/u3Y ra 'OK1 6AUS �NOSUSCK �'•'d'c' -- — n _ i �Inl _ ,g • IN 11 4 IN ppa;4 4 [pj' j1�1 4 !I! jp!6 y 1f ' 4s as .pt f i 11 pP f vl�g'�Fgp Oil P '�" --�.� ! � ` ,.,,.. - - \ C il'}� i19 FpF°e FI•.4 P .4{ Fos F F ��ip I.jF , jF f°gvl`4,` P�f6j•I g g1 �c 4 jll a 4sl{15 ^. s a< i Il es°4 4! pFIg9.4sF 4PF4gjg:'g4 gF9p +: "� {� , a lib !jl ',` - 4 i S� ! F "c��EijFs44SF1Sg s.l s 1F p •.e'4� ! I F a . !P v � is {g°sg oiti F P6F€4ljjlij`�➢FF4j E C 1 _ 'j14 w 'sgj s{ Sagq - � - g�ggl S1�4iy�jj:419-jCje:4 ! 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U N O� o - d QRoo Y (7 Z QLU N i i u.F 12 Z �_ OZw a Q aCL z W V x a _ V y �� i a T �7 oz I _ � Mi ama I I Z fi r II I i tl k S z 'd plb ;)IIII3 zu llu � wo •�o# ��rc n.�rcrc n.�rc c.vc R r ,Irill lam �o ON 11 §� ova 7�W< dEgQ�= I I I II I m a p s 4 � _ < s�€ �E is 60 Z 59 599d�' -[ ... �NR� �QI iAiOy ., ➢ Qg ..ror o5 ¢�2 m Wye, My if - Yuma 0�,'.,:,r.'.I,iar� asv Zito 0 Om w s om�` as r a^off ��a 10 a ara's :2dIIIIIIIIIIIIIII ill"i� 6m €_ s b U ® " \ LL U o C/`'/ III z m C Ma 3.(Z ' .LC'O9o1 M,01 ,OS .9BN \\ QIOgg I I a I abx � _ pi" — I 4 M X ? �� D ---------_—_ _ II I I II II I I � YS o z •t � �- 5r— _ _ _ _ I _ �p I S8010 � V � �_-J I -mom_ gi � m I rcnry 7a R<p o� p------ / rltsraer s r I ��s= I =21 J I fi4 Na No r� — LJ �^ [7 r_7 ouzo __ h L_J rl o u sts r g �z L162 �� a & w Ctfl) Grafton Tull i e h I- 0 i •I v I II. 1 ' 1 l- I �I �l (' t• a 11 iA 1Y GII a 1 1� 1 tt 1� PZD-2021-000003 One Mile View RSF-4 Meadows at Stonebridge SD 0 0.125 0.25 0.5 Miles Subject Property 1 F R-A NORTH r Z WOC � pg3� co w 0 1 Ico • O t= , 1 I / RSF-2 1 i ip 1 1 1 � 1 I 1 I � 1 � 1 ♦_♦ — ___I / i 1 I � ♦ 1 i 1 ♦ 1 1 ♦ 1 1 P-1 ♦ ♦ 1 1 � � 1 � 1 = ; — — — — — — — — — — 1 \ N 1 I 1 vov i O1 1 En Z N 1 \ � rn 1 1 Neighborhood Link Zoning RESIDENTIAL SINGLE-FAMILY DNS-G Y General lntlusiriel EXTRACTION �E-1 Ri-u COMMERCIAL Planned Neighborhood Link WR'a'� Re R;'de"°n`°"�ne 7 ■ Planned Residential Link RSF�s"� �n�-arm"�r"rn� RSF-, Ica FORM BASED DISTRICTS — — — Shared -Use Paved Trail R-2 RSF-'°' RSF-1 RSF-s pn "'.Veerr"oro°g"`are U,ICemer — — — Trail (Proposed) RSF-1s= RESIDENTIAL MULTIFAMILY �oowmown Generni Go--ty servmes Nelgn.....d servmes 1 Fayetteville City Limits 1 � RM RMF-,z Neighbnn dCnnservnrmn PLANNEDZONINGDISTRICTS usinal Rend nca _ Planning Area '--- - - RMR_<o INSTITUTIONAL 1- - - 1 Planning Area - - - - Fayetteville City Limits _ INDUSTRIAL mmerennndLlgbri"d"srn Planning Co rr 2 ssion 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 48 of 51 PZD-2021-000003 Close Up View � -PEACEFUL-DR-= r � m Q f 11_ROYAL--DR—Q m c� ALLEY-2443-W II W TORY.ST y�STORY: ALLEY 2547- v �D ANC v m O y C�4LGARY-ST-o � ti m 0 70 C Z 0 D1 Ci a a I COBAL-T-AVE Neighborhood Link t-W Planned Residential Link — — — Shared -Use Paved Trail — — — Trail (Proposed) Hillside -Hilltop Overlay District — I Fayetteville City Limits — ` Planning Area Meadows at Stonebridge SD R-A _ J r: r, RSF-2 i NORTHI Residential -Agricultural Feet RSF-2 RSF-4 0 180 360 720 1,080 1,440 1 inch = 500 feet Planning Planning Colmission nn h 2, 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 49 of 51 PZD-2021-000003 Meadows at Stonebridge SD A& Current Land Use NORTH j Single -Family ; Residential/ Agricultural Recreational IVAN f`k � d Subject Property PEACEFUL f Single -Family Residential to• ALL• EY-2443 CUO) HISTORY ST.�h'ISTORY Single -Family ,SST Residential/ , -ALLEY-2547 Agricultural _ ► w-ANGELS f >' CALGAR Y ST. ' Recreational n � V _ Agricultural Neighborhood Link FEMA Flood Hazard Data ■ ■ Planned Residential Link 100-Year Floodplain -- Shared -Use Paved Trail Feet Floodway Trail (Proposed) Fayetteville City Limits 0 180 360 720 1,080 1,440 1 inch = 500 feet Planning Area Planning Co m 2, ssion 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 50 of 51 PZD-2021-000003 Future Land Use Meadows at Stonebridge SD AVE Tz RIDGE-ST- ---------- - - - - - - Neighborhood Link ■ i Planned Residential Link — — — - Shared -Use Paved Trail - - Trail (Proposed) Fayetteville City Limits ' Planning Area Feet 0 220 440 880 1,320 1 inch = 600 feet \' W117, , Residential Neighborhood City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,760 Residential Neighborhood L Rural Residential Urban Center p,;„ r, ssion 2021 Agenda Item 5 PZD-21-000003 Meadows at Stonebridge SD Page 51 of 51 Received 04/ 19/21 4:34 PM HALL LSTILL Robert K. Rhoads 75 N East Ave., Suite 500 ATTORNEYS AT LAW Fayetteville, AR 72701- 5388 Direct Dial: (479) 973- 5202 rrhoads(@hallestill.cam April 14, 2021 VIA US MAIL Lioneld Jordan, Mayor Fayetteville City Council 113 W. Mountain Street Fayetteville, Arkansas 72701 Re: RPZD-2021-003 - Dead Horse Mountain Road Dear Mayor Jordan and Council Members: I represent neighbors impacted by the above referenced RPZD that will be before you for a first reading on April 20, 2021. The Planning Commission voted 5-3 (and one abstention) to forward this to you. First and foremost I would ask you to hold it on a first reading to give my clients time to meet with the Applicant and to determine if all of the concerns I am going to list below can be addressed by the applicant. Here are the concerns: 1. The current Bill of Assurance (which I wrote when I represented the prior land owner, Mr. Massey) is at a density of 2.5 acres. This is not some outdated Bill of Assurance that doesn't make sense with today's times; it's only five years old and some of you were on the Council that voted to accept that Bill of Assurance to ease the density issues that have not changed today. Both my client and neighbor Jason Teague (spoke at Planning Commission Meeting) purchased their properties based upon the 2.5/acre restriction. Water services are questionable as the RPZD would require a waterline easement over my client's property. 3. There should be a traffic study as this dense RPZD puts a lot of pressure on Dead Horse Mountain Road and on the intersection of Stonebridge and Huntsville Roads. 4. Your own Future Land Use Map of 2040 calls this out to be Rural Residential, which the Bill of Assurance at 2.5/acre compliment much more than this RPZD. 2.5/acre is also more compatible with the homes already built around the golf course. Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com Lioneld Jordan, Mayor April 14, 2021 Page 2 5. The RPZD contemplates using land that is owned by my clients not the Applicant (see attached plats and legal description taken from, Council packet and Applicant's March 15 PZD Booklet). 6. Your Staff s Report second finding indicates that "the proposed zoning is not necessarily justified to accommodate development of this area." The 2.5 per acre from the Bill of Assurance is much more in line with the sensitivities of this area. 7. Your Staffs finding number three that rezoning the property "will significantly alter the potential population density in this area ... utility extensions or upgrades are likely required especially with regards to current water service to this site..." 8. Staff finding number five wrestles with the question of whether the zoning is justified or necessitated by a peculiar circumstance such as would it be impractical to use the land for any of the uses permitted under the existing zoning classifications. It absolutely would not be impractical to use the land as it is currently permitted. 9. Regarding the sewer, it is our opinion that the easements and the existing sewer is not adequate for this development as the current easement going across the golf course is too narrow to accommodate the existing forced main that would have to go through there along with a new gravity main. The City's engineering staff agrees with that and the applicant doesn't have any enlarged easement. 10. Lastly, the Applicant calls this subdivision "Meadows at Stonebridge" .....Applicant does not own this name, my clients do. With all that said I would ask you to, at a minimum, leave this at the first reading or if you are so inclined to take it to three readings then vote the RPZD down. I thank you for your consideration and please feel free to contact me if you have any questions about anything in this letter. Sincerely yours, Hall, Estill, Hardwick, Gable, Golden & Nel 1, P.C. Robert K. Rhoads RKR:slt Cc: Kit Williams Client Applicant's Representative Jonathan Curth 4839004 1:999999 01838 PZD-2021-000003 Close Up View — -PEACEFUL-DR-= o U) '+ °o LU i pOYAL--DR—Q > EY 2547- v YALLEY-2443-cn,)Ty�'TORY DANMr- Cn O Cn T- o m n 0 o: � z z _Z U D„ a. Q I COBAL-TAVE Neighborhood Link Planned Residential Link — — — Shared -Use Paved Trail — — — Trail (Proposed) Hillside -Hilltop Overlay District — r Fayetteville City Limits _ Planning Area Meadows at Stonebridge SD 4V40 Feet 0 180 360 720 1,080 1,440 1 inch = 500 feet EXHIBIT'A' PZD-2021-000003 R-A 101- -2 NORTH Residential -Agricultural RSF-2 RSF-4 pr ci e �' EXHIBIT 'B' PZD-2021-000003 PART OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST AND ALL OF TRACT 3, PER PREVIOUS SURVEY BY RLS56, DATED: 01/28/2005 (WASHINGTON COUNTY DOCUMENT NO.: 2005-00015573), ALSO BEING PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) AND PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 24 AND PART OF THE NORTHEAST QUARTER (NE 1/4). PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4), AND PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 25, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING STONE WITH A SET MAG NAIL IN CENTER MARKING THE NORTHWEST CORNER OF NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 25; THENCE N86°50'10"W, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 24, 1000.37 FEET TO A SET MAG NAIL IN THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD; THENCE LEAVING THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 24, NO3°03'03"E, ALONG THE CENTERLINE OF SAID DEAD HORSE MOUNTAIN ROAD, 596.08 FEET TO A SET MAG NAIL; THENCE LEAVING THE CENTERLINE OF SAID DEAD HORSE MOUNTAIN ROAD AND ALONG THE NORTHERLY AND EASTERLY LINE OF SAID TRACT 3, PER PREVIOUS SURVEY BY RLS56 AND ALONG THE SOUTHERLY AND WESTERLY LINE OF TRACT 4 OF SAID PREVIOUS SURVEY BY RLS56, THE FOLLOWING COURSES (BEARING AND DISTANCES): S86°59'55"E, 66.12 FEET TO AN EXISTING REBAR (RLS56); S56°33'59"E, 339.52 FEET TO AN EXISTING REBAR (RLS56); S81°25'27"E, 630.67 FEET TO AN EXISTING REBAR (RLS56); S33°49'14"E, 271.57 FEET TO AN EXISTING REBAR (RLS56); N88°15'09"E, 161.28 FEET TO AN EXISTING REBAR (RLS56); S42°11'24"E, 488.85 FEET TO AN EXISTING REBAR (RLS56); SO4°36'57"E, 927.99 FEET TO AN EXISTING REBAR (RLS56); S16°00'18"W, 713.43 FEET TO AN EXISTING REBAR (RLS56); S70°36'59"W, 185.39 FEET TO AN EXISTING REBAR; S32°38'47"W, 422.43 FEET TO AN EXISTING REBAR; THENCE LEAVING THE NORTHERLY AND EASTERLY LINE OF SAID TRACT 3, PER PREVIOUS SURVEY BY RLS56, N87°05'30"W, 222.74 FEET TO AN EXISTING REBAR MARKING THE SOUTHEAST CORNER OF A PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972; THENCE ALONG THE SOUTHERLY, WESTERLY, AND NORTHERLY LINES OF SAID PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972, THE FOLLOWING COURSES (BEARING AND DISTANCES): N87°05'30"W, 213.89 FEET TO AN EXISTING REBAR; NO2°34'53"E, 1275.30 FEET TO AN EXISTING REBAR; S73°22'04"W, 818.85 FEET TO A SET 1/2" REBAR; NO2°34'53"E, 42.23 FEET TO A SET 1/2" REBAR ON THE NORTHERN RIGHT-OF-WAY OF THE OLD RAILROAD RIGHT-OF-WAY; N73-22'04"E, ALONG THE NORTHERN RIGHT-OF-WAY OF THE SAID OLD RAILROAD RIGHT-OF-WAY, 1045.35 FEET TO AN EXISTING 12" WOOD FENCE CORNER POST MARKING THE NORTHEAST CORNER OF SAID PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972 AND ON THE WEST LINE OF SAID NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 25, ALSO BEING THE WEST LINE OF SAID TRACT 3, PREVIOUS SURVEY BY RLS56; EXHIBIT 'B' PZD-2021-000003 THENCE LEAVING THE SOUTHERLY, WESTERLY, AND NORTHERLY LINE OF SAID PREVIOUS SURVEY BY RLS56, FILED DATE: JULY 5, 1972, NO2°34'53"E, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 25, ALSO BEING THE WEST LINE OF SAID TRACT 3, PREVIOUS SURVEY BY RLS56, 842.69 FEET TO THE POINT OF BEGINNING, CONTAINING 51.325 ACRES, MORE OR LESS, BEING SUBJECT TO PUBLIC ROAD RIGHTS -OF -WAY AND ANY EASEMENTS OF RECORD, ACCORDING TO A SURVEY BY ANDERSON SURVEYING, INC., RLS1272, JOB# 17-01-11. - 1 F._ a. 00 O ~ N Ellllllfllllll U N Q] 1 ---..---. -- C 114 ' 41 I y� �.Inj,�}}�.�flt��i. �� 4�;.� � •� I�III!i;i',l:i',.i C ,1. �: Ii �i+� .� .uT. ,,..,� �: ! } ,i�✓ ,'rl ifY� i �E:III f'``k 1�0 � - • � ;e ,i' Eht iy. � llj �11iD� .irEr?I' R7 i + • _ - i ;1 tiT�dliil;`illi� 2 W W o �N b s H z a K OH Q g J L.L d � W LU 2 F- City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0302 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C.1 PEACE AT HOME FAMILY SHELTER, INC.: A RESOLUTION TO PROVIDE PUBLIC NOTICE THAT THE CITY COUNCIL IS CONSIDERING THE SALE TO THE NONPROFIT PEACE AT HOME FAMILY SHELTER, INC. OF ABOUT FOUR ACRES OF LAND WHICH ADJOINS ITS CURRENT SHELTER WHEREAS, in 2005 the City Council conveyed about 1.5 acres to Peace at Home for $30,000.00 to assist this non-profit charitable organization to build a new larger facility to better protect and serve our citizens and their children suffering from domestic abuse; and WHEREAS, the City Council in 2005 also leased about another 2.2 acres to serve as a buffer zone and for a septic system leach field; and WHEREAS, Peace at Home Family Shelter soon built a beautiful, safe, and functional facility on its new property which allowed them to increase their vital services and help many more victims of domestic abuse during the last 12 years; and WHEREAS, Peace at Home's current shelter can no longer fully serve all families that need their services, but may receive a substantial grant which would enable them to substantially enlarge their facilities and increase vital services to meet Fayetteville citizens' important and growing needs; and WHEREAS, Peace at Home has agreed to work with the City to ensure that any City property needed for their residents' pet shelter and their new family shelter will be designed and located as efficiently as possible both for Peace at Home and for our taxpayers. 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 notifies the public that the City may sell as much as four acres to Peace at Home for a cost of Twenty Thousand Dollars ($20,000.00) per acre for the hoped for expansion of the Peace at Home Family Shelter and for a small pet shelter for the Peace at Home residents' pets. City of Fayetteville, Arkansas Page 1 Printed on 412712021 File Number: 2021-0302 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intention to rezone the property if necessary to allow the construction and use of a pet shelter and the Peace at Home Family Shelter's new facility on this property and determines that no appraisal of property is necessary because the non-profit Peace at Home Family Shelter provides vital services for our citizens justifying the same reduced cost per acre as was used in 2005. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby informs the public that the City Council may consider a City Council resolution to sell this property to Peace at Home Family Shelter, Inc. during the June 1 st, 2021 City Council Meeting. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that this property adjoining the Peace at Home Family Shelter is no longer needed for municipal purposes especially in light of vital services that will be provided to our citizens on this property if Peace at Home is able to enlarge its domestic violence shelter and build a pet shelter for its residents. City of Fayetteville, Arkansas Page 2 Printed on 412712021 City of Fayetteville Staff Review Form 2021-0302 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Susan Norton 4/15/2021 MAYORS ADMIN (015) Submitted By Submitted Date Division / Department Action Recommendation: Resolution to provide public notice that the City Council is considering the sale to the nonprofit Peace at Home Family Shelter, Inc. of about four acres of land which adjoins its current shelter. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF [MONTH, DAY YEAR] TO: Mayor and City Council FROM: Susan Norton, Chief of Staff DATE: 4/15/21 CITY COUNCIL MEMO SUBJECT: Resolution of Intent to sell land to Peace at Home Family Shelter, Inc. RECOMMENDATION: Mayor Jordan recommends the City Council approve a resolution to provide public notice that the City Council is considering the sale to the nonprofit Peace at Home Family Shelter, Inc., of about four acres of land which adjoins its current shelter. BACKGROUND: The City of Fayetteville has long appreciated and supported the efforts of the nonprofit Peace at Home Family Shelter as a service that provides vital accommodations for victims of family violence and domestic abuse. On January 4, 2005, the City Council approved the initial sale of 1.5 acres of land for the construction of a new shelter east of Highway 265 on Ivy Lane for $30,000 (Ordinance 4670). The City also leased additional land as a buffer zone for increased privacy and security and for a temporary septic system area. Peace at Home moved into this facility in 2008. DISCUSSION: Over the last 12 years, the Peace at Home program has grown to address the needs of domestic violence survivors and their children, growing from 12 staff members with an annual budget of less than $800,000 to a 35 member team with an annual budget of over $2,500,000. Services have expanded to include a rapid rehousing team to help families obtain and pay for safe new housing, bilingual therapeutic services, and a children's program to address their unique needs. The Shelter now works with over 1,000 families seeking support from domestic violence annually. The Shelter has now outgrown the existing building and office space and currently operates a waiting list for emergency safe shelter, with approximately 30% of the requests for emergency shelter going unmet. The Shelter is proposing to purchase 4 acres of city land for an expansion which will include more capacity for beds and baths, additional parking, and the Candy Clark Pet Sanctuary to be constructed in memory of one of its biggest supporters, in order to provide a safe space for families staying at the shelter to house their pets. The sale price would be the same as the City previously authorized in 2005 - $20,000 per acre, in acknowledgement of the vital services performed by the Shelter. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: NA Attachments: Peace at Home Family Shelter 2025 Vision PEACE at 2 O FAMILY K SHELTER M Peace at Home Family Shelter Candy Clark Pet Sanctuary Vision Safe Haven for Pets in Shelter It is not safe for animals in domestic violence households. Animal abuse both correlates highly with domestic violence and is a known tactic of domestic violence. Nearly 30% of domestic violence survivors will delay leaving a dangerous situation if they are unable to take their animals with them. And with good reason. Domestic batterers will often harm beloved pets as punishment especially if they are left behind. Survivors of domestic violence need a safe place for themselves and their pets when escaping violence. Currently the Peace at Home Family Shelter is not equipped to regularly have pets in shelter. A space is needed so that the health and welfare of family pets can be assured while still keeping a safe space for all residents of the emergency shelter. Candy Clark Pet Sanctuary The Candy Clark Pet Sanctuary will be constructed in loving memory of community advocate, animal lover, and Peace at Home supporter, Candy Clark. This building will provide a safe space for families staying at the shelter to house their beloved pets. With the Candy Clark Pet Sanctuary, families will be near their pets and able to see them and care for them every day. It would also allow the pets to be close to their families, but safely separated from the other families in shelter who may have pet allergies or be uncomfortable around animals. The Candy Clark Pet Sanctuary will make leaving domestic violence safer for our community members and their pets, but it cannot be built on our current site without additional land. It is important that the land the Candy Clark Pet Sanctuary is built on is near the emergency shelter so that families can easily walk to care for and play with their pets every single day. Construction According to estimates obtained from a construction company, building a pet sanctuary that would safely house up to 6 dogs and up to 4 cats would cost approximately $550,000 and require additional land adjacent to the emergency shelter. In addition to construction costs, the kennel would require start-up equipment and supplies such as food, cleaning supplies, care and grooming materials, and a basic veterinary setup. Total initial costs excluding the value of land are estimated to be about $600,000. We have already secured a lead gift for this project and many smaller gifts. Ongoing Needs Once established, the Candy Clark Pet Sanctuary would require some ongoing operational support to care for pets on an ongoing basis. A part-time kennel manager would be needed to oversee the PEACE at 2 O FAMILY SHELTER T Candy Clark Pet Sanctuary and ensure all animals are appropriately cared for. Food and supplies would be required as well as some veterinary care expenses. We anticipate ongoing expenses for the Candy Clark Pet Sanctuary to total $25,000 per year, though this figure will likely increase annually with inflation. A generous donor has already committed to covering these ongoing operational expenses in perpetuity. Ongoing Partnerships For families with pets to receive the best care while staying at Peace at Home Family Shelter and the Candy Clark Pet Sanctuary, strong partnerships with a veterinarian and other animal organizations will be critical. Peace at Home Family Shelter has developed relationships with several area animal hospitals, but would welcome recommendations on organizations and businesses as potential animal care partners. Operations Peace at Home Family Shelter's policies and procedures would be updated to reflect the addition of the Candy Clark Pet Sanctuary. Peace at Home will utilize the Sheltering Animals and Families Together (SAF-T) manual as a guide for adjusting operations as needed. This guide was specifically designed to help domestic violence programs incorporate safe pet shelter into their emergency shelter programs. Vision The vision of the Candy Clark Pet Sanctuary is to make it possible for families to safely flee domestic violence with all of their family members, including their animals. This program will give families peace of mind. It will keep survivors of domestic violence and the animals they love safe. Land Request Peace at Home is requesting to lease four acres from the City of Fayetteville to build the Candy Clark Pet Sanctuary. The City of Springdale has agreed to support the water and sewer needs for the project. 2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0298 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.2 SRD BUILDERS, LLC: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH SRD BUILDERS, LLC FOR THE EXTENSION OF A 4-INCH WATER LINE ON WEST LAWSON STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $20,484.88.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $2,048.00 WHEREAS, SRD Builders, LLC is developing two townhomes in the place of a single family residence at 940 West Lawson Street; and WHEREAS, the current 1.5-inch water pipe that serves the property is not large enough to accommodate the project and this development will require approximately 200 linear feet of 4-inch water line to reach the project site; and WHEREAS, the extension of a 4-inch main in this area will replace the aging and brittle segment of galvanized water line that is 50 years old; will allow a portion of the customers on both sides of Lawson Avenue to connect to a larger pipe; will provide a water connection that could be extended if development occurs to the east; and will remove a section of lead pipe from the City's water distribution system, which is a requirement of the new Lead and Copper Rule; and WHEREAS, the City's portion of the cost to extend the 4-inch pipe to the project site is approximately 46% with the developer paying 54% of the cost of the extension. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a cost share agreement with SRD Builders, LLC, for the extension of a 4-inch line along West Lawson Street with a refund in an amount not to exceed $20,484.88 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and further approves a project contingency in the amount of $2,048.49. City of Fayetteville, Arkansas Page 1 Printed on 412712021 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-0298 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/15/2021 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a cost share agreement with SRD Builders, LLC in an amount not to exceed $20,484.88 for the extension of a 4-inch water line on W. Lawson Street east of Oakland Avenue, and to approve a project contingency in the amount of $2,048.49. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 04039.1 Water/Sewer Impact Fee Cost Sharing 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 $ 3,180, 649.00 $ 2,489,314.96 $ 691,334.04 $ 22,533.37 $ 668,800.67 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: April 15, 2021 CITY COUNCIL MEMO SUBJECT: Lawson & Oakland Cost Share for 4-inch Water Line RECOMMENDATION: Staff recommends approval of a cost share agreement with SRD Builders, LLC in an amount not to exceed $20,484.88 for the extension of a 4-inch water line on W. Lawson Street east of Oakland Avenue, and to approve a project contingency in the amount of $2,048.49. BACKGROUND: SRD Builders, LLC is developing two lot splits along W. Lawson Street. One single family home will be removed for the addition of 2 townhomes. The current 1 '/z-inch water pipe is not large enough accommodate this project. DISCUSSION: This development requires approximately 200 linear feet of 4-inch PVC water pipe to reach the project site. The City would split the work 46/54, with the developer paying 100% of the cost for the private service connections. Three quotes were received, with the low bid from M&M Excavating, excluding private sewer lines to be $37,419.76. Installation of private service lines are $3,237.40 Engineering costs were $3,550. This cost share proposal accomplishes four things. First, it replaces an ageing and brittle segment of galvanized water pipe that is 50 years old. Second, it allows a portion of the customers on both sides of Lawson Avenue to connect to a larger pipe, which will provide more volume to their meter. Third, it provides a water connection (that could be extended) if development occurs to the east on Lawson and fourth, it removes a section of lead pipe from the City's water distribution system, which is a requirement of the new Lead and Copper Rule. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds are available in the Water/Sewer Impact Fee Cost Sharing account within the Water & Sewer Fund. Attachments: Cost Share Agreement Exhibit A — Map Exhibit B — M&M Excavating Estimate and Engineering Invoices CONTRACTUAL AGREEMENT FOR COST SHARE OF WATER MAIN INSTALLATION COSTS This Agreement, made and entered into on this day of May, 2021, by and between the City of Fayetteville, Arkansas ("City") and SRD Builders, LLC ("SRD Builders"), witnesseth: WHEREAS, SRD Builders has requested that the City share in the cost of constructing a 4-inch water main near the corner of West Lawson Street and North Oakland Avenue, a distance of approximately 200 feet, so that SRD Builders may develop the property located at the northeast corner of West Lawson Street and North Oakland Avenue; and WHEREAS, constructing this segment of 4-inch water main will allow development of this property, and will provide for ample future capacity which the City recognizes will be necessary for the area that is served by this water main; and WHEREAS, § 51.113 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size larger than required to service subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the sewerage system." NOW, THEREFORE, the City of Fayetteville, Arkansas and SRD Builders, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse SRD Builders, LLC for 46.3% of the cost to install approximately 200 linear feet of 4-inch water main in the area identified in Exhibit "A" up to a maximum -not -to -exceed amount of $20,484.88, as was estimated by the builder's representative and shown on Exhibit `B", attached. B. Payments due to SRD Builders, LLC, shall be remitted within sixty (60) days after receipt of valid invoices. 2. SRD Builders, LLC agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable water main installation, including submittal of plans and specifications to the City's Engineering Department, per their standard procedures. B. Provide a copy of the invoices from the Contractor upon City approval of the water main upgrade. C. Pay for the water main installation (with reimbursement of 46.3% of the cost by the City of Fayetteville in a not -to -exceed amount of $20,484.88). Page 1 of 2 IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: SRD BUILDERS, LLC CITY OF FAYETTEVILLE, ARKANSAS By: By: DIEGO ESPINOZA, LIONELD JORDAN, Mayor Manager ATTEST: ATTEST: By: By: KARA PAXTON, City Clerk Page 2 of 2 V 0 W„ EXHIBIT A Lmiwon St 1434 -_ 929 1430 Proposed 200 linear foot waterline extension �` EXHIBIT B M&M Excavating Estimate 377 Sulphur City Rd Estimate No: 4 Fayetteville, AR, 72701 Date: 02/09/2021 (479) 841-9285 mandmexcavating@Windstream.net For: Diego Espinoza despinozl@gmail.com Description Quantity Rate Amount SRD Builders LLC 1 $0.00 $0.00 4" Water line extension approximately 200 ft Base and bedding 1 $3,700.00 $3,700.00 Materials Concrete 1 $2,700.00 $2,700.00 Materials Asphalt 1 $1,000.00 $1,000.00 Materials Dumptrucks 1 $4,200.00 $4,200.00 Materials Bond 1 $1,000.00 $1,000.00 Material Labor 1 $10,000.00 $10,000.00 Pressure check and testing line 1 $2,400.00 $2,400.00 Service 4"DR14 C900 200 $3.10 $620.00 Materials 14GATW 360 $0.14 $50.40 60 ft service 100 ft existing service 200 ft materials 3x1000 nondetect tape 1 $18.00 $18.00 Materials 1/4 M&M Excavating - Estimate 4 - 02/09/2021 Description 3M wire nut 4 for service 3 for existing service 2 materials 8x4SS tapSLV MJ Outlet Materials 4MJGV Materials 562SD V8 Materials BOXLOC Materials Concrete VLV Pad Materials 4"MJB&GPk316SS Materials 4" PVC Megalug Materials 4" Tap Materials 4x2TAPT CAP Materials 2x24 Brass Nipple Materials #77 blow off hyd Materials 4" DIP Materials 20x300 Polywrap Materials 2x100 polytape Materials 4" Dip megalug Materials Quantity 9 1 2 2 2 2 1 2 1 1 18 1 Rate Amount $3.00 $27.00 $700.00 $700.00 $445.00 $890.00 $125.00 $250.00 $23.00 $46.00 $28.00 $56.00 $46.00 $46.00 $24.00 $48.00 $650.00 $650.00 $78.00 $78.00 $69.00 $69.00 $710.00 $710.00 $19.00 $342.00 $110.00 $110.00 $6.00 $6.00 $24.00 $24.00 2/4 M&M Excavating - Estimate 4 - 02/09/2021 Description 1104SDB Stand Alone Rest Materials 3/4 SS All Thread Materials 3/4SS Hex Nut Materials 3/4 Flat SS Washer Materials 3/4 SS Eyebolt Materials 1" Ball Corp 4 for service 3 existing service 4x1 Saddle 4 for service 3 for existing service 1x3/4 Ubranch 4 for service 5/8x3/4 Setter 8 for service 3 for existing service 3/4DP End Connect 8 for service 3 for existing service 3/4 CTS End Connect 8 for service 3 for existing service 18/24 PVC Box 4 for service 3 for existing service 18" HDPE Lid 4 for service3 for existing service 1" coated Copper 100 ft for service 100ft for existing service 3/4 Coated Copper 60 ft for service 15ft for existing service 1/2 S40 PVC Pipe 20 ft for service 20 ft for existing service Quantity 1 12 4 4 2 7 7 11 7 7 200 75 40 Rate Amount $66.00 $66.00 $6.00 $72.00 $1.80 $7.20 $0.85 $3.40 $20.00 $40.00 $58.00 $406.00 $26.00 $182.00 $42.00 $168.00 $110.00 $1,210.00 $18.00 $198.00 $18.00 $198.00 $50.00 $350.00 $70.00 $490.00 $7.50 $1,500.00 $5.25 $393.75 $0.42 $16.80 3/4 M&M Excavating - Estimate 4 - 02/09/2021 Description Quantity Rate Amount 1x3/4 Male Adapter 3 $20.00 $60.00 Materials 2" S40 PVC Pipe 60 $0.78 $46.80 Materials 3/4 CTS CPLG 3 $20.00 $60.00 3 for existing service #77 blow off hyd 1 $710.00 $710.00 Materials 3/4 Insert 3 $2.00 $6.00 3 for existing service Taxes for itemized materials @ 10.59% 1 $1,081.69 $1,081.69 $10,214.35 Bores 1 $4,000.00 $4,000.00 2 for existing services Subtotal $41,006.04 Discount $6.04 TAX 0% $0.00 Total $41,000.00 Total $41,000.00 4/4 Blew & Associates, P.A. 3825 N Shiloh Drive Fayetteville, AR 72703 (479) 443-4506 www.blewinc.com INVOICE BILL TO Diego Espinoza INVOICE # 20-1059 DATE 04/13/2020 DUE DATE 05/13/2020 DESCRIPTION QTY RATE AMOUNT TOPO - 940 W. Lawson St, Fayetteville, AR 1 900.00 900.00 Water Main Extension - 940 W. Lawson St, Fayetteville, AR - Initial 0.50 2,500.00 1,250.00 50% Ref Previous Blew # 19-5051 BALANCE DUE $2,150.00 Blew & Associates, P.A. 3825 N Shiloh Drive Fayetteville, AR 72703 (479) 443-4506 www.blewinc.com INVOICE BILL TO Diego Espinoza despinozl@gmail.com INVOICE # 20-1059B DATE 06/05/2020 DUE DATE 07/05/2020 DESCRIPTION QTY RATE AMOUNT Water Main Extension - 940 W. Lawson St, Fayetteville, AR - Final 0.50 2,500.00 1,250.00 50% Invoice 20-1059 (Initial 50% of Water Main Extension) - Paid 5/6/2020. BALANCE DUE $1,250.00 Blew & Associates, P.A. 3825 N Shiloh Drive Fayetteville, AR 72703 (479) 443-4506 www.blewinc.com INVOICE BILL TO Diego Espinoza despinozi @gmail.com DESCRIPTION Hydrant Flow Test - 940 W. Lawson St, Fayetteville, AR INVOICE # 20-1059C DATE 07/29/2020 DUE DATE 08/28/2020 QTY RATE AMOUI` 1 150.00 150.00 BALANCE DUE $150.00 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0303 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 RZN-2020-032 (4023 W. WEDINGTON DR./RPA, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-032 LOCATED AT 4023 WEST WEDINGTON DRIVE FOR APPROXIMATELY 1.97 ACRES FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from C-1, Neighborhood Commercial to CS, Community Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 412712021 City of Fayetteville Staff Review Form 2021-0303 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/16/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000032: Rezone (4023 W. WEDINGTON DR./RPA, LLC., 439): Submitted by BATES & ASSOCIATES, INC. for property located at 4023 W. WEDINGTON DR. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.97 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: April 16, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000032: Rezone (4023 W. WEDINGTON DR./RPA, LLC., 439): Submitted by BATES & ASSOCIATES, INC. for property located at 4023 W. WEDINGTON DR. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.97 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is in west Fayetteville, approximately 500 feet southwest of the intersection of W. Wedington Drive. and N. Rupple Road. The subject property is a residential lot containing approximately 1.97 acres, is zoned C-1, Neighborhood Commercial, and currently has one single- family dwelling on site that was built in 1975. The property has frontage onto N. Rupple Road, however driveway access is provided via an access easement with a property to the north onto W. Wedington Drive. The surrounding area is mixed with residential, commercial, and institutional uses nearby. The property falls within the boundary of the Wedington Corridor Planning Area and within the walkshed of a tier two boundary identified in City Plan 2040. In 2018 a lot split was approved and recorded, dividing the property in half from north to south. Request: The request is to rezone the property from C-1, Neighborhood Commercial, to CS, Community Services. The applicant has suggested they would like to use the west parcel to develop a multi -family residential development and the east parcel for a future commercial development. Public Comment: Staff has received no public comment. Land Use Compatibility. The proposed zoning is generally compatible with the surrounding mix of land uses. One issue with the request is the west lot does not have the appropriate 18-foot width to meet the CS district's bulk and area requirements for a single-family dwelling. However, due to the existing lot split, the dwelling on the subject property is presently a non -conforming use which Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 would be rectified with the proposed rezoning. The proposed rezoning would replace an existing non -conforming use with a non -conforming lot. Commercial uses are prevalent along W. Wedington Drive to the north, an institutional use to the south, and attached residential dwellings found to the west. Development under CS zoning district may serve to promote livable transportation, where residents would be within a walkable distance to amenities. Staff finds, therefore, that rezoning will not represent a conflict of compatibility. Coupled with the subject property's adjacency to two major thoroughfares, staff contends that potential development under the requested zoning district promotes a greater diversity of housing options that is appropriate at this location. Land Use Plan Analysis: Staff finds the proposed rezoning is compatible with the future land use designation for this location, the goals in City Plan 2040, and adopted land use policies. This area is designated as a City Neighborhood Area, which encourages density in all housing types and supports the widest spectrum of uses. The proposed rezoning offers an opportunity to eschew conventional strip development in favor of a more urban layout. Dense residential development located behind commercially zoned properties directly reflects the gradient transect approach promoted by City Plan 2040 and would assist in creating a complete and connected area where elements of suburban sprawl are typical. Finally, the property falls within the planning area for the Wedington Corridor Neighborhood Plan. The applicant's proposal is in line with the neighborhood plan's aim for incremental development with a clear vision. Given the proposal's consistency with the future land use plans in the area, staff finds this to be a compatible zoning request. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7-8 for this site. The following elements of the matrix contribute to the score: • Near Sewer Main (N. and W. of the property) • Near Water Main (N. Rupple Road.) • Near Grocery Store (Walmart Neighborhood Market) • Near City Park (Dale Clark Park) • Near Paved Trail (N. Rupple Road.) • Adequate Fire Response (Fire Station #7, 835 N. Rupple Road) • Appropriate Future Land Use • Within Master Plan Area (Wedington Corridor Neighborhood Plan) DISCUSSION: At the March 8, 2021 Planning Commission meeting a vote of 8-0-0 tabled the item. The original request was to rezone only the west parcel in the subject area to RI-U, Residential Intermediate - Urban. During the meeting, the Planning Commission suggested including the east parcel and rezoning to CS would make for a more compatible request while accommodating the applicant's development plans. The applicant agreed to amend the original request and table until the meeting on April 12th to address public notification requirements with the amended request. At the April 121h Planning Commission meeting a vote of 8-0-0 forwarded the request to the City Council with a recommendation of approval. Commissioner Canada made the motion and Commissioner Belden seconded. Commissioners indicated an appreciation of the applicant's willingness to include the lot fronting N. Rupple Road as a part of the request. Commissioners agreed that the form -based requirement for the commercial property improved the compatibility of the request. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report LEGAL DESCRIPTION TRACT 2: A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST,WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S 02019'20" W 444.07' AND N88032'49"W 224.78' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S02013'48"W 203.87', THENCE N87°43'21 "W 212.30' TO AN EXISTING REBAR, THENCE N02010'42"E 200.81', THENCE S88°32'49"E 212.50' TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. RZN-2021-000032 Close Up View CS RPA, LLC. -- 1 WEDINGTONIDRM-MMOME& %-- ---- - - - - -- 1 1 1 1 1 1 C-1 1 1 Subject Property G in 1 1 C-2 1 Pr, R-O I DAISY• L• N A_ RSF-4 "K•LN W 1 �9p — Regional Link — Regional Link - High Activity — — — Shared -Use Paved Trail - - - Trail (Proposed) 1 - - - -, Fayetteville City Limits Planning Area Feet 0 75 150 300 450 1 inch = 200 feet :11 NS-1 NORTH Zoning Acres RW 1.0 Total 1.0 1P11-- - TO: THRU: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE: Fayetteville Planning Commission Jessie Masters, Development Review Manager Ryan Umberger, Senior Planner April 12, 2021 SUBJECT: RZN-2021-000032: Rezone (4023 W. WEDINGTON DR./RPA, LLC., 439): Submitted by BATES & ASSOCIATES, INC. for property located at 4023 W. WEDINGTON DR. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.97 acres. The request is to rezone the property to CS, Community Services. RECOMMENDATION: Staff recommends forwarding RZN-2021-000032 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000032 to the City Council with a recommendation of approval." MARCH 8, 2021 PLANNING COMMISSION MEETING: On March 8t", the applicant requested to table the item until the meeting scheduled for April 12t". During the meeting the Planning Commission suggested including the east parcel and rezoning to CS would make for a more compatible request while accommodating the applicant's development plans. The applicant agreed to amend the original request and table until the April 12t" meeting in order to address public notification requirements with the amended request. BACKGROUND: The subject property is in west Fayetteville, approximately 500 feet southwest of the intersection of W. Wedington Drive. and N. Rupple Road. The subject property is a residential lot containing approximately 1.97 acres, is zoned C-1, Neighborhood Commercial, and currently has one single- family dwelling on site that was built in 1975. The property has frontage onto N. Rupple Road, however driveway access is provided via an access easement with a property to the north onto W. Wedington Drive. The surrounding area is mixed with residential, commercial, and institutional uses nearby. The property falls within the boundary of the Wedington Corridor Planning Area and within the walkshed of a tier two boundary identified in City Plan 2040. In 2018 a lot split was approved and recorded, dividing the property in half from north to south. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Commercial C-1, Neighborhood Commercial South Institutional P-1, Institutional Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 1 of 15 East Single -Family Residential/ R-A, Residential -Agricultural Agricultural West Two -Family Residential RI-12, Residential Intermediate,12 Units per Acre Request: The request is to rezone the property from C-1, Neighborhood Commercial, to CS, Community Services. The applicant has suggested they would like to use the west parcel to develop a multi -family residential development and the east parcel for a future commercial development. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: This property has frontage on N. Rupple Road. N. Rupple Road is a fully improved Regional Link street with four separated driving lanes, pavement, curb and gutter, and 10-foot sidewalks. Street improvements will be determined at time of development. Water: Public water is available to the subject area. An existing 12-inch water main is located east of the subject property. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sanitary sewer main is located north of the subject property. An existing 6-inch sanitary sewer main is located to the west of the subject property. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils are present throughout the entirety of the subject area. No portion of the property is within the Hillside -Hilltop Overlay District or within a FEMA Regulated Floodway and 100-year Floodplain. No City -designated protected streams are present. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 7 located at 835 N. Rupple Road protects this site. The property is located approximately 0.5 miles from the fire station with an anticipated drive time of approximately 2 minutes using existing streets. The anticipated response time would be approximately 4.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 2 of 15 and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7-8 for this site, with a weighted score of 7.5 at the highest level. The following elements of the matrix contribute to the score: • Near Sewer Main (N. and W. of the property) • Near Water Main (N. Rupple Road.) • Near Grocery Store (Walmart Neighborhood Market) • Near City Park (Dale Clark Park) • Near Paved Trail (N. Rupple Road.) • Adequate Fire Response (Fire Station #7, 835 N. Rupple Road) • Appropriate Future Land Use • Within Master Plan Area (Wedington Corridor Neighborhood Plan) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The proposed zoning is generally compatible with the surrounding mix of land uses. One issue with the request is the west lot does not have the appropriate 18-foot width to meet the CS district's bulk and area requirements for a single-family dwelling. However, due to the existing lot split, the dwelling on the subject property is presently a non- conforming use which would be rectified with the proposed rezoning. The proposed rezoning would replace an existing non -conforming use with a non -conforming lot. Commercial uses are prevalent along W. Wedington Drive to the north, an institutional use to the south, and attached residential dwellings found to the west. Development under CS zoning district may serve to promote livable transportation, where residents would be within a walkable distance to amenities. Staff finds, therefore, that rezoning will not represent a conflict of compatibility. Coupled with the subject property's adjacency to two major thoroughfares, staff contends that potential development under the requested zoning district promotes a greater diversity of housing options that is appropriate at this location. Land Use Plan Analysis: Staff finds the proposed rezoning is compatible with the future land use designation for this location, the goals in City Plan 2040, and adopted land use policies. This area is designated as a City Neighborhood Area, which encourages density in all housing types and supports the widest spectrum of uses. The proposed rezoning offers an opportunity to eschew conventional strip development in favor of a more urban layout. Dense residential development located behind commercially zoned properties directly reflects the gradient transect approach promoted by City Plan 2040 and would assist in creating a complete and connected area where elements of suburban sprawl are typical. Finally, the property Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 3 of 15 falls within the planning area for the Wedington Corridor Neighborhood Plan. The applicant's proposal is in line with the neighborhood plan's aim for incremental development with a clear vision. Given the proposal's consistency with the future land use plans in the area, staff finds this to be a compatible zoning request. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning would remedy a non -conforming use and replace it with a non -conforming lot. C-1 zoning does not allow single-family residences to be developed by -right or by conditional use. Rezoning to CS brings the current use into conformity but creates a non -conforming lot due to the 18-foot lot width minimum requirement in CS zoning. Though uncommon, rezoning actions occasionally create non -conforming uses and lots. The most apparent example occurs when a rezoning action is associated with long-range or neighborhood plan. Because the subject property does not meet the CS standard for lot width, either a Board of Adjustment variance or property line adjustment would need to be approved. prior to re -development of the west parcel. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to CS carries an associated potential to increase traffic along W. Wedington Drive and N. Rupple Road. Vehicles would be able to access fully improved portions of W. Wedington Drive and N. Rupple Road. Each street has asphalt pavement, curb and gutter, storm drain, and sidewalk. A shared -use side -path trail is present along N. Rupple Road. W. Wedington Drive and N. Rupple Road are classified as a Regional High - Activity Link Street and Regional Link Street, respectively. Both roads have a design service volume of 17,600 vehicles per day, leading staff to believe that the existing infrastructure can absorb an increased vehicle load. Staff does not find that the number of allowable units would noticeably increase traffic congestion or danger along either roadway. Staff also finds the request improves opportunities for alternative modes of transportation to be utilized along a stretch of W. Wedington Drive which faces increasing pressure to develop. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from C-1 to CS could appreciably increase the allowed population density at the location given the added residential uses permitted by -right. The property has access to City water and sewer and is proximate to other public services. The presence of existing infrastructure negates the need for costly extensions or stretched fire or police service that is often associated with development on the urban periphery. 5. If there are reasons why the proposed zoning should not be approved in view of Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 4 of 15 considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: The west parcel does not meet the CS standard for lot width. Typically, 18- feet of street frontage is required for dwellings. Either a Board of Adjustment variance or property line adjustment will need to be approved prior to an attempt at re -development. RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000032 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: April 12, 2021 Motion: Second: LVote: BUDGET/STAFF IMPACT: None O Tabled O Forwarded O Denied Attachments: • Unified Development Code: o §161.22 - District CS, Community Services o §161.21 - District C-1, Neighborhood Commercial • Request letter • Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 5 of 15 161.22 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit Three (3) and four (4) family dwellings 10 Unit Eating places 113 Init Neighborhood Shopping goods 15 Unit Gasoline service stations and drive-in/drive through 18 restaurants Unit Home occupations 24 Unit Offices, studios and related services 125 rUnit Multi -family dwellings 26 rUnit Sidewalk Cafes 40 Unit Accessory dwellings 41 Unit Cluster Housing Development 144 Init Small scale production 45 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services r Unit 16 Shopping goods Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 6 of 15 Unit 17 I Transportation, trades and services Commercial recreation, small sites Center for collecting recyclable materials Liquor stores Outdoor music establishments Wireless communication facilities* technologies Unit 19 Unit 28 Unit 34 Unit 35 Unit 36 Unit 42 —]Clean (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling All others (2) Lot Area Minimum. None. (E) Setback regulations. Front: Side and rear: Side or rear, when contiguous to a single-family residential district: 18 feet None A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19) Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 7 of 15 161.21 - District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 5 Government Facilities Unit 13 Eating places Unit 15 Neighborhood shopping Gasoline service stations and drive-in/drive through �Unit 18 restaurants Unit 25 Offices, studios, and related services nit F40 Sidewalk Cafes nit F44 Cluster Housing Development Unit U Small scale production (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 16 Shopping goods Unit 34 Liquor stores Unit 35 Outdoor music establishments* Unit 36 Wireless communications facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the 50 building feet Side None [Side, 10 when contiguous to a residential district feet 20 Rear feet Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 8 of 15 Urban Form Setback Regulations: A build -to zone that is located Front between 10 feet and a line 25 feet from the front property line Side and rear None FSide or rear, when contiguous to a single-family residential 15 feet district (F) Building Height Regulations. Building Height Maximum 5 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 4, 5, 4-2-19; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245, §2, 10-15-19) Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 9 of 15 Bags /Associates, i nc. Civil Engineering & Surveying 7230 S. Pleasant Ridge Drive/ Fayetteville, AR 72703 PH: 479-442-9350 * FAX: 479-521-9350 March 16, 2021 City Planning Division City of Fayetteville, Arkansas 125 W. Mountain Street Fayetteville, AR 72701 Re: Rezoning Request (Parcel #765-16251-001) Dear Planning Staff, The property owners of Washington County Parcel #765-16251-001 are applying for a rezoning of a portion of said property. The parcel in question totals 1.97 acres, and the owners are requesting that the parcel to be rezoned to CS — Community Services. The parcel is currently zoned C-1 Neighborhood Commercial. This parcel has previously been split into two tracts, as shown on a plat found in Washington County Records in book 2019 at page 1004. Both tracts are subject to this rezoning request. The eastern tract (Tract 1) is proposed to be developed as commercial, and the western tract (Tract 2) is to be developed as multi -family residential. Zoning districts adjacent to the property are C-1 to the north and east. R-A across Rupple Road, P-1 to the South and RI-12 to the west. The applicant asserts that the proposed zoning district fits well with the surrounding neighborhood, given its variety of zoning districts and the presence of several Multi -Family and Mixed -Use developments. Due to the site size, only 12 units could be constructed, therefore, traffic impact will be minimal. Water and sewer are both located adjacent to the site. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely, Bates & Associates, Inc. Geoffrey H. Bates, P.E. President of Engineering Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 10 of 15 REZONE EXHIBIT "�ARKANSAS STATE HWY #16 WEST WEDINGTON DRIVE - \\ NC X 16". LOC. FOR PARCEL ER \\\ � � �18" X 36" MONUMENT SIGN PER Q, 0' 40' 80, 120' I GRAPHIC SCALE (IN FEET) I I loch=40II. INGRESS AND EGRESS EASEMENT GRANTED TO ALLOW PASSAGE OF \'E INITV 1\f E MOTOR VEHICLES & PEDESTRIANS TO USEDRIVEWAYTOAND PROMPARCEL #765-16251-N TO ACCESS ARKANSAS STATE HWY #16 PER & 2013, P. 1593'1 yam_ i Rjj— atic i .. a i ii slil $ VICINITY MAP NOT TO SCALE i s ROP TY OWNER: A LLC PAYETTEVNIT, AR 72702 m I= c PAOB INDEX: 439T WIC I rve zzl^ to I° I Ix o a I PARENT TRACT OIla I (TO BE REZONED TO CS) 3 O PARCEL #765-16251-001 NO2°2 1.97 ACRES +/— O A FOUND ALUM. MON. CAP 41566 1 8"SEWER -APPROX LOC. CONC. DRIVE NW CORNER FALLS—� s 1 ON A FENCE COLUMN —(st .50 r o' \ GRAVEL CAP #1258 II-- 8"SE— T APPROX.LOC.i IS'B.S.B. i —J —� -- -- -- —FOB s F s TRACT 21 uI 9PPFRS m �X� AG\ � yWNIN F¢k (D 91 - TIED ASPHALT 9.]'I A s\ / RRICK ) CARPORT A I O a 3 T20 l 1)Gazz -FAN FAYAR 721 1-1156 ARCEL#65-1621'WE y e� 2ED'GI&G2 ) COLORADO GENERAL O LEC INU 8 DAR 72 ROCK,LITTLE #76522366002 O 3) oBROOKFS AVE VARCEL# C 65223-001 D: C-1 `AY9 FREIGHT CORE Po) BOX E888 AR]2]02-1888 PARCEL N76516250-004 5)CH'Y OFFAVETTEVILLE W Q_ NI$ IAYETU AR B3 zl PARCEL 6251-003 I wELLMAN'BRIAN I a52N DAISY LN 1-AYETTEVILLE, AR'I2]09-5115 PARC-65-19-000 RI-12 IG IS NM TIMJ 23-000 ZONED _12 RPA LLC iaa. EXISTING HOUSE 51�4�C �o PoRcy m x TRACT 2 e i 0.98 ACRES +/— I �\ AWNING µEXISTING ® _=. L _ — �ILILDING— _ 20' B.S.B. 0 — x — '#1258 l2123m \a 210 — ASPHALT I EXISTING BUILDING (NOTAPARTOFTHISSURVEY) H I 1 ASPHALT ASPHALT (D .28' 209. ' I I y I� TRACT 1 0.99 ACRES +/ PARENT TRACT & TRACT 1— J SET 5' OFFSET ROPPLE ROAD R/W DEDICATED PER DEED 2002-26501— \ Ed y m I I SET 5' OFFSET SURVEY DESCRIPTIONS: 5 E:65]038.30 CF IPARCELE6S16251- -BE REICISED TOC9): NURENSTQ ARTER OF THE SoUTHEASTOQUARTER OF SECTION 112,, TOWNSHIP 16 NORTH, RANGE 31 WEST, NVASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLUO—, TO WIT BESONNING AT A POINT N THE SMEST SHIET OF ED A RE AND RUNN HENCE ALONG SAID EUGHT-OF-WAY RR2�lyl48� IV, EFEENCE LEAVING SAID EKI."T%FrAyN SAI THENCE no2 1042 E 2o0.a1, TxANCE see 3249E 422.2a TO THE POINT OF BEGINNING, CONTAINING 1.9] ACRES, MORE OR LESS. SUBJECT To ALL EASEMENTS AND RIGHTS -OF -WAY OF FU COBDV A PART OF THE NORTHWESTQUARTEROFTHE SOUTHEAST QUARTER OFSECTION I2, TOVOISHIPAY OF NORTH ,RANGE S(WEST,WABHMGTON FRA929-W15ARKANSAS,FROMTHMO REREATCOIRLY DESCRIBED T FOLLOWS, LEAND BEGINNING E A POINT ON THE WEBT RIGHT-OF-WAY OP RUFFLE ROAD WHICH IS G SAID RI 4 T4 FEND NB873 '9"W 15 00' FROM THEN 2Rl3 EAET CORNER OFSAID FORTY ACRET ' TA HE RUNNING THENCEALONG SAIDRIGHT-OF-WAY MORE SS. SUTEECTT LEAVING SAIDRIGHT MWAYNB'1°4 VOF RSCO',THENCE NO2°13'48"E 203.BT, THENCE 588°32'49"E 209.]8' TO THE POINT OF BEGINNING, CONTAINING 099 ACRES. MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTSOF-WAY OF RECORD, TRACT 2: 'PART THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST,WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-E BEGINNING AT A POINT WHICH IS S 02°1920" W 444.0]' AND N88°32'49"W 224.]8' FROM THE NORTHEASTCORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE 502°13'48"W 203.87', THENCE N8T43'21"W 21230' TO AN EXISTING REBAR THENCENN-IN2"E 20RAF, THENCE 888°3249"E 212.W TO THE POINT OF BEGINNING, CONTAIN— 0,98 ACRES, MORE OR LESS. SURRCT TO ALL EASEMENTS AND RIGHTS-ONWAY OF RECORD. Elates DFHD MP LEGEND: o� -D"r R31 W �" ®RLEcrrzoicA eoxsra ®cl.eAry ouT "DARE pre -DEG �LL �PD /4ssociates, lnc. :;°,'"R-- R _ mE(„— °�° EnEFMws'8urvayols'laMecepe Arthlkde �FouND In"RRBAR —1!TP war EF"AD roI°Nm�o RARVA — _ — FINEST E O s-r ERNNE z ocDMPur-D PowTP — — — cK EZRAIM ®cwsmL- I — — & ---.".._.._..._._ -_..._ RUNE (C)IA—PRNITAL ----- -D DwRrD - xIS IND, LAST SITE VISIT BASIS OF BEARM], RANGE DOGDMENTE: D PLAT OF SURVEY FILED IN BOOK 2003 AT PAGE39692 2) PEAT OF SURVEY PILED RJ 3) FINAL P°LABOF I] AT PAGE 102 E9TMENTS, FILEDOMC. 4) CORRECTION WARRANTY DEED PILED IN DWK2003AT PAGE51129 5) WARRANTY DEED FILED IN 6) ABU FNATREWAYEASONS FILEDI IN BOOK 2013 0 3NAT PAGE 15TS,CONDq�ON6' WEDMGTON CCAUU MABTER PLAN AREA FRONT 15ft FRONT 5UR (BEINN PARKG IS ALLOWED BETWEE E RIGFD-OP-WAY AND THE BUILDING) ° I. 0flR SIDE A RESIDENTIAL DISTRICT) IC RESIDENTIAL DISTRICT) REAR zon NE NOTES: ALL UTILITY LINES APPEARING ON THIS PLAT, AS WELL AS THOSE THAT MAY MOST UNDESTROUND NEED TO BE VERIFIED PRIOR TO BEING ANY TYPE OF EMCNVATION OR DESIGN. SOME UTILITY LINES MAY ALSO EXIST THAT — BUT SHOWN ON THIS PLAT FLOODCER YIS LOCATED WITHIN FLOOD " "AI'IOB �AE' AIS OB'FtatMMED EY THE NATIONAL FLOOD M9UaANC1PBO1BAMFLOODINSURANCERATEMAPFOR WASHINGTON COUNTY, ARKANSAS. (FIRM PANEL OU 143Co65P. DATED QV 1612008) INGRESS AND EGRESS EASEMENT GRANTED TO ALLOW PASSAGE OF MOTOR VEHICLES & PEDESTRIANS TO USE DRIVEWAY TO AND FROM PARCEL #]65-16251-1)01 TO ACCESS RUPPLE ROAD PER B. 2011, P. 15937 FCC NE CORNER NW 1/4, SE 1/4 SECTION 12 T 1 DERD2o 4 -1 4 QR Planning Com ission April 1 , 2021 Agenda Item 3 RZN-21-000032 RPA Page 11 of 15 Agenda Item 3 RZN-21-000032 RPA Page 12 of 15 RZN-2021-000032 RPA, LLC. Close Up View CS _ _ _ _ _ ------------------------- WEDINGTON,DR i ---=- ---------------- ------ 1 t 1 C-1 1 1 1 Subject Property 1 1 G "C-2 I .fl 1 I m R-0 DAISY-LN v Proposed RI-U _ 1 1 1 RI-12 W J Ia ALLEY-798� a i 0 � 1 1 ALLEY a 1 �'Q/r RPZD 3 766 , RSF-4 Sp�R LN H 1 A_ 4 �n ��OO�'li � O 1 1 NS-L 44140;9 � 1 UJ 0 NORTH a Zoning Acres — Regional Link RW 1.0 — Regional Link - High Activity — — — Shared -Use Paved Trail Feet - - - Trail (Proposed) �- - 0 75 Fayetteville City Limits 150 300 450 600 - -, - - - Planning Area 1 inch = 200 feet Total 1.0 - -� Planning Co mi 2, ssion 2021 Agenda Item 3 RZN-21-000032 RPA Page 13 of 15 RZN-2021-000032 RPA, LLC. A& Current Land Use NORTH _ 4 WEDINGTON DR Af Undevelo ed °~ f� L. Commercial p { Commercial \ 8 0 4 Subject Property Duplexes Single Family o �� Residential r... y: * h $ J. ,:. a 4 r awi , I j =� Fire Station #7 l� f m J' ►� Regional Link Regional Link - High Activity -- Shared -Use Paved Trail Feet - - - -Trail (Proposed) 0 55 110 220 330 440 _ _ Fayetteville City Limits 1 inch = 150 feet ' Planning Area FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Co mission 4,01 2, 2021 Agenda Item 3 RZN-21-000032 RPA Page 14 of 15 RZN-2021-000032 Future Land Use RPA, LLC. >-, J Z SARDINIA � j 1 in WAY w J 1 a; N 1 Z� _ 1 Q 1 to 1 1 1 1 1 1 ----------------- -------------- - WEDINGTON,DR 1 \ - - - - - - - - - - - - - - - 1 1� IC 1 'p Subject Property I m =v DAISYLN Proposed RI-U CROWN Civic i FLOWER DR Institutional 1 ALLEY-798 I IQIp ALLEY a B�Q.� SAGR LN 766 a. FLO I 1 1 c p 40 I 1 �yLEY- 4301—�k �� w a w o a 0 a BF;4 1 UJ J N Xti �<<<cy ��OWL-ANDS DR Q I` ss0 — Regional Link — Regional Link - High Activity — — — Shared -Use Paved Trail Feet - - - Trail (Proposed) I- - L_ - -, Fayetteville City Limits Planning Area 0 112.5 225 450 675 1 inch = 300 feet \ 1115 = ■ I City Neighborhood Residential Neighborhood lllllr City Neighborhood Civic Institutional lllll� Civic and Private Open Space Industrial lllll� Natural Non -Municipal Government 900 Residential Neighborhood L Rural Residential lllll� Urban Center Di-;, r, ssion 2021 Agenda Item 3 RZN-21-000032 RPA Page 15 of 15 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0301 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: CA File Type: Ordinance RZN 2021-035: (S.E. OF MORNINGSIDE DR. & HUNTSVILLE RDJPARK MEADOWS, PH. V): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-035 LOCATED SOUTHEAST OF MORNINGSIDE DRIVE AND HUNTSVILLE ROAD FOR APPROXIMATELY 0.66 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to CS, Community Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 412712021 City of Fayetteville Staff Review Form 2021-0301 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/16/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 2021-000035: Rezone (5.E. OF MORNINGSIDE DR. & HUNTSVILLE RD./PARK MEADOWS, PH. V, 564): Submitted by RAUSCH COLEMAN HOMES, INC. for property located S.E. OF MORNINGSIDE DR. & HUNTSVILLE RD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.66 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: April 16, 2021 CITY COUNCIL MEMO SUBJECT: RZN 2021-000035: Rezone (S.E. OF MORNINGSIDE DR. & HUNTSVILLE RD./PARK MEADOWS, PH. V, 564): Submitted by RAUSCH COLEMAN HOMES, INC. for property located S.E. OF MORNINGSIDE DR. & HUNTSVILLE RD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.66 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is in south Fayetteville, just southeast of the corner of E. Huntsville Road and Morningside Drive. The property is part of Phase V of the Park Meadows subdivision, and is a 0.66 acre portion of parcel 765-32024-000. The property is currently zoned NC, Neighborhood Conservation. Request: The request is to rezone the property to CS, Community Services. The property is currently entitled for single-family development within the aforementioned Park Meadows subdivision. Modified plans have not been submitted or proposed. Public Comment: Staff has not received any public comment on this item. Land Use Compatibility: The property is largely encompassed by the Park Meadows residential subdivision, which has been under development for several years. The area in question is currently within Phase V of the subdivision. As the area is under development to add more residences, Morningside Drive is currently being widened to include sidewalk, greenspace, bike lanes, and on -street parking. The property to the east and south is zoned NC, Neighborhood Conservation, which is a primarily single-family neighborhood zoning district. That said, immediately to the north, the property is zoned CS, Community Services, and to the west, across Morningside Drive, the property is zoned DG, Downtown General. Despite the surrounding zoning of DG and CS, the area is generally lacking in walkable services, with much of the surrounding area being characterized by residential uses. While there is already CS zoning immediately Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 adjacent to this portion under consideration, staff finds that expanding the footprint of the CS zoning would provide additional opportunity to bring a mix of uses, a variety of housing types, and other walkable services to an area that is rapidly growing in residential population. Given the availability of infrastructure like water and sewer and the improvements coming to Morningside Drive, staff finds that the request is compatible. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation of a City Neighborhood, and the goals of City Plan 2040. The property has a moderate infill score of 7, which may not fully represent all of the recent ongoing development in the area, including the multiple phases of the Park Meadows subdivision. The request also meets goals 3 and 4 of City Plan 2040, by leaning towards making compact, complete, and connected development the standard; by adding potential walkable services to the area, this positively contributes to a livable transportation network as well. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1055 Happy Hollow Road) • Near Sewer Main (Morningside Drive) • Near Water Main (Morningside Drive) • Near City Park (Walker Park) • Near Paved Trail (On -street Bike Facility on E. Huntsville Road) • Near ORT Bus Stop (Route 20) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the April 12, 2021 Planning Commission meeting, a vote of 6-2-0 forwarded the request to the City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Sharp seconded; Commissioners Paxton and Wiederkehr voted no. Commissioners discussed future access to the site, considering the approved development for rear -loaded residential currently for that portion of property, and expressed concern for added curb cuts along Morningside Drive. They ultimately found in favor of the rezoning request, given the potential for added commercial uses to the area that would serve future residents. Commissioners in opposition did not offer comment. No public comment was offered on the request either prior to or at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B Planning Commission Staff Report RZN-2021-000035 C �Q F= Close Up View Park Meadows SD Ph V _ RSF-8 � __---t-AIRL-ANE ST MUCLINTOWST z a f. —P iio — Neighborhood Link — — Shared -Use Paved Trail — — — Trail (Proposed) Hillside -Hilltop Overlay District — r Fayetteville City Limits - Planning Area RSF-4 HUNTSVILLE RD Subject Property Feet 0 75 150 300 450 600 1 inch = 200 feet R-A NI Zoning Acres CS 0.7 Total 0.7 DESCRIPTION: PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 22; THENCE S02°38'43"W 12.01 FEET; THENCE S87°21'17"E 40.00 FEET; THENCE S02°38'43"W 394.30 FEET TO THE POINT OF BEGINNING; THENCE S87°23'05"E 165.78 FEET; THENCE S02°38'43"W 174.32 FEET; THENCE N87°21'17"W 165.78 FEET TO THE EAST RIGHT-OF-WAY OF SOUTH MORNINGSIDE DRIVE; THENCE ALONG SAID EAST RIGHT-OF-WAY NO2°38'43"E 174.23 TO THE POINT OF BEGINNING, CONTAINING 0.66 ACRES, MORE OR LESS 1P11-- - TO: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE Fayetteville Planning Commission Jessie Masters, Development Review Manager April 12, 2021 Updated with PC hearing results from 4/12/2021 SUBJECT: RZN-2021-000035: Rezone (S.E. OF MORNINGSIDE DR. & HUNTSVILLE RD./PARK MEADOWS, PH. V, 564): Submitted by RAUSCH COLEMAN HOMES, INC. for property located S.E. OF MORNINGSIDE DR. & HUNTSVILLE RD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.66 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2021-000035 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000035 to City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville, just southeast of the corner of E. Huntsville Road and Morningside Drive. The property is part of Phase V of the Park Meadows subdivision, and is a 0.66 acre portion of parcel 765-32024-000. The property is currently zoned NC, Neighborhood Conservation. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Vacant Future Park Meadows Phase CS, Community Services South Vacant Future Park Meadows Phase NC, Neighborhood Conservation East Vacant (Future Park Meadows Phase) NC, Neighborhood Conservation West Single -Family Residential/Undeveloped DG, Downtown General Request: The request is to rezone the property to CS, Community Services. No development plans have been submitted by the applicant. Public Comment: Staff has not received any public comment on this item INFRASTRUCTURE: Streets: The subject area has frontage along S. Morningside Drive. S. Morningside Drive is a partially improved Neighborhood Link street with asphalt paving and open ditches. The subject property has frontage along E. Swift Drive. E. Swift Drive is Planning Commission April 12, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 1 of 15 partially improved Residential Link street with asphalt paving, curb and gutter. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 24-inch water main present on the east side of S. Morningside Drive, and an existing 6-inch water main is present in the center of S. Morningside Drive. There is also an existing 8-inch water main present through the property itself. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the south side of E. Huntsville Road, and an existing 6-inch sanitary sewer main is present along East side of S. Morningside Drive. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District. A small area in the Southeastern corner of the subject property lies within a FEMA floodplain, and hydric soils are present in the southeastern portion of the property. There is not a protected stream in the area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 3, located at 1055 Happy Hollow Rd., protects this site. The property is located approximately 1.0 miles from the fire station with an anticipated drive time of approximately 1 minutes using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site, with a weighted score of 8. The following elements of the matrix contribute to the score: Adequate Fire Response (Station #3, 1055 Happy Hollow Road) Near Sewer Main (Morningside Drive) Near Water Main (Morningside Drive) Planning Commission April 12, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 2 of 15 • Near City Park (Walker Park) • Near Paved Trail (On -street Bike Facility on E. Huntsville Road) • Near ORT Bus Stop (Route 20) • Appropriate Future Land Use (City Neighborhood) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The property is largely encompassed by the Park Meadows residential subdivision, which has been under development for several years. The area in question is currently within Phase V of the subdivision. As the area is under development to add more residences, Morningside Drive is currently being widened to include sidewalk, greenspace, bike lanes, and on -street parking. The property to the east and south is zoned NC, Neighborhood Conservation, which is a primarily single- family neighborhood zoning district. That said, immediately to the north, the property is zoned CS, Community Services, and to the west, across Morningside Drive, the property is zoned DG, Downtown General. Despite being zoned for it, the area is generally lacking in walkable services, with much of the surrounding area being characterized by residential uses. While there is already CS zoning immediately adjacent to this portion under consideration, staff finds that expanding the footprint of the CS zoning would provide additional opportunity to bring mixed -use, a variety of housing types, and other walkable services to an area that is rapidly growing in residential population. Given the availability of infrastructure like water and sewer and the improvements coming to Morningside Drive, staff finds that the request is compatible. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation of a City Neighborhood, and the goals of City Plan 2040. The property has a moderate infill score of 7, which may not fully represent all of the recent ongoing development in the area. The request also meets goals 3 and 4 of City Plan 2040, by leaning towards making compact, complete, and connected development the standard, as well as by adding potential walkable services to the area, positively contributes to a livable transportation network as well. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone to CS from NC at this location would expand the opportunity to provide additional services and a mix of uses to a primarily residential neighborhood, which is in line with the City's Future Land Use plans for the area as a City Neighborhood. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Planning Commission April 12, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 3 of 15 Finding: Rezoning the property to CS at this site could increase traffic in the area. Staff finds that the request is at the corner of two Neighborhood Link Streets, which both have a design service volume of 6000 vehicles per day. Further, staff finds that Ozark Regional Transit currently serves the area along E. Huntsville Road, and that there is also an on -street bike lane on E. Huntsville Road. Given the design service volume of the streets, as well as the available alternative transportation methods in the area, staff finds that these alleviate concerns about added traffic. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from NC, Neighborhood Conservation to CS, Community Services has the potential to increase population density in this area. That said, staff finds that this increase in zoning, with the available water and sewer to the site and available street infrastructure, that the area can support the increase. The Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000035 to City Council with a recommendation of approval. (PLANNING COMMISSION ACTION (Date: April 12, 2021 O Tabled Motion: Belden (Second: Sharp Required YES 0 Forwarded O Denied to City Council with a recommendation of approval (Vote: 6-2-0 (Commissioners Paxton and Wiederkehr in opposition BUDGET/STAFF IMPACT: None Planning Commission April 12, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 4 of 15 Attachments: • Unified Development Code: • §161.29 - Neighborhood Conservation • §161.22 -Community Services • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission April 12, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 5 of 15 161.29 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business" Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 40 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located between the front Front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center 12 feet line of an alley (F) Building Height Regulations. Building Height Maximum 3 stories Planning Commission April 12, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 6 of 15 (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19) Planning Commission April 12, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 7 of 15 161.22 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings [nit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 24 Home occupations Unit 25 Fffices, studios and related services Fnit 26 Multi -family dwellings Sidewalk Cafes Unit 40 Unit 41 Accessory dwellings Cluster Housing Development Small scale production Unit 44 Unit 45 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities nit 14 Hotel, motel and amusement services [nit 16 Shopping goods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities" Unit 42 Clean technologies Planning Commission April 12, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 8 of 15 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling FAII others (2) Lot Area Minimum. None. (E) Setback regulations. Front: Side and rear: FSide or rear, when contiguous to a single-family residential district: 18 feet None A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19) Planning Commission April 12, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 9 of 15 February 18, 2021 Jonathan Curth City of Fayetteville RE: Park Meadows Rezoning Please accept this letter as a request to rezone approximately 1 acres of land located within the Park Meadows Subdivision, near the southeast corner of Morningside Drive and Huntsville Road. There is approximately 2.25 acres of property already zoned CS, Community Services at this corner. Our request is to rezone another 1-acre to Community Services, which will encompass the remaining land within Phase 5 of the development. This property is directly across the street from land that is zoned DG, Downtown General and contains a mixture of land uses, including single-family homes, apartments, and commercial buildings. City Plan 2040 identifies this property as City Neighborhood, which is intended for the widest spectrum of uses and encourages density in all housing types. The request to rezone to CS, Community Services is in compliance with City Plan 2040 and compatible with surrounding land uses and zoning districts. SincerelHFulcher [ L 1 Rausch Coleman 4058 N. College Avenue — Fayetteville, AR 72703 — Office: 479-455-9090 — Fax: 479-455-2026 www.rauschcolemanhomes.com Planning Commission April 12, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 10 of 15 REZONE EXHIBIT GRAPHIC SCALE IN FEET NW CORNER S870 21' 17"E 40.00' W 1/2, NE 1/4 SEC 22, T-16—N, 8 0' 0 8 0' R-30—W E. HUNTSVILLE ROAD S20 38' 43"W 12.01' 0 IM I3 0 N H PARCEL 765-15088-000 QCD 2018-00036807 0 W 0 (rl C-D > Z O O m S870 23' 05"E 165.78' o vi o P.O.B. 0 o w Q O N iV w m ef' M o O W i a M > a 00 = 1 N o - coZ U N a� N Z o c-- Q N o N870 21' 17"W 165J8' <�Z auo w O h Y ,o �r 901 N. 47th St., Suite 400 o NOTE: Rogers, Arkansas 72756 Z ? o THIS REZONE EXHIBIT IS A GRAPHICAL REPRESENTATION OF THE REZONE DESCRIPTION, AND C ra f t(��''� I III 3 0 DOES NOT CONSTITUTE A BOUNDARY SURVEY. P13TtiningTdrrfT-�i5si n o J J ® architecture I engineering s�?i lgZ 20 1 PROJECT NO.: DRAWN BY: DATE: SHEET: CHECKED: 479.636.4838 t 4AWCM2fi6nl 2 16108506 1 02/18/2021 1 OF 1 1 RZN-21-OOi°lt` cP'6WIl/WMbws Page 11 of 15 ssion 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 12 of 15 RZN-2021-000035 Close Up View CO - RSF-8 ___-FAIRL•ANE ST 4 a F= Park Meadows SD Ph V RMF-24 I I I MCC LINTON ST z • Neighborhood Link — — — Shared -Use Paved Trail Trail (Proposed) Hillside -Hilltop Overlay District — Fayetteville City Limits — ` Planning Area Subject Property Feet 0 75 150 300 450 1 inch = 200 feet :II RSF-4 HUNTSVILLE RD R-A Zoninq Acres CS 0.7 Total 0.7 PlanninJo mission 2, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 13 of 15 RZN-2021-000035 Current Land Use Park Meadows SD Ph V F z :. . Single -Family zl�, L Residential; O FAIRLANE ST F-———— — — —.—' — I I I I . NORTH .:.- WOR Vacant/ Future Park Meadows Phase Subject Property i .. Vacant/ Future Park Meadows Phase MR, Feet Neighborhood Link Fayetteville City Limits 0 35 70 140 210 280 Planning Area 1 inch = 100 feet FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Planning Colmission ^A 01 2, 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 14 of 15 RZN-2021-000035 Future Land Use Park Meadows SD Ph V C Q .yG��s �2 sm MARTIN LUTHER KING'JR'BLVD' 7TH ST I w a> 0 nq O 3 > a> Q F- ul W Z W MCCLINTONI ST— NANTUCKET DR 2 a y ~3 Wh'iTEF�SN eAY P�- Neighborhood Link -- Shared -Use Paved Trail Feet Trail (Proposed) 0 145 290 580 870 �- - - Fayetteville City Limits Plannin Area 1 inch = 400 feet '---+ 9 \'l''JI1\�■I Residential Neighborhood --------- HU Property City Neighborhood Natural L ILLE� Civic Institutional City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood L Rural Residential Urban Center Planning Cc ssion 2021 Agenda Item 12 RZN-21-000035 Park Meadows V Page 15 of 15 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0304 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.5 RZN 2021-036: (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVEJADMIRAL EAST, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-036 LOCATED AT 216 AND 224 NORTH FLETCHER AVENUE AND 227 NORTH SUMMIT AVENUE FOR APPROXIMATELY 0.58 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RSF-18, Residential Single Family, 18 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 412712021 City of Fayetteville Staff Review Form 2021-0304 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/16/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 2021-000036: Rezone (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVE./ADMIRAL EAST, LLC., 485): Submitted by MAX MAHLER for property located at 216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.58 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: April 16, 2021 CITY COUNCIL MEMO SUBJECT: RZN 2021-000036: Rezone (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVEJADMIRAL EAST, LLC., 485): Submitted by MAX MAHLER for property located at 216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.58 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is near Mt. Sequoyah, east of downtown Fayetteville and is currently a through lot that has frontage on N. Fletcher Avenue to the west and N. Summit Avenue to the east. Containing 0.58 acres, the property is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. County records indicate that the property has three duplexes on site, but the duplex addressed at 227 N. Summit Avenue was recently demolished. Request: The request is to rezone the property to RSF-18, Residential Single -Family, 18 Units per Acre. No development plans have been submitted by the applicant, though their letter of intent indicates a desire to develop 8 single-family homes on the site. Public Comment. Staff has received public comment on the item in opposition and in support of the request. Concerns included available infrastructure on Summit Avenue especially with regards to a lack of sidewalks and drainage concerns. Land Use Compatibility: The surrounding property is surrounded to the north, east, and south by single-family residential, though there is mixed -density residential to the west. Use of the property is currently non -conforming with two duplexes on -site; until recently there was a third, but that was demolished in early 2021. There is not a regular lot width pattern in the area, with lot widths ranging from approximately 50 feet to the immediate north, and 125 feet to the immediate south. To the west, lot widths range from approximately 55 feet to 105 feet. While N. Summit Avenue is underdeveloped in that there are not currently sidewalks or curb and gutter, N. Fletcher Avenue Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 does have an existing sidewalk and curb and gutter on the property's frontage. Though RSF-4 zoning surrounds the property to the north, east, and south, RMF-24 zoning largely governs the area to the immediate west heading towards downtown. Staff finds that a rezoning from RSF-4 to RSF-18 would allow for compatible uses, while acting as a transition from the RMF-24 zoning to the west, to the lower density single-family residential to the east. RSF-18 would also introduce smaller lot sizes to the area, which could provide for additional housing types and sizes, and bring more variety to the housing market in a neighborhood that is already largely diverse and varied. The property is facing topographical challenges, and its presence in the Hillside -Hilltop Overlay District will present additional engineering and urban forestry review. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property has a moderate infill score of 5, which indicates that the area can likely support a moderate increase in single- family housing as would be provided by this request. The request also meets goals 1 and 6 of City Plan 2040, by providing infill development, as well as by providing a potential for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (Fletcher Avenue and Summit Avenue) • Near Water Main (Fletcher Avenue and Summit Avenue) • Near Grocery Store (Ozark Natural Foods) • Near City Park (Mt. Sequoyah Gardens) DISCUSSION: At the April 12, 2021 Planning Commission meeting, a vote of 5-2-1 forwarded the request to the City Council with a recommendation of approval. Commissioner Canada made the motion and Commissioner Belden seconded. Commissioners in support of the request agreed that the location was good for increased density, given the large area of RMF-24 zoning to the west and RSF-4 zoning to the north, east, and south. Further, those in support felt that additional development in the area would provide the opportunity for infrastructure improvements. Commissioners opposed to the request issued concerns about drainage and that Fletcher Avenue provided a natural division in the zoning districts already. Four members of the public spoke on the item, both in support and opposition to the request. Members of the public in support of the request agreed that additional density and infill were welcome to the area, but some had concerns about the condition of the current property. Members of the public in opposition were concerned about added traffic in the area and the lack of a sidewalk along Summit Avenue. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report Legal Description Lots 1, 2, and 3, in Block 5, Harrison's Addition to the City of Fayetteville, Arkansas, less and except 50 feet of equal and uniform width off the North side of said Lot 1 CITY OF _' FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: April 12, 2021 Updated with PC hearing results from 4/12/2021 SUBJECT: RZN 2021-000036: Rezone (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVE./ADMIRAL EAST, LLC., 485): Submitted by MAX MAHLER for property located at 216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.58 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2021-000036 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000036 to City Council with a recommendation of approval." BACKGROUND: The subject property is near Mt. Sequoyah, east of downtown Fayetteville and is currently a through lot that has frontage on N. Fletcher Avenue to the west and N. Summit Avenue to the east. Containing 0.58 acres, the property is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. County records indicate that the property has three duplexes on site, but the duplex addressed at 227 N. Summit Avenue was recently demolished. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre South Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre East Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre West Mixed -Density Residential RMF-24, Residential Multi -Family, 24 Units per Acre Request: The request is to rezone the property to RSF-18, Residential Single -Family, 18 Units per Acre. No development plans have been submitted by the applicant, though their letter of intent indicates a desire to develop 8 single-family homes on the site. Public Comment: Staff has received public comment on the item in opposition to the request, with concerns about available infrastructure on Summit Avenue especially with regards to a lack of sidewalks and drainage concerns. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 1 of 16 INFRASTRUCTURE: Streets: The subject area has frontage along N. Summit Avenue. N. Summit Avenue is a partially improved Residential Link street with asphalt paving and open ditches. The subject area also has frontage along N. Fletcher Avenue, which is a fully improved Residential Link street with asphalt paving, curb and gutter and sidewalk. Any street improvements required in these areas would be determined at the time of development proposal, as would any additional improvements or requirements for drainage. Water: Public water is available to the subject area. An existing 8-inch water main is present on the west side of N. Summit Avenue. There are two water mains along the east side N. Fletcher Avenue; an existing 10-inch water main as well as a 2.25- inch water main. Sewer: Sanitary Sewer is available to the subject area. There is an existing 8-inch sanitary sewer main in the center of N. Fletcher Avenue as well as an existing 8-inch sanitary sewer main is present on the east side of N. Summit Avenue. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. The subject property is completely within the Hillside -Hilltop Overlay District, but no portion of the subject area lies within a FEMA floodplain, nor are there any hydric soils on the property. There is not a protected stream in the subject area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.9 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 2 of 16 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site, with a weighted score also of 5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (Fletcher Avenue and Summit Avenue) • Near Water Main (Fletcher Avenue and Summit Avenue) • Near Grocery Store (Ozark Natural Foods) • Near City Park (Mt. Sequoyah Gardens) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The surrounding property is surrounded to the north, east, and south by single-family residential, though there is mixed - density residential to the west. The property itself currently has non- conforming uses, as it currently has two duplexes on site; until recently there was a third, but that was demolished in early 2021. There is not a regular lot width pattern in the area, with lot widths ranging from approximately 50 feet to the immediate north, and 125 feet to the immediate south. To the west, lot widths range from approximately 55 feet, to 105 feet, to 80 feet. Staff finds that while N. Summit Avenue is underdeveloped in that there are not currently sidewalks or curb and gutter, N. Fletcher Avenue does have an existing sidewalk, curb and gutter on the property's frontage. Though RSF-4 zoning surrounds the property to the north, east, and south, RMF-24 zoning largely governs the area to the immediate west heading towards downtown. Staff finds that a rezoning from RSF-4 to RSF-18 would allow for compatible uses, while acting as a transition from the RMF-24 zoning to the west, to the lower density single-family residential to the east. RSF-18 would also introduce smaller lot sizes to the area, which, while again, primarily limited to single-family, would provide for additional housing types and sizes, and bring more variety to the housing market in a neighborhood that is already largely diverse and varied. Staff also finds that the property is facing topographical challenges, and its presence in the Hillside -Hilltop Overlay District will present additional engineering and urban forestry review. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, or goals of City Plan 2040. The property has a moderate infill score of 5, which indicates that the area can likely support a moderate increase in single-family housing as would be provided by this request. The request also meets goals 1 and 6 of City Plan 2040, by providing infill development, as well as by providing a potential for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 3 of 16 Finding: A rezone from RSF-4 to RSF-18 can be justified at this area, given the compatibility of uses, and provision for a transition between RMF-24 zoning to the west, and lower density zoning to the east. The City's designation as a Residential Neighborhood Area also calls out for a variety of housing types and sizes, which a rezone from RSF-4 to RSF-18 would provide. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RSF-18 at this site would increase traffic to the site given the added residences, and proportional street improvements would be required by the developer with any associated development. Given the density, lot size and area requirements associated with RSF-18, the likelihood is that approximately 8-9 additional homes could be built on the site, which brings the possibility of 18 additional vehicles. Off-street parking would need to be accommodated. Staff finds that given there are currently at least 4 active dwelling units on site and that there were previously 6, a safe assumption would be that this site has recently accommodated at least 12 vehicles on site. The additional traffic a potential redevelopment would bring could likely be accommodated. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to RSF-18 would have the potential to increase population density in this area. That said, this incremental increase in zoning, with the available water and sewer to the site leads staff to find that the area can support the increase. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000036 to City Council with a recommendation of approval. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 4 of 16 PLANNING COMMISSION ACTION Date: April 12, 2021 O Tabled Motion: Canada Second: Belden Required YES M Forwarded O Denied to City Council with a recommendation of approval Vote: 5-2-1 Wiederkehr and Garlock voted "no", Sharp recused . BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: • §161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre §161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 5 of 16 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 I City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Unit 5 Unit 9 Cultural and recreational facilities Government facilities Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 14 or less 17 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 18,000 square feet 112,000 square feet Land area per dwelling unit Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Land area per dwelling unit 8,000 square feet 16,000 square feet 60 feet 70 feet 8,000 square feet 12,000 square feet 8,000 square feet 6,000 square feet Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 6 of 16 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 7 of 16 161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Cluster Housing Development Unit 44 (C) Density. Units per acre Eighteen (18) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 30 feet Two (2) family 30 feet (2) Lot Area Minimum. Townhouses: individual lot 1,250 square feet Single-family [2,500 square feet Two-family 2,000 square feet (E) Setback Requirements. Front A build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side Side -Zero Lot Line* Rear A setback of less than five feet 5 feet (zero lot line) is permitted on one on interior side, provided a 5 both maintenance agreement is feet sides filed**. The remaining side setback(s) shall be 10 feet. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 8 of 16 * A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code when locating a structure in close proximity to property lines and/or adjacent structures. ** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width for two-family dwellings. (Ord. No. 5800 , §2(Exh. B), 10-6-15; Ord. No. 5824 , §2, 11-17-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 9 of 16 4) A statement explaining the compatibility of this proposed rezoning with neighboring property and explaining why the proposed rezoning will not unreasonably adversely affect or conflict with surrounding land uses. It is our intent to build single family residences on the proposed property. The current property has 3 duplex housing 6 tenants. We plan to provide 8 single family residences. We believe this is consistent with the city's goals because it will provide additional infill homes in an area of town that is walkable to many of the city's amenities, trails, and down town area. Additionally we wanted to note the following highlights for several areas of potential concern. Traffic: This should not noticeably increase traffic as we are moving from the current non -conforming use of 6 tenants to 8 single family homes. Flora: We plan to maintain and protect trees on the property and irradicate the current invasive species of bamboo which has taken over much of the property. Surrounding Zoning: Properties on the West side of the lot is zoned RMF-24. We're requesting RSF- 18, which would help create a gradient between high -density housing the low -density (RSF-4) on the East side. School: We reached out to the principal of Washington Elementary school which is the school zone it is currently in. She let us know that in 2020 they were operating at around 87% of capacity and have since only decreased in attendance thus increased availability Hill side overlay district: We plan to work with our architect and engineers to provide appropriate water mitigation techniques including bioswales to manage run off. The current water mitigation on the property is a trench dug out by the property owner after a culvert was run under the street on summit and dumped directly onto the center of our property in years past. When building, we will properly divert this water and spread the runoff with environmentally sound techniques which spread the burden of the run off across the property instead of its current singular runoff point which should be an upgrade for the neighbors and the entire district. We plan to keep setbacks close to the front properties' lines in accordance with the building code and overlay Hill side district overlay preference reducing the amount of impervious drive space as well as many other ecologically sound building practices. We plan to utilize the natural topography of the lot to develop terrain adaptive architecture. We have discussed with each of the below for their support and partnership for the future of our project and hope to be great partners for each. Jessie Masters (see attached) for our current zoning request. Melissa Evan, Josh Boccaccio, Bryan Wandstrat Thank you so much, Alex Mahler- 479-263-2539 Property owner and developer -Admiral East LLC Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 10 of 16 Masters, Jessica From: Bruce Wilkins <bwwilkins@sbcglobal.net> Sent: Friday, April 2, 2021 4:46 PM To: Masters, Jessica Subject: Re: RZN-2021-000036 - 227 N Summit Rezoning Request 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. Hi Jessie, Thank you for talking to me earlier this week regarding the rezoning request for Summit and Fletcher. I have looked over the property owner's statement and I have a couple of comments - 1) He says "current property has 3 duplex housing 6 tenants." This may have been the case at one time, but the one duplex that was on the Summit side has been torn completely down for a couple of months and before that was derelict and vacant for well over a year. 2) He says he plans to protect the trees on the property, but a number of mature trees have already been taken down. I hope the city can look at past satellite photos to see what was there before. 3) He mentions properly diverting the water and spreading the runoff. I don't see how this is possible on the Summit side, without curbs and gutters on that street, it's going to be difficult to manage runoff. We have spent thousands attempting to divert the water around our house, but it has to go somewhere. I think we all know how the water runs off Mt. Sequoyah during and after a heavy rain. So, I think my main concern would be the Summit Avenue infrastructure. Without curbs, gutters, and sidewalks, the traffic and water runoff would seem to be a major issue. We have a number of children and older folks living on Summit that like to walk, and the only place to walk is in the street. I am, on the other hand, happy about the plan to eradicate the bamboo! Sincerely, Bruce Wilkins 230 N Summit Ave On Tuesday, March 30, 2021, 05:18:26 PM CDT, Masters, Jessica <jmasters@fayetteville-ar.gov> wrote: Good afternoon, Thank you for calling the City of Fayetteville Planning Division. Please see attached for the letter of intent that was submitted by the applicant on the proposed item. The applicant is requesting to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to RSF-18. Residential Single -Family, 18 Units per Acre. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 11 of 16 The item is currently scheduled for the April 12 Planning Commission meeting at 5:30 PM. Meetings are being held virtually due to the ongoing health crisis. If you would like to participate, you can find information about how to do so at this link. Final information about this specific meeting will be finalized about 24 hours ahead of time, so it should be available around April 11. If you would like to issue public comment ahead of the meeting in writing, please have it submitted to me, City staff, by Wednesday, April 7 to ensure that it is included in staff's report on the item. If received after, it will still be forwarded to the Planning Commission, but it may not be included in staff's report. Please let me know if you have any additional questions. Many thanks, Jessie Jessie Masters Development Review Manager City of Fayetteville, Arkansas (479) 575-8239 www.favetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY aF FAYETTEVILLE ARKANSAS Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 12 of 16 From: Rob Wells[mailto:robwells21032@gmail.com] Sent: Saturday, April 10, 20219:43 PM To: Planning Shared <planning@fayetteville-ar.gov>; Rob Wells <robwells21032@gmail.com> Subject: Rezoning - Mahler - 227 Summit 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: I am a neighbor and property owner at 135 N. Oklahoma Way and am concerned about the proposed Rezoning - Mahler - 227 Summit from 3 duplexes to 8 single family homes. I support reasonable development and appropriate infill, but 8 single family homes on a half -acre is completely out of character with this neighborhood. The commission should consider the quality of life in our neighborhood. This level density is not consistent with existing lot sizes and will diminish the character of our neighborhood. Thank you. Rob Wells 135 N Oklahoma Way Fayetteville, AR Masters, Jessica From: Sent: To: Subject: Follow Up Flag: Flag Status: Nick Booth <nbooth479@gmail.com> Saturday, April 10, 2021 12:10 PM Masters, Jessica Fletcher and Summit Rezoning 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. Hello Jessie, I didn't think I would be back to the planning commision so soon! I am emailing you this time in regards to the upcoming rezoning proposal on Summit/Fletcher submitted by Alex Mahler set to be heard Monday April 12th. Please pass any relevant information along to the commission if possible. I own the house across the street from these 3 current units, 225 Fletcher Ave. I am in favor of this rezoning and subsequent development, as it will be a great improvement to the area and fulfill Fayetteville's need for infill close to the city center. As someone who did major renovations on property nearby including water diversion, I can say that this property will benefit greatly if the existing structures are removed and water runoff improved. This area will support the higher density with close proximity to city resources, and new construction on similar units is ongoing throughout the area. Thanks for your consideration and help making Fayetteville great! Nick Booth nbooth479@gmail.com Masters, Jessica From: Michael Cawthon <cawthm@mac.com> Sent: Monday, April 12, 2021 10:39 AM To: Planning Shared Cc: Masters, Jessica; Canem Arkan Subject: RZN 2021-000036 (216 & 224 Fletcher and 227 Summit 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. To the City of Fayetteville Planning Commission: We are the owners of 194 and 222 Summit where we live with our two children and which we've owned beginning in 2005. We are writing in regard to the proposed rezoning of 227 Summit, 224 Fletcher, and 216 Fletcher into eight single family units. In short, we are in favor of increased housing density and affordable development, including on our street; the properties in question are directly across from us. With that said, we hope that rezoning should not be the default policy for the city and that it should invite some collaborative scrutiny. In this specific case, we are concerned about the long history of the existing properties' condition including general neglect, extensive deferred maintenance, and abandoned derelict vehicles. Given that the existing owner would also be the owner/ developer for the proposal, we would therefore condition our support on the creation of a Bill of Assurances which would detail architectural plans, including drawings, of any proposed development. With this in hand, we would not unreasonably withhold our support, and in fact would work in good faith to attempt to secure our neighbors' support as necessary. In the absence thereof, however, we would be against any rezoning exception, as we would fear the precedent of problems would be exacerbated by density. We also have some tertiary questions about the lack of sidewalks on Summit and whether increased density would occasion any incremental sidewalk infrastructure on the street. Thank you for your time, Canem Arkan and Michael Cawthon cawthm@mac.com Agenda Item 13 RZN-21-000036 Admiral East Page 13 of 16 Agenda Item 13 RZN-21-000036 Admiral East Page 15 of 16 RZN-2021-000036 Future Land Use Admiral East, LLC J > 3I, a -`SUTTON ST CRESCENT -DR- '4<�-F DOGWOOD L.N Residential 69� Neighborhood DICKSON ST w Q W > J O SPRING ST-_ w a z J MEADOW Sr —CENTER ST— Trail (Proposed) �- - - Fayetteville City Limits ' Planning Area Subject Property RSF-18 Feet 0 112.5 225 450 675 1 inch = 300 feet A,--MISSOURI WAY �P �Q O S CYLINE- pp `1 O Civic Institutional ;6 � TEXAS W AY/ O Coo LIGHTON-TRL- lllllr City Neighborhood Civic Institutional lllll� Civic and Private Open Space Industrial lllll� Natural Non -Municipal Government 900 Residential Neighborhood Rural Residential Urban Center A^'" 42, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 16 of 16 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0330 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: REAFFIRMING FAYETTEVILLE'S WELCOMING OF ALL PERSONS: A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS, RESIDENTS, AND VISITORS WHEREAS, on June 16, 2015, the Fayetteville City Council passed Ordinance No. 5781 and requested our citizens to vote to enact the Uniform Civil Rights Protection section into the Fayetteville Code; and WHEREAS, the express Purpose section of Uniform Civil Rights Protection states: "Fayetteville is a welcoming, fair, and tolerant city which endeavors to ensure that all of its citizens and visitors will be free from unfair discrimination;" and WHEREAS, the Purpose section specifically sought to extend civil rights protection "to lesbian, gay, bisexual, and transgender citizens and visitors;" and WHEREAS, on September 8, 2015, the citizens of Fayetteville voted to approve and enact the Uniform Civil Rights Protection section which stated in part: "The right of an otherwise qualified person to be free from discrimination because of sexual orientation and gender identity is the same right of every citizen to be free from discrimination because of race, religion, national origin, gender and disability as recognized and protected by the Arkansas Civil Rights Act of 1993;" and WHEREAS, although Arkansas Attorney General Leslie Rutledge sued the City of Fayetteville and after a three year litigation battle convinced the Arkansas Supreme Court to invalidate our citizen -passed Uniform Civil Rights Protection ordinance, Fayetteville's commitment to oppose discrimination against LGBT citizens, residents and visitors remains strong within our city and in the hearts of our citizens who voted to enact the ordinance; and WHEREAS, on April 3, 2018, the Fayetteville City Council passed a Resolution to Approve and Adopt the Welcoming Fayetteville Plan presented by Mayor Jordan; and WHEREAS, this Welcoming Fayetteville Plan affirmed that Fayetteville valued cultural diversity and sought to remove barriers that could impede any person from feeling welcomed and appreciated in Fayetteville; and WHEREAS, on October 20, 2020 the Fayetteville City Council enacted a Hate Crime Component for the City of Fayetteville, Arkansas Page 1 Printed on 412712021 File Number: 2021-0330 City prosecutions into the Fayetteville Code which provided protection for our LGBT citizens, residents, and visitors; and WHEREAS, on February 18, 2021, the Fayetteville City Council unanimously passed Resolution 55-21 to support the Hate Crime Act which would protect LGBT victims which was being presented to the State Legislature by the Governor and many State Legislators. 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 affirms the City of Fayetteville's commitment to diversity and inclusion for all persons especially including our transgender neighbors and visitors. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby affirms our commitment to do everything in our power to honor and protect all persons regardless of their gender identity so that everyone will feel welcome and safe in Fayetteville. City of Fayetteville, Arkansas Page 2 Printed on 412712021 Legistar ID No.: 2021- AGENDA REQUEST FORM FOR: Council Meeting of May 4, 2021 FROM: Mayor Lioneld Jordan ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS, RESIDENTS, AND VISITORS APPROVAD FOR AGENDA: /ivlayor Lionu araan - Kit Williams City Attorney D to 41;,v , t ( Date 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff FROM: Kit Williams, CityAttorney Y��_---- DATE: April 27, 2021 RE: Reaffirming Fayetteville's Welcoming of All Persons Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Some of the Arkansas Legislature's recently passed bills have appeared to limit rights of persons whose gender identity may not match the gender assigned to the person at birth. Fayetteville voters rejected discrimination against transgender citizens and visitors when they voted to enact the Uniform Civil Rights Protection section into the Fayetteville Code in 2015. The express Purpose section of the Uniform Civil Rights Protection states: "Fayetteville is a welcoming, fair, and tolerant city which endeavors to ensure that all of its citizens and visitors will be free from unfair discrimination" and specifically sought to extend civil rights protection "to lesbian, gay, bisexual, and transgender citizens and visitors." The Fayetteville City Council has further expressed the welcoming and inclusive nature of Fayetteville and our residents by actions detailed in the proposed Resolution sponsored by Mayor Jordan and me. We believe this is an appropriate opportunity for the Fayetteville City Council to reaffirm Fayetteville's commitment to being a welcoming and tolerant community for all persons and visitors. RESOLUTION NO. A RESOLUTION TO AFFIRM THE CITY OF FAYETTEVILLE'S COMMITMENT TO DIVERSITY, INCLUSION, AND PROTECTION OF OUR TRANSGENDER CITIZENS, RESIDENTS, AND VISITORS WHEREAS, on Jame 16, 2015, the Fayetteville City Council passed Ordinance No. 5781 and requested our citizens to vote to enact the Uniform Civil Rights Protection section into the Fayetteville Code; and WHEREAS, the express Purpose section of Uniform Civil Rights Protection states: "Fayetteville is a welcoming, fair, and tolerant city which endeavors to ensure that all of its citizens and visitors will be free from unfair discrimination;" and WHEREAS, the Purpose section specifically sought to extend civil rights protection "to lesbian, gay, bisexual, and transgender citizens and visitors;" and WHEREAS, on September 8, 2015, the citizens of Fayetteville voted to approve and enact the Uniform Civil Rights Protection section which stated in part: "The right of an otherwise qualified person to be free from discrimination because of sexual orientation and gender identity is the same right of every citizen to be free from discrimination because of race, religion, national origin, gender and disability as recognized and protected by the Arkansas Civil Rights Act of 1993;" and WHEREAS, although Arkansas Attorney General Leslie Rutledge sued the City of Fayetteville and after a three year litigation battle convinced the Arkansas Supreme Court to invalidate our citizen -passed Uniform Civil Rights Protection ordinance, Fayetteville's commitment to oppose discrimination against LGBT citizens, residents and visitors remains strong within our city and in the hearts of our citizens who voted to enact the ordinance; and WHEREAS, on April 3, 2018, the Fayetteville City Council passed a Resolution to Approve and Adopt the Welcoming Fayetteville PIan presented by Mayor Jordan; and WHEREAS, this Welcoming Fayetteville Plan affirmed that Fayetteville valued cultural diversity and sought to remove barriers that could impede any person from feeling welcomed and appreciated in Fayetteville; and WHEREAS, on October 20, 2020 the Fayetteville City Council enacted a Hate Crime Component for the City prosecutions into the Fayetteville Code which provided protection for our LGBT citizens, residents, and visitors; and WHEREAS, on February 18, 2021, the Fayetteville City Council unanimously passed Resolution 55-21 to support the Hate Crime Act which would protect LGBT victims which was being presented to the State Legislature by the Governor and many State Legislators. 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 affirms the City of Fayetteville's commitment to diversity and inclusion for all persons especially including our transgender neighbors and visitors. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby affirms our commitment to do everything in our power to honor and protect all persons regardless of their gender identity so that everyone will feel welcome and safe in Fayetteville. PASSED and APPROVED this 41h day of May, 2021. APPROVED: M. LIONELD JORDAN, Mayor ATTEST: KARA PAXTON, City Clerk/Treasurer 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 92-18 File Number: 2018-0190 WELCOMING FAYETTEVILLE PLAN: A RESOLUTION TO APPROVE AND ADOPT THE WELCOMING FAYETTEVILLE PLAN WHEREAS, in the Fall of 2016, Mayor Jordan was first introduced to the Welcoming City concept as a way to harness and foster the significant economic impact of new Americans in the region; and WHEREAS, beyond the economic impact, there is value in the cultural diversity that new Americans bring to our school and workplaces including better problem -solving and critical thinking skills; and WHEREAS, Mayor Jordan announced in his 2017 State of the City Address his intention to create a Welcoming Plan for the City of Fayetteville; and WHEREAS, throughout 2017, City staff met with stakeholders in various sectors and held multiple public input sessions to identify existing conditions, barriers, and areas to improve in order to present 25 recommendations for action in three categories - The Community, The Economic Impact, and The Future; and WHEREAS, adopting and implementing the Welcoming Fayetteville Plan is a natural extension of Fayetteville's values and hospitality and serves as a way to memorialize where we've been and where we are going as a diverse university City that brings cultures together. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves and adopts the Welcoming Fayetteville Plan, a copy of which is attached to this Resolution. Page 1 Printed on 414118 Resolution: 92-18 PASSED and APPROVED on 4/3/2018 Approved: Attest: Sondra E. Smith, City Clerk Treasurer a ;EliYkIICVIIII., w ref rl��r�r l t lS lri: 1�ty� ,1� Page 2 Panted on 414118 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6368 File Number: 2020-0709 AMEND §130.01 ADOPTION OF STATE CRIMINAL CODE: AN ORDINANCE TO AMEND § 130.01 ADOPTION OF STATE CRIMINAL CODE OF THE FAYE7TEVILLE CODE TO INCLUDE A HATE CRIME COMPONENT WITHIN CITY PROSECUTIONS OF CERTAIN STATE CRIMINAL MISDEMEANORS WHEREAS, the vast majority of states recognize that when certain crimes are committed to hurt or terrorize persons because of their race, religion, gender, gender identity, sexual orientation, disability or national origin, such especially reprehensible and unacceptable conduct should be properly identified and criminally punished as "hate crimes;' and WHEREAS, the Legislature has enacted A.C.A. §16-123-106, Hate offenses to authorize a civil action for intimidation, harassment, violence or vandalism directed at a victim because of racial. religious or ethnic animosity, but such victims deserve further protection; and WHEREAS, Arkansas is one of the last states in our nation which ignores the intentionally cruel and terrorizing nature of these hate crimes by failing to label them as hate crimes or to criminally punish the perpetrators for these hate crimes; and WHEREAS, the City of Fayetteville wishes to do everything legally possible to shine the light on those who commit such hate crimes; and WHEREAS, the City Council is "authorized and empowered to prohibit and punish any act, matter, or thing which the laws of this state make a misdemeanor" (A.C.A. § 14-55-501); and WHEREAS, "the penalties fixed by a city must fall within the state minimums and maximums." Ford r. City of Hot Springs, 294 Ark. 435, 743 S.W. 2d 394, 395 (1988); and Page 1 Printed on 10/21/20 Ordinance: 6368 File Number. 2020-0709 WHEREAS; a city ordinance based upon a state law making an act a misdemeanor must have the exact same punishment provision as that state criminal law and may neither exceed nor allow "less severe penalties... than are prescribed for similar offenses against the state laws' (A.C.A. § 14-55-502 State law to be followed); and WHEREAS, when a criminal commits acts in such manner as to be guilty of a state misdemeanor and commits such criminal conduct with the intention to hurt or terrorize the victim or others because of their race, religion, gender, gender identity, national origin, sexual orientation, or disability, the City Prosecutor should be able to present evidence of such hate crime intention to the Court and jury. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Article § 130.01 Adoption of State Criminal Code by repealing it in its entirety and enacting a replacement Article I §130.01 as follows: "130.01 Adoption by Reference of Appropriate State Criminal Misdemeanor Statutes as Violations of the Fayetteville Code with the Authorization for the Fayetteville City Prosecutor to also Prove a Hate Crime Element for such Violation. ' (A) This section shall be called the "Hate Cringe Recognition as Deterrence Code." (B) The City of Fayetteville hereby adopts by reference the Arkansas State Criminal Code for the following misdemeanors found within that Code and determines that any person who would be guilty of a misdemeanor pursuant to one of the below listed crimes and also commits such criminal conduct with the intention or purpose to hurt, intimidate or terrorize the victim or others because of their actual or perceived race, religion, gender, gender identity, national origin, sexual orientation or disability would be guilty of violating this Hate Crime Recognition as Deterrence Code and subject to the exact penalties prescribed for these misdemeanors pursuant to State Law. (I) Battery in the Third Degree, A.C.A. §5-13-203 (2) Assault in the Second Degree, A.C.A. §5-13-206 (3) Assault in the Third Degree, A.C.A. §5-13-207 (4) Coercion, A.C.A.§5-13-208 (5) Terroristic Threatening, A.C.A. §5-13-301 (6) Arson, A.C.A. §5-38-301 (7) Criminal Mischief in First Degree, A.C.A. §5-38-203 Page 2 Printed on 10/21/20 Ordinance: 6368 File Number. 2020-0709 (8) Criminal Mischief in Second Degree, A.C.A. §5-38-204 (9) Filing False report with law enforcement agency, A.C.A. §5-54-122 (10) Disorderly Conduct, A.C.A. §5-71-207 (11) Harassment, A.C.A. §5-71-208 (12) Harassing Communication, A.C.A. §5-71-209 (13) Communication a False Alarm, A.C.A. §5-71-210 (14) Threatening a fire or bombing, A.C.A. §5-71-211 (15) Cyberbullying, A.C.A. §5-71-217 (16) Stalking in the Third Degree, A.C.A. §5-71-229(c) This adoption by reference of the above listed sections of the Arkansas Criminal Code shall also include any and all future amendments to those identified sections relating to misdemeanors and punishments therefor. (C)The City Prosecutor shall report annually during the first City Council meeting in May of the number of suspects that the City Prosecutor's Officer has prosecuted under this Hate Crimes Recognition as Deterrence Code and the number of guilty verdicts; guilty or no contest pleas obtained for the previous annual period ending March 31. (D)Severability. If any word, phrase, clause, sentence, item, paragraph, section, or title of this ordinance or of the Hale Crimes Recognition as Deterrence Code is declared or adjudged to be illegal, invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance or Code which shall remain in full force and effect as if the portion so declared or adjudged illegal, invalid or unconstitutional was not originally a part of the ordinances or Cade. PASSED and APPROVED on 10/20/2020 Attest: ��tttitrt►►►► .�''� LERfC � "►� -k �. ' -.A h�E Kara Paxton, City Clerk Treasurer ; Ev1t4E ; ;= r"►►" `nN CQVta�``►`� Page J Printed on 10/21/20 6F vAlitrr�L v M c �'KAfi5�4 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 55-21 File Number: 2021-0140 SUPPORT HATE CRIMES ENACTMENT: A RESOLUTION TO SUPPORT THE ENACTMENT OF SENTENCE ENHANCEMENT FOR HATE CRIMES AS SET OUT IN SENATE BILL 3 AND HOUSE BILL 1020 TO BETTER PROTECT A VICTIM WHO WAS PURPOSELY SELECTED FOR CRIMINAL HARM BECAUSE OF RACE, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY, OR OTHER PERSONAL ATTRIBUTE WHEREAS, in Arkansas, as well as most every other state in these United States, sometimes a criminal selects a victim for harm or oppression because of that person's race, religion, ethnicity, national origin, sexual orientation, gender identity, age, disability, sex or other personal attribute; and WHEREAS, if the prosecutor can prove beyond a reasonable doubt that such hatred motivated the crime, enhanced punishment is appropriate; and WHEREAS, during the 2021 Regular Session of the 93rd General Assembly of Arkansas two bills - Senate Bill 3 introduced by Senator Jim Hendren, and 1-louse Bill 1020 introduced by Representative Frederick Love would create a methodology for the enhancement of a sentence of imprisonment, the amount of a fine, and the length of period of probation, if specified attribute is shown to have led to a person's victimization by the criminal; and WHEREAS, the attributes proposed include past or current service in the armed forces of the United States, race, color, religion, ethnicity, ancestry, national origin, homelessness, gender identity, sex, sexual orientation, or disability; and WHEREAS, a criminal harming and victimize someone because of their personal attribute sends a horrible statement that such a victim should not be treated the same as every other human being; and Page 1 Printed an 2119121 Resolution: 55-21 File Number.• 2021-0140 WHEREAS, victimizing a person because their race, sex, religion or any other characteristic is totally and completely contrary to the individual protections and rights contained in the Constitution of the State of Arkansas and the Constitution of the United States, and to ideals of the Declaration of Independence. as well as our Pledge of Allegiance: "with liberty and justice for all;" and WHEREAS, the City Council of the City of Fayetteville, Arkansas, joins wholeheartedly with the Board of Directors of our Capitol City in support of these I -late Crimes bills so that Arkansas can join with almost every other state of these United State to provide added protection for those most often victimized by hateful criminals. 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 wholeheartedly joins with Little Rock to endorse and recommend approval of Arkansas [-late Crimes legislation as set forth in Senate Bill 3 and House Bill 1020 of the 2021 Regular Session of the 93rd Arkansas General Assembly. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby expresses their respect and appreciation to Senator Jirn Hendren ofGravette, Arkansas, and Representative Frederick J. Love of Mablevale, Arkansas, as the initial sponsors, and Representatives Fred Allen, Denise Jones Ennett, Tippi McCullough, and Joy Springer, and Senators Linda Chesterfield and Joyce Elliot of Little Rock, Arkansas, Representative Jamie Scott of North Little Rock, Arkansas, Representative Monte Flodges of Blytheville, Arkansas, Representative Nicole Clowney and Representative David Whitaker of Fayetteville, Arkansas, Representative Jay Richardson of Fort Smith, Arkansas, Representative Jay Wardlaw of Hermitage, Arkansas, Senator David Wallace of Leachville, Arkansas, Representative David Fielding of Magnolia, Arkansas, Representative Reginald Murdock of Mariana, Arkansas, Representative Milton Nicks, Jr., of Marion, Arkansas, Representatives Kenneth Ferguson and Vivian Flowers of Pine Bluff, Arkansas, and Representative Joe Jett of Success, Arkansas, for their filing or co-sponsorship of Senate Bill 3 and Flouse Bill 1020. PASSED and APPROVED on 2/18/2021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0147 Agenda Date: 5/4/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Presentation Agenda Number: D.1 AGENDA SESSION PRESENTATION - SALES TAX REPORT BY PAUL BECKER ENERGY REPORT BY PETER NIERENGARTEN City of Fayetteville, Arkansas Page 1 Printed on 412712021