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HomeMy WebLinkAbout2021-07-20 - 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 July 20, 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 July 20, 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 July 6, 2021 City Council meeting minutes. APPROVED 2. 2021-0493 Olsson Associates, Inc. Amendment #2 - 2019 Transportation Bond Project: A resolution to approve Amendment No. 2 to the Professional Engineering Services Agreement with Olsson, Inc. in the amount of $115,164.00 for the design of the Midtown Corridor Project, and to approve a budget adjustment - 2019 Transportation Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 188-21 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 3. 2021-0497 Burns & McDonnell Engineering Company, Inc. - 2019 Street Improvement Bond Project: A resolution to authorize a Professional Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc., pursuant to RFQ #21-01 Selection #11, for the design of the Millsap Street and College Avenue project in the amount of $300,000.00, to authorize the Mayor to acquire the necessary easements and right-of-way for the project, and to approve a budget adjustment - 2019 Street Improvement Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 189-21 4. 2021-0508 YRCC Land Purchase: A resolution to approve a Land Sale Agreement between the City of Fayetteville and the heirs of Bobby York for the city to purchase about 0.3 acres of land located on Mountain Street near the Yvonne Richardson Community Center for the amount of $75,000.00 plus closing costs, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 190-21 B. Unfinished Business: 1. 2021-0424 Appeal RZN 2020-028 (East of W. Michael Cole Dr & W. Wedington Dr./Kidder): An ordinance to rezone that property described in rezoning petition RZN 21-028 for approximately 5.1 acres located on West Wedington Drive East of Michael Cole Drive from R-A, Residential Agricultural to RI-U, Residential Intermediate -Urban and NS-L, Neighborhood Services - Limited. At the June 1 Sth, 2021 City Council meeting this item was left on the First Reading. At the July 6, 2021 City Council meeting this item was left on the Second Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6457 C. New Business: 1. 2021-0531 Sign -On Awards Package For New Law Enforcement Officers: A resolution to approve a hiring incentive program for new law enforcement officers, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 191-21 2. 2021-0502 Whiting Systems, Inc.: An ordinance to waive competitive bidding and approve the purchase of car wash chemicals from the supplier Whiting Systems, Inc. in various quantities through March 16, 2024. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6458 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 3. 2021-0504 Amend §157.03 Annexation and Zoning Map Amendments: An ordinance to amend § 157.03 Annexation and Zoning Map Amendments to require public notification of Planning Commission denials of rezoning requests if appealed to the City Council. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6459 4. 2021-0466 Amend Chapter 173 Building Regulations: An ordinance to amend Chapter 173 Building Regulations of the Fayetteville Unified Development Code to align the city's building regulations with building codes adopted by the State of Arkansas; to authorize prosecution of violations of § 173.08 Unsafe Buildings and Property Nuisances; and to adopt the International Property Maintenance Code. THIS ITEM WAS LEFT ON A FIRST READING 5. 2021-0507 ADM-2021-052: (325 N. West Avenue, City of Fayetteville Parking Deck): A resolution pursuant to § 166.04(B)(3) of the Fayetteville Unified Development Code to approve the request to not dedicate additional right of way along West Avenue for the Parking Deck Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 192-21 Announcements: City Council Agenda Session Presentations: None Adjournment: 7:32 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting: July 20, 2021 Adjourn: 188-21 Res. r7 PAA 1645 7 Ord. Subject: Roll Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (Wipi) Jones (W1P2) Kinion (W2P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W1P2) Kinion (W2P1) Mayor Jordan City Council Meeting: July 20, 2021 Subject: Consent Motion To: / Motion By: r Seconded: Petty A. 1 - A. 4 W2 P2 �' I ✓ Scroggin a 1'�6� (W3P1) Bunch / 2) Turk (W4P1) V Hertzberg J (W4P2) ✓ Gutierrez (W1P1) Jones (W1P2) Kinion / (W2P1) Mayor Jordan �--- rf _.O Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Mayor Jordan City Council Meeting: July 20, 2021 Subject: APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. �1�GE,"' ��C C WEDINGTON DR./KIDDER): 2021-0424 Motion To: � �le, A cave . Motion B Seconded: Q4 � :. y Pi Unfinished Petty (W2P2) V Scroggin / Business (W3P1) r/ Bunch (W3P2) / B.1 Turk (W4P1) J 00 Hertzberg^� (W4P2) C/ Gutierrez (W1 P1) Jones (W 1 P2) Yl WP(2I) WP1 / ✓ ✓ � Mayor Jordan `----- Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2Pl) Mayor Jordan City Council Meeting: July 20, 2021 SIGN -ON AWARDS PACKAGE FOR NEW LAW ENFORCEMENT Subject: OFFICERS: 2021-0531 Motion To: Motion By: Seconded: Petty New (W2P2) Scroggin Business (W3P1) Bunch CA (W3P2) ✓ Turk (W4P1) J Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Mayor Jordan City Council Meeting: July 20, 2021 Subject: WHITING SYSTEMS, INC.: 2021-0502 Motion To: j�r�' j � I G� oo Motion By: Seconded: LA SK1 New Petty (W2P2) Business Scroggin (W3P1) Bunch (W3P2) � C.2 Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) v Jones (W 1 P2) Kinion (W2P1) Mayor Jordan -r— Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Mayor Jordan City Council Meeting: July 20, 2021 Subject: AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS: 2021- ou-fie 0504 -(�A a dti Motion To:'xi �j r } tvi Motion By: 1 -�� 1 Seconded: r ' Petty � New (W2P2) iJ� V V Scroggin (W3P1) Business Bunch / ✓ ✓ C.3 (W3P2) Turk / J (W4P1) Hertzberg (W4P2) V/ Gutierrez 1 P1) (W V Jones (W 1 P2) WP) WP(2I j ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Mayor Jordan City Council Meeting: July 20, 2021 Subject: AMEND CHAPTER 173 BUILDING REGULATIONS: 2021-0466 Motion To: Motion By: Seconded: New Petty (W2P2) Business CA 0 Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) F�{ Gutierrez (W1P1) C Jones (W 1 P2) Kinion (W2P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W 1P1) Jones (WIP2) Kinion (W2P1) Mayor Jordan City Council Meeting: July 20, 2021 Subject: ADM-2021-052: (325 N. WEST AVENUE, CITY OF FAYETTEVILLE PARKING DECK): 2021-0507 Motion To: i U -e Motion By: fi -Pf - Seconded: Petty New (W2P2) Scroggin Business (W3P1) Bunch C.5 (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion / (W2P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Mayor Jordan City Council Meeting: July 20, 2021 Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Mayor Jordan City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, July 13, 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 July 13, 2021 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions Ci Council Meeting Presentations, Reports and Discussion Items: 2021-0530 2020 COMPREHENSIVE ANNUAL FINANCIAL REPORT - PAUL BECKER Proposed Agenda Additions 2021-0531 SIGN -ON AWARDS PACKAGE FOR NEW LAW ENFORCEMENT OFFICERS: A RESOLUTION TO APPROVE A HIRING INCENTIVE PROGRAM FOR NEW LAW ENFORCEMENT OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT A. onsent: A 2020-0880 APPROVAL OF THE JULY 6, 2021 CITY COUNCIL MEETING MINUTES 2 2021-0493 OLSSON ASSOCIATES, INC. AMENDMENT #2 - 2019 TRANSPORTATION BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $115,164.00 FOR THE DESIGN OF THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT City of Fayetteville, Arkansas Page 2 Printed on 711312021 City Council Agenda Session Tentative Agenda July 13, 2021 A 2021-0497 BURNS & MCDONNELL ENGINEERING COMPANY, INC. - 2019 STREET IMPROVEMENT BOND PROJECT: A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., PURSUANT TO RFQ 421-01 SELECTION #1 1, FOR THE DESIGN OF THE MILLSAP STREET AND COLLEGE AVENUE PROJECT IN THE AMOUNT OF $300,000.00, TO AUTHORIZE THE MAYOR TO ACQUIRE THE NECESSARY EASEMENTS AND RIGHT-OF-WAY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND PROJECT B. nfinished Business: .1 2021-0424 APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED At the June 15th, 2021 City Council meeting this item was left on the First Reading. At the Jyu .e-1 tt , 2021 City Council meeting this item was left on the Second Reading. C. ew Business: .1 2021-0502 WHITING SYSTEMS, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE PURCHASE OF CAR WASH CHEMICALS FROM THE SUPPLIER WHITING SYSTEMS, INC. IN VARIOUS QUANTITIES THROUGH MARCH 16, 2024 City of Fayetteville, Arkansas Page 3 Printed on 711312021 City Pouncil Agenda Session C. 2021-0508 YRCC LAND PURCHASE: Tentative Agenda July 13, 2021 A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE HEIRS OF BOBBY YORK FOR THE CITY TO PURCHASE ABOUT 0.3 ACRES OF LAND LOCATED ON MOUNTAIN STREET NEAR THE YVONNE RICHARDSON COMMUNITY CENTER FOR THE AMOUNT OF $75,000.00 PLUS CLOSING COSTS, AND TO APPROVE A BUDGET ADJUSTMENT 1�• 2021-0504 AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS: AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP AMENDMENTS TO REQUIRE PUBLIC NOTIFICATION OF PLANNING COMMISSION DENIALS OF REZONING REQUESTS IF APPEALED TO THE CITY COUNCIL 4 2021-0466 AMEND CHAPTER 173 BUILDING REGULATIONS: AN ORDINANCE TO AMEND CHAPTER 173 BUILDING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S BUILDING REGULATIONS WITH BUILDING CODES ADOPTED BY THE STATE OF ARKANSAS; TO AUTHORIZE PROSECUTION OF VIOLATIONS OF § 173.08 UNSAFE BUILDINGS AND PROPERTY NUISANCES; AND TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE 5 2021-0507 ADM-2021-052: (325 N. WEST AVENUE,CITY OF FAYETTEVILLE PARKING DECK): A RESOLUTION PURSUANT TO § 166.04(B)(3) OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO APPROVE THE REQUEST TO NOT DEDICATE ADDITIONAL RIGHT OF WAY ALONG WEST AVENUE FOR THE PARKING DECK PROJECT City of Fayetteville, Arkansas Page 4 Printed on 711312021 City Council Agenda Session Tentative Agenda July 13, 2021 D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 5 Printed on 7/13/2021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, July 13, 2021 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scrog in 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 July 13, 2021 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: /. 2021-0530 f td,4 to Aq a snc--- 1';lt''COMPREHENSIVE ANNUAL FINANCIAL REPORT - PAUL BECKER Proposed Agenda Additions A. Consent: A.1 2020-0880 APPROVAL OF THE JULY 6, 2021 CITY COUNCIL MEETING MINUTES fA.2 2021-0493 OLSSON ASSOCIATES, INC. AMENDMENT #2 - 2019 TRANSPORTATION BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $115,164.00 FOR THE DESIGN OF THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT Matt Casey City of Fayetteville, Arkansas Page 2 Printed on 7/7/2021 City Council Agenda Session Tentative Agenda July 13, 2021 /A-3 2021-0497 BURNS & MCDONNELL ENGINEERING COMPANY, INC. - 2019 STREET IMPROVEMENT BOND PROJECT: A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., PURSUANT TO RFQ #21-01 SELECTION #11, FOR THE DESIGN OF THE MILLSAP STREET AND COLLEGE AVENUE PROJECT IN THE AMOUNT OF $300,000.00, TO AUTHORIZE THE MAYOR TO ACQUIRE THE NECESSARY EASEMENTS AND RIGHT-OF-WAY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND PROJECT Matt Casey 4 2021-0075 V( e rtolt� ( t WOOLSEY FARM -NORTHWEST ARKANSAS LAND TRUST: A RESOLUTION TO APPROVE A 3 YEAR LEASE AGREEMENT WITH THE NORTHWEST ARKANSAS LAND TRUST FOR APPROXIMATELY 4.3 ACRES OF PROPERTY LOCATED EAST OF BROYLES ROAD TO DEVELOP AND MANAGE THE WOOLSEY WORKING FARM Peter Neirengarten B. Unfinished Business: YBA 2021-0424 APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED Jonathan Curth At the June 15th, 2021 City Council meeting this item was left on the First Reading. City of Fayetteville, Arkansas Page 3 Printed on 71712021 City Council Agenda Session Tentative Agenda July 13, 2021 C. New Business: "./C.1 2021-0502 WHITING SYSTEMS, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE PURCHASE OF CAR WASH CHEMICALS FROM THE SUPPLIER WHITING SYSTEMS, INC. IN VARIOUS QUANTITIES THROUGH MARCH 16, 2024 Sara Glenn ✓C.2 2021-0508 YRCC LAND PURCHASE: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE HEIRS OF BOBBY YORK FOR THE CITY TO PURCHASE ABOUT 0.3 ACRES OF LAND LOCATED ON MOUNTAIN STREET NEAR THE YVONNE RICHARDSON COMMUNITY CENTER FOR THE AMOUNT OF $75,000.00 PLUS CLOSING COSTS, AND TO APPROVE A BUDGET ADJUSTMENT -Cenak Fdmonsit . L- - Cs C.3 2021-0504 AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS: AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP AMENDMENTS TO REQUIRE PUBLIC NOTIFICATION OF PLANNING COMMISSION DENIALS OF REZONING REQUESTS IF APPEALED TO THE CITY COUNCIL Council Member Scroggin City of Fayetteville, Arkansas Page 4 Printed on 7/7/2021 City Council Agenda Session Tentative Agenda July 13, 2021 �C.4 2021-0466 AMEND CHAPTER 173 BUILDING REGULATIONS: AN ORDINANCE TO AMEND CHAPTER 173 BUILDING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S BUILDING REGULATIONS WITH BUILDING CODES ADOPTED BY THE STATE OF ARKANSAS; TO AUTHORIZE PROSECUTION OF VIOLATIONS OF § 173.08 UNSAFE BUILDINGS AND PROPERTY NUISANCES; AND TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE Jonathan Curth 1C.5 2021-0507 ADM-2021-052: (325 N. WEST AVENUE,CITY OF FAYETTEVILLE PARKING DECK): A RESOLUTION PURSUANT TO § 166.04(B)(3) OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO APPROVE THE REQUEST TO NOT DEDICATE ADDITIONAL RIGHT OF WAY ALONG WEST AVENUE FOR THE PARKING DECK PROJECT Jonathan Curth D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 5 Printed on 7/7/2021 J. '. , Ll�� DEPARTMENTAL CORRESPONDENCE II OFFICE OF THE - CITY ATTORNEY Kit Williams City Attorney TO: Mayor Jordan - Blake Pennington Assinaat City Attorney THRU: Kara Paxton, City Clerk Jodi Batker Paralegal FROM: Kit Williams, City Attorney DATE: July 21, 2021 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of July 20, 2021 1. A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $115,164.00 FOR THE DESIGN OF THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT 2. A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., PURSUANT TO RFQ #21-01 SELECTION #1 % FOR THE DESIGN OF THE MILLSAP STREET AND COLLEGE AVENUE PROJECT IN THE AMOUNT OF $300,000.00, TO AUTHORIZE THE MAYOR TO ACQUIRE THE NECESSARY EASEMENTS AND RIGHT-OF-WAY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND PROJECT 3. A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE HEIRS OF BOBBY YORK FOR THE CITY TO PURCHASE ABOUT 0.3 ACRES OF LAND LOCATED ON MOUNTAIN STREET NEAR THE YVONNE RICHARDSON COMMUNITY CENTER FOR THE AMOUNT OF $75,000.00 PLUS CLOSING COSTS, AND TO APPROVE A BUDGET ADJUSTMENT 4. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE - URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED SUBJECT TO A BILL OF ASSURANCE (The Bill of Assurance should be attached and filed with the ordinance.) 5. A RESOLUTION TO APPROVE A HIRING INCENTIVE PROGRAM FOR NEW LAW ENFORCEMENT OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT 6. AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE PURCHASE OF CAR WASH CHEMICALS FROM THE SUPPLIER WHITING SYSTEMS, INC. IN VARIOUS QUANTITIES THROUGH MARCH 16, 2024 7. AN ORDINANCE TO AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS TO REQUIRE PUBLIC NOTIFICATION OF PLANNING COMMISSION DENIALS OF REZONING REQUESTS IF APPEALED TO THE CITY COUNCIL 8. A RESOLUTION PURSUANT TO § 166.04(B)(3) OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO APPROVE THE REQUEST TO NOT DEDICATE ADDITIONAL RIGHT OF WAY ALONG WEST AVENUE FOR THE PARKING DECK PROJECT City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, July 20, 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 July 20, 2021 Zoom Information: Webinar ID: 932 6249 9624 Public Registration link: https://zoom.us/webinar/register/WN—YOVtpzXUSwCj7O8cljOYKg Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1 2021-0530 2020 COMPREHENSIVE ANNUAL FINANCIAL REPORT - PAUL BECKER Proposed Agenda Additions A. Consent A.1 2020-0880 APPROVAL OF THE JULY 6, 2021 CITY COUNCIL MEETING MINUTES A.2 2021-0493 OLSSON ASSOCIATES, INC. AMENDMENT #2 - 2019 TRANSPORTATION BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $115,164.00 FOR THE DESIGN OF THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT City of Fayetteville, Arkansas Page 2 Printed on 711612021 City Council Meeting Final Agenda July 20, 2021 A.3 2021-0497 BURNS & MCDONNELL ENGINEERING COMPANY, INC. - 2019 STREET IMPROVEMENT BOND PROJECT: A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., PURSUANT TO RFQ #21-01 SELECTION #11, FOR THE DESIGN OF THE MILLSAP STREET AND COLLEGE AVENUE PROJECT IN THE AMOUNT OF $300,000.00, TO AUTHORIZE THE MAYOR TO ACQUIRE THE NECESSARY EASEMENTS AND RIGHT-OF-WAY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND PROJECT A.4 2021-0508 YRCC LAND PURCHASE: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE HEIRS OF BOBBY YORK FOR THE CITY TO PURCHASE ABOUT 0.3 ACRES OF LAND LOCATED ON MOUNTAIN STREET NEAR THE YVONNE RICHARDSON COMMUNITY CENTER FOR THE AMOUNT OF $75,000.00 PLUS CLOSING COSTS, AND TO APPROVE A BUDGET ADJUSTMENT B. Unfinished Business BA 2021-0424 APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED At the June 15th, 2021 City Council meeting this item was left on the First Reading. At the July 6, 2021 City Council meeting this item was left on the Second Reading. C. New Business City of Fayetteville, Arkansas Page 3 Printed on 711612021 City Council Meeting Final Agenda July 20, 2021 CA C.2 C.3 CA 2021-0531 SIGN -ON AWARDS PACKAGE FOR NEW LAW ENFORCEMENT OFFICERS: A RESOLUTION TO APPROVE A HIRING INCENTIVE PROGRAM FOR NEW LAW ENFORCEMENT OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT 2021-0502 WHITING SYSTEMS, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE PURCHASE OF CAR WASH CHEMICALS FROM THE SUPPLIER WHITING SYSTEMS, INC. IN VARIOUS QUANTITIES THROUGH MARCH 16, 2024 2021-0504 AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS: AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP AMENDMENTS TO REQUIRE PUBLIC NOTIFICATION OF PLANNING COMMISSION DENIALS OF REZONING REQUESTS IF APPEALED TO THE CITY COUNCIL 2021-0466 AMEND CHAPTER 173 BUILDING REGULATIONS: AN ORDINANCE TO AMEND CHAPTER 173 BUILDING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S BUILDING REGULATIONS WITH BUILDING CODES ADOPTED BY THE STATE OF ARKANSAS; TO AUTHORIZE PROSECUTION OF VIOLATIONS OF § 173.08 UNSAFE BUILDINGS AND PROPERTY NUISANCES; AND TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE City of Fayetteville, Arkansas Page 4 Printed on 711612021 City Council Meeting Final Agenda July 20, 2021 C.5 2021-0507 ADM-2021-052: (325 N. WEST AVENUE,CITY OF FAYETTEVILLE PARKING DECK): A RESOLUTION PURSUANT TO § 166.04(B)(3) OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO APPROVE THE REQUEST TO NOT DEDICATE ADDITIONAL RIGHT OF WAY ALONG WEST AVENUE FOR THE PARKING DECK PROJECT D. City Council Agenda Session Presentations E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 5 Printed on 711612021 City Council Meeting Final Agenda July 20, 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 6 Printed on 711612021 City Council Meeting Final Agenda July 20, 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 7 Printed on 711612021 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 July 6, 2021 City Council Meeting Minutes July 6, 2021 Page 1 of 16 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 July 6, 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. Mayor Lioneld Jordan, Council Members Sonia Gutierrez, D'Andre Jones, Mark Kinion, Matthew Petty, Sarah Bunch, Teresa Turk, Holly Hertzberg, Assistant City Attorney Blake Pennington, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Chief of Police Mike Reynolds, 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. Absent: Council Member Sloan Scroggin. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Proclamation Presentation by Mayor Jordan to Dr. Jeffrey Allen Murdock Mayor Jordan presented a proclamation to Dr. Jeffrey Allen Murdock. He stated Dr. Murdock is a Professor of Music Education and Choral Activities at the University of Arkansas. He stated he received the 2021 Grammy Music Educator Award. Mayor Jordan read the proclamation. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 2 of 16 Citv Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. He stated sales tax was up 40% for the month and so far, sales tax is up 19% over the budget. He stated that's roughly $2.3 million. He stated we added $2.5 million dollars on the expenditure side for salary increases. He stated this puts the city in good position going forward moving into the year. He spoke about the power of internet sales. He stated we are looking very good at mid -year. He stated it looks like the economy is doing good at this point in time. Agenda Additions: None Consent: Approval of the June 15, 2021 City Council meeting minutes. APPROVED Bid #21-39 Mayer Electric Supply, Inc.: A resolution to award Bid # 21-39 and authorize the purchase of harmonic filters and variable frequency drives from Mayer Electric Supply Company, Inc. d/b/a Upchurch Electrical Supply in the amount of $48,985.88 plus applicable taxes and freight charges. Resolution 177-21 as recorded in the office of the City Clerk AIT Services, Inc.: A resolution to authorize the purchase of a carbon steel ribbon blender from AIT Services, Inc. for $19,625.00 plus any applicable tax and freight charges for the thermal drying unit at the Biosolids Management Site, and to approve a project contingency in the amount of $3,925.00. Resolution 178-21 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the Engineering Services Agreement with McClelland Consulting Engineers, Inc. in the amount of $261,000.00 for easement acquisition support for the West Water Transmission Line Project, and to approve a budget adjustment. Resolution 179-21 as recorded in the office of the City Clerk 2021 Community Development Block Grant (CDBG) Agreement: A resolution to approve the Five Year Consolidated 2021 Community Development Block Grant (CDBG) Action Plan, to authorize Mayor Jordan to execute the CDBG Agreement for 2021 in the amount of $748,785.00 when received, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 3 of 16 Resolution 180-21 as recorded in the office of the City Clerk MHC Kenworth: A resolution to authorize the purchase of a Kenworth T880 Tri-Axle Heavy Haul Truck Tractor from MHC Kenworth for the amount of $147,220.25, plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract for use by the Transportation Division. Resolution 181-21 as recorded in the office of the City Clerk Riggs Tractor Company: A resolution to authorize the purchase of a Caterpillar Skid Steer from Riggs Tractor Company in the amount of $83,344.92 plus any applicable tax and freight charges, pursuant to a Sourcewell cooperative purchasing contract, for use by Fleet Operations. Resolution 182-21 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc. Amendment No. 2 — 2019 Street Improvements Bond Project: A resolution to approve Amendment No. 2 to the contract with McClelland Consulting Engineers, Inc. in the amount of $70,090.00 to provide additional services associated with the West Center Street and North Harmon Avenue Intersection Project - 2019 Street Improvements Bond Project. Resolution 183-21 as recorded in the office of the City Clerk Environmental Products Group: A resolution to authorize the purchase of a street sweeper from Environmental Products Group in the amount of $238,768.31, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment. Resolution 184-21 as recorded in the office of the City Clerk Community Access Television dba Your Media: A resolution to approve a budget adjustment in the amount of $10,000.00 recognizing contract production revenue from Community Access Television d/b/a Your Media and to increase related promotional activities budget. Resolution 185-21 as recorded in the office of the City Clerk Federal Aviation Administration (FAA) Grant: A resolution to authorize the application for a Federal Aviation Administration grant in the amount of $6,635,840.00 to fund the design and construction of the Runway Pavement and Lighting Rehabilitation Project at Drake Field Airport. Resolution 186-21 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 4 of 16 Unfinished Business: Appeal RZN 2020-028 (East of W. Michael Cole Dr & W. Wedington Dr./Kidder): An ordinance to rezone that property described in rezoning petition RZN 21-028 for approximately 5.1 acres located on West Wedington Drive east of Michael Cole Drive from R-A, Residential Agricultural to RI-U, Residential Intermediate -Urban and NS-L, Neighborhood Services -Limited. At the June 15, 2021 City Council meeting this item was left on the First Reading. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director stated he did not have any new updates on the item. Robert Rhoads, Hall Estill Law Firm stated he was representing the applicant. He gave a brief description of the history of the project. He stated the project originally was for RMF-18. He stated after hearing the comments of staff who originally didn't support it and the Planning Commission, it now brings before you, RI-U and Neighborhood Services, which now the staff fully supports and also supported before the second go around, before the Planning Commission. He stated which again, the Planning Commission after suggesting these changes, nonetheless narrowly failed to send this to the Council with a thumbs up. He spoke about the many reasons why the staff and some members of the Planning Commission support what is before Council. He stated from a compatibility standpoint, this rezoning request fits what is going on in the area, which is where Council has already approved duplexes to the West and 12 units per acre to the Northeast. He spoke about the developer offering a Bill of Assurance by the next meeting. He spoke about having the item at three separate meetings to allow the public to be informed. He spoke about parking and traffic concerns. He requested for the ordinance to be held on the Second Reading and to pass it in two weeks at the next City Council meeting. The City Council received one public comment regarding this ordinance. Council Member Turk: I would like to leave it here to give the applicant the opportunity to bring forward a Bill of Assurance and hear from neighbors who are in support or against this. Council Member Hertzberg: I'd be okay with leaving this on the Second Reading. I don't believe I will be supporting this. I've personally spoken to three of the residents, all of whom have concerns with this. I received two pieces of public comment with concerns of leap frogging and current run- off issues to the south, which would be an increase with this development. There are concerns with increase in cars turning on Wedington without a light, Neighborhood Services is only blocks away that is mostly vacant and paving increase run-off. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 5 of 16 Council Member Kinion stated he wanted to leave it on the Second Reading to see the Bill of Assurance. Council Member Bunch: What is the zoning at the end? Is it Neighborhood Services and is that Bill of Assurance going to cover that as well? Robert Rhoads: Yes. One will deal with the Neighborhood Services and that commercial will be built there. It won't be just pure residential on that tract. In regard to the other tract, we will commit to building townhomes. This ordinance was left on the Second Reading. New Business: City Board of Health: A resolution to review the continuation or repurposing of the City Board of Health now that the Governor's Decree of a Pandemic Emergency has lapsed. Mayor Jordan: Council Member Petty and I sponsored this last summer. It was passed on June 24, 2020. This resolution was to be reviewed within four weeks at the end of any relevant State of Emergency, to determine whether the City Board of Health should be dissolved and reconstituted. I certainly think we need to continue the City Board of Health. I would hope that the Council would not put a time limit on it. Council Member Petty: I would be happy to vote for the resolution. Council Member Jones: I sent an amendment to the City Attorney's office today. I would like to amend the resolution to recognize the Council's unanimous declaration that racism is a public health crisis. I would like to direct the Board of Health to take up equity issues in public health and other public health issues in their professional capacity as they see fit. On August 18, 2020 the City Council voted unanimously to recognize racism as a public health crisis. We tasked the City Board of Health and the City Health Officer to identify health disparities and ways to positively affect health outcomes and the adoption of large scale solutions to this public health crisis. Evidence based health information should be clearly communicated to the public to combat this constant assault on healthcare access for transgender, Washington County women and Americans who qualify for public assistance. Assistant City Attorney Blake Pennington: Council Member Jones forwarded this to me a few minutes ago. I've got the text. If it's adopted as an amendment, we can insert that in the resolution before you sign it. Council Member Turk: Is your amendment to just only focus with COVID-19 or is it broader than that? Council Member Jones: It's broader than that and is based on any population that has historically dealt with health disparities. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 6 of 16 Council Member Petty stated adopting a broader mission was something that was discussed with the members before the board was pulled together, whenever the emergency declarations ended. He stated this is really timely and thanked Council Member Jones. Mayor Jordan stated he took something similar to this to the Board of Health for discussion several months ago. I don't have any issue with the amendment. Council Member Kinion: I support this. I want to commend Council Member Jones. It's very comprehensive and it does include a broad number of elements of our society that may have disparities in health care. I was pleased that it was very inclusive. Council Member Jones: Last year the Board of Health partnered with the Black Action Collective. They hosted a series of health clinics at the local barber shop. Over 35 Latino and African American men were screened. Council Member Gutierrez: Thank you Council Member Jones for bringing this. I definitely support it. I like the broadening so once we transition to do a little less about COVID, although there's still a lot of health issues we need to deal with COVID, but probably it's weaning now. It gives us some other missions to work on that absolutely need work. Council Member Jones moved to amend the resolution as described. Council Member Petty seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Council Member Turk stated the resurgence we are seeing right now in Arkansas needs to be addressed. She stated we need to continue this Board of Health. She thanked Council Member Petty and Council Member Jones for their work on the resolution. She stated the Board of Health has served us very well, will continue to address some of these serious issues and to address the underprivileged inequities in healthcare. Mayor Jordan: We are not setting a time now? Assistant City Attorney Blake Pennington: Correct. Council Member Petty moved to approve the resolution. Council Member Hertzberg seconded the motion. Upon roll call the resolution passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Resolution 187-21 as recorded in the office of the City Clerk RZN-2021-044 (716 S. College Ave./Clayton-Niederman): An ordinance to rezone that property described in rezoning petition RZN 21-044 located at 716 South College Avenue for 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 7 of 16 approximately 0.30 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated when looking at the request in terms of City Plan 2040, staff feels this is very complimentary to many of the goals the City has adopted. He stated this site has access to a lot of amenities in the area. He stated Walker Park is immediately to the west across the street. The school districts Adult Education Center is immediately to the north of the former Jefferson Elementary building. He stated this is reflected in the elements that contribute to infill ratings such as Fire Department response times, access to infrastructure and transit. He stated other issues considered in looking at the request were the public comment that was received. He stated they received inquiries, but it was uniformly in support of the request. He stated staff recommends in favor of the request. He stated the Planning Commission recommended and forwarded the request to Council in favor unanimously. Asha Niederman, applicant stated the lot is 75 feet wide and the current zoning requires 40 feet wide lots which wouldn't allow me to split it. By rezoning to RI-U, I could build several smaller houses than one large house. She stated her hope is to be able to build two smaller houses and two ADU's. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6450 as Recorded in the office of the City Clerk RZN-2021-045 (S.E. of S. Ray Ave./JCC Enterprises): An ordinance to rezone that property described in rezoning petition RZN 21-045 located southeast of South Ray Avenue for approximately 7.00 acres from RSF-4, Residential Single Family, 4 units per acre, I-1, Heavy 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 8 of 16 Commercial and Light Industrial and R-A, Residential -Agricultural to R-A, Residential Agricultural. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommends in favor of the request. He stated when evaluating they found the Residential Agricultural Zoning District can act as something of a holding district in the meantime for the property. He stated they feel although it may be appropriate in the future to develop the property for higher intensity if it were to be tied into the existing street grid or if the developments in the area were to change, at this time it is more appropriate to move further down in the zoning entitlement category than further up it. The Planning Commission agreed with a vote of 8-0. John Cloyed, applicant stated he was available for questions. Council Member Turk stated it seems the applicant is making a good choice. This will further protect the West Fork of the White River. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Gutierrez stated she wanted to commend the applicant for down zoning, bringing some relief for places for water to collect and to the protection of the creek. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6451 as Recorded in the office of the City Clerk RZN-2021-046 (S.W. of S. School Ave. & W. MLK Blvd./Southyard Development): An ordinance to rezone that property described in rezoning petition RZN 21-046 located southwest of South School Avenue and West Martin Luther King Junior Boulevard for approximately 2.00 acres 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 9 of 16 from DG, Downtown General and I-1, Heavy Commercial and Light Industrial to MS-C, Main Street -Center. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated this property has many of attributes of infill development. It is very close to fire station one, has all the typically infrastructure you would expect, access to both of the main transit services of the City, is immediately adjacent to a trail and a short jump from Walker Park. He stated staff has found no issues with the request. Staff recommends in favor and Planning Commission agreed unanimously. Seth Mims, Specialized Real Estate Group, 204 Ahlstrand and applicant for the project stated what Jonathan said is a lot easier for a lot of reasons especially financing to have a uniform zoning across the entire project. Council Member Turk: Jonathan, you mentioned there was some preservation next to the Tanglewood Creek, is that correct? Jonathan Curth stated as part of the projects large scale development they are required to dedicate or deed parkland to the City along the creek. Council Member Turk stated at this point if we approve that they can't go back and change it a fee in lieu, is that all a part of the package we are looking at or is that a separate issue? Jonathan Curth stated I believe the property was deeded as a part of the easement plat that was required before they could move into the current phase, but I could be mistaken. Seth Mims: Yes, the property has already been deeded, but in this case the City is not getting only the parkland dedication, but we are also paying the fees because we want to see a quality asset, not just for the City, but for our community. Council Member Turk: Jonathan, I just want to clarify that what Mr. Mims said is completely locked in. Assistant City Attorney Blake Pennington stated the City received a deed that was recorded on November 6, 2020 for the property that covers the stream. The City received 1.3 acres. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 10 of 16 Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6452 as Recorded in the office of the City Clerk RZN-2021-047 (North of 2619 N. Quality Ln./Sources for Community Independent Living): An ordinance to rezone that property described in rezoning petition RZN 21-047 located north of 2619 North Quality Lane for approximately 2.00 acres from RMF-24, Residential Multi -Family, 24 units per acre to CS, Community Services. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the zoning in the area is fairly consistent with quite a bit of residential development. He stated staff feels rezoning the property to CS and affording the opportunity for services to serve these residential areas is complementary. He stated the request is consistent with our adopted plans. The Future Land Use Map has this property as City Neighborhood Area which is a designation that supports a fairly wide spectrum of residential and non-residential uses in terms of City Plan 2040 and the infill score. The property has access to all the typical infrastructure. In addition, there is an Ozark Regional Transit stop nearby and Scull Creek Trail immediately to the east both of which would be very complimentary of development. He stated staff is recommending favor of the request. Planning Commission agreed forwarding it unanimously 8-0. Alan Deaver, Morrison Shipley Engineers stated he has nothing further to add but can answer any questions. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Petty seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 11 of 16 Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6453 as Recorded in the office of the City Clerk RZN-2021-048 (956 W. Cato Springs Rd./Reynolds): An ordinance to rezone that property described in rezoning petition RZN 21-048 located at 956 West Cato Springs Road for approximately 0.50 acres from RSF-4, Residential Single Family, 4 units per acre and I-1, Heavy Commercial and Light Industrial to NS-G, Neighborhood Services -General. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated public comment was received prior to the Planning Commission meeting and at the meeting with concerns about drainage. The Cato Springs branch runs immediately to the east of the property. The flood way associated with the Cato Springs branch runs up to about the eastern edge of the property. Much of the property and a lot of property in the area are within flood plan. He stated although staff was concerned with this, we do feel that some of our more rigorous ordinances that recently passed by the Council, specially those about flood plan, help protect neighbors and users of any specific property. He stated staff recommends approval of the request. Planning Commission agreed and although they forward it unanimously they expressed some hesitation about the development adjacent to a flood way but felt on the balance of issues that our city ordinances protected adjacent owners and again those within a given property from harm or damage and felt that the proposed request and all the uses allowed with it were compatible with those existing in the area. Garrison Roddey, applicant stated as we looked at this parcel, we were a little bit turned off by flood plain and flood way. As we did further research the house that's there now takes up quite a bit of room on the property. Through doing a peer system and talking with neighbors down the street we feel like that actual porous areas is going to increase rather than decrease. He stated we are not bringing a bunch of red dirt to fill it up, so it puts a water problem on our neighbors. He stated they are very excited about the Fayette Junction Plan, with the trails and all the development that's going on in south Fayetteville, the new engineering building, the greenway is not just used for recreation now, it is use of travel in the city. We are very excited about all the activity that's going to happen in south Fayetteville. We want to have a small place making area down there that we can develop that will drive more traffic on the trails. Council Member Turk: Jonathan, you mentioned the eastern portion goes into the floodway, would the applicant be permitted to build in that floodway or not? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 12 of 16 Jonathan Curth: They are indeed. When you build in a floodway not a floodplain, so the path that will flood in the instance of water rising, a developer is required to provide a no rise certificate. That means the water level will not rise on other people's properties because of the amount of water volume that you are displacing. Development in the floodways is among the most strenuous types you can do from FEMA standards. The City has heightened standards above that as a part that recent stormwater ordinance, we have something of a municipal no rise certificate that's required for development and floodplain areas. Especially if there's recognized issues associated with that. Council Member Turk: Are there other concerns or limitations in the 100-year floodplain area? I was impressed with the applicant saying that he wants to build a pier system and reduce the impervious surface. That's a really a nice change in consideration, I'm just wondering what the limitations are with the City legally. Jonathan Curth: The municipal no rise certificate is required in the floodplain as well. Alan Pugh shared that to date there has not been any issues on this property. If you are familiar with this area or looked at our City GIS in this area, you see there's a City owned property to the south. However, the City ended up buying out a property owned because it was a repeat incident where the house was flooded several times and the City was seeking to reduce the potential risk in that area and also to increase the amount of perviousness or areas that can absorb rainwater. Council Member Jones stated he is very excited about this for Ward 1. Council Member Jones 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 Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Gutierrez stated I'm in this area quite a bit. There is a storage unit, a lot of dense housing nearby, a lot of variety of housing nearby, a lot of potential with land that doesn't have anything at all, so it would be great to have a variety of offerings in here to serve the neighborhood. I'm looking forward to continuing to support this. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan: I live about 300 yards from this development and this goes along with the Fayette Junction Master Plan. I'm very pleased to see this type of development go in. We have waited a long time for this kind of development. It's a real good project and I really appreciate you all bringing it forward. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 13 of 16 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6454 as Recorded in the office of the City Clerk VAC-2021-014 (3553 N. Steele Blvd./First National Bank): An ordinance to approve VAC 21- 014 for property located at 3553 North Steele Boulevard to vacate a portion of public right-of- way. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director stated he had a clerical request and in reviewing the item leading up the City Council meeting, he found that the internal staff review of the legal description had placed it about 300 feet to the south. He presented a proposed alternative Exhibit A and asked if Council sees fit that they would amend the ordinance to consider in lieu of the Exhibit A that was in the packet. He went on to describe the clerical issue and give a brief description of the ordinance. He stated the applicant is requesting to vacate a portion of right of way to scoot their allowance for a sign closer to right of way. He stated staff feels there is no adverse impact to the public interest. He stated they feel Steele is built out to its effect width and don't anticipate it needing to be widening any further. The improvements along the street frontage have been there for some time. Street trees are planted with First National Bank and staff recommends in favor and Planning Commission agreed. He stated at the Planning Commission meeting there was a discussion from Planning Staff and the Planning Commission that there maybe be a broader interest in vacating the entire width of the frontage to create a consistent right of way width. Ultimately, they forwarded the applicants request which is what is before you tonight for 57 square feet. They included in a separate motion to consider vacating the entire frontage, but we don't currently have a legal description for that. Tanya Mims, First National Bank of NWA 3553 Steele Boulevard applicant, stated our builder, architect and engineer did not realize when they submitted the plan with the monument sign on it that there was a separate approval process for the sign ordinance. They thought that since it was on the plan that meant they were approved to place it there. They went ahead and poured a concrete slab in the front for it. When they found out we temporarily considered not doing one, but we found people are not seeing the building because it doesn't look like a traditional bank branch and people keep passing it. We found that we really do need a monument sign. Council Member Hertzberg made a motion to amend and adopt the revised Exhibit A. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 14 of 16 Council Member Petty moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Petty moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6455 as Recorded in the office of the City Clerk Amend §178.02 Sidewalk Cafes: An ordinance to amend § 178.02 Sidewalk Cafes to streamline and make permanent the sidewalk cafe and parklet development processes for use by restaurants, bars, performance venues, and other businesses. Assistant City Attorney Blake Pennington read the ordinance. Mary McGetrick, Long Range Planning/Special Projects Manager presented a brief presentation regarding the ordinance. She stated parklets can be anything, they can be used for a temporary event or they can be long term investment for local business owners to offer a novel way for patrons to gather. She stated she hopes this ordinance can provide guidance and reassurance to business owners that the City is invested and maintaining a vibrant and lively downtown. Council Member Turk: Are the parklets only allowed in the Entertainment District? Mary McGetrick: No, they would be allowed anywhere that there is paid city parking. Council Member Turk: I appreciate you making sure ADA design standards are met. I have had some complaints, not in downtown but in other areas of the city where there were issues that were non-ADA compliant. The examples you have presented are in the core of the city, can we anticipate monitoring to ensure further ADA compliance in the future? Mary McGetrick: Absolutely, the ordinance the way that it is presented and written allows for City staff to regularly inspect the parklets. I do that anyway; I have gone and visited these parklets multiple times to make sure they are being maintained properly and the ADA access is still available. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 15 of 16 Council Member Turk stated that is great news. Thank you. Jerry Davis, 339 W. Avenue, General Manager for 21 st Amendment West End, Los Bobos, Rogers Rec stated he hopes Council votes in favor of the ordinance. He stated they have seen an increase in business and seen the parklet is a great attraction to Dickson Street. During business hours with the ORA in place it allows for people to be able to go outside and have somewhere to sit. He stated he is on Dickson Street all the time and even when the business is not open people are still utilizing the parklet. It is not limited to when business hours are open. Anyone can use the parklet it is for everyone. We make sure we keep it clean, keep the repairs and everything done. He stated he wanted to let Council know this is an amazing thing. Zane Chenault, 2894 E. Picasso Place stated he is speaking on behalf of the Fayetteville Chamber of Commerce and stated they are in support of the ordinance. He stated the parklets are a great place to sit, relax and enjoy the City. It's a great place to be outdoors and not cooped up inside. This creates outdoor space that we would not otherwise get to have due to some of the narrow sidewalks that we have in certain areas. He stated these are common across the country and we are excited to see this opportunity for our local businesses. He stated they believe it will expand their opportunity to generate revenue and sales tax for the city and as an attraction for people to live in Fayetteville. We live by the motto of work, live, play and this is part of the live and play. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Gutierrez stated she wanted to thank Mr. Davis for coming and speaking about his parklet and letting Council know all the positive things. She stated she didn't realize people would hang out there when he is closed, and he is fine with it. She stated she can see this would really enhance as we go toward the Cultural Art Corridor. It's great that it is enhancing and expanding places for businesses. She stated she would support it. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6456 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 16 of 16 Announcements: Susan Norton, Chief of Staff stated the Dive in Movie series begins at Wilson Park Pool on July 23, 2021, all details are on the website. She invited City Council Members and the public to join in the celebration of Connie Edmonston's 35 years of service to the City of Fayetteville Thursday, July 8, 2021 at the Town Center. It is a drop in from 1:30-3:30 PM. She stated Connie has not only been with the City for 35 years, she served the last 23 years as the Parks Director and we appreciate her service and all her contributions to the city. Mayor Lioneld Jordan: I would highly encourage people to get out and get their COVID 19 vaccinations. The Delta variant is upon us now and it is time for everyone to take action. The best way to take action is to get the vaccination. It protects you and everybody else. I want to remind the Council and the public that we have a Fayetteville special election set for August 1 Oth. The election will determine whether the 1 % Sales and Use Tax is extended for another 10 years. I can't emphasize enough how important the extension is for the city operations. Without it we would see major cuts to services through out the City. Early voting begins at the County Court house on August 3rd and runs through August 9th. You can find a list of voting centers open on August 1 Oth at the Washington County Election Commission website. Council Members I hope and ask you to support this extension and encourage people to get out and vote for this very special tax extension. City Council Agenda Session Presentations: Agenda Session Presentation - Sales Tax Report by Paul Becker and Energy Report by Peter Nierengarten Adjournment: 7:25 PM Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Received 7/18/21 12:52 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* Virginia Martin Address or Ward* Address • Ward Locate Your Ward Number Ward * Ward 4 Phone Number (479) 466-3788 Email Vleemar@yahoo.com Meeting Body* City Council Agenda Item B1/ Micheal Cole Rezone 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 It is my understanding the City Council will vote on zoning the property on Wedington Just one block East of Double Springs Road which is just behind my home. I have lived at 5870 W. Michael Cole since 1992. Apparently, the party in question has plans to build apartments, townhouses or condos which could house several people, I feel it would not be in the best interest of the neighborhood or Fayetteville at the present time. My reasons are as follows: 1. The traffic on Wedington appears to be a disaster at the present time especially during early morning and evening. Also whenever there is a sports activity at the U of A. There is a bottleneck between Airways and Catfish hole as there is no turning lane. To build housing which would invite several other drivers would only add to a currently serious problem. 2. Apparently the interested parties intend to include a "coffee shop." Only one block west are several EMPTY facilities available for occupancy. Several business' have come and gone with the latest Penquin Ed's. Even with increased population there is no guarantee a "coffee shop" would survive. 3. My backyard serves as a sort of sanctuary for birds. There are presently four sets of cardinals the year round and as many of fourteen sets whenever a storm is brewing. There are also several other birds who feed here. This is my own personal entertainment and perhaps selfish but it important to me. I am 87 years old and do not get out much. Please do not take away a home for these birds or my entertainment. It is my opinion to that invite more traffic on Wedington would be like putting the cart before the horse. Fix the problems first, do not add to them. Thank you for your time. Virginia Martin. 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 7/20/21 11:13 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* Robert Blair Johnson Address Ward Locate Your Ward Number Address* 5 E. Lovers Lane Ex. 113 W Mountain St Phone Number 505 310 4679 Email blairwerks@gmail.com Meeting Body* City Council Agenda Item 2021-0531 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 I support the Sign on Awards package for new Law Enforcement Officers and to approve a budget adjustment. Our first responders perform the most vital services in municipal governance and events over the past two years in North West Arkansas indicate that police officers are putting their lives on the line to protect us all. I expect all council members to support the recommendation of the Chief of police and fully support our officers. Thank you. Bob Johnson. 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 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, July 13, 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 July 13, 2021 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2021-0530 2020 COMPREHENSIVE ANNUAL FINANCIAL REPORT - PAUL BECKER Proposed Agenda Additions A. Consent: A.1 2020-0880 APPROVAL OF THE JULY 6, 2021 CITY COUNCIL MEETING MINUTES A.2 2021-0493 OLSSON ASSOCIATES, INC. AMENDMENT #2 - 2019 TRANSPORTATION BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $115,164.00 FOR THE DESIGN OF THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT City of Fayetteville, Arkansas Page 2 Printed on 71712021 City Council Agenda Session Tentative Agenda July 13, 2021 A.3 2021-0497 BURNS & MCDONNELL ENGINEERING COMPANY, INC. - 2019 STREET IMPROVEMENT BOND PROJECT: A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., PURSUANT TO RFQ #21-01 SELECTION #11, FOR THE DESIGN OF THE MILLSAP STREET AND COLLEGE AVENUE PROJECT IN THE AMOUNT OF $300,000.00, TO AUTHORIZE THE MAYOR TO ACQUIRE THE NECESSARY EASEMENTS AND RIGHT-OF-WAY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND PROJECT B. Unfinished Business: BA 2021-0424 APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED At the June 15th, 2021 City Council meeting this item was left on the First Reading. At the June 15th, 2021 City Council meeting this item was left on the Second Reading. C. New Business: C.1 2021-0502 WHITING SYSTEMS, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE PURCHASE OF CAR WASH CHEMICALS FROM THE SUPPLIER WHITING SYSTEMS, INC. IN VARIOUS QUANTITIES THROUGH MARCH 16, 2024 City of Fayetteville, Arkansas Page 3 Printed on 71712021 City Council Agenda Session Tentative Agenda July 13, 2021 C.2 2021-0508 YRCC LAND PURCHASE: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE HEIRS OF BOBBY YORK FOR THE CITY TO PURCHASE ABOUT 0.3 ACRES OF LAND LOCATED ON MOUNTAIN STREET NEAR THE YVONNE RICHARDSON COMMUNITY CENTER FOR THE AMOUNT OF $75,000.00 PLUS CLOSING COSTS, AND TO APPROVE A BUDGET ADJUSTMENT C.3 2021-0504 AMEND § 157.03 ANNEXATION AND ZONING MAP AMENDMENTS: AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP AMENDMENTS TO REQUIRE PUBLIC NOTIFICATION OF PLANNING COMMISSION DENIALS OF REZONING REQUESTS IF APPEALED TO THE CITY COUNCIL CA 2021-0466 AMEND CHAPTER 173 BUILDING REGULATIONS: AN ORDINANCE TO AMEND CHAPTER 173 BUILDING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S BUILDING REGULATIONS WITH BUILDING CODES ADOPTED BY THE STATE OF ARKANSAS; TO AUTHORIZE PROSECUTION OF VIOLATIONS OF § 173.08 UNSAFE BUILDINGS AND PROPERTY NUISANCES; AND TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE C.5 2021-0507 ADM-2021-052: (325 N. WEST AVENUE,CITY OF FAYETTEVILLE PARKING DECK): A RESOLUTION PURSUANT TO § 166.04(B)(3) OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO APPROVE THE REQUEST TO NOT DEDICATE ADDITIONAL RIGHT OF WAY ALONG WEST AVENUE FOR THE PARKING DECK PROJECT City of Fayetteville, Arkansas Page 4 Printed on 71712021 City Council Agenda Session Tentative Agenda July 13, 2021 D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 5 Printed on 71712021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0530 Agenda Date: 7/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Report Agenda Number: 1. 2020 COMPREHENSIVE ANNUAL FINANCIAL REPORT - PAUL BECKER City of Fayetteville, Arkansas Page 1 Printed on 71712021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0880 Agenda Date: 7/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A.1 APPROVAL OF THE DULY 6, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 71712021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0493 Agenda Date: 7/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 OLSSON ASSOCIATES, INC. AMENDMENT #2 - 2019 TRANSPORTATION BOND PROJECT: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $115,164.00 FOR THE DESIGN OF THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT WHEREAS, on November 19, 2019, the City Council passed Resolution 255-19 to approve a professional engineering services agreement with Olsson, Inc. for design work on the Multi -Modal Improvements to the Midtown Corridor; and WHEREAS, Amendment No. 2 will include addition of on -street parking; additional analysis and design changes to the roundabout; the redesign of portions of Porter Road, Deane Street and Sycamore Street; additional survey work; and project management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 2 to the Professional Engineering Services Agreement with Olsson, Inc. in the amount of $115,164.00 for engineering services related to the design of the Midtown Corridor Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 7/7/2021 Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-0493 Legistar File ID 7/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/21/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of Contract Amendment #2 in the amount of $115,164.00 with Olsson Associates, Inc. for the Porter/Deane/Sycamore/Poplar Corridor (Midtown Corridor) and approval of a budget adjustment. 4609.860.7900-5860.02 4602.860.7218-5860.02 Account Number 46090.7900.7218 46020.7218.1000 Budget Impact: 4609 -Police Projects 2019 Bonds 4602 - Street Projects 2019 Bonds Fund Police Projects - Midtown Corridor Streets Projects - Midtown Corridor 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 $ 462,205.00 $ 456,417.04 $ 5,787.96 $ 115,164.00 $ 115,164.00 $ 5,787.96 V20210527 2019-00000800 Previous Ordinance or Resolution # 255-19 2019-00000053 Approval Date: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 20, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: June 21, 2021 CITY COUNCIL MEMO SUBJECT: Approval of Contract Amendment #2 in the amount of $115,164.00 with Olsson Associates, Inc. for the Porter/Deane/Sycamore/Poplar Corridor (Midtown Corridor) and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of Contract Amendment #2 in the amount of $115,164.00 with Olsson Associates, Inc. for the Porter/Deane/Sycamore/Poplar Corridor (Midtown Corridor) and approval of a budget adjustment. BACKGROUND: The Midtown Corridor is a priority project in the 2019 Bond Program and includes several different components. The corridor is 2.3 miles in length and runs in an east -west direction through a flat part of the middle of the city from 1-49 at Porter to College Avenue at Poplar Street. The project includes vehicular improvements to the intersection of Porter Road and 1-49 to improve the traffic flow for the large volume of traffic from the west of 1-49 turning onto the interstate heading north. Along Porter Road and Deane Street from the interstate to Garland Avenue the project includes street improvements with new turn lanes and drainage as well as separated pedestrian and bicycle facilities. This includes coordination with the planning and design of the new police headquarters and fire station. The street, drainage pedestrian, and bicycle improvements will continue along Sycamore Street from Garland Avenue to the Razorback Greenway. From the Greenway to College Avenue, the project will include multi -use trail construction along the Poplar Street alignment. Finally, a connection to the south from Poplar Street to Gregory Park will be designed as part of this contract. The City Council approved a design contract with Olsson Associates, Inc. in November of 2019. DISCUSSION: Staff has been working with Olsson on the design for this project. Through the City Council input meetings and staff reviews, additional design elements have been identified that need to be included in the scope of the design contract. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A full list of the design scope changes is included in Appendix A of the contract amendment. The contract amendment includes the following: 1. Addition of on -street parking along Porter Road and Deane Street along the Police Department Headquarters site. 2. Additional analysis and design changes to the roundabout at Porter Road and Deane Street. 3. The re -design of portions of Porter, Deane and Sycamore from full -depth reconstruction to a "notch and Widen" section to reduce construction costs. 4. Poplar street typical section change. 5. Additional survey beyond the original scope. 6. Project Management BUDGET/STAFF IMPACT: This contract amendment of $115,164.00 will be paid for from the Transportation Bond Fund ($85,848.00) and the Police Headquarters Bond Fund (29,316.00). The total design fee including this change will be $1,082,571.40 of which $410,000 will be paid from Walton Family Foundation grant funding, $29,316.00 from the Police Headquarters Bond Fund and $643,255.40 from the Transportation Bond Fund. Total funding for this project in Phase I of the Transportation Bond Program is $3,436,000. Attachments: Corridor Map Olsson Associates, Inc. Scope and Fee - Engineering Agreement Budget Adjustment AMENDMENT NO. 2 To CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PORTER/DEANE/SYCAMORE/POPLAR CORRIDOR Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON, Inc. WHEREAS, on November 19, 2019, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Olsson, Inc. of Fayetteville, Arkansas (ENGINEER) entered into an Agreement for professional engineering services in connection with the Porter/Deane/Sycamore/Poplar Corridor (the "Project"); and WHEREAS, the scope of the current contract excluded additional engineering services, and the CITY OF FAYETTEVILLE now wishes to increase the scope of work to include these additional engineering services as described in the scope of services attached as Appendix A, and WHEREAS, the current Agreement must now be amended to provide the additional scope and amount of compensation to the ENGINEER for the additional work; and NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and the ENGINEER, the parties hereto, stipulate and agree that the Contract for Professional Engineering Services dated November 19, 2019 is hereby amended in the following particulars: SECTION 5 — PAYMENTS TO THE ENGINEER Section 5.1 is amended as follows: 5.1 The maximum not -to -exceed amount authorized for this agreement is increased by this Amendment 2 in an amount of $115,164 from $1,108,083.40 to $1,223,247.40 which includes all reimbursable expenses. APPENDIX A — SCOPE OF SERVICES Add the following scope of work as described in the attached Appendix A for Amendment 2. Amend Section A.4 to include additional fees as shown in the attached Appendix B for Amendment 2 Amend Section A.5 to reflect the revised project schedules as shown in the attached Appendix C for Amendment 2. All other provisions of the original Agreement remain in full force and effect 019-3988 Amendment No.2 Page 1 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have caused this Amendment to be duly executed this day of , 2020. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk OLSSON, INC. Brad Hammond, P.E.; Office Leader Richard D. Herrick, P.E.; Vice President END OF AMENDMENT NO. 2 TO CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES 019-3988 Amendment No.2 Page 2 MIDTOWN TRAIL -- APPENDIX A - SCOPE OF SERVICES During execution of the concept and preliminary design, and in coordination with the design of the police station headquarters, the CITY OF FAYETTEVILLE made decisions and requested additional scope items that were not included in the original Consultant contract. The purpose of this amendment is to revise and update the scope of services and fee estimate to reflect the requested changes and the required adjustment in the work effort. Below is a list of the additional work items and a general description of each task. TASK 1: ON -STREET PARKING CONSIDERATIONS 1.1 The original contract scope and estimate assumed the alignment of the Porter/Deane intersection would be similar to the existing alignment following a continuous curve from Porter Road to Deane Street, including a T-intersection with Porter Road south of Deane Street. No traffic signal was included. In coordination with the design of the proposed police station site, The CITY OF FAYETTEVILLE requested that other intersection configurations be considered, including a signalized T-intersection where Deane Street would "T" with Porter Road in addition to a single lane roundabout option. The roundabout option was selected as the preferred option. Through additional coordination regarding the police station site design, it was determined that on -street parking was a desired component. The City requested that on -street parking be analyzed and considered and that concept layouts be prepared to determine the best method to accommodate the desired on -street parking. The consultant evaluated multiple on -street parking configurations, prepared multiple concept layouts and analyzed associated impacts including evaluation of sight distance requirements. TASK 2: RE -DESIGN OF PORTER/DEANE ROUNDABOUT INTERSECTION 2.1 The Consultant prepared concept layout and analysis and subsequent 30% design plans of the approved roundabout for the intersection of Porter and Deane. As part of the 30% review the City asked that the roundabout be redesigned to accommodate a future fourth leg off the roundabout into the police station site. It was also requested that the portion of Porter Road, north of the roundabout, be shifted to the east approximately one lane width. This request required redesign and reconfiguration of the roundabout, updated analysis of the roundabout characteristics, turning movements, and sight lines and re -design to the 30% level. It was agreed that a new 30% submittal would not be required and that after approval of the new roundabout analysis by the City that the Consultant would move forward directly to a 60% submittal. TASK 3: RE -DESIGN OF EAST DEANE STREET AND SYCAMORE STREET FROM "FULL RE -CONSTRUCTION" TO A "NOTCH AND WIDEN" DESIGN. 3.1 The Consultant prepared concept, 30% and 60% designs of Deane Street and Sycamore Streets based on the existing roadways being demolished and totally reconstructed. As part of the 60% plan review discussions, the City indicated that these roadways should be designed to reflect where possible a notch, widen, and overlay design instead of full depth re -construction. The City also indicated that this comment had been made as part of the 30% plan review and was not appropriately addressed by the Consultant at that time. . The Consultant is requesting additional fee to re -design the roadway components from 10% to the 30% design level. The Consultant is not requesting additional fee to go from 30% to 60% design. This 30% re -design effort includes most all components associated with the roadway design elements including typical sections, profiles for mainline roadway, side streets and driveways, crown correction to better match the existing crown, and all driveways, storm drainage, re- modeling of the entire project, all cross -sections, all curb ramps, and revised quantities TASK 4: RE -DESIGN OF POPLAR STREET TO ACCOMODATE A REVISED TYPICAL SECTION 4.1 The 60% design review by the City resulted in a revision to the previously approved typical section on East Poplar. Revising the typical section requires re -modeling of the project, new cross -sections, and updating of other design features impacted by this revision. TASK 5: ADDITIONAL SURVEY Additional survey, survey processing and updating of the base map is required at the following locations: 5.1 The City requested that storm sewer along N Lewis Avenue be extended to the south beyond the current survey limits. Additional survey is required along the east side only for approximately 430 feet. 5.2 Additional survey is required along the north leg of Leverett Avenue, east side only for approximately 130 feet to accommodate a sidewalk extension in this area. 5.3 Additional survey is required along the south leg of Porter, east side only, for approximately 140 feet to accommodate the proposed construction and sight lines along Porter Road south of the roundabout. 5.4 Additional survey is required along Tri Cycle Farms near Lynn's Place for storm sewer design purposes for approximately 170 feet. TASK 6: PROJECT MANAGEMENT 6.1 Provide project management and coordination for Tasks 1 through 5. MIDTOWN TRAIL AMENDMENT 2 -- APPENDIX B Friday, May 14, 2021 FEE SUMMARY BY EMPLOYEE CLASSIFICATION Personnel Total Hr. 2021 $ Per Hr. Labor Cost Total Cost Project Manager PM 16 $275.00 $4,400 $4,400.00 Senior Manager SM 20 $217.00 $4,340 $4,340.00 Team Leader TL 0 $0 $0.00 Senior Engineer 2, Traffic Engineer 2 SE2/TE2 40 $198.00 $7,920 $7,920.00 Senior Engineer 1 SE1 152 $182.00 $27,664 $27,664.00 Project Engineer PE 0 $0 $0.00 Designer 2 DE2 255 $132.00 $33,660 $33,660.00 Traffic Engineer 1 / Designer 1 TE1/DE1 125 $120.00 $15,000 $15,000.00 Assistant engineer 2 AE2 100 $100.00 $10,000 $10,000.00 Assistant Engineer 1 AE1 0 $0 $0.00 Technician TECH 108 $65.00 $7,020 $7,020.00 Associate Scientist AS 0 $0 $0.00 Project Scientist PS 0 $0 $0.00 Senior Scientist SS 0 $0 $0.00 Surveyor (2-man Crew) SC2 12 $165.00 $1,980 $1,980.00 Senior Suveyor /Senior Constr Observer S SVY / SCO 2 $120.00 $240 $240.00 Surveyor Technician / Resident Project Representative ST / RPR 16 $90.00 $1,440 $1,440.00 Admin Admin 0 $0 $0.00 Geotech Engineer / Constr Mgr GE /CM 0 $0 $0.00 Sr Geotech SGE 0 $0 $0.00 Geotech Technician GT 0 $0 $0.00 Total Labor 846 $113,664.00 Total Expenses $1,500.00 TOTALS 846 $113,664 $115,164.00 Note: Rates shown are for estimating purposes only; actual billing rate is based on the rate for each individual employee and the attached billing rate scheule. Fees for individual phases or tasks may exceed the subtotals shown but total fees shall not exceed the total fee shown. FEE SUMMARY BY MAJOR TASK Task Hours Labor Expenses Total 1 ON -STREET PARKING CONSIDERATIONS 183 $ 29,316.00 $ - $ 29,316.00 2 REDESIGN OF PORTER/DEANE ROUNDABOUT 165 $ 23,460.00 $ - $ 23,460.00 3 REDESIGN OF EAST DEANE AND SYCAMORE ROADWAYS 388 $ 42,780.00 $ - $ 42,780.00 4 REDESIGN OF POPLAR STREET TO 60% 32 $ 4,224.00 $ - $ 4,224.00 5 ADDITIONAL SURVEY 30 $ 3,660.00 $ 500.00 $ 4,160.00 6 PROJECT MANAGEMENT 48 $ 10,224.00 $ 1,000.00 $ 11,224.00 TOTALS 846 $ 113,664.00 $ 1,500.00 $ 115,164.00 Friday, May 14, 2021 APPENDIX B - EXPENSE SUMMARY - MIDTOWN TRAIL AMENDMENT 2 Expenses Quantity $ Ea. Cost Design Travel, mile (car) MILES 0.54 $0.00 Hotel/Lodging PER NIGHT 125.00 $0.00 Meals PER DAY 25.00 $0.00 Miscellaneous Expenses (Plots, Copies, Reports, etc.) 1 LS 1000 $1,000.00 Survey Travel, mile (survey) MILES 0.75 $0.00 Hotel/Lodging PER NIGHT 125 $0.00 Meals PER DAY 25 $0.00 Title Work EACH 150 $0.00 Miscellaneous Expenses (Plots, Copies, Reports, etc.) 1 LS 500 $500.00 Geotech Hotel/Lodging PER NIGHT 125.00 $0.00 Meals PER DAY 25.00 $0.00 Mobilization LS 1037.00 $0.00 Travel, Drill Rig MILES 2.25 $0.00 Travel, Support Truck Miles 0.8 $0.00 Traffic Control Permit EA. 1000 $0.00 Traffic Control Day 2500 $0.00 Drilling, straight auger Foot 15 $0.00 Sampling EA. 18 $0.00 Wireline Rock Coring Foot 53 $0.00 $0.00 Lab Testing $0.00 Unconfined Compressive Strength - Soils EA. 50 $0.00 Dry Density EA. 21 $0.00 Moisture Content EA. 15 $0.00 Rock Core Breaks EA. 40 $0.00 Atterberg Limits EA. 95 $0.00 $0.00 $0.00 $0.00 Subtotal Design $1,000.00 Subtotal Survey $500.00 Subtotal Geotech $0.00 TOTAL EXPENSES $1,500.00 S �J J 0 3 z / g® g e % & o « s « 3 K ¥ 0 2 a \ CD / CD -0§ 0 \ ) j CD ® CD ¢ CD ± a) k i CD 0 ~ 0. ƒ k ƒ / $ \ � ƒ / 0 v q E 2 0 ° 2 m m 0 » <% c[ § w 2 3 2 3§ ( D ) ® a m Cl)0 (A2 2 k C 9 n n n M 0 0 0 a 0 0 0 0 0 0. m� � \ � § m / 0./ / / } / » � k CD/ \ / \ _ C _ , £ _ % E & \ ¥ \ _ ? « m ? 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RESOLUTION/ORDINANCE COUNCIL DATE: 7/20/2021 LEGISTAR FILE ID#: 2021-0493 Hovy 3lack� 612112021 3:37 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 7/20/2021 CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20210601 Account Name 4609.860.7900-5860.02 29,316 - 46090 7900.7218 EX Capital Prof Svcs - Engineering/Architectu 4602.860.7218-5860.02 4609.860.7999-5899.00 85,848 - (29,316) - 46020 7218.1000 EX 46090 7999 EX Capital Prof Svcs - Engineering/Architectu Unallocated - Budget 4602.860.7999-5899.00 (85,848) - 46020 7999 EX Unallocated - Budget H:\Budget Adjustments\2021_Budget\City Council\07-20-2021\2021-0493 BA Midtown Corridor Olsson Contract Amend 2 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0497 Agenda Date: 7/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 BURNS & MCDONNELL ENGINEERING COMPANY, INC. - 2019 STREET IMPROVEMENT BOND PROJECT: A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., PURSUANT TO RFQ #21-01 SELECTION #11, FOR THE DESIGN OF THE MILLSAP STREET AND COLLEGE AVENUE PROJECT IN THE AMOUNT OF $300,000.00, TO AUTHORIZE THE MAYOR TO ACQUIRE THE NECESSARY EASEMENTS AND RIGHT-OF-WAY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT 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 Burns & McDonnell Engineering Company, Inc., pursuant to RFQ #20-01 Selection 11, for the design of the Millsap Street and College Avenue Project in the amount of $300,000.00, and further authorizes Mayor Jordan to acquire any necessary easements and right-of-way for the project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 7/7/2021 Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-0497 Legistar File ID 7/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/23/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $300,000.00 with Burns & McDonnell Engineering Company, Inc. for design of the Millsap St. and College Ave. Project, per RFQ 21-01, selection #11, authorizing the Mayor to acquire the easements and Right of Way for the project and approval of a budget adjustment. Budget Impact: 4602.860.7227-5860.02 4602 - Streets Project (2019 Bonds) Account Number Fund 46020.7227 Millsap/College Intersection Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 15,000.00 Funds Obligated $ 448.86 Current Balance 14,551.14 Does item have a cost? Yes Item Cost $ 300,000.00 Budget Adjustment Attached? Yes Budget Adjustment $ 300,000.00 Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 20, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: June 30, 2021 CITY COUNCIL MEMO SUBJECT: Approval of a contract in the amount of $300,000.00 with Burns & McDonnell Engineering Company, Inc. for design of the Millsap St. and College Ave. Project, authorizing the Mayor to acquire the easements and Right of Way for the project and approval of a budget adjustment, per RFQ 21-01, selection #11. RECOMMENDATION: Staff recommends approval of a contract in the amount of $300,000.00 with Burns & McDonnell Engineering Company, Inc. for design of the Millsap St. and College Ave. Project, authorizing the Mayor to acquire the easements and right of way for the project and approval of a budget adjustment, per RFQ 21-01, selection #11. The Transportation Committee recommended approval of this contract at the June 29, 2021 Transportation Committee meeting. BACKGROUND: The project includes improvements to Millsap Street near the intersection with College Avenue and addition of a connection road on new alignment between Sain Street and Millsap Street. The improvements to Millsap Street include an additional lane west of College Avenue to provide additional left turning capacity, realignment of lanes on both sides of College Avenue, signalization timing and phasing improvements and installation of crosswalks and pedestrian signals. The new connection road will be a 2-lane local roadway that connects to a proposed roundabout on Sain Street and will have an unsignalized intersection with Millsap Street. DISCUSSION: On March 20th, Burns & McDonnell Engineering Company, Inc. was selected by committee based on RFQ 21-01, selection #11. Staff has worked with Burns & McDonnell to prepare a detailed scope of work and contract for this project. They have provided a proposed scope and fee in the amount of $300,000.00 for the design of this project. Design should be complete and ready for bid in the third quarter of 2022. BUDGET/STAFF IMPACT: The design for this project ($300,000.00) will be paid for with the funds from the 2019 Transportation Bond Fund. The funding for the construction of this project is planned for the second phase of the bond program. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: Vicinity Map Engineering Agreement Budget Adjustment AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And BURNS & MCDONNELL ENGINEERING COMPANY, INC. THIS AGREEMENT is made as of , 2021, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and BURNS & MCDONNELL ENGINEERING COMPANY, INC. (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction administration of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments related to the MILLSAP ST/COLLEGE AVE INTERSECTION IMPROVEMENTS (hereinafter called PROJECT) to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. Professional Engineering Services Contract-BMcD-Millsap Backage Agreement SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Obtain for ENGINEER access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is described in Appendix A. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The lump sum amount authorized for this Agreement is $300,000.00. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be Professional Engineering Services Contract-BMcD-Millsap Backage Agreement 2 made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $2,000,000 Combined Single Limit per Occurrence and in the Aggregate $1,000,000 Combined Single Limit per Accident $1,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. Professional Engineering Services Contract-BMcD-Millsap Backage Agreement 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights of subrogation against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. A provision similar to this shall be incorporated into all construction contracts entered into by the CITY OF FAYETTEVILLE, and all construction contractors shall be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE and ENGINEER for damage covered by any construction contractor's property insurance. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating parry, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. Professional Engineering Services Contract-BMcD-Millsap Backage Agreement 4 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. Professional Engineering Services Contract-BMcD-Millsap Backage Agreement 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other parry with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE may require Professional Engineering Services Contract-BMcD-Millsap Backage Agreement 6 deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings, details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. Except for the ENGINEER's services provided for by this Agreement as related to the completion of the PROJECT, the ENGINEER accepts no liability arising from any reuse of the delivered documents by the CITY OF FAYETTEVILLE, unless ENGINEER is retained by CITY OF FAYETTEVILLE to make modifications or otherwise reuse the delivered documents. Except where the CITY OF FAYETTEVILLE reuses the delivered documents subsequent to the completion of the Project, nothing contained in this paragraph shall alter the ENGINEER's responsibilities and obligations under this Agreement. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. Professional Engineering Services Contract-BMcD-Millsap Backage Agreement 7 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 6576 Lynch's Prairie Cove, Suite B Springdale, AR 72762 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other parry of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility to its standard of care set forth in Section 6.2.1. Neither CITY OF FAYETTEVILLE's review, approval, or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all direct third -party property and personal injury damages to CITY OF FAYETTEVILLE to the extent caused by ENGINEER's negligent performance of the services furnished under this Agreement; ENGINEER shall not be liable for errors, omissions or other deficiencies to the Professional Engineering Services Contract-BMcD-Millsap Backage Agreement extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 In no event will ENGINEER be liable for any special, indirect, or consequential damages including, without limitation, damages or losses in the nature of increased Project costs, loss of revenue or profit, lost production, claims by customers of CITY OF FAYETTEVILLE, or governmental fines or penalties. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents, and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained, and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement, or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to records pertaining directly to subagreement performance, excluding any financial records of ENGINEER; Professional Engineering Services Contract-BMcD-Millsap Backage Agreement 9 7.3.3.3.2 If there is any indication that fraud, gross abuse, or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER 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. Professional Engineering Services Contract-BMcD-Millsap Backage Agreement 10 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS BURNS & MCDONNELL ENGINEERING COMPANY, INC. Digitally signed by Steven Beam Date: 2021.06.24 14:28:06-05'00' By: Bv: Mayor, Lioneld Jordan Steven Beam, Business Manager ATTEST: By: Title: City Clerk END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Professional Engineering Services Contract-BMcD-Millsap Backage Agreement 11 N BURNS *KMSDONNELL APPENDIX A TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT MILLSAP ST/COLLEGE AVE INTERSECTION IMPROVEMENTS SCOPE OF BASIC SERVICES PROJECT DESCRIPTION The City of Fayetteville (Owner) plans to design and construct improvements to Millsap Street near the intersection with College Avenue and to construct a backage road on new alignment between Sain Street and Millsap Street. The improvements to Millsap Street include an additional lane west of Highway 71B to provide additional left turning capacity; realignment of lanes on both sides and signalization timing and phasing improvements; and installation of crosswalks and pedestrian signals. The connection of Front Street to Millsap Drive will also be closed. The new backage road will be a 2-lane local roadway that connects to a proposed roundabout on Sain Street and will have an unsignalized intersection with Millsap Street. The proposed project will require surveys, geotechnical investigations, design, and bidding services. Construction administration and observation is not included in the base scope of services but may be added through contract amendment at a later time. I. SERVICES PROVIDED BY THE OWNER: 1. Conduct reviews of design documentation, construction plans, specifications, and cost estimates. 2. Provide aerial and mapping data, if available 3. Host the necessary public involvement meeting and public hearings. 4. Publish and pay for public notices and legal notice. 5. Provide Spanish translation services at public meetings as necessary. 6. Provide right-of-way appraisals, acquisitions, and relocations, if required. 7. Advertise and receive construction bids. II. SERVICES TO BE FURNISHED BY THE ENGINEER: ENVIRONMENTAL CLEARANCE DOCUMENTATION No environmental permitting is anticipated to be required by the project. Therefore, Environmental Clearance Documentation is excluded from the Scope of Services. A. PUBLIC INVOLVEMENT MEETING The Engineer will plan, coordinate, participate in, and assist the City in conducting one Public Involvement Meeting near the project area. The Engineer will identify the logistics involved in selecting the meeting site with the City. The City will subsequently secure/reserve and pay any rental costs for such site and any necessary equipment. The Engineer will prepare and submit notice of public involvement meeting to the City and ARDOT for review and approval and will place the approved notice in a local newspaper in accordance with ARDOT polices and requirements. The City will be responsible for payment of the publication of legal notices and ads. The Engineer will prepare public involvement displays, sign -in sheets, comment sheets, and other materials for the Public Involvement Meeting, as necessary. The Engineer will provide adequate numbers of handouts and displays for the public involvement meeting and will provide four (4) personnel to support the Public Involvement Meeting by being prepared to answer questions and explain all concepts of the proposed project. As directed by the City, the Engineer will obtain the Project Mailing List database from the City and update as necessary. The Engineer will develop and maintain the Project Mailing List database of names/addresses to be utilized in distributing the Public Meeting notice. Persons attending the Public Meeting will be added to the database when requested by the same. The Engineer will compile comments received at the Public Meeting and document the same in the form of a synopsis that will include comments cards, letters, attendance sheets, summary of input, response to public comments, etc. This will include photographs or copies of informational displays, handouts, etc. The Engineer also will prepare and submit the Title VI report. FIELD SURVEYS AND MAPPING The Engineer shall be responsible for obtaining all required aerial photography and topographic mapping (other than that provided by the Owner). The Engineer shall also be responsible for all field surveys including topographic surveys, hydraulic surveys, property surveys, and utility surveys, as needed, to identify all existing features along the project including soil borings and establishing project control. All services performed shall be consistent with Arkansas minimum standards and in compliance with Arkansas laws and regulations governing the practice of Land Surveyors and with all Federal, State and Local laws, regulations, and ordinances applicable to the work. ROADWAY DESIGN AND PLANS A. CONCEPTUAL ALIGNMENTS/ ALTERNATIVES (10% Submittal) 1. The Engineer shall prepare an alignment study based on field surveys and mapping. The alignment study will show proposed centerline, curb/edge of pavement, and sidewalk for review and concurrence by Owner of the general scope of proposed improvements. 2. Engineer will prepare a Conceptual Opinion of Probable Construction Cost (OPCC). B. CONCEPTUAL ROADWAY DESIGN (30% Submittal) Submit design criteria to be used in the design of the project for approval by the Owner prior to beginning preliminary design work. Submit 30% plans for review by the Owner to include at a minimum: the proposed alignment with horizontal curve data, grades with vertical curve data, limits of construction, existing property lines and r/w, floodway and floodplain limits, and existing aerial photography and/or topographic survey. 30% plans will include plan and profile, typical section, and intersection layouts. 30% OPCC Documents will be submitted in PDF format for review by Owner. CAD and hard copy plans will be provided, if requested. C. PRELIMINARY ROADWAY DESIGN (50% Submittal) Provide pavement design alternatives using AASHTO design procedures or Owner standards and submit recommendation to Owner for approval. Public Meeting, if requested The Engineer shall prepare all design related displays to be used at the public meeting when needed. This would include, but not be limited to plans of the proposed route illustrating the proposed horizontal and vertical alignments complete with all bridge structure. All proposed and existing right-of-way requirements, including easements, shall be included on this display. The Engineer shall assist the Owner at the meeting by being prepared to answer and explain all concepts of the proposed design. The Engineer shall also be responsible for developing a written transcript of the public comments and provide written responses to each comment. This written transcript shall be furnished to the Owner for the completion of the project certification. 3. The preliminary roadway plans (50% submittal) shall show, as a minimum: a) The title sheet. b) The typical sections will include notes pertaining to slopes, tolerances, leveling, and other items. The typical sections will contain information depicting the width of the subgrade, all lanes, shoulders, and clear zones. The side slopes (run/rise) and finished grade cross slopes (ft./ft.) will also be shown. The point of profile will be defined and the location of pipe underdrains if needed will be illustrated. The location and shape for all ditches will also be depicted. c) The approved pavement designs will be incorporated into the typical sections. d) Project specific details required to properly construct elements of the job that are not covered in the Owner's standard drawings or other plan drawings will be developed as needed. e) Survey control data. f) Roadway Plan & Profile Sheets The plan and profile sheets will contain information including the following in the plan view: proposed centerline and travel lanes, existing topography, existing utilities, horizontal geometry (curve data, PI's, bearings), north arrow, lane and shoulder dimensions, taper dimensions, proposed driveways and side streets, proposed cross drains and related construction notes, bridge end stationing, sketch of bridge layouts, guardrail locations, turning radii, limits of existing and proposed right-of-way and control of access (including fence), permanent and temporary construction easements, construction limits, location of right-of-way points and benchmarks, floodplain limits, and other data as required. The plan and profile sheets will contain information including the following in the profile view: proposed vertical geometry (including VPI's, grades, and ditch grades), superelevation station limits, benchmarks, existing ground profile, and drainage information. g) Maintenance of Traffic Plans (50%) The maintenance of traffic signing details will suggest a sequence of construction to complete major phases of the project. It will clearly identify barricades to be placed, striping to be removed, striping to be placed prior to diversion of traffic, and possible detour routes and the stages required to maintain traffic during construction. h) Signing & Pavement Marking Plans (50%) i) Erosion Control Plans j) Culvert Diagrams (if applicable) k) Traffic Signal Layout Sheets (if applicable) 1) Water & Sewer Relocation Plans (if applicable and authorized by Amendment to this Scope) 4. Documents will be submitted in PDF format for review by Owner. CAD and hard copy plans will be provided, if requested. 5. Attend plan review meeting. 6. Make revisions necessary to respond to comments made at the 30% and 50% review as well as comments made at the preliminary field inspection. 7. 50% OPCC. 8. Preliminary Drainage Report D. FINAL ROADWAY DESIGN (90/100% Submittal) The objective of this phase is to complete roadway, and right-of-way plans for the project. In the final design phase, comments from the 50% submittal will be addressed, all quantities will be calculated, right-of-way plans developed, and a final OPCC developed. Comments from the 90% submittal will be incorporated. 1. Comments from the review of 50% plans will be incorporated in 90% plans and all sheets will be updated. 2. The permanent pavement marking details illustrate pavement markings and traffic sign placement. All signing, striping and delineation will be in accordance with the latest edition of the Manual of Uniform Traffic Control Devices and shall conform to Owner requirements. 3. Survey control sheets. 4. Erosion control plans will be developed and will include temporary measures that will be put in place at the start of construction. The information for temporary measures includes the location of silt fences (station/offset at PI's), rock berms, sediment basins, as well as other strategies to prevent pollution of streams by stormwater runoff from the project site. Erosion control plans will be developed to correspond to each Maintenance of Traffic stage of construction. Permanent erosion control measures that will be left in place after construction is complete will also be noted. 5. Cross sections for all roadways will be shown at a 1:1 scale and include the items required in the "Roadway Design Plan Development Guidelines". In addition, any matchlines will be labeled and sections will be provided at bridge ends, begin/end tapers, nose points, begin/end auxiliary lanes, and any pipes/culverts perpendicular to centerline construction. Inlet and outlet sections will be shown for pipes/culverts on skews. 6. The Engineer will produce plan and profile sheets related to the relocation of existing water and sewer facilities which are directly affected by the project, if authorized to do so by Amendment to this Scope of Work. 7. Quantities will be calculated and tabulated using the Owner's standard specifications. 8. Provide an index of sheets, a list of specifications, and general notes. 9. Provide a Project Manual that includes bid documents, agreement, general conditions, technical specifications, and special provisions. 10. Prepare and submit a SWPPP containing all the necessary data needed to obtain a SWPPP permit for the project. 11. 90% and Final OPCC. 12. Documents will be submitted in PDF format for review by Owner. CAD and hard copy plans will be provided, if requested. 13. Attend final plan review meeting, if required. 14. Make plan changes resulting from the 90% review, subsequent reviews, and final plan review meeting. 15. Perform all other work required to advertise and receive bids. 16. Provide Final Drainage Report. GEOTECIINICAL INVESTIGATIONS AND REPORTING This scope of work includes subsurface borings, testing, and recommendations along the proposed alignment for the backage road. The Engineer will be responsible for staking and locating field borings and then including coordinates and elevations for those borings in the report. Deliverables shall include a Preliminary and Final Geotechnical Report. No geotechnical investigations will be performed along Millsap Street. TRAFFIC DESIGN AND PLANS A. TRAFFIC DATA COLLECTION 1. Engineer will collect turning movement traffic counts at the intersection of Millsap & College. 2. Engineer will collect origin/destination data to understand the northbound movement of vehicles through the Millsap & College intersection destined for the flyover versus northward on College Avenue. B. TRAFFIC DATA COLLECTION ANALYSIS & DESIGN 1. Engineer will reforecast design year traffic based on obtained 2021 count information and regional travel demand model. 2. Engineer will use data to optimize lane assignments, storage, and cycle times of the intersection and traffic signal. 3. Engineer will use data to design advance signage and lane striping on northbound College Avenue. 4. Engineer will prepare plans and specifications for the traffic signal modifications meeting the requirements of the Owner's Traffic Division. These plans will be developed in sequence with the Roadway Design & Plans. RIGHT-OF-WAY PLANS M9Oki 1101L1104%\:a•/\21I17a10Rar l]MI`K"AI 1. Provide Right -of -Way Plans. Right -of -Way Plans shall be prepared and submitted to the Owner according to the following: Stage 1: At the time of 50% Roadway Submittal, provide a strip map with construction centerline, limits of construction, existing topography and proposed right-of-way plotted on complete parcel surveys with property lines identified. Stage 2: Prepare right-of-way documents to Owner specifications including a metes and bounds legal description of each parcel. Exhibits shall be adequate to clearly show all details, dimensions, bearings, distances and notes at 11"x17" sheet size (not smaller than 1"=100' unless approved in advance by Owner). Stage 3: Perform a thorough "in-house" review of the right-of-way documents. Stage 4: Prior to the 90% Roadway Submittal, provide 90% level right-of-way documents for review, legal descriptions, and "current owner" certificates of title with deeds attached. Stage 5: Submit final right-of-way documents and electronic files with corrections requested by the Owner. 2. Coordinate with Owner's Land Agent or Acquisition consultant, providing information as requested, in support of right-of-way appraisals and acquisitions. 3. Staking of Right -of -Way and/or Easements is excluded from this Scope of Work but may be performed on an hourly basis if authorized by Amendment. BIDDING PHASE SERVICES 1. Update Project Manual with key dates and information at the time of advertisement for bids. 2. Prepare Advertisement for Bids and submit to the Owner for issuance to newspaper(s). The Owner to pay advertising costs outside of this agreement. 3. Dispense construction contract documents to prospective bidders at the approximate cost of reproduction and handling. Owner to receive bids. 4. Answer questions from contractors during bid phase 5. Issue addenda 6. Conduct the pre -bid meeting, if necessary 7. Attend Bid Opening 8. Review and certify bids for construction 9. Prepare Bid Tabulations 10. Prepare Construction Contract 11. Issue letter of recommendation to Owner for acceptable of bid 12. Assist the Owner with project close-out for design. III. PROJECT CONDITIONS OF THE WORK a) The Engineer shall submit a project schedule which will permit all work to be completed within ten (10) months after receiving notice to proceed. It is understood that extenuating circumstances e.g. unusually long review periods or other administrative delays by any public agency would be justification to extend the design completion time frame. b) Coordinate design and construction with franchise utility companies' relocations and/or new locations to assure adequate space for all facilities and timely relocations. c) Notify Owner of needs to coordinate with relevant regulatory agencies as required (FEMA, USACOE, SI PO, ADEQ, USFWS and others) to resolve environmental issues and obtain permits if found to be required. At this time, no permits are anticipated to be required and therefore environmental coordination, documentation, and permits is excluded from this Scope of Work. d) Design and land surveys shall be performed to Arkansas minimum standards requirements and shall be supervised and certified (stamped) by a Professional Surveyor registered in Arkansas. e) All work performed by the Engineer shall be in compliance with all applicable Federal, State, and local laws, regulations, and ordinances. IV. COORDINATION WITH OWNER a) Coordination meetings will be conducted on an as needed basis. These meetings shall include the Engineer, the Owner, and others, as appropriate. The Engineer shall schedule these meetings with the Owner's concurrence, and compile and distribute meeting minutes, as necessary. V. DELIVERABLES A. Alignment Study Design Phase (10%) 1. Alignment Plan/Report 2. Conceptual Opinion of Probable Construction Cost (OPCC) B. Conceptual Design Phase (30%) 1. Design Criteria 2. 30% Complete Roadway Plans 3. OPCC C. Preliminary Design Phase (50%) 1. Geotechnical Report 2. 50% Complete Roadway Plans 3. Right -of -Way Strip Map 4. Preliminary Drainage Report 5. OPCC 6. 90% Right -of -Way Documents D. Final Design Phase (90/100%) 1. 90% Complete Roadway Design Plans. 2. Final Roadway Design Plans signed and sealed by an Arkansas Registered Professional Engineer. 3. Provide Special Provisions and complete Project Manual for bidding. 4. OPCC 5. Electronic files of the project design and plans on a compact disc in AutoCAD/Civil 3D format that is fully indexed (all reference files attached and set to load automatically.) txniDit A - JustiTication oT Uosts - miiisap Koaa & uoiiege Avenue intersection improvements SHEETS TASKS Number Avg. Hirs Per Avg. Cost Per Hours Cost Hours PM 444.0 Cost $ 78,738.00 LABORSUMMARY Hours 444.0 $ Cost 78,738.00 SUBCONSULTANTS Hours 0.0 DIRECTS TOTAL Cost W/MARKUP COST $ - RDY 43.0 13.6 $ 1,742.30 585.0 $ 74,919.00 104.0 $ 14,568.00 689.0 $ 89,487.00 0.0 $ - DRG 0.0 #DIV/0! #DIV/0! 0.0 $ - 88.0 $ 12,126.00 88.0 $ 12,126.00 0.0 $ - TRF 19.0 17.1 $ 2,216.84 325.0 $ 42,120.00 100.0 $ 15,660.00 425.0 $ 57,780.00 0.0 $ WALL 0.0 #DIV/0! #DIV/0! 0.0 $ - 0.0 $ - 0.0 $ - 0.0 $ TOTAL 62.0 14.7 $ 1,887.73 910.0 $ 117,039.00 736.0 $ 121,092.00 1646.0 $ 238,131.00 0.0 $ $64,715.44 $ 302,846.44 2b.5 = Hours oar Sheet S144.67 = Average Labor Rate Discipline Hours/Sheet Sheets Hours Labor Cost LABOR SUBCONSULTANTS Principal (Level l7+) Project Director (Level 16) Project Manager (Level 15) Associate Civil Engineer (Level 15) Senior Civil Engineer (Level 12) Staff Civil Engineer (Level 10) Project Assistant (Level 9) Designer (Level 9) CAD (Level 8) Field Rep. (Level 9) Public Involvement (Level 12) Structural Engineer nior Structural Engineer Staff Structural Engineer Assistant Structural Engineer Associate Environmental Scientist Senior Environmental Scientist Staff Environmental Scientist $220.00 $216.00 $214.00 $214.00 $183.00 $150.00 $132.00 $132.00 $111.00 $125.00 $183.00 Title Sheet Index of Sheets, Governing Specs, and General Notes RDY RDY 1 10.0 15.0 1.0 1.0 1 10.0 15.0 $ 1,188.00 $ 1,860.00 2.0 5.0 8.0 10.0 Project Survey Sheet (Millsep) RDY 8.0 1.0 8.0 $ 966.00 2.0 6.0 Project Survey Sheet (Backage) RDY 8.0 1.0 8.0 $ 966.00 2.0 6.0 Prop. Typical Sections of Improvement RDY 12.0 2.0 24.0 $ 3,054.00 10.0 14.0 Plan & Profile Sheets_Millsap (1"=20') RDY 15.0 2.0 30.0 $ 3,915.00 15.0 15.0 Plan & Profile Sheets_Backage (1"=20') RDY 15.0 2.0 30.0 $ 3,915.00 15.0 15.0 Intersection Details (2 Locaflons) RDY 30.0 2.0 60.0 $ 8,220.00 40.0 20.0 Driveway Details or Profiles RDY 20.0 2.0 40.0 $ 5,220.00 20.0 20.0 Utility Adjustment Plan RDY 1 15.0 2.0 30.0 $ 3,720.00 10.0 20.0 MOT Details RDY 20.0 3.0 60.0 $ 7,440.00 20.0 40.0 MOT Plan Sheets RDY 15.0 4.0 60.0 $ 7,830.00 30.0 30.0 MOT Profile Sheets RDY 15.0 0.0 0.0 $ Temporary Erosion Control Details (per MOT Stage) RDY 15.0 4.0 60.0 $ 7,245.00 15.0 45.0 Signage, Striping, & Lighting Plan_Millsap TRF 20.0 2.0 40.0 $ 5,220.00 20.0 20.0 Signage, Striping, & Lighting Plan_Backage TRF 20.0 2.0 40.0 $ 5,220.00 20.0 20.0 Signage & Striping Plan_College TRF 20.0 2.0 40.0 $ 5,220.00 20.0 20.0 Sign Details TRF 20.0 2.0 40.0 $ 5,220.00 20.0 20.0 Traffic Signal Notes TRF 15.0 1.0 15.0 $ 2,250.00 15.0 Traffic Signal Details TRF 15.0 6.0 90.0 $ 11,160.00 30.0 60.0 Traffic Signal Plans (Signal Modification) TRF 15.0 4.0 60.0 $ 7,830.00 30.0 30.0 Detail Sheets RDY 8.0 5.0 40.0 $ 5,025.00 15.0 25.0 Cross Sections_Millsap (800 LF @ 50 It per = 16; 4 per sheet; 1 extra sheet for misc.) RDY 10.0 5.0 50.0 $ 6,525.00 25.0 25.0 Cross Sections_ Backage (1000 LF @ 50 ft per = 20; 4 per sheet; 1 extra sheet for misc.) RDY 10.0 1 6.0 60.0 1 $ 7,830.00 30.0 30.0 TOTAL HOURS -SHEETS 910.0 0.0 0.0 0.0 0.0 0.0 411.0 0.0 0.0 499.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL COSTSSHEETS $117,039.00 $0.00 $0.00 $0.00 $0.00 $0.00 $61,650.00 $0.00 $0.00 $55,389.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Design Management (8 mo. schedule) PM 80.0 $ 17,120.00 80.0 Design Criteria PM 4.0 $ 794.00 2.0 2.0 Client Meetings & Updates PM 40.0 $ 7,552.00 16.0 16.0 8.0 Project Administration PM 84.0 $13,384.00 28.0 56.0 QA/QC Reviews (30-60-90-RFC) PM 120.0 $ 21,960.00 120.0 Prepare Project Manual PM 36.0 $ 5,368.00 4.0 16.0 16.0 Bid Phase Services PM 80.0 $ 12,560.00 20.0 20.0 40.0 TOTAL HOURS -PM TASKS 444.0 0.0 0.0 150.0 0.0 138.0 44.0 112.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL COSTS -PM TASKS Geometric Design RDY 28.0 $78,738.00 $ 4,332.00 $0.00 $0.00 $32,100.00 $0.00 $25,254.00 4.0 $6,600.00 24.0 $14,784.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Roadway Modeling RDY 40.0 $ 4,440.00 40.0 Design Criteria Check RDY 4.0 $ 732.00 4.0 Quantity Takeoffs RDY 32.0 $ 5,064.00 8.0 24.0 FAL HOURS.ROADWAY TASKS 104.0 0.0 0.0 0.0 0.0 16.0 48.0 0.0 0.0 40.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 AL COSTS -ROADWAY TASKS $14,568.00 $0.00 $0.00 $0.00 $0.00 $2,928.00 $7,200.00 I $0.00 $0.00 $4,440.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 DRAINAGE TASKS Drainage Research DRG ��M 18.0 $ 2,580.00 4.0 14.0 Delination of Drainage Areas DRG 10.0 $ 1,422.00 2.0 8.0 Hydrologic analysis and modeling DRG 14.0 $ 1,950.00 2.0 12.0 Hydraulic analysis and modeling DRG 26.0 $ 3,534.00 2.0 24.0 Drainage Report TOTAL HOURS -DRAINAGE TASKS DRG 20.0 88.0 $ 2,640.00 0.0 0.0 0.0 0.0 10.0 0.0 0.0 20.0 78.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL COSTS -DRAINAGE TASKS $12,126.00 $0.00 $0.00 $0.00 $0.00 $1,830.00 $0.00 $0.00 $10,296.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Traffic Count Coordination & Analysis Quantity Takeoffs TRF TRF 40.0 60.0 $ 6,000.00 $ 9,660.00 20.0 40.0 40.0 TOTAL HOURS -TRAFFIC TASKS 100.0 0.0 0.0 0.0 0.0 20.0 80.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL COSTS -TRAFFIC TASKS .rr Traffic Counts (Vendor) Survey (SubcensulWnt) Right of Way Documents (Subconsultanl) ^ 1.0 1.0 1.0 L.S. L.S. L.S. $ 13,927.00 $ 29,300.00 $ 13,400.00 $15,660.00 $ 13,927.00 $ 29,300.00 $ 13,400.00 $0..0 $0.00 $0..0 $0..0 $3,660.00 $12,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 Geotechnical Investigation &Report Miles (Assumes monthly trips to Client office) 1.0 250.0 L.S. mile $ 4,863.00 $ 0.58 $ 4,863.00 $ 143.75 Meals Lodging day nights $ 50.00 $ 150.00 $ $ Prinfing - Roll Plot Prinfing -11 x17 each each $ 85.00 $ 0.16 $ $ Prinfing - 8 1/2 x 11 each $ 0.07 $ Postage each $ 0.57 $ Fed Ex each $ 25.00 $ TOTAL COSTS -OTHER DIRECTS $61,633.75 94 UNDER CONSTRUCTION A� ee , 404',,44 I-SAINST. ;4 co MILLSAP RD. -Ar=n ii Apt iA MILLSAP RD. AND N. COLLEGE AVE INTERSECTION City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2021 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract in the amount of $300,000.00 with Burns & McDonnell Engineering Company, Inc. for design of the Millsap St. and College Ave. Project, authorizing the Mayor to acquire the easements and Right of Way for the project and approval of a budget adjustment, per RFQ 21-01, selection #11. COUNCIL DATE: LEGISTAR FILE ID#: 7/20/2021 2021-0497 M attheaw Maddcryv 6/2V2021 2:06 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) I GLDATE: 7/20/2021 RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - _ v.20210601 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4602.860.7227-5860.02 300,000 - 46020 7227 EX Capital Prof Svcs - Engineering/Architects 4602.860.7999-5899.00 (300,000) - 46020 7999 EX Unallocated - Budget K:\Budget Adjustments\2021_Budget\City Council\07-20-2021\2021-0497 BA Millsap College Design Contract 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0424 Agenda Date: 7/20/2021 Version: 1 Status: Second Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to RI-U, Residential Intermediate -Urban and NS-L, Neighborhood Services -Limited. 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 7/7/2021 HALL ESTILL VIA E-MAIL eitvclerk(u favetteville-ar.g)Lv Kara Paxton, City Clerk City of Fayetteville 113 W. Mountain Street, Rm. 308 Fayetteville, Arkansas 72701 RECEIVED MAY 13 2021 U1 i Y OF FAYETTEVILLE CITY CLERK'S OFFICE May 13, 2021 Re: RZN 2020-000028 Kidder Rezoning Dear Ms. Paxton - Robert K. Rhoads 75 N. East Avenue, Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 Facsimile: (479) 973-0520 rrhoads@hallestill corn The above referenced rezoning request was heard before the Planning Commission on May 10, 2021. The Planning Commission voted to not recommend the rezoning to the City Council; therefore I write you this letter on behalf of the Petitioners to formally appeal that decision and ask that the appeal of the rezoning be put on the next scheduled appropriate City Council Agenda. I thank you for your consideration concerning this request and if this letter is lacking anything to be officially considered a formal request please let me know immediately. The Petitioners believes the Planning Commission's refusal to recommend approval of the rezoning was in error and contrary to Unified Development Code 154.03 in that the rezoning request was compatible with neighboring property in light of the future plans of the City and recommendation of the Planning Department. The applicants will submit additional reasons why they believe the City Council should approve the rezoning when this request is placed on the Agenda. I thank you in advance. Sincerely yours, Robert K. Rhoads RKR:slt Cc: Justin Jorgenson Clients Jonathan Curth Kit Williams v Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: May 28, 2021 CITY COUNCIL MEMO SUBJECT: RZN 2020-000028: Rezone (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER, 436): Submitted by JORGENSEN & ASSOCIATES, INC. for property located EAST OF W. MICHAEL COLE DR. & W. WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 5.10 acres. The request is to rezone the properties to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. RECOMMENDATION: City Planning staff recommends approval and Planning Commission recommends denial of the request to rezone the subject property as described and shown in the attached Exhibits `A' and ,B, BACKGROUND: The property, parcel, 765-16221-000, is in west Fayetteville, at the corner of W. Wedington Drive and W. Michael Cole Drive, just east of N. Double Springs Road. Containing approximately 5.0 acres, the property is undeveloped, zoned R-A, Residential -Agricultural, and has approximately 1100 feet of frontage along W. Wedington Drive. The applicant previously submitted a request to rezone the property to RMF-18, Residential Multi -Family, 18 Units per Acre, which was denied by Planning Commission. The applicant appealed that denial to City Council, where an amended request was submitted. City Council remanded the item to Planning Commission for a full review and recommendation. At the April 26, 2021 Planning Commission meeting, Commissioners voted to table the item at the applicant's request. At the May 10, 2021 Planning Commission meeting, Commissioners voted to deny the item with a 4-5-0 vote. More information about that meeting is below. Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. The applicant has not submitted any formal development plans, but has indicated an intent to develop townhomes on the property. Public Comment: Staff received a petition expressing opposition to the original request of RMF- 18 containing 50 signatures from neighbors. Staff received a phone call inquiry regarding the updated proposal, but no specific comment was issued in support or opposition to the updated request. No public comment was issued on the item previously at City Council; one member of Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the public spoke in opposition to the request at the May 10, 2021 Planning Commission meeting. Staff has since received a phone call inquiry about the project's status, but no formal opposition or support was offered. Land Use Compatibility: The surrounding property is characterized by low -density residential, and is primarily zoned R-A, Residential -Agricultural. Additional residential development appears to be on the rise in the area, with duplexes in RMF-6, Residential Multi -Family, 6 Units per Acre zoning to the west, and RI-12, Residential Intermediate, 12 Units per Acre to the northeast. There are few non-residential services available nearby, especially within close walking distance. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff recognizes that rezoning to a higher density is merited at the site. The provision of limited services at the corner through a request to NS-L, Neighborhood Services — Limited for this area could help mitigate concerns about the availability of walkable services. While RI-U does not have a stated density maximum, it does place limits on the types of dwellings permitted, such as single-family to 4-family, and would not permit larger, out of scale apartment buildings. RI-U also has a height maximum of 3 stories, which also places limitations on the potential for a large, out -of -scale apartment building. 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 area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types, so staff recognizes the city's goal for additional housing and supportive services in the area, rather than the land remaining agricultural. It is worth noting that the infill score for this neighborhood is low, which would demonstrate that the area is not currently ready for higher density housing, especially housing which would not necessarily be developed to support compact, complete, and connected neighborhoods. Understanding that rooftops help bring services to an area, staff would support a request to a district such as RI-U, Residential Intermediate — Urban, to support an increase in density to the area, but through the limited housing types of single-, two-, three-, and four -family dwellings. Further, staff finds that a consideration of the potential provision of a walkable service at the corner of W. Michael Cole Drive through a consideration for NS-L, Neighborhood Services — Limited, would lead the site in the direction towards a more connected neighborhood. 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 7, 835 N. Rupple Road) • Near Sewer Main (North side of W. Wedington Drive; Southeast side of subject property) • Near Water Main (South side of W. Wedington Drive) • Near City Park (Harmony Pointe Park) • Near Paved Trail (W. Wedington Drive) DISCUSSION: At the May 10, 2021 Planning Commission meeting, and following a failed vote to table the request, a motion to forward the item recommending approval failed with a vote of 4-5-0; Commissioner Winston made the motion and Commissioner Canada seconded. During the applicant's presentation, they elected to share conceptual plans for attached residential housing. Commissioners in opposition to the request identified issues with the illustrative plans that were submitted by the applicant, including conflicts and inconsistencies with both zoning and development codes. The Assistant City Attorney clarified that the submitted plans were not legally bound to the rezoning request, and city staff clarified that the plans had not been reviewed for any form of code compliance. Other Commissioners opposed to the item suggested that the density of the request was still too high for the area compared to the previous request and were concerned that the proposal still represented sprawl. Commissioners in support of the rezoning request appreciated the form -based nature of the zoning districts, and were encouraged that the use of RI-U would require buildings to be placed along W. Wedington. One member of the public offered comment at the meeting in opposition to the proposal citing concerns with the low infill score and wondered if this was the highest and best use for the land in this area. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000028 Close Up View ------- Kidder RSF-4 EXHIBIT 'A' RZN-2020-000028 L •---•- - - - - - - - - - L -----•---- - - - - -- - - - - - --� NGTO I iwii—�' ----------------- W'WEDN-DR 1----------------------NGTO NS-L RMF-6 I'. ------- P 1 — Regional Link ■ Planned Residential Link — — — Shared -Use Paved Trail - - - Trail (Proposed) : Planning Area �- - -i Fayetteville City Limits Building Footprint Subject Property R-A\ Feet 0 112.5 225 450 675 1 inch = 300 feet '• 1 NORTHI Zoning Acres RMF-18 5.1 Total 5.1 EXHIBIT 'B' RZN-2020-000028 Legal Descriptions LEGAL DESCRIPTION: (R-A TO RI-U A part of the NW1/4 of the SW1/4 and a part of the NE1/4 of the SW1/4 of Section 11, T16N, R31 W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said NW1/4, SW1/4, thence East 270.00 feet, thence South 23.89 feet, thence N86°12'36"E 100.22 feet to the POINT OF BEGINNING, thence N86°12'36"E 56.03 feet, thence N89054'27"E 649.55 feet, thence S85047'50"E 150.33 feet, thence S89036'43"E 189.28 feet, thence South 219.19 feet, thence West 1,044.66 feet, thence North 226.74 feet to the POINT OF BEGINNING: Containing 5.47 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (R-A TO NS-L A part of the NW1/4 of the SW1/4 of Section 11, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said NW1/4, SW1/4, thence East 270.00 feet, thence South 23.89 feet to the POINT OF BEGINNING, thence N86°12'36"E 100.22 feet, thence South 226.74 feet, thence West 100.00 feet, thence North 220.11 feet to the POINT OF BEGINNING: Containing 0.51 acres more or less subject to easements and right of way of record. CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: May 10, 2021 Updated with PC hearing results from 5/10/2021 SUBJECT: RZN 2020-000028: Rezone (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER, 436): Submitted by JORGENSEN & ASSOCIATES, INC. for property located EAST OF W. MICHAEL COLE DR. & W. WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 5.10 acres. The request is to rezone the properties to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. RECOMMENDATION: Staff recommends forwarding RZN-2020-000028 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2020-000028 to City Council with a recommendation of approval." BACKGROUND: The property, parcel, 765-16221-000, is in west Fayetteville, at the corner of W. Wedington Drive and W. Michael Cole Drive, just east of N. Double Springs Road. Containing approximately 5.0 acres, the property is undeveloped, zoned R-A, Residential -Agricultural, and has approximately 1100 feet of frontage along W. Wedington Drive. The applicant previously submitted a request to rezone the property to RMF-18, Residential Multi -Family, 18 Units per Acre, which was denied by Planning Commission. The applicant appealed that denial to the City Council, where an amended request was submitted. City Council recommended the item be sent back to Planning Commission for a full review and recommendation. 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 R-A, Residential -Agricultural; RSF-4, Residential Single -Family, 4 Units per Acre; RI-12, Residential Intermediate, 12 Units per Acre South Undeveloped/Single-Family Residential R-A, Residential -Ag ricultural East Single -Family Residential R-A, Residential -Agricultural West Two -Family Residential RMF-6, Residential Multi -Family, 6 Units per Acre Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. The applicant has not submitted any additional development plans, but has indicated an intent to develop townhomes on the property. Public Comment: Staff received a petition containing 50 signatures from neighbors expressing Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 1 of 34 opposition to the original request of RMF-18. The specific concerns and full signatures are attached to this report. Staff received a phone call inquiry regarding the updated proposal, but no specific comment was issued in support of opposition to the updated request. No public comment was issued on the item at City Council. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage to W. Wedington Drive, which is a fully improved Regional Link with asphalt, curb, gutter, and trail. The property also has frontage to W. Michael Cole Drive, which is classified as a Residential Link Street, with asphalt, but no curb, gutter, greenspace, or sidewalk. Any street improvements required in these areas would be determined at the time of development proposal, as well as any requirements for drainage. Water: Public water is available to the subject area. An existing 2-inch water main that segues into an 8-inch water main is present along the north side of W. Wedington Drive and an existing 18-inch water main is present along the south side of W. Wedington Drive. An existing 6-inch water main is also present along the west side of W. Michael Cole Drive. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the north side of W. Wedington Drive and existing 6-inch sanitary sewer main is present in the southeast corner of the subject property. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 7, located at 835 N. Rupple Road, protects the site. The property is located approximately 1.7 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. 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. The property does not lie within a FEMA floodplain, nor is there a protected stream in the area. Hydric Soils appear to be present along the Southeast side of the subject property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 2 of 34 property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate — Urban requires 15% minimum canopy preservation, and the proposed zoning district of NS-L, Neighborhood Services - Limited has a 10% minimum canopy preservation. The current zoning district of R-A, Residential- Agricultural requires 25% minimum canopy preservation. 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. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site, with a weighted score of 4.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Road) • Near Sewer Main (North side of W. Wedington Drive; Southeast side of subject property) • Near Water Main (South side of W. Wedington Drive) • Near City Park (Harmony Pointe Park) • Near Paved Trail (W. Wedington Drive) 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 characterized by low - density residential, and is primarily zoned R-A, Residential -Agricultural. Additional residential development appears to be on the rise in the area, with duplexes in RMF-6, Residential Multi -Family, 6 Units per Acre zoning to the west, and RI-12, Residential Intermediate, 12 Units per Acre to the northeast. There are few non-residential services available in the area, especially within close walking distance. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff does find that a rezoning to a higher density is merited at the site. The provision of limited services at the corner through a request to NS-L, Neighborhood Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 3 of 34 Services — Limited for this area could help mitigate concerns about the availability of walkable services. While RI-U does not have a stated density maximum, it does place limits on the types of dwellings permitted, such as single-family to 4-family, and would not permit larger, out of scale apartment buildings. RI-U also has a height maximum of 3 stories, which also places limitations on the potential for a large, out -of -scale apartment building. 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 area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types, so staff recognizes the need for an upzone for additional housing and supportive services in the area, rather than the land remaining agricultural. It is worth noting that the infill score for this neighborhood is low, which would demonstrate that the area is not currently ready for higher density housing, especially housing which would not necessarily be developed to support compact, complete, and connected neighborhoods. Understanding that rooftops help bring services to an area, staff would support a request to a district such as RI-U, Residential Intermediate — Urban, to support an increase in density to the area, but through the limited and more compatible housing types of single-, two-, three-, and four -family dwellings. Further, staff finds that a consideration of the potential provision of a walkable service at the corner of W. Michael Cole Drive through a consideration for NS-L, Neighborhood Services — Limited, would lead the site in the direction towards a more connected neighborhood. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone to a higher density than R-A, Residential -Agricultural is justified, given its proximity to a Tier 3 center, and the future land use plans designating this area as Residential Neighborhood. The request to RI-U and NS-L allows for an incremental increase in density in the area, while still being compatible with overall future land use plans. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RI-U and NS-L at this site would increase traffic at this site, though staff does not find that it would be out of scale or create a dangerous traffic condition in the area. W. Wedington Drive has a typical vehicle count of 11,000 vehicles per day, and is an improved Regional Link with a service volume of 17,600 vehicles per day. Staff also finds that the site is located 1000 feet east of a Tier 3 center (W. Wedington Drive and N. Double Springs Road). 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from R-A to RI-U and NS-L would certainly have the Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 4 of 34 potential to increase population density in this area. However, the available infrastructure, water and sewer, and the service volume of W. Wedington Drive, would likely support an increase in population density. The school district 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 approval of RZN-2020-000028. PLANNING COMMISSION ACTION: Date: May 10, 2021 O Tabled (Motion: Winston (Second: Canada Required YES O Forwarded Iq Denied (Motion #2 to table failed for lack of second) JVote: 4-5-0 (Commissioners Garlock, Johnson, Sharp, Wiederkehr, Sparkman BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 - District R-A, Residential -Agricultural o §161.12 - District RI-U, Residential Intermediate - Urban o §161.18 - NS-L, Neighborhood Services- Limited • Applicant Request Letter • Applicant Provided Exhibit • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 5 of 34 161.03 - District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Unit 7 Unit 8 [nit 9 Agriculture Animal husbandry �ingle-family dwellings Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Wireless communications facilities Clean technologies Unit 36 Unit 42 (C) Density. Units per acre One-half ('/) (D) Bulk and Area Regulations. Lot width minimum I200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 6 of 34 Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 7 of 34 161.12 - District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single- family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 Unit 8 Unit 9 Unit 10 Unit 41 Unit 44 (2) Unit 2 Unit 3 Unit 4 Unit 5 Unit 12a Unit 24 Unit 26 Unit 36 City-wide uses by right Single-family dwellings Two (2) family dwellings Three (3) and four (4) farr Accessory dwellings Cluster housing developrr Conditional Uses. City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Government facilities Limited business Home occupations Multi -family dwellings ' Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum r18 feet FLot area minimum rNone (E) Setback Requirements. 7 Front A build -to zone that is located between the front property, line any a line 25 feet from the front propert line. (F) Building Height Regulations. Side Side Single Rear Rear, from Other & Two (2) Other centerline of an Uses Family Uses alley None 5 feet 5 feet 12 feet Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 8 of 34 Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 9 of 34 161.18 - NS-L, Neighborhood Services - Limited (A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited Business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities* Unit 45 Small scale production (C) Density. Units per acre Ten (10) or less (D) Bulk and Area. (1) Lot Width Minimum. Single-family 35 feet Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 10 of 34 Two (2)family Three or more FAII other uses (2) Lot Area Minimum. 35 feet 35 feet None Single-family 4,000 square feet FTwo (2) family or more 3,000 square feet of lot area per dwelling unit FAII other permitted and None conditional uses (E) Setback Regulations. Front: A build -to zone that is located between 10 and 25 feet from the front property line. F—T feet Rear 15 feet (F) Building Height Regulations. r Building Height Maximum 3 stories (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1- 20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 6, 8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19) Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 11 of 34 JORGENSEN +ASSOCIATES Civil Engineering Surveying February 1, 2021 Kara Paxton, City Clerk City of Fayetteville 113 W Mountain Street, Room 308 Fayetteville, AR 72701 Re: RZN 2020-000028 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www,jorgensenassoc.com Established 1985 Please accept this appeal of the decision of the Planning Commission on January 251", 2021, to deny the rezoning request for RZN 2020-000028. Our original request at Planning commission was to rezone this to RMF- 18 but after discussion with the city and the owner it was our desire to hear discussion from Planning Commission and change our request to RI-U and NS-L as noted in the staff report which they stated they would support. We requested to table this item so we could discuss options with staff, but we were denied that opportunity so that is the reason for this appeal. This appeal is made pursuant to Section 155.05 of the Uniform Development Code. We understand that Planning Commission has to make a lot of tough decisions and we certainly appreciate their hard work and time. However, in this instance, we feel that the applicant has presented a reasonable zoning request that is in conformity with the surrounding properties. We are kindly asking that the City Council please place this item on the next agenda, so that we can further discuss this matter. Sincerely; Justin Jorgensen Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 12 of 34 r- 0 3AIMa N019N1a3M ISM Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 13 of 34 t io'. L 1.1 j N N U U E 0 I a Iza� � • ; v # fA N N cn C � a D _�� + t I x L •C T' a••' 4-J ( 0j Planning Commission May 10, 2021 t r `Il`6 Agenda Item 5 RZN-21-000028 Kidder f Page 14 of 34 Z7 ling Commission May 10, 2021 Agenda Item 5 1-000028 Kidder Page 15 of 3 "4 Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 16 of 34 LO O W C� _0 c � J = cn CO a - F- N U W E 4 O (i z U O C Y O � � O U cm 0) W c: 0 W O O ,, W OC N uu U J = o Q� Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 17 of 34 04 - I ------------- I anning Commission May 10, 2021 Agenda Item 5 N-21-000028 Kidder Page 19 of 34 ling Commission May 10, 2021 Agenda Item 5 1-000028 Kidder Page 20 of 3 LJ L a) ry L T C O U, Q1 U) 0 a D a v 0 u 0 U- Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 21 of 34 v 0 0 a D a ra O n a u o Planning Commission u May 10, 2021 8 Agenda Item 5 LL RZN-21-000028 Kidder Page 22 of 34 W W J C O U a) V) r c O a u � [ n j c Ll Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 23 of 34 o U LL 1* w Iq (.0 00 M � lt7 bo M 4-1 N N V� O O M w a-41 w- NC C NC cn O M M +' i 0 0 S cn 0 0 C 0 0 U_ t t • � cn -1 4-1 m 0 Q m 70 Q � � 0. 0 000 3r m �� 1111111«ll�l��ll CL Lnc ` a J VW � 'S c- 3� Go a O v V •� �t 1 V ax ti n0 3; o 0, rI Planning Commission cn May 10, 2021 C Agenda Item 5 �RZN-21-000028 Kidder a Page 24 of 34 ZD 00 c .5 m i Q ZD N 00 C m v E O c 0 I— ru v o Planning Commission May 10, 2021 o Agenda Item 5 LL RZN-21-000028 Kidder Page 25 of 34 C O +_j M u +_j D M O �U C f6 L O O I +, a) 3 _O M O 0 ra to N Q ro U to N L ro C f� Ul E L Q) m �i- d tp Q v u o Planning Commission May 10, 2021 o Agenda Item 5 LL RZN-21-000028 Kidder Page 26 of 34 Petition opposing Rezone Request for West Wedington Drive The undersigned are all City of Fayetteville residents and respectfully oppose a rezone request by Aria Holdings, LLC David Fender, for 5.15 acres on West Wedington Drive, Fayetteville, AR. All signatures on this petition are of property owners and/or residents who either adjoin this property in consideration for rezone, or who live in close proximity. All of us could be negatively affected for this high density development on Wedington Drive. This rezone request is to be considered at the Planning Commission meeting which is virtual by Zoom on January 25, 2021 at 5:30 pm. We stron gly a ppose rezone of 5.15 acres ❑n Wed in tan Drive from RA to RMFIB for the fol I owi Ing reasons: 1. Negative traffic impact and safety concerns for car, pedestrian, and bike traffic. 2. Potential drainage problems onto Wedington Drive that could negatively impact nearby properties. 3. Increase of problems with the water and sewage system which is already inefficient and problematic at times for neighborhood residents with the recent housing growth and construction in this area. 4. Possibility of reduced adjoining and area property values. 5. Safety concerns for domestic animals and livestock on adjoining or nearby properties. 6. Weariness of years long construction traffic, trash, noise, and other negative impacts in our neighborhood from Creek View development to the south, Woodridge Subdivision to the north, and Brooke Drive construction to the west, which have all been simultaneous and all remain ongoing and are within close proximity to this property considered for rezone. 7. Increased potential for excessive noise and litter in the neighborhood which has already been an issue. It seems to us that The Planning Commission and The Fayetteville City Council created a prescedent for rezone for high density in this neighborhood at this time with rejection of a very similar high density rezone request at 6040 and 6074 West Wedington within the last 6 months. The property under current rezone request is just across Wedington from those properties which were denied rezone to RMF-18 or RMF-12 in the last six months of 2020. The Planning Commission (July, 2020) and the City Council (Sept. 2020) both carefully considered and thoughtfully discussed the past rezone request and appeal with respect to the long term growth plan as well as united neighborhood opposition to any high density at this time. A rezone to RMF-18 at this property appears to us to be in conflict with the RA Code 161.03 section of "orderly transition of growth." We appreciate and agree with council member's remarks from past rezone considerations that concentrated high density in our neighborhood does not blend with the long term growth "hamlet" approach and is "too much, too fast." The lack of services in this area was also a factor of concern. We hope that the Commission will appreciate and consider the limitations to communicate because of Covid 19. We respectfully ask the Planning Commission to consider our opposition. Please know that not all residents who have signed this petition have internet access to join the meeting in Zoom format. If our signature is on this petition, we state that our absence from the 1/25/21 Zoom meeting does not signify a lack of interest and/or lack of strong opposition to this rezone request. Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 27 of 34 We, the undersigned, oppose the rezone request for 5.15 acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. /7AR 1 v✓ im � 6,�C4j �6 � LQZ - V- V-�3 �A/ O.Zf 390Cc& q7q- -V6�-2)1d 41 o ff � - � Lit -'7/-)� P—?C SAS w, rVj 2 G O -73 � i Ad Cd e �� 3 I L rr 0 -f<-;) N� Z ) 2�0 � G� � L1 7 q �ZZ� IL - I t7L1L[ - \QA Planning Commission 2 May 10, 2 Agenda Item RZN-21-000028 Kidder Page 28 of 34 We, the undersigned, oppose the rezone request for 5.15 acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. A U . � �U'1 C ?'1 r11C � 5 � 1" LJ'` � Y� � 2 �� [.` C � _._.._..._�7 Q11 , �Il1 bkd j 41.k c l C--CJ - C �JdZ `I, 441C)-(,�0wve,.n (Ai 6Q, 5qub M �l[ LOie Dr C. n ►J�I� 4 evc�axl Celle dr _UO-ji-e- q 7 q 9'7,?2 -5-ot ��,kj�t� 4�G� 2��5q?s I2�� s��fih �V uC'\ �. j ['��U S�5 j 3 C� l2-] ly jai �'' �'� q79 -qys - -7_5- 16z— iv qGI -5 ')\ 5�0 — —) —3 �J( ,,k. r (b } (,7 , . Fa., t Planning Commission 3 May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 29 of 34 We, the undersigned, oppose the rezone request for SAS acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. ��rrir�r.���r�:�rN►��h�`i��1if►r �r� ��y ��r��� �►�h[���irLi:«'�LL��Ir�f� �... • :V-i-l�-' L(-Z.lo --C) Z-y`1 Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 30 of 34 RZN-2020-000028 Kidder NORTH One Mile View 0 0.125 0.25 0.5 Miles ' ——-- -T1 ; W— II 1 Z 1 RSF-4 1 1 ■ II N 1 1 Z t 1 1 � 1 1 ■ ■ ■ ■ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RI-U 1 I 1 W I la— W R1-12 - W Q z ,.r I LW., d NO Subject Property - I I RMF-6 RSF-8 � I RSF-1 i r--— Zoning L2 Generel InMateal RESIDENT IALSINGLE-FAMILY EXTRACTION 11G E-1 COMMERCIAL Regional Link RL,2 Read—.I-Grtce NSL M. C-, — �Reaieantlal-AgewlWrel 11111IC-2 Neighborhood Link R. =`' - R. FORM BASED DISTRICTS - RSF-2 Downtown Care Planned Neighborhood Link RSF-° g"'are RSF-] Main —t Center RSF-fi � Downtown Gener9 Planned Residential Link RSF-1fi Cemrrunity S—,— RESIDENTIAL MULTIFAMILY Neigbbemooe Servaea NeigbbaMooe Conservaeen 1 Planning Area r r _ _ _ - _ • - - - - -1 RMF-,2 PLANNED ZONING DISTRICTS .RMF-,fi Cemmarcial, Ineuateal, Reaieenrlai 1 _ _ , ; Planning Area - r-- � 1 1- - - 1 Fayetteville City Limits Fayetteville City Limits _ =F_ooINSTITUTIONAL INDUSTRIAL Nea Cem a alaneLight lneuaNai Planning Co m 0, ssion 2021 Agenda Item 5 RZN-21-000028 Kidder Page 31 of 34 RZN-2020-000028 Close Up View Kidder LAtg-----------i----7----------j--- ------- wm� WU ________j _________- ------------- ---- W'WEDI------ � -- ------------ Proposed — — — —' NS-Lj Proposed Subject Property RMF-6 R-A — Regional Link ■ Planned Residential Link — — — Shared -Use Paved Trail - - - Trail (Proposed) : Planning Area �- - -i Fayetteville City Limits Building Footprint Feet 0 112.5 225 450 675 1 inch = 300 feet NORTH Zoning Acres RMF-18 5.1 Total 5.1 Planning n ssion 2021 Agenda Item 5 RZN-21-000028 Kidder Page 32 of 34 RZN-2020-000028 Kidder Current Land Use A& NORTH w wi Single -Family Residential/ °,n' l Agricultural w . _ Single -Family Residential — - i- — — — — — °WEDINAli GTON Subject Property [Duplexes pi aS , - F -- - - - - - - -- �. r_ :. - - - Single-Family Residential * h, Single -Family Residential - ".1,• 4 W, -.. y- MICHAEL COLE DR Y.:. 44����• •. �i �T Yy� ,... ' 2`} ;T - T ice_ >+�'A; . xLi S g� FEMA Flood Hazard Data 100-Year Floodplain Regional Link Feet 0 Floodway ■ ■ Planned Residential Link Planning Area 0 75 150 300 450 600 � _ _ _; Fayetteville City Limits 1 inch = 200 feet Planning Conlmission �114%, 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 33 of 34 RZN-2020-000028 Future Land Use .... ■ wgW'adi m ■ ■ ■ ■ .1 Residential i i i i i i i ------------------ Residential Neighborhood Subject Property WWEDIIVGTONDR ___— —_-77S-Z ---- mm WL oed' Kidder ■ ■ M W Q . 1 LLJ IQ ■ _ ■ z NORTH i i —----------------•--- Proposed-----------------�..--- RI-U f Natur Civic -and ' Private - - ' Open Space Regional Link i Planned Residential Link Planning Area L Fayetteville City Limits Building Footprint Feet 0 180 360 720 1,080 1 inch = 500 feet City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,440 Residential Neighborhood Il Rural Residential Urban Center ssion 2021 Agenda Item 5 RZN-21-000028 Kidder Page 34 of 34 Received 6/9/21 3:27 PM from Robert Rhoads f GRAPHIC SCALE WES -------------- LLJJ II m II I — —� - - III— -- — — — —w. wewxoENNA ixsaxwnr se E��oNa�unH _ — — — — — __j------- ---- — —� —_—_ ---. ------------ —IL a a a II I �I- '"I _-_-- _-_ El CityClerk From: RRhoads@HaIIEstill.com Sent: Wednesday, June 9, 2021 3:27 PM To: CityClerk Subject: Wedington/Kidder RZN Appeal 2020-028 Attachments: Kidder Concept.pdf Categories: Completed, Saved File, Forwarded 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. Lisa, pls send this to council et al as additional info and as a replacement for the site plan that appears on page 31 of the planning commission packet. As always thanks for your help! RKR HALL ROBERT K RHOADS I SHAREHOLDER ESTILL. 75 N. East Ave. I Suite 500 1 Fayetteville, AR 72701 Office: 479-973-5202 1 Cell: 479-236-1414 1 Bio \1 Iti'IiNI1�, 11I L M\ This e-mail message and any attachment thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the recipient or reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this a -mail communication in error, please notify us immediately by sending a reply e-mail message to the sender. Thank you. 1 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* Amy Strobel Address or Ward* Address Ward Locate Your Ward Number Ward * Ward 4 Phone Number 479-518-1481 Email atstrobel@yahoo.com Meeting Body* City Council Agenda Item Session B1 Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Comment Only Comments Concerns about proposed rezoning at Wedington & Michael Cole Dr: there is commercial property/neighborhood services only blocks away that is now mostly vacant; paving the property could cause runoff to the south and cause flooding for the property owners. 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 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* Amy Strobel Address or Ward* Address • Ward Locate Your Ward Number Ward * Ward 4 Phone Number 479-518-1481 Email atstrobel@yahoo.com Meeting Body* City Council Agenda Item Session B1 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 Correction to previous submission —should have marked `opposed" to 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 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0502 Agenda Date: 7/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.1 WHITING SYSTEMS, INC.: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE PURCHASE OF CAR WASH CHEMICALS FROM THE SUPPLIER WHITING SYSTEMS, INC. IN VARIOUS QUANTITIES THROUGH MARCH 16, 2024 WHEREAS, on May 7, 2019, the City Council passed Resolution 115-19 to approve a Contract with Whiting Systems, Inc. to supply and install the equipment for the Fleet Wash Facility; and WHEREAS, on April 6, 2021, the City Council passed Resolution 107-21 authorizing the purchase of car wash chemicals from Whiting Systems, Inc., pursuant to a Houston - Galveston Area Council (HGAC) cooperative purchasing contract, but the City was later notified that the chemicals were unpublished items and could not be more than 25% of the base total price of the order; and WHEREAS, Whiting Systems, Inc. provided the City with written notification that the use of another manufacturer's chemicals could void the fleet wash facility warranty and offered to extend the warranty for an additional two years, through March 16, 2024, if the City purchases and uses Whiting Systems chemicals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby finds the above circumstances make competitive bidding not feasible or practical and therefore waives the requirements of formal competitive bidding and approves the purchase of car wash chemicals from Whiting Systems, Inc. in various quantities through March 16, 2024. City of Fayetteville, Arkansas Page 1 Printed on 7/7/2021 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2021-0502 Legistar File ID 7/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/30/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: An ordinance to authorize the purchase of a car wash chemicals from the Supplier, Whiting Systems, Inc. for the duration of the warranty. 9700.770.1910-5203.00 Account Number Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Shop Fund Project Title $ 79,281.00 $ 33,063.62 $ 46,217.38 $ 38,000.00 $ 8,217.38 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: The Item Cost listed above has been estimated with the assistance from the manufacturer. In future years, with a record of actual usage this will be more accurate. CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 20, 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: June 30, 2021 SUBJECT: Bid Waiver for car wash chemicals CITY COUNCIL MEMO RECOMMENDATION: An ordinance to authorize the purchase of a car wash chemicals from the supplier, Whiting Systems, Inc. for the duration of the warranty. BACKGROUND: The City Council approved the purchase of Car Wash Chemicals from Whiting Systems Inc. in April of 2021 in Resolution 107-21. After going through the Houston — Galveston Area Council (HGAC), we were notified that the chemicals were unpublished items and could not be more than 25% of the base total price of the order. The use of the chemicals not made and sold by Whiting Systems, Inc. will void the warranty which began March 16, 2021. DISCUSSION: Whiting Systems, Inc. provided the City with written notification that not only will the warranty be affected by the use of another manufacturers chemicals, but that they would extend the warranty for an additional two years, for a 36-month total warranty period. Staff requests authority to purchase in various quantities within budgeted amounts for the duration of the warranty through March 16, 2024. BUDGET/STAFF IMPACT: For the first year, the amount of chemicals that will be needed and used have been estimated with the manufacturer's assistance. In Fleet's overall budget we estimate that the savings of the monthly expense of the outside car wash, the ample repair cost and water inefficiencies of the truck wash will largely make up the cost of these chemicals. Attachments: Whiting Systems Warranty Letter Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ��lWh iti ng Systems, Inc. 9000 Highway 5 North Alexander, AR 72002 501-847-9031 June 22, 2021 Les McGaugh Support Manager Fleet Services 1525 S. Happy Hollow Rd. City of Fayetteville, Arkansas 72701 Dear Les: We are writing to provide you information concerning your wash system warranty and the use of Whiting approved products in the systems. The wash system comes with a standard 12-month factory warranty. The warranty start date for your system began March 16, 2021. Factory warranty may be affected when unapproved products are used through the wash system. This includes but not limited to, lubricants, cleaning detergents, etc. Whiting Systems provides an extended 36-month factory warranty for your wash system when Whiting Systems cleaning detergents are exclusively used through the wash system. Whiting Systems manufactures its own line of cleaning detergents. The WSI chemistry department formulates proprietary cleaners specifically designed for our wash application. WSI products achieve maximum results without the use of harsh or damaging materials through your system. Whiting Systems has 45 years of experience providing wash programs focused on wash time, wash cost, and wash quality. We are excited about the opportunity to serve your wash needs, especially with WSI being an Arkansas company. Please let us know if you need further information concerning your wash system. Best Re ards, Z Greg Jenkins Senior Vice President City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0508 Agenda Date: 7/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C.2 YRCC LAND PURCHASE: A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND THE HEIRS OF BOBBY YORK FOR THE CITY TO PURCHASE ABOUT 0.3 ACRES OF LAND LOCATED ON MOUNTAIN STREET NEAR THE YVONNE RICHARDSON COMMUNITY CENTER FOR THE AMOUNT OF $75,000.00 PLUS CLOSING COSTS, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Parks and Recreation staff recommend the purchase of approximately 0.3 acres near the Yvonne Richardson Community Center which will increase the park size from 1.94 to 2.24 acres. 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 Land Sale Agreement with the heirs of Bobby E. York, a copy of which is attached to this Resolution, to allow the City to acquire approximately 0.3 acres located on Mountain Street near the Yvonne Richardson Community Center for the amount of $75,000.00, plus closing costs of up to $2,500.00. 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 7/7/2021 Lee Farmer City of Fayetteville Staff Review Form 2021-0508 Legistar File ID 7/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: 6/30/2021 Resolution to purchase .3 acres from the Heirs of the Estate of Bobby E. York located on Mountain Street as Lot 27A located north of the Yvonne Richardson Community Center (YRCC) for $75,000, plus an estimated $2,500 for additional related closing costs/fees and for the approval of the budget adjustment. This purchase will increase the size of the YRCC acreage from 1.94 acres to 2.24 acres. 2250.520.9256-5805.00 Account Number 21013.1 Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Parks Development Fund YRCC Land Acquisition Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 75,000.00 $ 77,500.00 $ 2,500.00 V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 20, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Lee Farmer, Recreation Superintendent DATE: July 1, 2021 CITY COUNCIL MEMO SUBJECT: Purchase of .3 acres of land adjacent to the Yvonne Richardson Community Center to be incorporated into the YRCC park area. RECOMMENDATION: Resolution to purchase .3 acres from the Heirs of the Estate of Bobby E. York located on Mountain Street as Lot 27A located north of the Yvonne Richardson Community Center (YRCC) for $75,000 plus an estimated $2,500 for closing costs and approval of budget adjustment. This will increase the size of the YRCC from 1.94 to 2.24 acres BACKGROUND: YRCC is a popular community facility that is limited by the small size of the park property. This purchase of .3 acres will increase the park size from 1.94 to 2.24 acres. Spout Spring Branch runs through the western section of this property. This land does not include the house to the south of the property. See the location map within the Land Sale Agreement. Friends of YRCC Board has approved the purchase of this property on April 7, 2021 at their Special Board Meeting. DISCUSSION: There were several negotiations in the purchase of this property. The City hired Avaluations, LLC to conduct an appraisal of the property. The property was appraised at $68,000 and negotiated to $75,000. BUDGET/STAFF IMPACT: Funding for this project of $77,500 is provided by the Southeast Park Land Dedication Fund. A budget adjustment is requested to recognize this funding. Attachments: 1. Land Sale Agreement 2. Appraisal 3. Budget Adjustment Parks/Park/YRCC/Bond and Land Purchase/Land Purchase/Legistar Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LAND SALE AGREEMENT This Land Sale Agreement is made and entered into by and between the City of Fayetteville, Arkansas, a municipal corporation of the State of Arkansas (hereinafter "City" or "Fayetteville") and Vanessa S. Cook, Datrin Lee Cook, Myneeka Holloway, Theresa Marcelous, Bobby York, Jr. Michael York, Sr. and Jacqueline Walker, as heirs of the Estate of Bobby E. York, deceased (hereinafter "the Sellers"). TERMS AND CONDITIONS PURCHASE Subject to the terms and conditions, mutual promises and covenants of this Agreement, the City of Fayetteville agrees to purchase a parcel of about 0.3 acres (hereinafter "the Property") located on East Mountain Street (Parcel #765-12805-000) by general warranty deed from the Sellers for the amount of SEVENTY FIVE THOUSAND DOLLARS ($75,000.00). This Property of about 0.3 acres is legally described in Exhibit A and is shown in the map attached as Exhibit B. 2. SALE Subject to the terms and conditions, mutual promises and covenants of this Agreement, the Sellers to sell the Property for SEVENTY FIVE THOUSAND DOLLARS ($75,000.00) to be paid to the Sellers by the City on or before the Closing Date. 3. CLOSING DATE AND PLACE Closing shall occur within 90 days following the date this Agreement has been executed by both parties. The Closing shall occur at 113 West Mountain Street, Fayetteville, Arkansas in a room supplied by the City of Fayetteville or at any other place convenient to the parties. The Closing Date may be extended upon the mutual agreement of both parties. 4. DATE OF POSSESSION Possession of the Property shall be delivered to the City of Fayetteville on the Closing Date free of any tenancies or other third party possessory rights. 5. TITLE INSURANCE The Sellers shall order a title commitment on the Property, as soon as practicable following the full execution of this Agreement, through a title insurance company selected by the Sellers and acceptable to the City. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), The Sellers shall have thirty (30) days from the date of the City notice of such defects to make a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If such defects are not cured within thirty (30) days, the City may terminate this agreement or may, at its election, take title subject to any such defects. The cost of the title commitment and the cost of the owner's title policy shall be borne by the Sellers. 6. DEED AND OTHER DOCUMENTS On the Closing date, the Sellers shall convey marketable and insurable title to the premises by general warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement, subject only to current real estate taxes, if any (to be apportioned between the parties) and existing easements. The City and the Sellers shall equally share the cost of a reasonable closing fee imposed by the closing agent employed by parties provided however that the City shall be responsible for any revenue stamps resulting from this transaction and all recordings fees for the deed and other documents that need to be filed. 7. RISK OF LOSS Risk of loss as to the Property shall remain with the Sellers until the Closing date. 8. THE CITY OF FAYETTEVILLE'S DUE DILIGENCE The City may enter upon the Property to conduct any surveying, testing or inspection it deems necessary to ensure the Property will be appropriate and safe for the construction and use for its facilities. If the City discovers any problems that would adversely impact its development and use of the Property for its facilities, the City shall notify the Sellers who shall be granted sixty (60) days to remediate any problem. The Sellers may also terminate this Agreement without penalty rather than remediating any problem or issue discovered by the City. 9. NOTICES Notices required by this Agreement shall be in writing and shall be delivered to: City of Fayetteville ATTN: Mayor's Office 113 W. Mountain Street Fayetteville, AR 72701 10. A UTHORITY Myneeka Holloway 4009 Sapphire Loop Round Rock, TX 78681 Each of the undersigned individuals represent and warrant that they are authorized to enter into this Agreement on behalf of their respective entities or parties and that execution hereof will bind the entities or parties to this Agreement. 2 11. COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. 12. FACSIMILE For purposes of executing this Agreement, a scanned or facsimile signature shall be as effective an as actual signature. 13. APPLICABLE LAW This Agreement shall be construed and enforced in accordance with the laws of the State of Arkansas with venue in Washington County, Arkansas. 14. SURVIVAL The representations, warranties, and agreements of the parties contained herein shall survive the closing date. 15. NO WAIVERS The waiver by either party hereto of any condition or the breach of any term, covenant or conditions herein contained shall not be- deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. 16. TIME OF ESSENCE Time is of the essence in this Agreement. 17. INVALIDITY If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity, it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in frill force and effect and shall be binding upon the parties hereto. 18. COMPLETE AGREEMENT All understandings and agreements heretofore existing between the parties are merged into this Agreement that alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to the City at closing. 3 IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale Agreement and after being properly authorized by their governing body and co -owners, the parties' representatives sign theme naxnes below: Date: r _ Date: Datrin Lee Cook Date: Myneeka Holloway Date: Theresa Marvelous Date: Bobby York, Jr. Date: Michael York, Sr. Date: _ Jacqueline Walker CITY OF FAYETTEVILLE, ARKANSAS By: Lioneld Jordan, Mayor Date: ATTEST Bv: Kara Paxton City Clerk -Treasurer IN AGREEMENT" WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale Agreement and after being properly authorized by their governing body and co -owners, the parties' representatives sign their names below: SEL Cook Datrin Leeaok'` Xe�'477A Myneeka Theresa Marcelous Bobby York, Jr. Michael V •k, Sr. Ja q line Walker CITY OF FAYETTEVILLE, ARKANSAS -00 Lioneld Jordan, Mayor Date; Date: Date: % Date: Date: Date: Bate;; Date: ATTEST By: Kara Paxton City Clerk -Treasurer 4 IN AGREEMENT WITH ALL 01" TIDE `I'ER.MS AND CONDfrIONS of this Land Sale Agreement and after being properly authorized by their governing body and co -owners, the parties' representatives sign their names below: SELLERS: Vanessa Cook Datri.n Lee Cool Myneeka Holloway Theresa Marcelous Robby York, Jr. Michael York, Sr. Jacqueline Walker CITY OF FAYETTEVILLE, ARKANNSAS By: Lioneld Jordan, Mayor Date: Date: Date: Date: Date: 6,5 Lolao�l Date: Date- Date - ATTEST 0 Mara Paxton City Cleric -Treasurer 4 IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale Agreement and after being properly authorized by their governing body and co -owners, the parties' representatives sign their names below: SELLERS: Date:: Vanessa Cook Date: Datrin Lee Cook - - Date: Myneeka Holloway Date: Theresa Marcelous Date'. Bobby York, Date: Michael York, Sr. Date: Jacqueline Walker CITY OF FAYETTEVILLE, ARKAN'SAS By: ATTEST Lloneld Jordan, Mayor Date: Kara Paxton City Clerk -Treasurer 4 IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale Agreement and after being property authorized by their governing body and co -owners, the parties' representatives sign their names below: SELLERS: Date: Vanessa Cook Date: Datrin Lee Cook Date: Myneeka Holloway Date: Theresa Marcelous Date: Bobby York, Jr. ' JZ 2 / Date: Michael York, Sr. Date: Jacqueline Walker CITY OF FAYETTEVILLE, ARKANSAS By: ATTEST Lioneld Jordan, Mayor Bv: Date: 4 Kara Paxton City Clerk -Treasurer f ILA III�' � yyHfarK � ,�•rt 11y111b I " 1 nf.4 11 l 1141'tiell 1 I nIJIF;R Wr4 11f'rrelr �'1�f'1'f'IIi1fa! '$P, m I )A ,- 11sl� f AIla , PaIr 1li{�fllll'}IISP E� fliF i f I "mc ( lollt id J4ll ds it, .I r Kalil Yatxion ('itr Clerk--1 wjlkm t EXHIBIT "A" PROPERTY DESCRIPTION Lot 27-A in the County Court Plat of the Southwest Quarter (SW'/4) of Section Fifteen (15), in Township Sixteen (16) North, Range Thirty (30) West of the City of Fayetteville, Arkansas, as the said in known and designated upon the recorded Plat of said Addition now on record in the office of the Recorder of Washington County, Arkansas. APPRAISAL OF REAL PROPERTY _ ...7'v -�._ 8?. r°✓'��:!��' �.`.'R.e�NY:a4�i7�$fui ti� �t".„��,.s, yo..,.-��'`" �§8>"'v..� "n-:r..a, xz s":+fie LOCATED AT Mountain St Fayetteville, AR 72701 Lot 27A, County Court Plat FOR City of Fayetteville 115 S. Church Street Fayetteville, AR 72701 OPINION OF VALUE 68,000 AS OF 03/08/2020 BY Aaron Crawley Avaluations, LLC PO Box 2991 Fayetteville, AR 72702-2991 (479) 695-1371 avalue@cox-internet.com Form GA1V LTR - "TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE LAND APPRAISAL REPORT File No. Citv of Favetteville Borrower City of Fayetteville Census Tract 0113.00 Map Reference 22220 Property Address Mountain St City Fayetteville County Washington State AR Zip Code 72701 Legal Description Lot 27A Coun Court Plat Sale Price $ N/A Date of Sale N/A Loan Term N/A yrs. Property Rights Appraised ® Fee ❑ Leasehold ❑ De Minimis PUD Actual Real Estate Taxes $ 208.62 (yr) Loan charges to be paid by seller $ 0 Other sales concessions None Lender/Client City of Fayetteville Address 115 S. Church Street Fayetteville, AR 72701 Occupant Vacant Appraiser Aaron Crawley Instructions to Appraiser The intended use of this appraisal is to establish a potential offer price for the intended user - City of Fayetteville. Location ❑ Urban ® Suburban ❑ Rural Good Avg. Fair Poor Built Up ® Over 75% ❑ 25% to 75% ❑ Under 25% Employment Stability ❑ ® ❑ ❑ Growth Rate ❑ Fully Day. ❑ Rapid ® Steady ❑ Slow Convenience to Employment ❑ ® ❑ ❑ Property Values ❑ Increasing ® Stable ❑ Declining Convenience to Shopping ❑ ® ❑ ❑ Demand/Supply ❑ Shortage ® In Balance ❑ Oversupply Convenience to Schools ❑ ® ❑ ❑ Marketing Time ® Under 3 Mos. ❑ 4-6 Mos. ❑ Over 6 Mos. Adequacy of Public Transportation ❑ ® ❑ ❑ Present Land Use 65% 1 Family 5% 2-4 Family 5% Apts. 2% Condo 15% Commercial Recreational Facilities ❑ ® ❑ ❑ %Industrial 3%Vacant 5% Recreational Adequacy of Utilities ❑ ® ❑ ❑ Change in Present Land Use ® Not Likely ❑ Likely (*) ❑ Taking Place (*) Property Compatibility ❑ ® ❑ ❑ (*) From To Protection from Detrimental Conditions ❑ ® ❑ ❑ Predominant Occupancy ® Owner ❑ Tenant 5 % Vacant Police and Fire Protection ❑ ® ❑ ❑ Single Family Price Range $ 50,000 to $ 1,000,000 Predominant Value $ 200,000 General Appearance of Properties ❑ ® ❑ ❑ Single Family Age 0 yrs. to 135 yrs. Predominant Age 40 yrs. Appeal to Market ❑ ® ❑ ❑ Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise): The subject is located in a residential neighborhood comprised mostly of single family homes of average quality. The subject property is located in dose proximity to employment centers schools and hospitals. The unemployment rate in Northwest Arkansas is lower than state and national averages. Dimensions N/A (size taken from GIS) = 13,410 Sq. Ft. or Acres ❑ Comer Lot Zoning classification RMF-24 Present Improvements ® do ❑ do not conform to zoning regulations Highest and best use ❑ Present use ® Other (specify) Multi -Family Residential Public Other (Describe) OFF SITE IMPROVEMENTS Topo Level to Sloping Elec. ® Street Access ® Public ❑ Private Size Typical for area Gas ® Surface Asphalt Shape Rectangular Water ® Maintenance ® Public ❑Private View Res./ Comm. San. Sewer ® ® Storm Sewer ® Curb/Gutter Drainage Appears adequate ❑ Underground Elect. & Tel. ® Sidewalk ❑ Street Lights Is the property located in a HUD Identified Special Flood Hazard Area? ❑ No ® Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions): The subject site is typical in size, shape, and topography for the neighborhood. Spout Spring Branch runs through the western section of the subject property. The City of Fayetteville has adopted the Streamside Protection Ordinance which limits development with a 50' buffer from the top of the bank. Therefore, a portion of the subject land is not develo abl based upon this ordinance. Also, it appears that a neighboring arcel utilizes a portion of the subject site for access to Mountain Street. The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject. ITEM I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address Mountain St 504 W Prairie St 11 N Willow Ave E Rock St Fa etteville Fayette ille, AR 72701 Fayetteville, AR 72701 Fa etteville, AR 72701 Proximity to Subject 0.67 miles W 0.08 miles NE 0.08 miles S Sales Price $ N/A I$ 6.4 $ 7.06 $ 13.27 Price Overall $ $ 290,000 $ 120,000 $ 70,000 Data Source CHR #765-12941-000+ NWA MLS#1101978; DOM 87 NWA ML#1156- 35- DOM 56 Date of Sale and DESCRIPTION DESCRIPTION + — $ Adjust. DESCRIPTION + — $ Adjust. DESCRIPTION + — $ Adjust. Time Adjustment N/A 03/31/2020 04/25/2019 10/06/2020 Location East - Downtown Fay. West - Downtown Fa -1.6 East - Downtown Fa East - Downtown Fa • Site/View Res./ Comm. Res./ Comm. Res./ Comm. Res./ Comm. Site Size 13,410 sf 45,302 sf +0.32 16,988 sf +0.04 5,275 sf -0.08 TO 0 ra h Level -Sloping Level -Gent) Sloping -0.64 Level -Gent) Sloping -0.71 Level -Gent) Sloping -1.33 Public Utilities All public All ublic All public All public Other Streamside Prot+Access Streamside Protection -0.32 Streamside Protection -0.35 None -6.64 Sales or Financing Conventional Conventional Conventional Concessions None Noted None Noted None Noted Net Ad'. Total + $ -2.24 + X $ 1.02 + X — :$ -8.05 Indicated Value of Subject $ 4.16 $ 6.04 $ 5.22 Comments on Market Data: The corn s were adjusted on a per sq. foot basis. Sale #1 is located in a superior location and was adjusted downward in location. Sales #1 & 2 have larger site sizes than the subject and were adjusted upward. Sale #3 has a smaller site size and was adjusted downward. All three sales have superior topography and were adjusted downward. All three sales lacks area within the Streamside protection or area needed for neighboring access. Comments and Conditions of Appraisal: The appraisal was conducted on an "As Is" basis. Personal property items were not included in the valuation. See the attached limiting conditions and supplemental addendum. Final Reconciliation: All three sales are good indicators of value for the subject property. Sales #1 & 3 are the recent sales and were given more might 35%each with Sale #2 given the remaining weight 309Ain estimating the market value of the subject. Therefore, the indicated value of the subject is $5.101 s . foot, for a total of'. 13,410 s . feet x $5.101 s . foot = $68,391; • Rounded to $68 000. I ESTI TE THE ARKET VA -bP111 D, OF SUBJECT PROPERTY AS OF 03/08/2021 to be $ 68,000 WWI `. GF1+c:.,tl 7 Aaron Crawley�' ❑ Did ❑Did Not Physically Inspect Property Appraiser(s) " Review Appraiser If applicable) [Y21<] Avaluations (479) 695-1371 Form LND - "TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE Supplemental Addendum File No. Citv of Favetteville Borrower QtV of Fa etteville Property Address Mountain St City Fayetteville County Washington State AR Zip Code 72701 Lender/Client City of Fayetteville Scope of Work & Intended Users Intended Users - The Intended User of this appraisal and appraisal report are as stated in the report form as follows: "The intended user of this appraisal report is the lender/client". No other intended users have been identified to the Appraiser and none are assumed. Pursuant to USPAP SRl-2.a, this appraisal is developed strictly and solely in accordance with those intended uses communicated to the Appraiser at the time of engagement. Use of this appraisal and appraisal report by other users is not intended by the appraiser. Unless otherwise identified by the Client as being an Intended User, all other third parties are considered to be unintended users, including but not limited to the current owner of the subject property, the borrower in the pending loan transaction, other mortgage lending institutions and other governmental agencies not involved in the mortgage lending process. Specifically, any potential buyers or outside lenders contemplating purchase or mortgage activity on this property are urged to seek a separate opinion of value from a competent and duly licensed/certified appraiser. Any additional requests in this assignment by third parties must be requested in writing and may either be declined or if performed may be subject to additional billing to recover the costs associated with such requests. Intended Use - The Intended Use of this appraisal and appraisal report as stated in the report form is "for the lender/client to evaluate the property that is the subject of this appraisal to establish a potential offer price". No other intended uses have been communicated to the Appraiser and none are assumed. Pursuant to USPAP SR1-2b, this appraisal is developed strictly and solely in accordance with those intended uses communicated to the Appraiser at the time of engagement. Please note that only a primary lending institution can make a decision with respect to a mortgage finance transaction. Non -lenders and secondary market participants do not make these decisions and their uses, if any, have not been communicated to the Appraiser. If a third party to this appraiser -client relationship desires an appraisal for their own uses, they are urged to seek one developed specifically for their uses from a competent and appropriately licensed/certified appraiser. The Appraiser in this assignment cannot accept responsibility for uses not otherwise identified at the time of engagement. Use of this appraisal report for other purposes is therefore not intended by the appraiser. Use: Reading the appraisal report or possessing the report does not constitute use. Relying on the appraisal report to understand how the appraiser developed the opinion of value does not constitute use. Use means relying on the appraisal report to make a decision or to take an action. Although Fannie Mae's report form states the borrower and other 3rd parties "may rely" upon this report, Fannie Mae has declined to identify all of the other intended users or any of the other intended uses for which these parties "may rely" upon the report. The purpose of the Appraiser's clarification of the Intended Users and Intended Use is to establish specific expectations for this work -product in compliance with USPAP, as opposed to the additional undisclosed and/or unknowable expectations as are omitted in the report form. Any criticism of this apparent contradiction should be directed to the weaknesses of the language used in the form, which is considered a vehicle for communicating the results of an appraisal developed and reported by an Appraiser. This report may contain comments, conditions, and/or certifications added by the signing appraiser including, but not limited to, this Supplemental Addendum. These items shall supersede and take precedence over all other language, requirements, or conditions contained in any preprinted and/or third -party forms or documents included in, or incorporated by reference into, the appraisal report. Ownership of Intellectual Property and/or Data — Avaluations, LLC expressly retains all right, title, and interest in all patents, trademarks, trade names, trade secrets, software, data, conclusions, opinions, valuations, or other information included in, arising out of, or in any way related to this appraisal or the provision of appraisal services to the named client and/or Intended User. The report and information supplied by the staff and/or agents of Avaluations, LLC is a culmination of intellectual education, professional experience, personal investigation, and know-how, which shall at all times remain the property of Avaluations, LLC. No person shall be entitled to break down, strip out, mine, or disseminate any component or part of this report, including, but not limited to, any conclusions, valuations, opinions, or other data compilations herein. Notwithstanding, the Intended User as defined above may use this appraisal report and the contents herein for the limited purpose and use identified above. Scope of Work - The appraiser has proposed and the Client has agreed (prior to submission) that the level of development and reporting detailed above is sufficient to address the substantiate criteria of a reasonable Scope of Work within the context of the Intended Users and Intended Use. With the exception of revisions made for the purpose of correction of any errors, the Appraiser does not anticipate further development or reporting requirements for this assignment. Any additional requests from the Client or any third parties may represent a change in the assignment conditions and require the development of a new assignment. With the exception of corrections of any errors or omissions, any additional requests must be made in writing and may be subject to additional billing to recover the costs associated with the additional work. The appraisal is based on the information gathered by the appraiser from public records, other identified sources, complete visual observation of the interior and exterior of the subject property, its neighborhood, and selection of comparable sales within the subject's market area. The original source of the comparables is shown in the Data Source section of the market grid along with the source of confirmation, if available. The sources and data are considered reliable. When conflicting Form TADD - "TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE Supplemental Addendum File No. Citv of Favetteville Borrower QtV of Fa etteville Property Address Mountain St City Fayetteville County Washington State AR Zip Code 72701 Lender/Client City of Fayetteville information was provided, the source deemed most reliable has been used. Data believed to be unreliable was not included in the report nor used as a basis for the value conclusion. The subject property was identified to the appraiser by the client providing the property address and the current owner's name. A tax card was pulled for that address via a third party provider. The following approaches to value have been considered in the scope of work decision for the main "Value Opinion": The Direct Comparison (Sales) Approach was performed. At least one of the signees on the Certification are competent in all aspects of this assignment. A Level "A" market analysis was performed which is general and descriptive in nature. Historic data and selected comparables are analyzed to gauge the economic climate of the subject's market. Extent of Research of the Subject Property The Census Tract information for the subject property was obtained from a third party provider based on the property address via my appraisal software. The flood zone information for the subject property was obtained from a third party provider based on the property address via my appraisal software. The location of the subject property was found by a computer mapping system based on the address of the property that was provided to the appraiser. The subject property's County Tax Assessor's information, via a third party source, was researched for past sales and physical characteristic information. The subject property's zoning was obtained from a zoning map and the accompanying zoning descriptions. This information was provided by the zoning authority. Neither police records nor past issues of newspapers have been researched concerning the subject property's past use for anything that might effect the safety or health of present and future occupants. This includes but is not limited to the by-products of methamphetamine production, infectious disease, or environmental hazards. If available in the normal course of business the appraiser has evaluated any previous sales within the past 3 years prior to the effective date of the appraisal, and current contract, listing, or option of the subject property for its applicability in forming an opinion of current market value and/or marketability. Extent of the Analysis & Associated Research The following analysis and associated research have been performed in conjunction with the main opinion of value: An opinion of the site value was formed by the Direct Comparison Approach. A qualitative analysis considering the land size, date of sale and location were considered. The comparable properties were obtained from the local MLS and/or Tax office. The tax data was supplied by a third party provider. The physical property characteristics, sales price, and date were not verified by any other source. However, the second hand data records were analyzed for errors and inconsistencies. The records with errors and inconsistencies. were not used. Records that showed a large discrepancy from the other data was not used. This appraisal utilizes digitized electronic signatures that prevent the altering of the appraisal report in any manor with the removal of the appraiser's signature. These signatures are secure and irrevocable, binding the appraiser(s) to the accuracy and completeness of the appraisal report. Additional Comments • The comments in this addendum are intended to expand on the information provided on the form appraisal. It is my desire to insure that the client fully understands the appraisal process and methodology as well as the facts pertinent to the valuation of the subject property. The expanded narrative provided in this addendum is an effort to clarify those areas of the report that we have found that cause the most concern to our clients. • No items of personal property are included in the appraised value of the subject. • In the preparation of this appraisal some or all of the photographs may be digitized. In no case have the photos been altered of manipulated in any manner. All photos are accurate representations of the properties. • The Americans with Disabilities Act (ADA) became effective January 26, 1992. This inspection does not represent a specific compliance survey or analysis to determine whether of not the physical aspects of the improvements meet the ADA accessibility guidelines. This inspection in no way suggests ADA compliance. Since compliance expectations can change with each owner's financial ability to cure deficiencies, the value of the subject does not consider possible noncompliance. Opinions or estimates expressed herein represent our best judgment but should not be construed as advice or recommendation to act. The appraiser should be contacted with any questions before this report is relied upon for decision making. This appraisal represents an estimate of value based on an analysis of information known to us at the time the appraisal was completed. We do not assume any responsibility for incorrect analysis because of incorrect or incomplete information, which was provided to the appraiser. If new data or documentation is provided to the appraiser, the value in this report is subject to change based on the significance of this new data. Form TADD - "TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE Supplemental Addendum File No. Citv of Favetteville Borrower QtV of Fa etteville Property Address Mountain St City Fayetteville County Washington State AR Zip Code 72701 Lender/Client City of Fayetteville Adverse Environmental Conditions The existence of any Hazardous material, including but not limited to, Urea formaldehyde foam insulation, radon gas, asbestos products, lead based paints or toxic waste contaminant, which may or may not be present in the subject improvements, on the site or in the immediate vicinity of the subject has not been observed by the appraiser. The appraiser has no knowledge of the existence of such hazardous material in or on the property. While the appraiser has made a diligent observation of the subject property and none of these indicators were noted, the only way to insure that this problem is not present is to have the property tested. Highest and Best Use Highest and Best Use is that reasonable and probable use that will support the highest present value, as defined, as of the effective date of the appraisal. Alternatively, it is that use, from among legally permissible, physically and reasonably possible uses, found to be economically and financially feasible, and which results in the most profitable of the alternatives. Given the current zoning, location and size of the site, surrounding land uses (recognizing the principle of conformity) and development characteristics of the market area, it is my opinion that the highest and best use of the property "as vacant" is for multi -family residential development. Comments on the Sales Comparison Analysis Since not every subject can be compared to "ideal" comparable sales, the appraiser has chosen what are believed to be the best comparable sales available from a thorough and extensive search for comparable sales data in the subject's market. The sales selected for use in the analysis are considered to be the best indicators of value for the subject property. Other sales reviewed would have required excessive adjustments and were not considered to be as reliable as the sales chosen. The Arkansas Realtors Association has come to the conclusion that disclosing seller concessions and financing type "without the express consent from all parties violates numerous laws" (per letter to all members dated 08/13/2009). Therefore, the local MLS systems does not report these items and the realtors have been advised not to disclose this information. As such, no verification could be made for seller concessions and financing type. Unless otherwise indicated, the sales and financing concessions fields are indicated as conventional financing with no concessions noted. Adjustments within the Sales Comparison Analysis are based on the market extraction method, generally employing the matched pair process, and not specifically based on cost figures. Every effort has been made to conform to FHLMC/FNMA Guidelines and in most cases, an even stricter interpretation found common to most investors in the secondary market. Form TADD - "TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE —�unINuviw unu uiiuuiiy vvi IUILIVIw rues uivai This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal assignment, including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report. INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lender/client. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third parry institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 3. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 4. The appraiser has noted in this appraisal report any adverse conditions (such as the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent deficiencies or adverse conditions of the property (such as, but not limited to, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 5. If the appraiser has based his or her appraisal report and valuation conclusion for an appraisal subject to certain conditions, it is assumed that the conditions will be met in a satisfactory manner. Form ACR3 - "TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE !1 .1'[• � mil' UeallicaLlUl15 File# City of Fayetteville APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. 1 have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2. 1 performed a complete visual inspection of the subject property. I reported the site characteristics in factual, specific terms. 3. 1 performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. 1 developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. 5. 1 researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. 1 researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report. 7. 1 selected and used comparable sales that are Iocationally, physically, and functionally the most similar to the subject property. 8. 1 have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 9. 1 verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 10. 1 have knowledge and experience in appraising this type of property in this market area. 11. 1 am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property is located. 12. 1 obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 13. 1 have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, but not limited to, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 14. 1 have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct. 15. 1 stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 16. 1 have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 17. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). 18. 1 personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 19. 1 identified the lender/client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. 20. The lender/client may disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower; the mortgagee or its successors and assigns; mortgage insurers; government sponsored enterprises; other secondary market participants; data collection or reporting services; professional appraisal organizations; any department agency, or instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other media). Form ACR3 - "TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE Wl LIIIIiGLI- - rues uivol 21. 1 am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 22. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature", as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. 23. Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that 1. 1 directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. 1 accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub -contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature", as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER snerE �' Signature a" Name Aaron Crawley Company Name Avaluations, L .z-;'':�0 Company Address PO Box 2991 Fayetteville, AR 72702-2991 Telephone Number (479) 695-1371 Email Address avalue(a)cox-internet.com Date of Signature and Report 03/10/2021 Effective Date of Appraisal 03/08/2020 State Certification # CG1562 or State License # or Other (describe) State # State AR Expiration Date of Certification or License 06/30/2021 ADDRESS OF PROPERTY APPRAISED Fayetteville, AR 72701 APPRAISED VALUE OF SUBJECT PROPERTY $ 68,000 LENDER/CLIENT Name Holly Jones Company Name City of Fayetteville Company Address 115 S. Church Street Fayetteville, AR 72701 Email Address hiones(a)fayetteville-ar.gov SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Name Company Name Company Address Telephone Number Email Address Date of Signature State Certification # or State License # State Expiration Date of Certification or License SUBJECT PROPERTY ❑ Did not inspect subject property ❑ Did inspect exterior of subject property from street Date of Inspection ❑ Did inspect interior and exterior of subject property Date of Inspection COMPARABLE SALES ❑ Did not inspect exterior of comparable sales from street ❑ Did inspect exterior of comparable sales from street Date of Inspection Form ACR3 - "TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE Avaluations (479) 695-1371 MULTI -PURPOSE SUPPLEMENTAL ADDENDUM City of Fayetteville Borrower CitV of Fa etteville Property Address Mountain St City Fayetteville County Washington State AR Zip Code 72701 Lender/Client CitV of Fayetteville This Multi -Purpose Supplemental Addendum for Federally Related Transactions was designed to provide the appraiser with a convenient way to comply with the current appraisal standards and requirements of the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of Currency (OCC), the Office of Thrift Supervision (OTS), the Resolution Trust Corporation (RTC), and the Federal Reserve. This Multi -Purpose Supplemental Addendum is for use with any appraisal. Only those sections and statements which have been marked by the appraiser apply to the property being appraised. ® PURPOSE, INTENDED USE & INTENDED USER(S) OF APPRAISAL The purpose of the appraisal is to estimate the market value as defined herein, or ❑ • Intended use of the appraisal report: establish a potential offer price • Intended user(s) of the appraisal report (by name or type): City of Fayetteville O This is a federally related transaction. ® EXTENT OF APPRAISAL PROCESS • The appraisal is based on the information gathered by the appraiser from public records, other identified sources, inspection of the subject property and neighborhood, and selection of comparable sales within the subject market area. The original source of the comparables is shown in the Data Source section of the market grid along with the source of confirmation, if available. The original source is presented first. The sources and data are considered reliable. When conflicting information was provided, the source deemed most reliable has been used. Data believed to be unreliable was not included in the report nor used as a basis for the value conclusion. O The Reproduction/Replacement Cost is based on: supplemented by the appraiser's knowledge of the local market. O Physical depreciation is based on the estimated effective age of the subject property. Functional and/or external depreciation, if present, is specifically addressed in the appraisal report or other addenda. In estimating the site value, the appraiser has relied on personal knowledge of the local market. This knowledge is based on prior and/or current analysis of site sales and/or abstraction of site values from sales of improved properties. O The subject property is located in an area of primarily owner -occupied single family residences and the Income Approach is not considered to be applicable. For this reason, the Income Approach was not used. O The Estimated Market Rent and Gross Rent Multiplier utilized in the Income Approach are based on the appraiser's knowledge of the subject market area. The rental knowledge is based on prior and/or current rental rate surveys of residential properties. The Gross Rent Multiplier is based on prior and/or current analysis of prices and market rates for residential properties. O For income producing properties, actual rents, vacancies and expenses have been reported and analyzed. They have been used to project future rents, vacancies and expenses. • The cost and income approaches are not applicable due to the subject being vacant land. ® FEMA FLOOD HAZARD DATA ® Flood mapisattached O Subject property is not located in a FEMA Special Flood Hazard Area. • Subject property is located in a FEMA Special Flood Hazard Area. Zone I FEMA Map/Panel # I Map Date Name of Community X & AE 05143CO22OF 5/16/2008 1 Fayetteville O The community does not participate in the National Flood Insurance Program. • The community does participate in the National Flood Insurance Program. It is covered by a regular program. O It is covered by an emergency program. Analysis/Comments: ® CURRENT SALES CONTRACT The subject property is currently not under contract. O The contract and/or escrow instructions were not available for review. The unavailability of the contract is explained later in the addenda section. O The contract and/or escrow instructions were reviewed. The following summarizes the contract: Contract Date Amendment Date Contract Price Seller Owner of Record Cook; Cook; Hollowa ; Marcelous; O The contract indicated that personal property was not included in the sale. O The contract indicated that personal property was included. it consisted of Estimated contributory value is $ O Personal property was not included in the final value estimate. O Personal property was included in the final value estimate. O The contract indicated no financing concessions or other incentives. O The contract indicated the following concessions or incentives: O If concessions or incentives exist, the comparables were checked for similar concessions and appropriate adjustments were made, if applicable, so that the final value conclusion is in compliance with the Market Value defined herein. Analysis/Comments: Page 1 of 3 Form MPA4 - "TOTAL" appraisal software by a la mode, Inc.-1-800-ALAMODE ® MARKET OVERVIEW Include an explanation of current market conditions and trends. • 0-3 months is considered a reasonable exposure time for the subject property at a value range of $ 65,000 to $ 75,000 Analysis/Comments: • 0-3 months is estimated to be the marketing time for the subject property. Analysis/Comments: O Marketing Factors: ® SUBJECT PROPERTY OFFERING INFORMATION According to Northwest Arkansas Regional MLS the subject property: has not been offered for sale in the past: ❑ 30 days ® 1 year ❑ 3 years. O is currently offered for sale for $ O was offered for sale within the past: ❑ 30 days ❑ 1 year ❑ 3 years for $ O Offering information was considered in the final reconciliation of value. O Offering information was not considered in the final reconciliation of value. O Offering information was not available. The reasons for unavailability and the steps taken by the appraiser are explained later in this addendum. Analysis/Comments: ® SALE/TRANSFER HISTORY & ANALYSIS OF SUBJECT PROPERTY According to the following data source(s): Washington County Courthouse Records the subject property: • Has not transferred ❑ in the past one year. ® in the past three years. ❑ in the past five years. O Has transferred ❑ in the past one year. ❑ in the past three years. ❑ in the past five years. O All prior sales or transfers occurring in the past 3 years prior to the Effective Date of Appraisal are listed below. IDate of Sale/Transfer I Price of Sale/Transfer ISeller IBuver IData Source(s) I Effective Date of Data Sources I Sale/Transfer History Analysis/Comments: ® SALE/TRANSFER HISTORY & ANALYSIS OF COMPARABLE SALES all prior sales or transfers occurring in the past 1 year prior to the most recent date of sale or transfer are listed below. PRIOR SALE/TRANSFER # 1 COMPARABLE # 1 COMPARABLE # 2 COMPARABLE # 3 Date of Sale or Transfer Price of Sale or Transfer Seller Buyer Data Source(s) Effective Date of Data Source(s) PRIOR SALE/TRANSFER # COMPARABLE # COMPARABLE # COMPARABLE # Date of Sale or Transfer Price of Sale or Transfer Seller Buyer Data Source(s) Effective Date of Data Source(s) Comparables Sale/Transfer History Analysis/Comments: None of the comparable sales have sold or transferred within the past year prior to the recent transactions indicated on the sales grid. Page 2 of 3 Form MPA4 - "TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE ® ADDITIONAL CERTIFICATIONS The Appraiser certifies and agrees that: (1) The analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (" USPAP"). (2) Their compensation is not contingent upon the reporting of predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. (3) This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. ® ENVIRONMENTAL LIMITING CONDITIONS The appraiser's opinion of value is based on the assumption that the property is not negatively affected by the existence of hazardous substances or detrimental environmental conditions unless otherwise stated in this report. The appraiser is not an expert in the identification of hazardous substances or detrimental environmental conditions. The appraiser's routine inspection of and inquiries about the subject property did not develop any information that indicated any apparent significant hazardous substances or detrimental environmental conditions which would affect the property negatively unless otherwise stated in this report. It is possible that tests and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or detrimental environmental conditions on or around the properly that would negatively affect its value. ® HIGHEST & BEST USE ANALYSIS Analysis/Comments: As Vacant: Multi -Family Residential O As Improved: ® EFFECTIVE DATE OF APPRAISAL (if not current, see comments). This appraisal report reflects the following value: ® Current ❑ Retrospective ❑ Prospective Effective Date of the Appraisal: 03/08/2021 Comments on the Effective Date ❑ ADDITIONAL COMMENTS ® APPRAISER'S SIGNATURE & LICENSE/CERTIFICATION sTR'E CEP - Appraiser's Signature eot� Inspection Date 03/08/2021 Signed Date 03/10/2021 Appraiser's Name Aaron Crawley " .. Phone # (479) 695-1371 State AR ❑ License or ® Certification # CG1562 Exp. 06/30/2021 Tax ID # 71-0858258 ❑ Appraiser is certified underthe following CE prograni ❑ CO-SIGNING APPRAISER'S CERTIFICATION O The co-signing appraiser has personally inspected the subject property, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. The report was prepared by the appraiser under direct supervision of the co-signing appraiser. The co-signing appraiser accepts responsibility for the contents of the report including the value conclusions and the limiting conditions, and confirms that the certifications apply fully to the co-signing appraiser. O The co-signing appraiser has not personally inspected the interior of the subject property and: O has not inspected the exterior of the subject property and all comparable sales listed in the report. O has inspected the exterior of the subject property and all comparable sales listed in the report. O The report was prepared by the appraiser under direct supervision of the co-signing appraiser. The co-signing appraiser accepts responsibility far the contents of the report, including the value conclusions and the limiting conditions, and confirms that the certifications apply fully to the co-signing appraiser with the exception of the certification regarding physical inspections. The above describes the level of inspection performed by the co-signing appraiser. O The co-signing appraiser's level of inspection, involvement in the appraisal process and certification are covered elsewhere in the addenda section of this appraisal. ❑ CO-SIGNING APPRAISER'S SIGNATURE & LICENSE/CERTIFICATION Co -Signing Appraiser's Signature Inspection Date Signed Date Co -Signing Appraiser's Name Phone # state _ ❑ License or ❑ Certification # Exp. Tax ID # ❑ Co -Signing Appraiser is certified under the following CE program(s): Page 3 of 3 Form MPA4 - "TOTAL" appraisal software by a la mode, Inc.-1-800-ALAMODE Subject Photo Page Borrower City of Fayetteville Property Address Mountain St City Fayetteville County Washington State AR Zip Code 72701 Lender Client City of Fayetteville Subject Site Mountain St Sales Price N/A Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location East - Downtown Fay. View Res./ Comm. Site Quality Age Subject Site Subject Street Form PIC3x5.SR -"TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE Subject Photo Page Borrower City of Fayetteville Property Address Mountain St City Fayetteville County Washington State AR Zip Code 72701 Lender/Client City of Fayetteville Subject Site Mountain St Sales Price N/A Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location East - Downtown Fay. View Res./ Comm. Site Quality Age Subject Site Subject Site Form PIC3x5.SR -"TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE • R BARKER. B,� KER, BOBBY: �t U .: • . B[]E3B1': BARKFR• �R l R. BAR1iER. JERCrME; iFR(rN7f; LOVE. SHERRY a' - IFRONtI.; ,R r Lt.r�'Lo S�♦[G t+RY f LOVf-. SHERRY R ountain N %NI S` N: OOI)f F� GK. _�LRl\ ti l JAMES �' MISSIONARY LWTIST FA) FTT I VIi 1 , i el V _ BLACKBURN. W STJAMES FI_VA MISSIONARY BAPTIST t37 -•` r� Flood Map Borrower CitV of Fa etteville Property Address Mountain St City Fayetteville County Washington State AR Zip Code 72701 Lender/Client City of Fayetteville Inter■ Iood Uyalamade Wuar,.dsr - a IN u ® r but- LA _ c x Washington £aurlty Hlslnrlcal Society � Washington f nrckeon 3l C n1 C r!h s Prepared for AvaltWimans (47D) 595-1371 Mountain St Fayetteville, AR 72701 s P Lafey2tle $� E uoruyrlttr $T � Y � i o. rSurulrr.a W rJU y Ou CtU e �';ululy yr "4 a' I: 5�jrina{ j 1Spnhg ST L Z E 7doadvw •il � = x - Ecesom S: E Cron, •il FayonevlilR I Square Gardens Water 8 SEW.Lrr Y E Ruck st w 7� tV tr $,WM $ `..4ulT .SauHr Si eerrlsr feel; G Clubbaus Fitness i• MlSOQUuyah Gardens of r2Ilns1 V + A K a W S:IY SY �iIRS' qC N IF is • I ! 3, Jr i3lvd c c M,L1t Ir 8i € s Jefferson Park 9 '�urtrv.�� e� r - Map dat_ MAP DATA MAP LEGt34D P�Lvel d by'CVPLJo ; FEMA Spec -Jai Flood Hazard Area No Areas inundated by -50G-yearflooding ® Pratrcted Areas Map Number. MUCO220F Zone: X Areas inundated by IOD-year flooding ® Fioodway Map Date: may 16.2008 ❑ Velud.ty Hazard Subject Area FIPS 05143 Form MAP.FLOOD - "TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE Location Map Borrower CitV of Fa etteville Property Address Mountain St City Fa etteville County Washington State AR Zip Code 72701 Lender/Client City of Fayetteville a la made, Inc: W ILRWW,m St x , tallwin Sl J—v:' x EAblhmr9r ' E Uuridgy5t VAMedical Center E S W I•WrPi Sl .c g'^ p �Lr E clakwuod St g - r` „fir JAM WNdrtq St z Narihwest l7 l W Hughes Sr f NoriltE Nanh sl w ad�,t„ St E, Lakeado TJr W enrF � � G a E 0nx;er s p EJa cn CIF s CMZ W fagro St 7 2 m y. l7W Crehutn 5: = _ mum St z W Clrvrlatxl S[ 7� W11SON PARK S E E ProtPnt St E Fttospeit St r R a � c d {� � �r2aJsccra $t E'ReiwcSa $t z y • a _ r` a a W ldulSl; St _ E 'a v v a WASHFNGTOWWILLOW c z x Y.3 W ua St+ K `- Gun{rr St x si s a ' sl W Mvle S[ a m E h1aple Sr .5 E Mapre St �S4 Q i� A z V 2 a wwDyett.s. EIarayrrrre5% Elat-.yrt{e51 5OVTHWEST ,= z W'Watw sT SECtUOYAH z Woic6sun 5r Woi icon St COMPARABLE No.2 6 Eht ssoo"Wry • 3 11 N Willow Ave 4 a,08 miles NE r.' 3 a DICKSON ` w v E Spring St F.spring 5t e STREET z E a E Q a Z, z FCent" 5t COMPARABLE No. 1 W Muuhtun Sr — MOUNT SE4UOYAH SOUTI 504 W Prairie St �rJ16� Confrderata Efmdoerc or 0.57 miles W yCetne;'ery Dr TOWN MOUNTAIN5O C E 5t r � E�arkSs H e SUBJECT � q W-C �'r W5wth it .i w Mountain St F C ��`' n; a' S J4rchi+xa W alh5r COMPARABLE li alh 5t o No. 3 Cen; st •Cs 0, f p8 , DES S W ratnrhn Luther lNng Blvd cr w rph o } U t 7th'A E liiints�.lJu ttA F L] v rNariorwr N CP.RietC[y S a W llfrr St 1EFFERSONfWALKER w r'' E ttrh St E Nantuc"Pr ❑r t Swat Pr Walker Park E 121h St a � SW[Sh St a E13ur 5[ ?' k 13th AJ n n s per. 2� C Ella Sr 1 ` 16 - W 15th Sr l w E 15[n: St '^ E Eprnt Rd l't' Wakker S+ th`% Pch • r�S� q N � L L7 WtAta 5pr'n9gE. cl Bing, r=r .ts:.:,:�.�r�'s C- yy,. n r°wn.0 a .n W 54th Si *410sr so Juo[ racy. 2La m �2021•TnmT—A'2bil aM—t Cerpor .gu'r;oar.-S!•ee¢IAao T �114 Form MARLOC - "TOTAL" appraisal software by a la mode, inc.-1-800-ALAMODE Appraiser License Borrower CitV of Fa etteville Property Address Mountain St City Fayetteville County Washington State AR Zip Code 72701 Lender/Client City of Fayetteville SAS LICENSING ` APPRAISER & 0l`F� r s CERTIFICATION BOARD This is to certify that �., Aaron Crawley License M CG 1562 has complied with the requirements of Arkansas Code Section §17-14-201 et seq,; and is the holder of a valid certificate. This card is for identification purposes only. 6/30/2021 - aw ^ . rr, Expiration Date Chairman STATE OF ARKANSAS V. • G� APPRAISER LICENSING & CERTIFICATION BOARD Attest That ARROW fD. CAR WLET On this date was certified as a STATE CERTIFIED GENERAL APPRAISER The A&- — Appra ser Licensing and Certiffcatsun Board h—by affirms thal this Cerdfirale ig lFmv l in —QW4:,,r with all than yvi—nt• of Aria rnsas Cnde Annotated S.Ifiwx § 17-14-Tot el seq., and subsequently ado&d'nulrs and R %Watwas" and short o-Wn in foot when pnxperly Suppo,1vd by a runml pod,*t Idenllfiu don wvd. T EBSfj4 ART 13, 2002 CG1562 Cate Issued Crniftcare Number Form MAP.PLAT - "TOTAL" appraisal software by a la mode, inc.- 1 -800-ALAMODE City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 PARKS 8� RECREATION (520) 2021 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Request to recognize southeast Park Land Dedication (PLD) funds of $77,500 to be used for the purchase of .3 acres of land for the Yvonne Richardson Community Center (YRCC) for a purchase price of $75,000, plus an estimated $2,500 for additional related closing costs & fees. COUNCIL DATE: LEGISTAR FILE ID#: 7/20/2021 2021-0508 Hal y 31ac� 7/1/2021 1:22 PM Budget Director Date TYPE: JOURNAL #: I GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 77,500 77,500 v.20210601 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2250.520.9256-4419.03 - 77,500 21013 1 RE Greenspace Fees - SE 2250.520.9256-5805.00 77,500 - 21013 1 EX Land -Acquisition H:\Budget Adjustments\2021_Budget\City Council\07-20-2021\2021-0508 BA YRCC Land PurchaseAsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0504 Agenda Date: 7/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS: AN ORDINANCE TO AMEND § 157.03 ANNEXATION AND ZONING MAP AMENDMENTS TO REQUIRE PUBLIC NOTIFICATION OF PLANNING COMMISSION DENIALS OF REZONING REQUESTS IF APPEALED TO THE CITY COUNCIL WHEREAS, if an application for rezoning is denied by the Planning Commission, an appeal of such denial to the City Council should require additional public notification. 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 the title of § 157.03 and its introductory language to read as follows: "§ 157.03 Annexations, Zoning Map Amendments, And Rezonings Notification of public hearings on private party petitions for annexations, zoning map amendments and rezonings shall occur as follows:" Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 157.03(A) to include rezoning to read as follows: "(A) Public Hearing Required. Upon receipt of a private party petition for an annexation, an amendment to the zoning map, or a rezoning, the Planning Commission shall hold a public hearing on the proposed amendment." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 157.03(B) by adding a new (B)(3) as follows: "(3) Appeal of Planning Commission Denial of Rezoning Request. Applicants for a rezoning with zoning map amendment denied by the Planning Commission must give both the written and posted notice of the appeal to the City Council as specified in this section at least fifteen (15) days prior to the City Council meeting. Proof of notice shall be provided as required by this chapter." City of Fayetteville, Arkansas Page 1 Printed on 7/7/2021 Legistar ID No.: AGENDA REQUEST FORM FOR: Council Meeting of July 20, 2021 FROM: Council Member Sloan Scroggin ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND §157.03 ANNEXATION AND ZONING MAP AMENDMENTS TO REQUIRE PUBLIC NOTIFICATION OF PLANNING COMMISSION DENIALS OF REZONING REQUESTS IF APPEALED TO THE CITY COUNCIL APPROVED FOR AGENDA: 11 �n 21 Council Member Sloan Scroggin t bate �� -----�►"-c 3 v City Attorney A Williams Date Approved as to form III OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jodi Batker City Council Paralegal CC: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Kit Williams, City Attorney DATE: June 18, 2021 RE: New Requirement For Public Notification For Property Owner's Appeal Of Planning Commission's Denial Of Rezoning Council Member Sloan Scroggin asked Jonathan Curth and me to prepare an amendment to the Unified Development Code to require a second public notification if a rezoning applicant appeals to the City Council after being denied by the Planning Commission. We worked in consultation with Council Member Scroggin to come up with the most concise and clear way to accomplish requiring this new notification requirement in the Unified Development Code. We made a few very minor changes to §157.03 Annexation And Zoning Map Amendments to include reference to rezoning requests and the required public notification of rezoning requests denied by the Planning Commissions which are then appealed to the City Council. First the Title needed to be changed to add "Rezonings." Next the introductory language for §157.03 also needed to include "rezonings." Thirdly, we needed to amend §157.03(A) to add "rezoning." Finally, we needed to add a new subsection (3) to §157.03(B). Below is how we suggest a slightly revised §157.03 should read: "157.03 Annexations, Zoning Map Amendments, And Rezonings Notification of public hearings on private party petitions for annexations, zoning map amendments and rezonings shall occur as follows: (A) Public Hearing Required. Upon receipt of a private party petition for an annexation, an amendment to the zoning map, or a rezoning, the Planning Commission shall hold a public hearing on the proposed amendment. (B) Notice of Public Hearing. The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (c) Published Notice. Notice of public hearing shall be given by the city by publishing a notice in a newspaper of general circulation in the city, at least one time, at least fifteen (15) days prior to Planning Commission. (3) Appeal of Planning Commission Denial of Rezoning Request. Applicants for a rezoning with zoning map amendment denied by the Planning Commission must give both the written and posted notice of the appeal to the City Council as specified in this section at least fifteen (15) days prior to the City Council meeting. Proof of notice shall be provided as required by this chapter." This will add additional duties for the Planning Department staff and additional costs and time for the rezoning applicant. We tried to keep these additional costs as small as possible by not requiring an additional newspaper publication and instead rely upon written mail notification of neighbors and new signs posted on the site. 0 - J o.�i Q,..� �-adl� � � � 1 s r1 • b 3 (a) Written Notice. Written notice shall be provided at least seven (7) days prior to Subdivision Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least seven (7) days prior to Subdivision Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (D) Large Scale Development applications that are subject to administrative approval are exempt from the notification requirements of this code subsection, however, they are subject to and shall complete the public notification requirements for a Large Site Improvement Plan application. (Code 1965, App. C., Art. IV, §1; App. A., Arts. 5, 5(IIA), 8(12), 12(1); App. C., Art. V, §F; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 1903, 3-6-73; Ord. No. 2379, 9-20-77; Ord. No. 2538, 7-3-79; Ord. No. 2582, 12-4-79; Ord. No. 2603, 2-19-80; Ord. No. 2633, 5-20-80; Ord. No. 2710, 3-24-81; Ord. No. 2779, 11-17-81; Ord. No. 2980, 2- 7-84; Ord. No. 3128, 10-1-85; Ord. No. 1747, 6-29-70; Code 1991, §§159.54, 159.68, 160.032, 160.035, 160.121(L), (M), 160.156; Ord. No. 2716, §1, 6-15-93; Ord. No. 3925, §§6, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5183, 10-7-08; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6212 , §2, 8-6-19) 157.03 Annexations, Zoning Map Amendments, And Rezonings Notification of public hearings on private party petitions for annexations, zoning map amendments and rezonings shall occur as follows: (A) Public Hearing Required. Upon receipt of a private party petition for an annexation, an amendment to the zoning map, or a rezoning, the Planning Commission shall hold a public hearing on the proposed amendment. (B) Notice of Public Hearing. The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (c) Published Notice. Notice of public hearing shall be given by the city by publishing a notice in a newspaper of general circulation in the city, at least one time, at least fifteen (15) days prior to Planning Commission. (3) Appeal of Planning Commission Denial of Rezoning Request. Applicants for a rezoning with zoning map amendment denied by the Planning Commission must give both the written and posted notice of the appeal to the City Council as specified in this section at least fifteen (15) days prior to the City Council meeting. Proof of notice shall be provided as required by this chapter. (Code 1965, App. A., Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §160.156; Ord. No. 3716, §1, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5183, 10-7-08; Ord. No. 5920, §1, 10-18-16; Ord. No. 6212, §2, 8-6-19; Ord. No. 6417 §1, 3-2-21) (Supp. No. 21) Created: 2021-05-06 12:04:59 [EST] Page 8 of 12 e -lv f (lei 4- L#4Li (a) Written Notice. Written notice shall be provided at least seven (7) days prior to Sybdivlslon Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least seven (7) days prior to Subdivision Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (D) large Stale Development applications that are subject to administrative approval are exempt from the notification requirements of this code subsection, however, they are subject to and shall complete the public notification requirements for a Large Site Improvement Plan application. (Code 1965, App. C., Art. IV, §1; App. A., Arts. 5, 5(IIA), 8(12), 12(1); App, C., Art. V, §F; Ord. No. 1747, 6-29-70; Ord. No.1750, 7-6-70; Ord. No.1903, 3-6-73; Ord. No. 2379, 9-20-77; Ord. No. 2538, 7-3-79; Ord. No. 2582,12-4-79; Ord. No. 2603, 2-19.80, Ord. No. 2633, 5-20.80; Ord. No. 2710, 3-24-81; Ord. No. 2779, 21-27-81; Ord. No. 2980, 2- 7-84; Ord. No. 3228,10-1-85; Ord. No. 1747, 6-29-70; Code 1991,§§159.54,159.68,160.032, 160.035, 160.121(L), (M), 160.156; Ord. No. 2716, §1, 6-15-93; Ord. No. 3925, §§6, 7,10-3-95; Ord. No. 4100, §2 {Ex. A), 6-16-98; Ord. No. 5183,10-7-08; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6212, §2, 8-6-19) 157.03 Annexation And Zoning Map Amendments Notification of public hearings on private party petitions for annexation and zoning map amendments (including planned zoning districts) shall occur as follows: (A) Public Hearing Required, Upon receipt of a private party petition for an annexation or an amendment to the zoning map, the Planning Commission shall hold a public hearing on the proposed amendment. (B) Notice of Public Hearing, The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses within 200 feet of the boundary line of the property on which the use Is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found In the city's address point file. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning Commission, Proof of notice shall be provided as required by this chapter. (b) Posted Notice, The applicant shall post notice at least fifteen (15) days prior to Planning Commission, Proof of notice shall be provided as required by this chapter. (c) Published Notice. Notice of public hearing shall be given by the city by publishing a notice In a newspaper of general circulation In the city, at least one time, at least fifteen (15) days prior to Planning Commission. (Code 1965, App. A., Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §160.156; Ord. No. 3716, §1, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No, 4100, §2 (Ex. A), 6-16-98; Ord. No. 5183, 10-7-08; Ord. No. 5920, §1,10-18-16; Ord. No. 6212 , §2, 8-6-19; Ord. No. 6417 §1, 3-2-21) 157.04 Indefinitely Tabled Rezoning Ordinance If the City Council removes from the table any Indefinitely tabled rezoning ordinance, the City Council may not pass this ordinance at that meeting. The applicant shall be required to repost the Planning Department's notice signs (Supp. No. 21) Page 8 of 12 Created: 2021-05.06 12:04:59 [EST] City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0466 Agenda Date: 7/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: CA AMEND CHAPTER 173 BUILDING REGULATIONS: AN ORDINANCE TO AMEND CHAPTER 173 BUILDING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S BUILDING REGULATIONS WITH BUILDING CODES ADOPTED BY THE STATE OF ARKANSAS; TO AUTHORIZE PROSECUTION OF VIOLATIONS OF § 173.08 UNSAFE BUILDINGS AND PROPERTY NUISANCES; AND TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE WHEREAS, Chapter 173 Building Regulations has not been substantially revised in more than twenty years and is in need of updating and general housekeeping; and WHEREAS, the proposed revisions are an attempt to align City ordinances with current building codes where possible, eliminate unnecessary requirements that have little impact on the quality of the built environment within the City, and improve the ability of City staff to enforce Chapter 173; and WHEREAS, the Standard Housing Code, which was adopted by § 173.10 of the Unified Development Code is outdated and should be replaced by the International Property Maintenance Code; and WHEREAS, pursuant to Ark. Code Ann. § 14-55-207, the City may adopt by ordinance technical codes, regulations, or standards without including the full text of the regulations in the City Code. 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 Chapter 173.02 Fire Prevention Code/Building Code by adding the following language immediately after the last sentence of subsection (C) Amendments, Additions, and Deletions to the Fire Prevention Code as follows: "The following, as defined by Fire Prevention and Building Codes, shall be exempt from this provision: (1) Airport Control Tower (2) Open Parking Decks (3) F-2 Occupancy City of Fayetteville, Arkansas Page 1 Printed on 7/7/2021 File Number: 2021-0466 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of § 173.07 Energy Conservation Code and enacts a replacement (A) as follows: "(A) Commercial and High -Rise Residential. The most current Arkansas Energy Code as promulgated by the State of Arkansas is adopted as applicable to all new building construction for commercial and high-rise residential structures. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals the introductory paragraph of subsection (B) of § 173.07 Energy Conservation Code and enacts a replacement introductory paragraph as follows: "Residential. The most current International Energy Conservation Code (IECC) as promulgated by the State of Arkansas is adopted as applicable to all new residential structures, with the exception of § 107 Fees and § 109 Board of Appeals. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 173.07 (B)(1), (B)(3), and (13)(6)(b) by striking the references to 2009 and 2011. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (B) and (C) of § 173.08 Unsafe Buildings and Property Nuisances and enacts a new (B) and (C) as follows: "(B) Property Nuisances. Whenever it is found that any person is violating any of the provisions or requirements set out in the International Property Maintenance Code, a written notice stating the offense and setting a time limit for the correction thereof shall be served upon the offender in person or by certified mail by the Building Official. If the offending party is not the owner of record of the tract upon which such dwelling or dwellings are being constructed, a copy of such notice shall also be served on the owner of record. The offender shall within this time limit set in the notice served upon him forever cease all violations. Any person who shall continue to violate any of the provisions of this chapter shall be subject to the penalties in subsection (C) below. (C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien Authorized. (1) City Prosecution Authorized. If the efforts of the Code Compliance Program for abatement of Unsafe Buildings and Property Nuisances are unsatisfactory, the building official may forward the matter for prosecution to the City Prosecutor. (2) Raze and Removal Order by the City Council. Upon referral from the building official, the City Council shall hold a public hearing to determine whether or not the subject building is a property nuisance pursuant to the Codes adopted in this Chapter or is otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare. Upon the City Council's determination that the subject building is so unsafe, dilapidated, or unsanitary or such a nuisance that its raze and removal is necessary to protect the public health, safety, or welfare, the City Council shall by resolution order the owner of the building to completely abate said nuisance or to raze and remove the unsafe or nuisance building within not less than thirty (30) days. City of Fayetteville, Arkansas Page 2 Printed on 7/7/2021 File Number: 2021-0466 (3) Lien on the Property. If the owner fails to comply with the Resolution to completely abate this nuisance or to raze and remove the unsafe or nuisance building within the allowed period of time, the City of Fayetteville has the power to raze and remove the unsafe or nuisance building. If the City of Fayetteville razes and removes the unsafe or nuisance building, the City Council shall hold a public hearing to determine the fair and true costs to the city for this raze and removal and shall place a lien in that amount upon the subject property to be enforced pursuant to the lien enforcement procedures of §95.03 of the Fayetteville Code. (4) The remedies contained in this subsection are not mutually exclusive. The building official may refer the same matter to both the City Prosecutor and the City Council." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 173.10 Standard Housing Code and enacts a new § 173.10 International Property Maintenance Code as follows: "173.10 - International Property Maintenance Code (A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the International Property Maintenance Code, with state adopted appendices, as may from time to time hereafter be amended and adopted by the State of Arkansas, save and except such portions of said code as may be deleted, modified, or amended herein. (B) Amendments, additions, and deletions to the International Property Maintenance Code. The International Property Maintenance Code, shall be amended as follows: (1) The Construction Board of Adjustments and Appeals shall perform those duties of the board of appeals as set forth in Section 111, International Property Maintenance Code. (2) The Housing Official shall be known as the Building Official." City of Fayetteville, Arkansas Page 3 Printed on 7/7/2021 Dennis Sanders Submitted By City of Fayetteville Staff Review Form 2021-0466 Legistar File ID 7/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/2/2021 Building Safety (640) Submitted Date Division / Department Action Recommendation: Adoption of the revisions to UDC Chapter 173 — Building Regulations as presented. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget j Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20210527 Previous Ordinance or Resolution # Approval Date: _CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 20, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Dennis Sanders, Building Safety Director DATE: July 02, 2021 CITY COUNCIL MEMO SUBJECT: Revisions to UDC Chapter 173 — Building Regulations RECOMMENDATION: Staff recommends adoption of the revisions to Unified Development Code (UDC) Chapter 173 — Building Regulations as presented. BACKGROUND: Many sections of the UDC Chapter 173 — Building Regulations are now over twenty years old and in need of updating, general housekeeping, and a review for consistency. In 2019, City Council considered and approved the first set of these changes, including formalization of the temporary certificate of occupancy allowance, elimination of Fire Zones, and several text changes to align ordinance with codes adopted at the State level. DISCUSSION: UDC Chapter 173 has had a few modifications since adoption in 1998 (Ord. 4100), and many provisions are outdated or no longer useful in the administration of building codes and permits. The proposed revisions are an attempt to align our ordinances with current building codes where possible, to eliminate unnecessary requirements that have little impact on the quality of the built environment within the City, and to improve the ability to enforce Chapter 173. BUDGET/STAFF IMPACT: None anticipated Attachments: Chapter 173 — Building Regulations (Strikethrough) Chapter 173 — Building Regulations (Final) Fire Marshal Letter Building Code Comparison Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 173.02 - Fire Prevention Code/Building Code (A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Arkansas Fire Prevention Code, with state adopted appendices, as may from time to time hereafter be amended and adopted by the State of Arkansas, save and except such portions of said code as may be deleted, modified, or amended herein. (B) Amendments, Additions, and deletions to the Building Code. The Building Code shall be amended as follows: (1) Construction Documents. Plans reviewed for code compliance with permits issued shall be destroyed after construction is complete and as allowed by law after being copied for permanent record and maintained by the city. Plans retained on file for one (1) through four (4) family residential dwelling units will be destroyed when construction is complete and may not be permanently copied. (a) Plans. Plans submitted to be reviewed for code compliance and permitting shall note the following: (i) Construction type; (ii) Occupancy classification(s); (iii) Occupant load; (iv) Design live loads; (v) Design dead loads; (vi) Occupancy and tenant separations; (vii) Design snow load; and (viii) Design wind load. (b) Plan Review. A plan review by an independent entity may be required by a building official for plans of unusual, special, and/or hazardous use of buildings submitted for permit or review. (2) Footings and Foundations. Building, structures, and parts thereof shall be designed and constructed in accordance with strength design, load and resistance factor design, allowable stress design, empirical design, or conventional construction methods, as permitted by the applicable material chapters of the Arkansas Fire Prevention Code and this section. (a) Design Requirements. (i) The footing bottoms shall be a minimum of 24 inches below finish grade; and (ii) The minimum width of a concrete footing for one (1) story building with 1,400 or less square feet shall be 18 inches. The minimum width of a concrete footing for two (2) story buildings and buildings greater than 1,400 square feet shall be 24 inches. All footings shall be reinforced with horizontal steel rebar; and (iii) Minimum footing rebar size shall be two #4's in an 18-inch footing and three #4's in a 24-inch footing each tied perpendicular to the #4 rebar spaced no more than 24 inches on center, and supported three inches from the bottom of the footing spaced no more than six feet or approved by the building official; and (iv) The thickness of the concrete footing shall be a minimum of 12 inches with a minimum of 3,000 PSI concrete; and (v) Minimum concrete footing for concentrated load shall be 24 inches x 24 inches x 12 inches in depth of 3,000 PSI concrete, 24 inches to bottom below finish grade with a rebar mat of four #4's supported three inches from the bottom with support as approved by the building official; or (vi) Designed by an Arkansas registered professional architect or engineer. (b) Design Requirements for Buildings Located in the Hillside/Hilltop Overlay District. A builder of a single family residence, duplex or other residential, commercial or institutional structure not within a preliminary plat or large scale development shall have the foundation plans designed, approved and sealed by a professional engineer or architect. Accessory structures that do not serve as dwelling units are exempt from this foundation requirement. (3) Concrete Floors. (Slabs on grade). (a) Minimum Requirement. Minimum requirement for concrete slab -on -grade floors shall be constructed in accordance with the Arkansas Fire Prevention Code, and shall be at least eight inches above the finish grade surrounding the building; and (b) Minimum Compressive Strength. Concrete used in the construction of floors shall have a minimum compressive strength of three thousand (3,000) pounds per square inch; or (c) Design. Designed by an Arkansas registered professional architect or engineer. (4) Crawl Space. Crawl space grade shall not be lower than finish grade outside of a building without construction of a drainage remedy approved by the Building Official. (5) Signs. The City of Fayetteville adopted sign ordinance shall take precedence over conflicts with the Building Code outdoor display and signs requirements. (6) Portable Buildings. Requirements for building permits shall not apply to small one (1) story portable buildings with an area of 80 square feet or less, but shall be subject to other applicable city requirements. (7) Reroofing. Reroofing of existing residential dwelling units including detached garages and portable buildings shall not require a permit. However, the project is not exempt from meeting all code requirements. (8) Issuance of New Building Permit for Unfinished Project. No new building permits may be issued for property for which a building permit has expired unless approved by the Building Official for good cause shown by the applicant and adequate assurance that the project will be completed within the time frame authorized by the Building Official. _(C) Amendments, Additions, and Deletions to the Fire Prevention Code. The Fire Prevention Code shall be amended as follows: Sprinklers. In addition to the requirements of the Fire Prevention Code and the Building Code, any new building or alteration, addition or change of occupancy of existing buildings which exceeds three (3) stories including the basement, or 50 feet or greater in height at the highest point of said building shall be protected by a complete automatic sprinkler system designed and installed with compliance to applicable NFIPA Standards. The following, as defined by Fire Prevention and Building Codes, shall be exempt from this provision: (1) Airport Control Tower (2) Open Parking Decks (3) F-2 Occupancy (Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord. No. 5019, 5-15-07; Ord. No. 5308, 3-16-10; Ord. No. 6206, §§3, 4, 7-16-19) 173.07 - Energy Conservation Code (A) Commercial and High -Rise Residential. —The 2011 most current Arkansas Energy Code as promulgated by the Arkansas Energy Office is adopted as required by A.C.A. §15-10-205(b)(3) as applicable to all new building construction for commercial and high-rise residential structures. (B) Residential. The 2009 most current International Energy Conservation Code (IECC) is hereby adopted by reference for all new residential structures with the exception of §107 Fees and §109 Board of Appeals. (1) New Residential Construction. The 2009 IECC is hereby amended by adding a provision requiring a Home Energy Rating System (HERS) Index rating for new residential construction. The City of Fayetteville requires that all new residential construction have a Home Energy Rating System (HERS) Index rating completed by an independent RESNET certified home energy rater, or equivalent, prior to the issuance of a Certificate of Occupancy. Residential developments that utilize the exact same floor plan multiple times are required to have a HERS Index rating completed on a minimum of 20% of the residential units. (2) Label. A label provided by the city shall be posted in a very visible location near the front entrance to the residential structure indicating the estimated monthly utility cost as derived from the HERS Index rating until the structure is sold, or for at least ninety (90) days, whichever is less. (3) Additions, Alteration and Renovations. All additions, alterations and renovations to existing residential structures shall comply with the standards of the 2089 IECC, but shall not be required to provide a HERS Index rating or post a label. Where it is shown to be impractical to meet the 2009 IECC, the Building Official may permit additions to comply with the Arkansas Energy Code, its Rules and Regulations as adopted and promulgated by the Arkansas Energy Office, and as from time to time hereafter may be amended. (4) Repairs. All repairs to existing residential structures and mechanical systems need only be constructed to at least the same energy conservation standard as the damaged structure or mechanical system which needed repair unless a higher standard is required by the Arkansas Energy Code. (5) Fees. §107 Fees of the IECC is removed to reflect that only the City Council can set required fees and any refund policy, the "code official" cannot set fees nor a refund policy. All fees shall be as prescribed in the Unified Development Code. (6) Appeals. (a) §109 Board of Appeals shall be removed from the IECC and have no force or application. Appeals of the Building Official's interpretation of this International Energy Conservation Code shall be heard by the existing Board of Construction Appeals and no new Board of Appeals for interpreting the International Energy Conservation Code shall be created by this Code. (b) The Board of Construction Appeals shall hear any appeals from the 2011 Arkansas Energy Code interpretations by the Building Official as called for in Section 108 of that Code. (Ord. No. 5157, 8-5-08; Ord. No. 5512, 7-17-12; Ord. No. 5563, 01-15-13; Ord. No. 6206, §§5, 10, 7-16-19) Editor's note— See editor's note to § 173.03. 173.08 - Unsafe Buildings And Property Nuisances (A) No person or persons, partnership, corporation or association, hereinafter referred to as 'owner", shall keep or maintain any house or building within the corporate limits of the city which has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. (B) Property Nuisances. Whenever it is found that any person is violating any of the provisions or requirements set out in the International Property Maintenance Code, a written notice stating the offense and setting a time limit for the correction thereof shall be served upon the offender in person or by certified mail by the Building Official. If the offending party is not the owner of record of the tract upon which such dwelling or dwellings are being constructed, a copy of such notice shall also be served on the owner of record. The offender shall within this time limit set in the notice served upon him forever cease all violations. Any person who shall continue to violate any of the provisions of this chapter shall be subject to the penalties in subsection (C) below... it is Llnlawf ul fer an„ nersnn having any of the vielat*eRs from the Prepa"a*Rtenance Code er the following findings are made by the �ildipg nffinial• City Council after a public, due rproocess hoo��_ari W. life,(1) The condition of the property endangers the health, property, safety, or welfare of the public or occupants of the property.(2) The condition of the property is so dilapidated as to cause a diminution of the enjoyment, use or property vial es of neighboring properties (3) The condition of the property is detrimental to the public health, safety and general welfare. fnr which there aFe RE) valid permits. running water to plumbing fixtures or lack the minimum amounts of natural light and ventilation as re . .red by this Code foundations;(7) Structural Hazards. Buildings or structures which have such defective, deteriorated or flooring and/or floor support; wall, partition, or othe horizontal s�pport• fireplace or chimney as to resu It in unsafe conditions support; or other vertical roof, (8) inadequate or Hazardous Wiring. All wiring except that which conformed with all applicable laws Gff8Gt at the tome Of ORStallatiOR and whiGh has been MaiRtaiRed OR good GGR&OGR and is beiRg used 'R safe (9) 'Radequate er Faulty PlumbiRg. All plumlaiRg eXGept that whiGh GORfOrmed with all @PP"Gable laws gross c ct•nns conformed with all applicable laws in effect at the tome of installation and which has been maintained ifa-geed condition. (11) inadequate Fore Suppression and Alarm systems. All fore suppression and alarm systems excep that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition (12) Dilapidated Exterier. Dilapidated FGGf GGV8FORgS; dilapidated OF 6IRfiRished exterier wall GGVGFORgS; breLen OFMOSSORg deers and/nr W'RdE)w (C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien Authorized. (1) City Prosecution Authorized. The rules and nro,.od ,ros ^flf the efforts of the Code Compliance Program for abatement of Unsafe Buildings and Property Nuisances &he4 ld be follo�Aufed If the res+ lts Of G161Gh efforts are unsatisfactory, the Code Compliance Division nireGtorb9uilding oOfficial may forward the matter for prosecution to the City Prosecutor_ and/or to the riff, Council for consideration of o raze and removal resolution. (2) City CounGilBuildiR9 OffoGial Determination Whether Property Nuisance Exists. Upon referral fFGrn the Code Compliance Division, the City Council shall hold a public hearing to determin—e whetheF 9F not the subject building is a property nuisance for any of the reasons specified 4'P .,lotions o not resolved-. unsafe, (32) —Raze and Removal Order by the City Council. Upon referral from the bauilding oofficial, the City Council shall hold a public hearing to determine whether or not the subject building is a Property nuisance pursuant to the Codes adopted in this Chapter or is otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare. Upon the City Council's determination that the subject building is so unsafe, dilapidated, or unsanitary or such a nuisance that its raze and removal is necessary to protect the public health, safety, or welfare, the City Council shall by resolution order the owner of the building to completely abate said nuisance or to raze and remove the unsafe or nuisance building within not less than thirty (30) days. (43) Lien on the Property. If the owner fails to comply with the Resolution to completely abate this nuisance or to raze and remove the unsafe or nuisance building within the allowed period of time, the City of Fayetteville has the power to raze and remove the unsafe or nuisance building. If the City of Fayetteville razes and removes the unsafe or nuisance building, the City Council shall hold a public hearing to determine the fair and true costs to the city for this raze and removal and shall place a lien in that amount upon the subject property to be enforced pursuant to the lien enforcement procedures of §95.03 of the Fayetteville Code. (4) The remedies contained in this subsection are not mutually exclusive. The bguilding oOfficial may refer the same matter to both the City Prosecutor and the City Council. (Code 1991, §§151.51, 151.52(A)(1)(2); Ord. No. 3948, 02-20-96; Ord. No. 4100, §2 (Ex. A), 6- 16-98; Ord. No. 4679, 2-15-05; Ord. No. 5019, 5-15-07; Ord. No. 5563, 01-15-13; Ord. No. 6206, §§5, 11, 12, 7-16-19) Editor's note— See editor's note to § 173.03. 173.10 - c*-,nd -,d HA-'SiRg CedeInternational Property Maintenance Code (A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the StandaFd Housing Code, 1997 F^#ion International Property Maintenance Code, with state adopted appendices, as may from time to time hereafter be amended and adopted by the State of Arkansas, save and except such portions of said code as may be deleted, modified, or amended herein. (B) Amendments, additions, and deletions to the Standard -Housing -Code, 1997 Edition International Property Maintenance Code. Theme*^ sigg Code, 1997 Edition International Property Maintenance Code, shall be amended as follows: (1) The Construction Board of Adjustments and Appeals "shall perform those duties of the Cs board of appeals as set forth in Section s-06 International Property Maintenance Code. (2) The Housing Official shall be known as the ChiefBuildingOfficial. _(3) S8Gtien 108 cta , aFd Housing1997 €dam*gn,, is hereby- deleted. (Code 1965, §6-34; Ord. No. 1558, 08-21-67; Ord. No. 2885, 01-04-83; Ord. No. 2299, 12-21- 76; Ord. No. 2709, 03-24-81; Code 1991, §151.20, §151.22; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4124, §2, 11-17-98; Ord. No. 5563, 01-15-13; Ord. No. 6206, §5, 7-16-19) Editor's note— See editor's note to § 173.03. 173.02 - Fire Prevention Code/Building Code (A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the Arkansas Fire Prevention Code, with state adopted appendices, as may from time to time hereafter be amended and adopted by the State of Arkansas, save and except such portions of said code as may be deleted, modified, or amended herein. (B) Amendments, Additions, and deletions to the Building Code. The Building Code shall be amended as follows: (1) Construction Documents. Plans reviewed for code compliance with permits issued shall be destroyed after construction is complete and as allowed by law after being copied for permanent record and maintained by the city. Plans retained on file for one (1) through four (4) family residential dwelling units will be destroyed when construction is complete and may not be permanently copied. (a) Plans. Plans submitted to be reviewed for code compliance and permitting shall note the following: (i) Construction type; (ii) Occupancy classification(s); (iii) Occupant load; (iv) Design live loads; (v) Design dead loads; (vi) Occupancy and tenant separations; (vii) Design snow load; and (viii) Design wind load. (b) Plan Review. A plan review by an independent entity may be required by a building official for plans of unusual, special, and/or hazardous use of buildings submitted for permit or review. (2) Footings and Foundations. Building, structures, and parts thereof shall be designed and constructed in accordance with strength design, load and resistance factor design, allowable stress design, empirical design, or conventional construction methods, as permitted by the applicable material chapters of the Arkansas Fire Prevention Code and this section. (a) Design Requirements. (i) The footing bottoms shall be a minimum of 24 inches below finish grade; and (ii) The minimum width of a concrete footing for one (1) story building with 1,400 or less square feet shall be 18 inches. The minimum width of a concrete footing for two (2) story buildings and buildings greater than 1,400 square feet shall be 24 inches. All footings shall be reinforced with horizontal steel rebar; and (iii) Minimum footing rebar size shall be two #4's in an 18-inch footing and three #4's in a 24-inch footing each tied perpendicular to the #4 rebar spaced no more than 24 inches on center, and supported three inches from the bottom of the footing spaced no more than six feet or approved by the building official; and (iv) The thickness of the concrete footing shall be a minimum of 12 inches with a minimum of 3,000 PSI concrete; and (v) Minimum concrete footing for concentrated load shall be 24 inches x 24 inches x 12 inches in depth of 3,000 PSI concrete, 24 inches to bottom below finish grade with a rebar mat of four #4's supported three inches from the bottom with support as approved by the building official; or (vi) Designed by an Arkansas registered professional architect or engineer. (b) Design Requirements for Buildings Located in the Hillside/Hilltop Overlay District. A builder of a single family residence, duplex or other residential, commercial or institutional structure not within a preliminary plat or large scale development shall have the foundation plans designed, approved and sealed by a professional engineer or architect. Accessory structures that do not serve as dwelling units are exempt from this foundation requirement. (3) Concrete Floors. (Slabs on grade). (a) Minimum Requirement. Minimum requirement for concrete slab -on -grade floors shall be constructed in accordance with the Arkansas Fire Prevention Code, and shall be at least eight inches above the finish grade surrounding the building; and (b) Minimum Compressive Strength. Concrete used in the construction of floors shall have a minimum compressive strength of three thousand (3,000) pounds per square inch; or (c) Design. Designed by an Arkansas registered professional architect or engineer. (4) Crawl Space. Crawl space grade shall not be lower than finish grade outside of a building without construction of a drainage remedy approved by the Building Official. (5) Signs. The City of Fayetteville adopted sign ordinance shall take precedence over conflicts with the Building Code outdoor display and signs requirements. (6) Portable Buildings. Requirements for building permits shall not apply to small one (1) story portable buildings with an area of 80 square feet or less, but shall be subject to other applicable city requirements. (7) Reroofing. Reroofing of existing residential dwelling units including detached garages and portable buildings shall not require a permit. However, the project is not exempt from meeting all code requirements. (8) Issuance of New Building Permit for Unfinished Project. No new building permits may be issued for property for which a building permit has expired unless approved by the Building Official for good cause shown by the applicant and adequate assurance that the project will be completed within the time frame authorized by the Building Official. (C) Amendments, Additions, and Deletions to the Fire Prevention Code. The Fire Prevention Code shall be amended as follows: Sprinklers. In addition to the requirements of the Fire Prevention Code and the Building Code, any new building or alteration, addition or change of occupancy of existing buildings which exceeds three (3) stories including the basement, or 50 feet or greater in height at the highest point of said building shall be protected by a complete automatic sprinkler system designed and installed with compliance to applicable NFIPA Standards. The following, as defined by Fire Prevention and Building Codes, shall be exempt from this provision: (1) Airport Control Tower (2) Open Parking Decks (3) F-2 Occupancy (Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord. No. 5019, 5-15-07; Ord. No. 5308, 3-16-10; Ord. No. 6206, §§3, 4, 7-16-19) 173.07 - Energy Conservation Code (A) Commercial and High -Rise Residential. The most current Arkansas Energy Code as promulgated by the Arkansas Energy Office is adopted as required by A.C.A. §15-10-205(b)(3) as applicable to all new building construction for commercial and high-rise residential structures. (B) Residential. The most current International Energy Conservation Code (IECC) is hereby adopted by reference for all new residential structures with the exception of §107 Fees and §109 Board of Appeals. (1) New Residential Construction. The IECC is hereby amended by adding a provision requiring a Home Energy Rating System (HERS) Index rating for new residential construction. The City of Fayetteville requires that all new residential construction have a Home Energy Rating System (HERS) Index rating completed by an independent RESNET certified home energy rater, or equivalent, prior to the issuance of a Certificate of Occupancy. Residential developments that utilize the exact same floor plan multiple times are required to have a HERS Index rating completed on a minimum of 20% of the residential units. (2) Label. A label provided by the city shall be posted in a very visible location near the front entrance to the residential structure indicating the estimated monthly utility cost as derived from the HERS Index rating until the structure is sold, or for at least ninety (90) days, whichever is less. (3) Additions, Alteration and Renovations. All additions, alterations and renovations to existing residential structures shall comply with the standards of the IECC, but shall not be required to provide a HERS Index rating or post a label. Where it is shown to be impractical to meet the IECC, the Building Official may permit additions to comply with the Arkansas Energy Code, its Rules and Regulations as adopted and promulgated by the Arkansas Energy Office, and as from time to time hereafter may be amended. (4) Repairs. All repairs to existing residential structures and mechanical systems need only be constructed to at least the same energy conservation standard as the damaged structure or mechanical system which needed repair unless a higher standard is required by the Arkansas Energy Code. (5) Fees. §107 Fees of the IECC is removed to reflect that only the City Council can set required fees and any refund policy, the "code official" cannot set fees nor a refund policy. All fees shall be as prescribed in the Unified Development Code. (6) Appeals. (a) §109 Board of Appeals shall be removed from the IECC and have no force or application. Appeals of the Building Official's interpretation of this International Energy Conservation Code shall be heard by the existing Board of Construction Appeals and no new Board of Appeals for interpreting the International Energy Conservation Code shall be created by this Code. (b) The Board of Construction Appeals shall hear any appeals from the Arkansas Energy Code interpretations by the Building Official as called for in Section 108 of that Code. (Ord. No. 5157, 8-5-08; Ord. No. 5512, 7-17-12; Ord. No. 5563, 01-15-13; Ord. No. 6206, §§5, 10, 7-16-19) Editor's note— See editor's note to § 173.03. 173.08 - Unsafe Buildings And Property Nuisances (A) No person or persons, partnership, corporation or association, hereinafter referred to as "owner", shall keep or maintain any house or building within the corporate limits of the city which has become dilapidated, unsafe, unsanitary, or detrimental to the public welfare. (B) Property Nuisances. Whenever it is found that any person is violating any of the provisions or requirements set out in the International Property Maintenance Code, a written notice stating the offense and setting a time limit for the correction thereof shall be served upon the offender in person or by certified mail by the Building Official. If the offending party is not the owner of record of the tract upon which such dwelling or dwellings are being constructed, a copy of such notice shall also be served on the owner of record. The offender shall within this time limit set in the notice served upon him forever cease all violations. Any person who shall continue to violate any of the provisions of this chapter shall be subject to the penalties in subsection (C) below. (C) Abatement Procedures for Unsafe Buildings and Property Nuisances; Raze and Removal and Lien Authorized. (1) City Prosecution Authorized. If the efforts of the Code Compliance Program for abatement of Unsafe Buildings and Property Nuisances are unsatisfactory, the building official may forward the matter for prosecution to the City Prosecutor.. (2) Raze and Removal Order by the City Council. Upon referral from the building official, the City Council shall hold a public hearing to determine whether or not the subject building is a property nuisance pursuant to the Codes adopted in this Chapter or is otherwise unsafe, dilapidated, unsanitary or a detriment to the public welfare. Upon the City Council's determination that the subject building is so unsafe, dilapidated, or unsanitary or such a nuisance that its raze and removal is necessary to protect the public health, safety, or welfare, the City Council shall by resolution order the owner of the building to completely abate said nuisance or to raze and remove the unsafe or nuisance building within not less than thirty (30) days. (3) Lien on the Property. If the owner fails to comply with the Resolution to completely abate this nuisance or to raze and remove the unsafe or nuisance building within the allowed period of time, the City of Fayetteville has the power to raze and remove the unsafe or nuisance building. If the City of Fayetteville razes and removes the unsafe or nuisance building, the City Council shall hold a public hearing to determine the fair and true costs to the city for this raze and removal and shall place a lien in that amount upon the subject property to be enforced pursuant to the lien enforcement procedures of §95.03 of the Fayetteville Code. (4) The remedies contained in this subsection are not mutually exclusive. The building official may refer the same matter to both the City Prosecutor and the City Council. (Code 1991, §§151.51, 151.52(A)(1)(2); Ord. No. 3948, 02-20-96; Ord. No. 4100, §2 (Ex. A), 6- 16-98; Ord. No. 4679, 2-15-05; Ord. No. 5019, 5-15-07; Ord. No. 5563, 01-15-13; Ord. No. 6206, §§5, 11, 12, 7-16-19) Editor's note— See editor's note to § 173.03. 173.10 - International Property Maintenance Code (A) Adoption by Reference. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the International Property Maintenance Code, with state adopted appendices, as may from time to time hereafter be amended and adopted by the State of Arkansas, save and except such portions of said code as may be deleted, modified, or amended herein. (B) Amendments, additions, and deletions to the International Property Maintenance Code. The International Property Maintenance Code, shall be amended as follows: (1) The Construction Board of Adjustments and Appeals shall perform those duties of the board of appeals as set forth in Section 111 International Property Maintenance Code. (2) The Housing Official shall be known as the Building Official. (Code 1965, §6-34; Ord. No. 1558, 08-21-67; Ord. No. 2885, 01-04-83; Ord. No. 2299, 12-21- 76; Ord. No. 2709, 03-24-81; Code 1991, §151.20, §151.22; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4124, §2, 11-17-98; Ord. No. 5563, 01-15-13; Ord. No. 6206, §5, 7-16-19) Editor's note— See editor's note to § 173.03. IVA CITY OF FAYETTEVILLE ARKANSAS June 10, 2021 Dennis Sanders Building Safety Director Building Safety Division; City of Fayetteville RE: Exemption for 173.02 Fire Prevention / Building Code I have reviewed the exemption that has been requested to the City of Fayetteville Code of Ordinances Chapter 173 Section 173.02 C, which includes adding the underlined section below. (C) Amendments, Additions, and Deletions to the Fire Prevention Code. The Fire Prevention Code shall be amended as follows: Sprinklers. In addition to the requirements of the Fire Prevention Code and the Building Code, any new building or alteration, addition or change of occupancy of existing buildings which exceeds three (3) stories including the basement, or 50 feet or greater in height at the highest point of said building shall be protected by a complete automatic sprinkler system designed and installed with compliance to applicable NFIPA Standards. 9 Exemptions. The following, as defined by Fire Prevention and Building Codes shall be exempt from this provision: (a) Airport Control Tower (b) Open Parking Decks (c) F-2 Occupancy The current Arkansas Fire Prevention Code 2012 edition has the same exemptions located in 903.2.11.3 Buildings 55 Feet or More in Height; listing airport control towers, open parking structures, and occupancies in Group F-2 as exemptions to the automatic fire sprinkler system requirement. After reviewing the request, the Fayetteville Fire Marshals Office supports adding the requested exemptions as listed and defined by the 2012 AFPC. 0� attalio 7ChJeremy hley Fire Marshal; City of Fayetteville Cc: Fire Chief Brad Hardin, Assistant Chief William Watts, Assistant Chief Tom Good OFFICE OF THE FIRE MARSHAL 303 W. Center St. www.fayetteville-ar.gov Fayetteville, AR 72701 FIRE PROTECTION SYSTEMS I rt buildings classified as enclosed parking garages in accor- dance with Section 406.4 as follows: 1. Where the fire area of the enclosed parking garage exceeds 12,000 square feet (1115 m,2); or 2. Where the enclosed parking garage is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. [F] 903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided through- out buildings used for storage of commercial trucks or buses where the fire area exceeds 5,000 square feet (464 ne). [F] 903.2.11 Specific building areas and hazards. In all occupancies other than Group U, an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11.1 through 903.2.11.6. [F] 903.2.11.1 Stories without openings. An auto- matic sprinkler system shall be installed throughout all stories, including basements, of all buildings where the floor area exceeds 1,500 square feet (139.4 m� and where there is not provided at least one of the following types of exterior wall openings: 1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1009 or an outside ramp complying with Section 1010. Openings shall be located in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on at least one side. The required openings shall be distrib- uted such that the lineal distance between adja- cent openings does not exceed 50 feet (15 240 mm). 2. Openings entirely above the adjoining ground level totaling at least 20 square feet (1.86 mz) in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on at least one side. The required openings shall be distrib- uted such that the lineal distance between adja- cent openings does not exceed 50 feet (15 240 mm). The height of the bottom of the clear open- ing shall not exceed 44 inches (1118 mm.) mea- sured from the floor. [F] 903.2.11.1.1 Opening dimensions and access. Openings shall have a minimum dimension of not less than 30 inches (762 mm). Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior. [F] 903.2.11.1.2 Openings on one side only. Where openings in a story are provided on only one side and the opposite wall of such story is more than 75 feet (22 860 mm) from such openings, the story shall be equipped throughout with an approved automatic sprinkler system, or openings as specified above shall be provided on at least two sides of the story. [F] 903.2.11.1.3 Basements. Where any portion of a basement is located more than 75 feet (22 860 mm) from openings required by Section 903.2.11.1, or where walls, partitions or other obstructions are installed that restrict the application of water from hose streams, the basement shall be equipped throughout with an approved automatic sprinkler system. [F] 903.2.11.2 Rubbish and linen chutes. An auto- matic sprinkler system shall be installed at the top of rubbish and linen chutes and in their terminal rooms. Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest intake. Where a rub- bish chute extends through a building more than one floor below the lowest intake, the extension shall have sprinklers installed that are recessed fiom the drop area of the chute and protected from freezing in accordance with Section 903.3.1.1. Such sprinklers shall be installed at alternate floors, beginning with the second level below the last intake and ending with the floor above the discharge. Chute sprinklers shall be accessi- ble for servicing. [F i ings 55 feet or more in height. An automatic sprinkler system shall be installed throughout buildings with a floor level having an occu- pant load of 30 or more that is located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access. Exceptions: 1. Airport control towers. 2. Open parking structures. 3. Occupancies in Group F-2. ] 903.2.11.4 Ducts conveying hazardous exhaus Where required by the International Mechanical Code, automatic sprinklers shall be provided in ducts convey- ing hazardous exhaust, or flammable or combustible materials. Exception: Ducts in which the largest cross -sec- tional diameter of the duct is less than 10 inches (254 mm). [F] 903.2.11.5 Commercial cooking operations. An automatic sprinkler system shall be installed in com- mercial kitchen exhaust hood and duct system where an automatic sprinkler system is used to comply with Sec- tion 904. [F] 903.2.11.6 Other required suppression systems. In addition to the requirements of Section 903.2, the provisions indicated in Table 903.2.11.6 also require the installation of a fire suppression system for certain buildings and areas. 2012 INTERNATIONAL BUILDING CODE®/ARKANSAS 2012 207 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0507 Agenda Date: 7/20/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.5 ADM-2021-052: (325 N. WEST AVENUE,CITY OF FAYETTEVILLE PARKING DECK): A RESOLUTION PURSUANT TO § 166.04(B)(3) OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO APPROVE THE REQUEST TO NOT DEDICATE ADDITIONAL RIGHT OF WAY ALONG WEST AVENUE FOR THE PARKING DECK PROJECT WHEREAS, a Site Improvement Plan is under staff review for the development of the replacement parking deck near the intersection of Dickson Street and West Avenue; and WHEREAS, City staff has already determined that the existing 27.5 feet of right of way from the centerline of Dickson Street adequately meets the Urban Street Master Street Plan cross section; and WHEREAS, the Planning Commission voted 5-0-1, in support of the staff recommendation, to recommend to the City Council that a lesser dedication of right of way be allowed along West Avenue; and WHEREAS, the City Council has determined that the existing 20 feet of right of way from the centerline of West Avenue is adequate given the intention to develop a 15 foot sidewalk, bump -out furniture zone, and curb and gutter either within the right of way or on City of Fayetteville property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the request to not dedicate additional right of way along West Avenue for the parking deck project, pursuant to § 166.04(B)(3) of the Fayetteville Unified Development Code. City of Fayetteville, Arkansas Page 1 Printed on 7/7/2021 City of Fayetteville Staff Review Form 2021-0507 Legistar File ID 7/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 7/2/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: ADM-2021-000052: Administrative Item (325 N. West Avenue, City of Fayetteville Parking Deck, 564): Submitted by City Staff for property located at the northwest corner of N West Avenue and W Dickson Street. The properties are zoned MS-C, Main Street -Center and contain approximately 2.32 acres. The request is for lesser dedication of right- of-way along N. West Avenue. Account Number Project Number Budgeted Item? No 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 Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 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: July 2, 2021 CITY COUNCIL MEMO SUBJECT: ADM-2021-000052: Administrative Item (325 N. West Avenue, City of Fayetteville Parking Deck, 564): Submitted by City Staff for property located at the northwest corner of N West Avenue and W Dickson Street. The properties are zoned MS-C, Main Street -Center and contain approximately 2.32 acres. The request is for lesser dedication of right-of-way along N. West Avenue. RECOMMENDATION: The Planning Commission and City Planning staff recommend approval of a request for lesser dedication of right-of-way as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located at the northwest corner of N. West Avenue and W. Dickson Street and contains approximately 2.32 acres. The property is currently three separate parcels, 765- 12867-000, 765-12876-000, and 765-12875-000, and is zoned MS-C, Main Street Center. An associated development is currently under review for a new City of Fayetteville parking deck, which is part of Phase 1 of the 2019 Bond Program to create replacement parking for the development of the new Cultural Arts Corridor. The property is currently under staff review for a lot split and property line adjustment (LSP-2021-000080, attached) to transfer a portion of land (a total of 0.8 acres) to the City of Fayetteville for ownership. An associated Site Improvement Plan (SIP-2021-000019) is also currently under staff review for the development of the parking deck itself. Request: The applicant requests a reduction in right-of-way dedication along the existing property's N. West Avenue frontage from the typical master street plan requirements of 31.5 feet from street centerline to 20 feet from street centerline. Public Comment: Staff has not received any public comment on this item. DISCUSSION: At the June 28, 2021 Planning Commission meeting, Commissioners voted in favor of a variance request from the typical Master Street Plan standards for the associated parking deck with a vote of 5-0-1 (Commissioner Belden recused). A condition of approval of that variance was City Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Council approval of a lesser dedication of right-of-way along N. West Avenue. No public comment was offered on the item. The typical master street plan standards for Urban Streets require 31.5 feet of right-of-way dedication from street centerline, and the Unified Development Code in Chapter 166.04(B)(2)(a) requires dedication of right-of-way per the Master Street Plan standards at the time of a proposed lot split. Staff has the administrative authority to reduce that requirement based upon the provision of certain design elements. Given that the property currently has frontage along both W. Dickson Street and N. West Avenue, staff has determined the following: Along Dickson Street, staff has determined that the existing 27.5' right of way from centerline adequately meets the Urban Street MSP cross section. Staff finds that the existing dimension would adequately cover all of the required elements according to the Master Street Plan so no additional right-of-way dedication is needed with the associated lot split, and therefore no lesser dedication of right-of-way is needed at this location from CC. Along West Avenue, staff has determined that a lesser dedication of right-of-way is required for the project as proposed; the existing 20' right-of-way from centerline does not adequately meet the Urban Street MSP cross section. Staff finds that the appropriate dimensions that would adequately cover the required elements according to the Master Street Plan would be the following: 0 10' drive lane 0 4' furniture zone o .5' to incorporate curb and gutter 0 8' sidewalk o Total 22.5' (Existing is 20') o (8' parking lane can be administratively waived when adequate parking is provided elsewhere) Given the intention with the parking deck to develop a 15' sidewalk (though located outside of the right-of-way), bump -out furniture zone, and curb and gutter, staff finds that the right-of-way request can be supported along the property's West Avenue frontage. Though the parking deck will ultimately only encompass part of the entire West Avenue frontage, staff supports the right- of-way reduction request for the entire West Avenue frontage to maintain continuity with future development along that portion of the site, and the ultimately intention to build street improvements through to the end of West Avenue. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report (VAR-2021-000030) • Proposed Lot Split (LSP-2021-000080) • Proposed Site Improvement Plan (SIP-2021-000019) EXHIBITS' ADM-2021-000052 Legal Descriptions: PARCEL DESCRIPTIONS Parcel 1 A part of the NW 114 of the NE 114 of Section 16, T-16-N, R-30-W, Washington County, Arkansas, more particularly described as commencing at the North Quarter -Corner (N 114) of said Section; said point being a found iron pin; Thence S02°41'59"W, 1322.01 feet to the Southwest comer of said 40-acre tract; said point being a set cotton spindle; Thence along said 40-line S86°59'31"E, 276.63 feet; Thence NO3°07'38"E, 13.20 feet to the north right-of-way line of Dickson Street to the point of beginning; Thence NO3°12'06"E, 81.12 feet; Thence NO2°14'32"E, 98.08 feet; Thence S87"02'59"E, 14.84 feet; Thence NO2°57'01"E, 2.00 feet Thence S87"02'59"E, 88.99 feet to a point on the west right-of-way line of West Avenue; Thence S02°30'15"W along said west right-of-way, 181.25 feet to the north right-of-way line of Dickson Street; Thence N87'00'30"W along said north right-of-way line, 84.39 feet to the point of beginning. Containing 0.3 acres more or less. Parcel 2 A part of the NW 114 of the NE 114 of Section 16, T-16-N, R-30-W, Washington County, Arkansas, more particularly described as commencing at the North Quarter -Corner (N 114) of said Section; said point being a found iron pin; Thence S02°41'59"W, 1322.01 feet to the Southwest comer of said 40-acre tract; said point being a set cotton spindle; Thence along said 40-line S86°59'31"E, 276.63 feet; Thence NO3°07'38"E, 13.20 feet; Thence NO3°12'06"E, 81.12 feet; Thence NO2"14'32"E, 98.08 feet to the point of beginning; Thence NO2°14'32"E, 219.79 feet; Thence N75°54'08"E, 2.23 feet; Thence N74°43'16"E, 64.11 feet; Thence NO3°45'12"E, 5.60 feet; Thence S88°26'50"E, 21.54 feet to a point on the west right-of-way line of West Avenue; Thence S02`30'15"W along said west right-of-way line, 244.62 feet; Thence N87°02'59"W, 68.99 feet; Thence S02`57'01"W, 2.00 feet; Thence N87°02'59"W, 14.84 feet to the point of beginning. Containing 0.5 acres more or less. Parcel 3 A part of the NW 114 of the NE 114 of Section 16, T-16-N, R-30-W, Washington County, Arkansas, more particularly described as commencing at the North Quarter -Corner (N 114) of said Section; said point being a found iron pin; Thence 502'41'59"W, 1322.01 feet to the Southwest corner of said 40-acre tract; said point being a set cotton spindle; Thence along said 40-line S86°59'31 "E, 276.63 feel; Thence NO3°07'38"E, 13.20 feet; Thence NO3°12'06"E, 81.12 feet; Thence NO2'14'32"E, 98.08 feet to the point of beginning; Thence N87°02'59"W, 35.83 feet; Thence NO2'57'01"E, 2.00 feet; Thence N87°02'59"W, 24.00 feet; Thence NO2°57'01"E, 214.57 feel; Thence S87°02'59"E, 57.15 feet; Thence S02°14'32"W, 216.59 feet to the point of beginning; Containing 0.3 acres more or less. EXHIBITS' ADM-2021-000052 Parcel 4 A part of the NW 114 of the NE 114 of Section 16, T-16-N, R-30-W, Washington County, Arkansas, more particularly described as commencing at the North Quarter -Corner (N 114) of said Section; said point being a found iron pin; Thence S02°41'59"W, 1322.01 feet to the Southwest corner of said 40-acre tract; said point being a set cotton spindle; Thence along said 40-line S86°59'31 "E, 164.88 feet; Thence NO2°53'07"E, 13,17 feet to the point of beginning, said point being a chiseled "X" in concrete at the intersection of the North Right -of -Way of Dickson Street and the Easterly Righi-of-Way of a railroad; said railroad Right -of -Way being a perpendicular distance of 25.00 feet East of the centerline of existing railroad; Thence along said railroad Right-of-way NO2°53'12"E, 405.78 feet to the PC of a curve to the left having a radius of 1378.75 feet and a delta angle of 12°24'16", said point being a found iron pin; 25 feet East of said railroad centerline; Thence along said curve an arc distance of 298.50 feet, having a chord bearing and distance of NO3'26'54"W, 297.92 feet a point, said point being the intersection of the south right-of-way of Lafayette Street and the said easterly railroad right-of-way; Thence along said Lafayette right-of-way N74°55119"E, 51.12 feet to a point, said point being the intersection of said right-of-way of Lafayette Street and the easterly right-of-way of the original railroad; said intersection point being at a radial distance of 50 feet Easterly of the centerline of the original main track; Thence along said right-of-way Southeasterly along a curve to the right an arc distance of 26.13 feet having a chord bearing and distance of S17°4549"E, 26A 3 feet; Thence leaving said right-of-way S23°57'35"E, 26.57 feet to a point on the southerly face of a concrete block wall; Thence S06'44'34"W, 34.77 feet to a point two feet westerly and two feet southerly of the southwest comer of a concrete pad for an electric transformer; Thence 583`32'56"E, 2.65 feet; Thence S08°13'57"E, 78.56 feet to a point six feet westerly of the westerly stucco wall of a building; Thence S17°10'42"E, 15.34 feet to a point on the northerly wall of a metal building; Thence along said wall S71 °06'25"W, 5.34 feet; Thence along the westerly side of an elevated, wood, walkway S17°53'09"E, 82.68 feet; Thence along the southerly end of an elevated, metal, building N74°00'30"E, 6.41 feet said point being a radial distance of 50 feet easterly from the centerline of original main tract; Thence 815°56'50"E, 70.26 feet; Thence S75°54'08'1A1, 2.23 feet to the corner of a building; Thence S02°14'32"W, 3.20 feet Thence N87°02'59"W, 57.15 feet, Thence S02°57'01 "W, 214.57 feet; Thence S87°02'59"E, 24.00 feet; Thence S02°57'01 °W, 2.00 feet; Thence S87°02'59"E, 35.83 feet; Thence S02°14'32"W, 98.08 feet, Thence S03"12'06"W, 81.12 feel; Thence N86°58'30"W, 111.75 feet to the point of beginning. Containing 1.2 acres, more or less, city of Fayetteville, Arkansas. CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: June 28, 2021 Updated with PC hearing results from 6/28/2021 SUBJECT: VAR-2021-000030: Variance (325 N. WEST AVE./WEST AVE. PARKING DECK, 484): Submitted by OLSSON ENGINEERING, INC. for property located at 325 N. WEST AVE. The property is zoned MS-C, MAIN STREET -CENTER and contains approximately 2.40 acres. The request is for a variance to the driveway design standards, parking space dimensional requirements, and master street plan standards. RECOMMENDATION: Staff recommends approval of VAR-2021-000030, with conditions. RECOMMENDED MOTION: "I move to approve VAR-2021-000030 with conditions as outlined by staff." BACKGROUND: The subject property is located at the northwest corner of N. West Avenue and W. Dickson Street and contains approximately 2.4 acres. The property is currently three separate parcels, 765- 12867-000, 765-12876-000, and 765-12875-000, and is zoned MS-C, Main Street Center. An associated development is currently under review for a new City of Fayetteville parking deck, which is part of Phase 1 of the 2019 Bond Program to create replacement parking for the development of the new Cultural Arts Corridor. The property is currently under staff review for a lot split and property line adjustment (LSP-2021-000080) to transfer a portion of land (a total of 0.8 acres) to the City of Fayetteville for ownership. An associated Site Improvement Plan (SIP- 2021-000019) is also currently under staff review for the development of the parking deck itself. Surrounding land use and zoning is depicted on Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Commercial MS-C, Main Street Center South Commercial/Parkin MS-C, Main Street Center West Commercial MS-C, Main Street Center East Commercial MS-C, Main Street Center Request: The applicant has requested three variances to the Unified Development Code (UDC) associated with a submitted site improvement plan to develop parking deck on the proposed site (SIP-2021-000019). • Variance 1: 172.04(F)(4)(a)(ii) — For parking lots containing more than 9 spaces, the driveway width shall be a minimum of 20 feet and a maximum of 24 feet. The applicant is requesting a driveway width of 34 feet to accommodate dual exits from the deck. Planning Commission June 28, 2021 Agenda Item 5 VAR 21-000030 West Ave. Deck Page 1 of 13 • Variance 2: 172.04(E)(Table 1) — Typical parking stall depth for 90 degree spaces is required to be 19 feet. The applicant is requesting parking stall depth of 18 feet to accommodate a 24-foot wide drive aisle and ramps throughout the parking decks interior. Variance 3: 166.04(B)(3)(c)(i) — Widening the street adjacent to the property's frontage is required to meet all Master Street Plan typical requirements. At this location, the typical requirements would include a 10-foot drive lane, 8-foot parking lane, 1.5-foot curb and gutter, 4-foot furniture lane, and an 8-foot sidewalk. The applicant is requesting a 10-foot drive lane, 9-foot loading/unloading and fire aerial access lane, 1.5-foot curb and gutter, and a 15-foot sidewalk. The applicant's proposal would also require a lesser dedication of right-of-way, from the typical required 31.5 feet to 20 feet from centerline. Public Comment: Staff has not received any public comment on this item. DISCUSSION: Variance 1: Staff supports the applicant's request to expand the width of the driveway entrance to 34 feet from a typical maximum of 24 feet. Staff finds that the parking deck is expected to serve at least 290 vehicle spaces and is expected to serve larger -scale events that take place at surrounding locations and venues, such as the Walton Arts Center. Those events will likely have greater numbers of traffic volume coming and going from the site at approximately the same time. Staff finds that having the extra lane will aid in clearing the garage more quickly than if there were only two lanes provided. Variance 2: Staff supports the applicant's request to reduce the parking stall depth from 19 feet to 18 feet. With this change, the parking deck will still maintain a 24-foot wide drive aisle width throughout the internal spaces, which should still provide ample space for vehicle maneuverability throughout the site. Given the narrow width of the overall garage, additional space to meet the typical parking depth standard is not available, though finds that the 18-foot depth provided should still be ample to avoid vehicular conflict and maintain parking in an orderly manner. Variance 3: Staff supports the applicant's request to vary from the Master Street Plan standards requirements at this location. One of the main intents behind the Urban Center street section is to allow flexibility for street design in areas that may or may not merit certain typical elements, such as additional greenspace, or on -street parking. While staff can administratively approve some items, the applicant is proposing a greater than typical sidewalk at 15 feet, which although will reside outside of the public right-of-way, will still fall within City of Fayetteville -owned property. Staff finds that the required elements to meet the intent behind the Downtown/Urban Street Center cross section are in place, but that with the sidewalk located entirely outside of the right-of-way, requires additional consideration by Planning Commission. Staff supports the request, finding that ample parking will be provided through the development of the garage, and the larger -than -typical sidewalk will protect the pedestrian realm and maintain a comfortable and safe pedestrian environment along the property's frontage. However, because the applicant is requesting to dedicate less right-of-way than is typically required through the Master Street Plan section, staff identifies that this will require additional approval by City Council. RECOMMENDATION: Staff recommends approval of VAR-2021-000030, with conditions as recommended by staff. Conditions of Approval: 1. Planning Commission determination of a variance to maximum driveway width of 24 feet (172.04(F)(4)(a)(ii)). Staff supports the request based on the findings herein; Planning Commission June 28, 2021 Agenda Item 5 VAR 21-000030 West Ave. Deck Page 2 of 13 2. Planning Commission determination of a variance to typical parking stall depth of 19 feet. (172.04(E)(Table 1)). Staff supports the request based on the findings herein; 3. Planning Commission determination of a variance to Master Street Plan minimum requirements (166.04(13)(3)(c)(i)). Staff supports the request based on the findings herein; 4. Lesser dedication of right-of-way request must be approved by City Council; 5. Approval of this variance is not an approval for the associated site improvement plan, lot split, or other development requirements. Please resubmit plats to the Planning Division addressing comments and revisions from the approval of this variance. PLANNING COMMISSION ACTION: Required YES jDate: June 28, 2021 O Tabled Motion: Sparkman Second: Sharp jVote: 5-0-1 (Belden recused BUDGET/STAFF IMPACT: None M Approved O Denied with all conditions as outlined by staff Attachments: • Unified Development Code o §172.04 Parking Lot Design Standards o §166.04 Required Infrastructure Improvements - Development In City Limits • Downtown/Urban Street Master Street Plan standards • Applicant Request Letter • Site Exhibits • One Mile Map • Close-up Map • Current Land Use Map 172.04 Parking Lot Design Standards (See: Illustration: Parking Dimension Factors) (E) Dimensional Requirements. (See Table 1) Planning Commission June 28, 2021 Agenda Item 5 VAR 21-000030 West Ave. Deck Page 3 of 13 TABLE 1 DIMENSIONAL REQUIREMENTS Angle (A) Type Width (in ft.) (B) Curb length (in ft.) (C) One-way aisle width (in ft.) D Two-way aisle width (in ft.) D Stall depth (in ft.) E) 0° Standard 8 22.5 12 24 8 Parallel Compact 7.5 19.5 12 24 7.5 30° Standard 9 18 12 24 17 Compact 7.5 15 12 24 14 45° Standard 9 12.5 12 24 19 Compact 7.5 10.5 12 24 16 60° Standard 9 10.5 18 24 20 Compact 7.5 8.5 15 24 16.5 90° Standard 9 9 24 24 19 Compact 7.5 7.5 22 24 15 Motorcycle/Scooter 3 3 12-24 24 7.5-9 (4) Entrances and Internal Aisle Design for Parking Lots Containing Nine (9) or More Parking Spaces. The driveway width into parking lots shall meet the following requirements: (a) Entrances. (i) One -Way Access to Parking Lots. If the driveway is a one-way in or one-way out, then the driveway width shall be a minimum of 12 feet and a maximum of 16 feet. (ii) Two -Way Access to Parking Lots. For two (2) way access, the driveway width shall be a minimum 20 feet and a maximum width of 24 feet, unless otherwise required by the Fire Department. (iii) Neighborhood and Regional Links. Driveways that enter neighborhood and regional link streets may be required to have two (2) outbound lanes (one (1) for each turning direction) and one (1) inbound lane for a maximum total driveway width of 39 feet. (iv) Effective Curb Radius. All driveways serving nine (9) or more parking spaces shall have an effective curb radius of 15 feet for curb cuts on residential link streets and an effective curb cut radius of 20 feet for neighborhood and regional link streets. (b) Internal Aisle Design. (i) Aisles shall be designed so that they intersect at 90 degrees with other aisles and driveways where practical. (ii) Aisles shall be designed to discourage cut -through traffic by use of landscape islands, and shall meet the requirements of Chapter 177: Landscape Regulations. (iii) Aisles shall conform to the dimensional requirements of §172.04(C). Parking Lots With Nine (9) Spaces or More Driveway Dimensional Requirement One Way Access 12 feet Minimum - 16 feet Maximum Two Way Access 2 Drive Lanes 10 feet Minimum Each - 24 feet Maximum Total Drivewa Width Neighborhood/Regional Link 3 Drive Lanes - Maximum of 39 feet Effective Curb Radius - Residential Link 15 feet Effective Curb Radius - Neighborhood/Regional Link 20 feet (Ord. No. 4725, 7-19-05; Ord. No. 4855, 4-18-06; Ord. No. 4917, 9-05-06; Ord. No. 5044, 8-07-07; Ord. No. 5079, 11-20-07; Ord. No. 5297, 12-15-09; Ord. No. 5592, 06-18-13; Ord. No. 5680, 4-15-14; Ord. No. 5841 , §§1-3, 1-5- 16; Ord. No. 5859, §2, 3-15-16; Ord. No. 6325, §1, 6-16-2020; Ord. No. 6350 , §9(Exh. G), 8-18-2020) Planning Commission June 28, 2021 Agenda Item 5 VAR 21-000030 West Ave. Deck Page 4 of 13 166.04 Required Infrastructure Improvements - Development In City Limits (A) Generally. Required of developer. (1) On and Off -Site Improvements. On -site improvements are adjacent to or within a project site; such as widening the street along the project street frontage, constructing interior streets and utilities, etc. Off - site improvements are not adjacent to a project; such as the extension of an off -site sewer line to the property boundary, off -site storm drainage improvements, or an off -site intersection improvement, etc. (B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing the following minimum improvements. (3) Preliminary/Final/Concurrent Plat, Large Scale Development, Large or Small Site Improvement Plan. (a) Dedication of Right -of -Way. (i) On -site. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right-of-way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision Committee; provided, the Planning Commission or Subdivision Committee may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (ii) Council Acceptance of Streets and Alleys. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Streets. (i) On -Site. Widening the street adjacent to the project frontage and construction of all interior streets to meet Master Street Plan standards. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (ii) Off -Site. Street widening and/or new street construction off -site may be required to address traffic impacts based on the rough proportion and rational nexus of the impacts of the project. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (iii) Private Street Name Signs. Where a structure is addressed on a private street or drive, the developer or property owner(s) shall be required to install, maintain, repair and replace all private street name signs. Any private street name sign existing at the time of passage of this ordinance shall be maintained, repaired and replaced as required by this section. Signs shall meet the standards of the Manual on Uniform Traffic Control Devices (MUTCD) and shall be installed at all street/drive intersections. Unless approved otherwise, all signs shall be retroreflective and utilize a white legend on a green background. (Code 1965, App. C., Art. III, §A(2), (3); Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code 1991, §§159.31, 159.32; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1-00; Ord. No. 4660, 12-21-04; Ord. No. 5152, 7-15-08; Ord. No. 5271, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5374, 12-21-10; Ord. No. 5523, 9-4-12; Ord. No. 5570, 03-05-13; Ord. No. 6116 , §1, 11-20-18; Ord. No. 6166 , §§1, 2, 4-2-19; Ord. No. 6195 , §1, 6-4-19; Ord. No. 6350, §3(Exh. B), 8-18-2020) Planning Commission June 28, 2021 Agenda Item 5 VAR 21-000030 West Ave. Deck Page 5 of 13 -14 N O bA N N 'G U •� O bA t- N N c 0 4.4 M s., O O�Ci _ Q) 4� s: > 4r 7d -0 9, cLn � O �, v O cd O N a�41 00 = p 0 = s. O 4� 'G Q O O 'C O Q' N O OCn N O N �, bb ski Q, _. b�A . -d Ix ��' LZ 3 No d w 'O III—�tl JI— II i Planning Commission June 28, 2021 Agenda Item 5 VAR 21- 30 West Ave. Deck Page 6 of 13 MEMO TO: Jonathan Ely, City Engineer Jessie Masters, City Planner FROM: Olsson :),.114-1 oil ( 04s'.'. ❑ Overnight ❑ Regular Mail ❑ Hand Delivery ® Other: Portal RE: Variances for Fayetteville Parking Deck (West Street) DATE: 06/23/2021 PROJECT #: 020-0275 PHASE: TASK: Summary: Due to the physical limitations of the parcel and specific needs of the Fayetteville Downtown Park Deck, there are three variances needed to complete the project as designed. The first variance requested involves driveway access and agreements made between the City of Fayetteville and the Walton Arts Center. This parking deck is replacing the parking currently provided in the Walton Art Centers parking lot on the corner of Dickson Street and West Street. The agreement with the Walton Art Center to allow the City to remove the parking lot and replace it with other improvements included that the Parking Deck would have two exits. The proposed deck includes dual exits unto West Street to meet this requirement. The second variance is requested to allow for a reduces stall depth for the standard 19'. The deck has been designed to be approximately 120' wide due to the space limitations between the existing freight building and the existing right-of-way. This limits the ramps to approximately 60' wide which doesn't allow for two 19' stalls and a 24' drive. The last variance involves complying with the Master Street Plan typical section for a Urban Center Street. We are proposing to reduce the right-of-way required from 31.5' to 20' from centerline. The sidewalk will be moved out of the right-of-way to allow for a 10' drive and 9' loading/unloading and fire aerial access lane. Additional right-of-way can not be dedicated to the limitations of the site to accommodate the parking deck design. Variance Requested: 34' Driveway entrance Fayetteville UDC 172.04 Parking Lot Design Standards, Part E Table 1: Maximum width is 24' for driveways Description of Variance: The entrance has been widened to 34' to accommodate dual exits, due to an agreement between the City of Fayetteville and the Walton Arts Center. The standard design of a parking deck and the physical limitations of the site does not all for a second separate exit from the deck unto public right-of-way. There is a second exit from the deck, but it only allows for access to a private parking lot to the north. The exit unto West is required to be widened beyond the standard 24' to allow for dual exits from the deck. 302 E. Millsap Road / Fayetteville, APqry'iaq Commission O 479.443.3404 / olsson.co June 28, 2021 ,Rgenda Item 5 VAR 21-000030 West Ave. Deck Page 7 of 13 :),.114-1 oil ( 04s'.'. Variance Requested: 18' Stall Depth Fayetteville UDC 172.04 Parking Lot Design Standards, Part E Table 1: Stall depth minimum is 19' Description of Variance: Due to the limitations of the site the width of the structure is limited to approximately 120'. Each ramp is approximately 60' wide which will allow for two 18' stalls and a 24' drive. The variance requests a reduction in the stall depth from 19' to 18'. Variance Requested: Master Street Plan — Urban Center Fayetteville UDC 116.11(A) Conformance to Plans and Regulations Description of Variance: Due to the limitations of the site and the adequate design of the Parking Deck additional right-of-way could not be dedicated with this development. The distance between the existing freight building and the existing right-of-way is just wide enough for construction of the parking deck per parking deck standards. The Urban Center typical section includes a 31.5' right-of-way from centerline with a 10' drive lane, 8' parking lane, 1.5' curb and gutter, 4' furniture lane and an 8' sidewalk. We are proposing to the following section in the existing 20' right-of-way from centerline. A 10' drive, 9' loading/unloading and fire aerial access lane, 1.5 curb and gutter (gutter is counted toward load/unloading lane) and an approximate 15' sidewalk located outside of the right-of-way. 302 E. 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M, k k z � ws3 e 2�b Planning Commission 5, 2021 Agenda Item 5 VAR 21-000030 West Ave. Deck Page 9 of 13 °~—AgemdaItem n VAR o1-0O003OWest Ave.oeox Page 1uvr1u VAR-2021-000030 One Mile View MAP P-1 West Ave. Parking Deck 0 0.125 0.25 r 1 1 y� Subject Property � I t i MSC RMF-40 G I OC 1 RMF-24 7 1 0 1 y I ■ — - 1 I 1 Neighborhood Link Institutional Master Plan ----- Regional Link - High Activity Urban Center _ • Shared -Use Paved Trail ❑ — — Trail (Proposed) L Design Overlay District a i r Fayetteville City Limits _ Planning Area -- - �• �' Planning Area Fayetteville City Limits _ F iles RSF-4 NORTH IW o CS K j [ R-O Zoning L2 Gener9 IMustriel RESIDENTIAL SINGLE-FAMILY E%TRACTION RI-U COMMERCIAL RI-12 Resitlen0el-OMce �NSL �ResitlenYel-PgriculWrel =C-2 R. 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