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HomeMy WebLinkAbout2021-08-03 - 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 August 3, 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 August 3, 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: 1. Nominating Committee Report: Housing Authority Board Confirmation Agenda Additions: 2021-0611 1. Special Session - Mask Mandate: A resolution to request that Governor Hutchinson include within his call for a Special Session the historic and necessary authority of local governments to protect the health and safety of their citizens through an Amendment of Act 1002 of 2021. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 193-21 A. Consent: 1. Approval of the July 20, 2021 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 2021-0509 2. Osher Lifelong Learning Institute: A resolution to approve a lease agreement with the Board of Trustees of the University of Arkansas for the unoccupied banquet area in the Airport Terminal building to be used by the Osher Lifelong Learning Institute to conduct classes from August 1, 2021 through December 31, 2021, in the amount of $25.00 for each day the space is used. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 194-21 2021-0511 3. RFQ 20-01 Trekk Design Group, LLC: A resolution to authorize a contract with Trekk Design Group, LLC, pursuant to RFQ 20-01, to provide professional services related to the Lucity Asset Management and Work Order System in an amount not to exceed $25,000.00 for the remainder of 2021. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 195-21 2021-0529 4. Dickson Street Central Improvement District # 1 Amendment #2: A resolution to approve Amendment #2 to the Lease Agreement with Dickson Street Central Improvement District #1 for management of the 55 parking spaces in the Gregg Avenue parking Lot for a term of one year with automatic renewals for up to five additional one year terms. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 196-21 2021-0536 5. Bid # 21-54 KAJACS Contractors, Inc.: A resolution to award Bid # 21-54 and authorize a contract with KAJACS Contractors, Inc. In the amount of $3,479,500.00 for the construction of approximately 10,835 Linear Feet of waterlines in various locations, and to approve a project contingency in the amount of $347,950.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 197-21 2021-0538 6. JCI Industries, Inc.: A resolution to accept a quote in the amount of $21,590.50 plus applicable taxes and freight charges from JCI Industries, Inc. for the repair of an aerator at the Noland Water Resource Recovery Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 198-21 2021-0537 7. Bid #21-56 Maguire Iron, Inc.: A resolution to award Bid #21-56 and authorize a contract with Maguire Iron, Inc. in the amount of $153,000.00 for the painting and rehabilitation of the Round Mountain Water Standpipe, and to approve a project contingency in the amount of $15,300.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 199-21 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 2021-0540 8. RFQ #21-01 Selection #14 Olsson, Inc.: A resolution to approve a Professional Engineering Services Agreement with Olsson, Inc., pursuant to RFQ #21-01 Selection #14, in an amount not to exceed $107,000.00 for design and other services related to the rehabilitation of the Markham Hill Water Storage Tank. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.200-21 2021-0542 9. Bid #21-614817orty Solutions, LLC: A resolution to award Bid #21-61 and authorize a contract with 4817orty Solutions, LLC for pallet removal and recycling for the price of $2.50 per pallet for a term of one year with the option to renew for up to four additional one year terms PASSED AND SHALL BE RECORDED AS RESOLUTION NO.201-21 2021-0567 10. 2022 Budget to Patrol the City Trails: A resolution to express the intent of the City Council to add a full time Police Officer to the 2022 budget to patrol the City Trails. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 202-21 B. Unfinished Business: 2021-0466 1. 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. At the July 20, 2021 City Council meeting, this ordinance was left on the first reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6460 C. New Business: 2021-0546 1. RZN-2021-054: (111 & 115 S. West Ave./Jensen-Ostner): An ordinance to rezone that property described in rezoning petition RZN 21-054 located at 111 and 115 South West Avenue for approximately 0.31 acres from NC, Neighborhood Conservation to MSC, Main Street Center. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6461 2021-0549 2. RZN-2021-055 (212 N. Crossover Rd./Ap Real Estate): An ordinance to rezone that property described in rezoning petition RZN 21-055 located at 212 North Crossover Road for 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov approximately 0.63 acres from RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6462 2021-0547 3. VAC-2021-021: (3988 W. Mountain View Dr./Mountain Ranch): An ordinance to approve VAC 21-0021 for property located at 3988 West Mountain View Drive to vacate a portion of a general utility easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6463 2021-0551 4. Appeal ADM-2021-038 (2512 W. Mt. Comfort Rd./Hays): A resolution to grant the appeal of Daniel Hays and approve a major modification of Large Scale Development LSD 19-6780 by granting a variance to the city's access management standards to allow a second driveway at 2512 West Mount Comfort Road. THIS ORDINANCE WAS TABLED TO THE AUGUST 17, 2021 CITY COUNCIL MEETING. 2021-0568 5. Amend § 114.10 Regulation Of Expanded Polystyrene (Eps) Foam Single -Use Plates, Bowls, Clamshells, Cups And Similar Products: An ordinance to amend § 114.10 Regulation of Expanded Polystyrene (Eps) Foam Single -Use Plates, Bowls, Clamshells, Cups and Similar Products to comply with Act 751 of 2021. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6464 2021-0571 6. Amend § 158.05 Off -Site Improvements/Delays: An ordinance to Amend § 158.05 Off -Site Improvements/Delays to conform this section to the requirements of A.C.A. § 14-56-103 Development Impact Fees -Definition THIS ITEM WAS LEFT ON A FIRST READING 2021-0584 7. Act 1002 of 2021: A resolution to support and join, if feasible, the litigation to enjoin the misguided and dangerous Act 1002 of 2021. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 203-21 Announcements: City Council Agenda Session Presentations: None Adjournment: 7:30 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting: August 3, 2021 Adjourn: 193-21 Res. 16460 Ord. Subject: Roll Scroggin (W3P1) Bunch (W3P2) Turk C4 b Ka '� UVIC (W4P1) Hertzberg (W4P2) Gutierrez / (W1P1) Jones (W1P2) v Kinion (W2P1) Petty / (W2P2) ✓/, Mayor Jordan / Subject: Motion To: nt Motion By: Seconded: Scroggin / (W3P1) Bunch (W3P2) Turk (W4P1) � � vif- J� (J Hertzberg / (W4P2) Gutierrez (W1P1) Jones (W1P2) Jones. V wo, (W1P2) 2P Petty (W2P2) Mayor Jordan ri-1) City Council Meeting: August 3, 2021 Subject: ry( f Motion To: Motion By:���- %j 1 �•{�Q1Z Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) �j Hertzberg (W4P2) • U� Gutierrez (W1P1) Y 1 Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) 1/ Mayor Jordan 0 n'1 Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan City Council Meeting: August 3, 2021 Subject: Consent Motion To: WL, Motion By: Seconded:r Scroggin A. 1 -A. 10 VV3P1 Bunch (W3P2) Turk (W4P1) Hertzberg / (W4P2) Gutierrez (W1P1) Jones (W1P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan �-O Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W1P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan City Council Meeting: August 3, 2021 Subject: AMEND CHAPTER 173 BUILDING REGULATIONS: 2021-0466 Motion To: Motion By: Seconded: I Scroggin Unfinished (W3P1) Bunch / Business (W3P2) Turk B.1 (W4P1) Hertzberg / (W4P2) ✓ �QN Gutierrez (W1P1) / ✓ Jones ✓ (W1P2) ✓ 1� Kinion (W2P1) Petty (W2P2) d ro_d-,.G ISM' / V Mayor Jordan q'() �-o � _D S'0 Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W1P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan City Council Meeting: August 3, 2021 Subject: RZN-2021-054: (111 & 115 S. WEST AVE./JENSEN-OSTNER): 2021-0546 Motion To: n �c �� 10,,�s Motion By: Seconded: �S Scroggin New (W3P1) Bunch Business (W3P2) , Turk C.1 (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) ✓ �Xvl Jones / (W 1 P2) G Kinion (W2P1) ✓ Petty (W2P2) J Mayor Jordan 9-0 0 9-1 Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan City Council Meeting: August 3, 2021 Subject: RZN-2021-055 (212 N. CROSSOVER RD./AP REAL ESTATE): 2021-0549 Motion To: Motion By: Seconded: �. JL 7�1 Scroggin / New (W3P1) Bunch Business (W3P2) Turk C.2 (W4P1) Hertzberg % (W4P2) ✓ ✓ Gutierrez (W1P1) Jones 1� (W1P2) Kinion (W2P1) ✓ ✓ Petty (W2P2) ✓ / V Mayor Jordan �-0 S'o ri, I Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W 1 Pl) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan City Council Meeting: August 3, 2021 Subject: VAC-2021-021: (3988 W. MOUNTAIN VIEW DR./MOUNTAIN RANCH): 2021- 0547 Motion To: I f NJ 61L, Motion By: f� C�� I .f��l I LC.1 Y)'w?.� - Seconded:�f_�r J Scroggin (W3P1) ✓ ✓ New Bunch Business (W3P2) J �/ Turk / C.3 (W4P1) ✓ Hertzberg / (W4P2) ✓ Gutierrez (W1P1) Jones (W 1 P2) \ Kinion / (W2P1) ✓ Petty (W2P2) ✓ Mayor Jordan 1 o 9-0 Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan City Council Meeting: August 3, 2021 Subject: APPEAL ADM-2021-038 (2512 W. MT. COMFORT RD./HAYS): 2021-0551 Motion To: Motion By: Seconded:�V Scroggin New (W3Pl) Bunch / Business (W3P2) Turk CA (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones ' (W1P2) Kinion (W2P1) ✓ Petty / (W2P2) Mayor Jordan Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan City Council Meeting: August 3, 2021 AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) Subject: FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS: 2021-0568 Motion To: Motion By: Seconded: ua Scroggin New (W3P1) Bunch ✓ 1 / Business (W3P2) v Turk C.5 (W4P1) Hertzberg / (W4P2) ( Gutierrez W1P1 }V4 ��- Jones (WIP2) Kin ion (W2P1) Petty (W2P2) ✓ v Mayor Jordan 17-0 (7-6 '7.6 Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan City Council Meeting: August 3, 2021 AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS: 2021-0571 Subject: Motion To: Motion By: Seconded: Scroggin New (W3P1) Bunch Business (W3P2) Turk C.6 (W4P1) Hertzberg (W4P2) V� Gutierrez I(W1P1) Jones f (W 1 P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (WIPl) Jones (W I P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan City Council Meeting: August 3, 2021 Subject: Act 1002 of 2021: 2021-0584 Motion To: I Motion By: oU� Seconded: Scroggin New (W3P1) Bunch Business (W3P2) Turk C.7 (W4P1) Hertzberg (W4P2) Gutierrez / (W1P1) \ � v �) Jones (W1P2) / ✓ Kinion (W2P1) Petty (W2P2tJordtan 1/ Mayor n— Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W1P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan City Council Meeting: August 3, 2021 Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (WiPI) Jones (W1P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan City Council Meeting: August 3, 2021 Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W1P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan Subject: Motion To: Motion By: Seconded: Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Mayor Jordan ut� ju'j-'�-A 14 1 71,�, I /� f ' City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 r e- Al rr City Council Tentative Agenda Tuesday, July 27, 2021 4:30 PM City Hall Room 219 Ci 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 27, 2021 Zoom Information: Public Registration Link: hftps://zoom.us/webinar/register/WN—MYlaQgxdQ3GRouM7bkK2mw Webinar ID: 975 7726 3340 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2020-0978 MONTHLY FINANCIAL REPORT Proposed Agenda Additions A. Consent: A.1 2020-0881 APPROVAL OF THE JULY 20, 2021 CITY COUNCIL MEETING MINUTES A.2 2021-0509 OSHER LIFELONG LEARNING INSTITUTE: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES FROM AUGUST 1, 2021 THROUGH DECEMBER 31, 2021, IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED City of Fayetteville, Arkansas Page 2 Printed on 712212021 City Council Agenda Session Tentative Agenda July 27, 2021 V A.3 2021-0511 RFQ 20-01 TREKK DESIGN GROUP, LLC: A RESOLUTION TO AUTHORIZE A CONTRACT WITH TREKK DESIGN GROUP, LLC, PURSUANT TO RFQ 20-01, TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE LUCITY ASSET MANAGEMENT AND WORK ORDER SYSTEM IN AN AMOUNT NOT TO EXCEED $25,000.00 FOR THE REMAINDER OF 2021 / A.4 2021-0529 DICKSON STREET CENTRAL IMPROVEMENT DISTRICT # 1 AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT #2 TO THE LEASE AGREEMENT WITH DICKSON STREET CENTRAL IMPROVEMENT DISTRICT #1 FOR MANAGEMENT OF THE 55 PARKING SPACES IN THE GREGG AVENUE PARKING LOT FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS Y A.5 2021-0536 BID # 21-54 KAJACS CONTRACTORS, INC.: A RESOLUTION TO AWARD BID # 21-54 AND AUTHORIZE A CONTRACT WITH KAJACS CONTRACTORS, INC. IN THE AMOUNT OF $3,479,500.00 FOR THE CONSTRUCTION OF APPROXIMATELY 10,835 LINEAR FEET OF WATERLINES IN VARIOUS LOCATIONS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $347,950.00 V A.6 2021-0538 JCI INDUSTRIES, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $21,590.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI INDUSTRIES, INC. FOR THE REPAIR OF AN AERATOR AT THE NOLAND WATER RESOURCE RECOVERY FACILITY City of Fayetteville, Arkansas Page 3 Printed on 7/22/2021 City Council Agenda Session Tentative Agenda July 27, 2021 J A.7 2021-0537 BID #21-56 MAGUIRE IRON, INC.: A RESOLUTION TO AWARD BID #21-56 AND AUTHORIZE A CONTRACT WITH MAGUIRE IRON, INC. IN THE AMOUNT OF $153,000.00 FOR THE PAINTING AND REHABILITATION OF THE ROUND MOUNTAIN WATER STANDPIPE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,300.00 J A.8 2021-0540 RFQ #21-01 SELECTION #14 OLSSON, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #21-01 SELECTION #14, IN AN AMOUNT NOT TO EXCEED $107,000.00 FOR DESIGN AND OTHER SERVICES RELATED TO THE REHABILITATION OF THE MARKHAM HILL WATER STORAGE TANK I/ A.9 2021-0542 BID #21-61 48FORTY SOLUTIONS, LLC: A RESOLUTION TO AWARD BID #21-61 AND AUTHORIZE A CONTRACT WITH 48FORTY SOLUTIONS, LLC FOR PALLET REMOVAL AND RECYCLING FOR THE PRICE OF $2.50 PER PALLET FOR A TERM OF ONE YEAR WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS A.10 2021-0567 2022 BUDGET TO PATROL THE CITY TRAILS: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD A FULL TIME POLICE OFFICER TO THE 2022 BUDGET TO PATROL THE CITY TRAILS B. Unfinished Business: City of Fayetteville, Arkansas Page 4 Printed on 712212021 City Council Agenda Session Tentative Agenda July 27, 2021 BA 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 At the July 20, 2021 City Council meeting, this ordinance was left on the first reading. C. New Business: CA 2021-0546 RZN-2021-054: (111 & 115 S. WEST AVE./JENSEN-OSTNER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-054 LOCATED AT I I I AND 115 SOUTH WEST AVENUE FOR APPROXIMATELY 0.31 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET CENTER JC.2 2021-0549 RZN-2021-055 (212 N. CROSSOVER RD./AP REAL ESTATE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-055 LOCATED AT 212 NORTH CROSSOVER ROAD FOR APPROXIMATELY 0.63 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE City of Fayetteville, Arkansas Page 5 Printed on 7/22/2021 City Council Agenda Session Tentative Agenda July 27, 2021 JC.3 2021-0547 VAC-2021-021: (3988 W. MOUNTAIN VIEW DR./MOUNTAIN RANCH): AN ORDINANCE TO APPROVE VAC 21-0021 FOR PROPERTY LOCATED AT 3988 WEST MOUNTAIN VIEW DRIVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT V CA 2021-0551 APPEAL ADM-2021-038 (2512 W. MT. COMFORT RD./HAYS): A RESOLUTION TO GRANT THE APPEAL OF DANIEL HAYS AND APPROVE A MAJOR MODIFICATION OF LARGE SCALE DEVELOPMENT LSD 19-6780 BY GRANTING A VARIANCE TO THE CITY'S ACCESS MANAGEMENT STANDARDS TO ALLOW A SECOND DRIVEWAY AT 2512 WEST MOUNT COMFORT ROAD A5 2021-0568 AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS: AN ORDINANCE TO AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS TO COMPLY WITH ACT 751 OF 2021 C.6 2021-0571 AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS: AN ORDINANCE TO AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS TO / CONFORM THIS SECTION TO THE REQUIREMENTS OF A.C.A. §14-56-103 ✓ DEVELOPMENT IMPACT FEES -DEFINITION D. City Council Agenda Session Presentations: V^ -- '112-5 /z r . City of Fayetteville, Arkansas Page 6 Primed on 7122/2021 v/ J City Council Agenda Session D.1 2021-0150 Tentative Agenda AGENDA SESSION PRESENTATION - SALES TAX REPORT ENERGY REPORT BY PETER NIERENGARTEN D.2 2021-0527 AGENDA SESSION PRESENTATION: ECONOMIC VITALITY AND RECOVERY 5-YEAR PLAN UPDATE E. City Council Tour: F. Announcements: G. Adjournment July 27, 2021 City of Fayetteville, Arkansas Page 7 Printed on 7/22/2021 �/0 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (-179) 575-8323 City Council Tentative Agenda Tuesday, July 27, 2021 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member D'Andre Jones Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petry 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 27, 2021 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions Ci Council Meeting Presentations, Reports and Discussion Items: 2020-0978 MONTHLY FINANCIAL REPORT Proposed Agenda Additions A. Consent: .A1.1 2020-0881 AiAPPROVAL OF THE JULY 20, 2021 CITY COUNCIL MEETING MINUTES 2021-0509 OSHER LIFELONG LEARNING INSTITUTE: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES FROM AUGUST 1, 2021 THROUGH DECEMBER 31, 2021, IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED Summer Fallen City of Fayetteville, Arkansas Page 2 Printed on 7/21/2021 City Council Agenda Session Tentative Agenda July 27, 2021 AF' 2021-0511 RFQ 20-01 TREKK DESIGN GROUP, LLC: A RESOLUTION TO AUTHORIZE A CONTRACT WITH TREKK DESIGN GROUP, LLC, PURSUANT TO RFQ 20-01, TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE LUCITY ASSET MANAGEMENT AND WORK ORDER SYSTEM IN AN AMOUNT NOT TO EXCEED $25,000.00 FOR THE REMAINDER OF 2021 Kei Macedo 4 2021-0529 DICKSON STREET CENTRAL IMPROVEMENT DISTRICT # 1 AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT #2 TO THE LEASE AGREEMENT WITH DICKSON STREET CENTRAL IMPROVEMENT DISTRICT #1 FOR MANAGEMENT OF THE 55 PARKING SPACES IN THE GREGG AVENUE PARKING LOT FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS Jn Clay ,1152021-0536 BID # 21-54 KAJACS CONTRACTORS, INC.: A RESOLUTION TO AWARD BID # 21-54 AND AUTHORIZE A CONTRACT WITH KAJACS CONTRACTORS, INC. IN THE AMOUNT OF $3,479,500.00 FOR THE CONSTRUCTION OF APPROXIMATELY 10,835 LINEAR FEET OF WATERLINES IN VARIOUS LOCATIONS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $347,950.00 Tim Nyander City of Fayetteville, Arkansas Page 3 Printed on 7/21/2021 City Council Agenda Session Tentative Agenda July 27, 2021 .X . 2021-0538 JCI INDUSTRIES, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $21,590.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI INDUSTRIES, INC. FOR THE REPAIR OF AN AERATOR AT THE NOLAND WATER RESOURCE RECOVERY FACILITY TIM Nyander 2021-0537 BID #21-56 MAGUIRE IRON, INC.: A RESOLUTION TO AWARD BID #21-56 AND AUTHORIZE A CONTRACT WITH MAGUIRE IRON, INC. IN THE AMOUNT OF $153,000.00 FOR THE PAINTING AND REHABILITATION OF THE ROUND MOUNTAIN WATER STANDPIPE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,300.00 Tiin 'yander 2021-0540 RFQ #21-01 SELECTION #14 OLSSON, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #21-01 SELECTION #14, IN AN AMOUNT NOT TO EXCEED $107,000.00 FOR DESIGN AND OTHER SERVICES RELATED TO THE REHABILITATION OF THE MARKHAM HILL WATER STORAGE TANK Tim Nyander City of Fayetteville, Arkansas Page 4 Printed on 712112021 City Council Agenda Session Tentative Agenda July 27, 2021 A.9 2021-0542 BID #21-61 48FORTY SOLUTIONS, LLC: A RESOLUTION TO AWARD BID #21-61 AND AUTHORIZE A CONTRACT WITH 48FORTY SOLUTIONS, LLC FOR PALLET REMOVAL AND RECYCLING FOR THE PRICE OF $2.50 PER PALLET FOR A TERM OF ONE YEAR WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS $rian P�Eeh AV4 0 2021-0567 2022 BUDGET TO PATROL THE CITY TRAILS: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD A FULL TIME POLICE OFFICER TO THE 2022 BUDGET TO PATROL THE CITY TRAILS Council Member Scroggin 2021-0505 4 �J \' BID 21-52 ARCSTAR ELECTRIC, LLC - 2019 STREET IMPROVEMENT BOND PROJECT: hA RESOLUTION TO AWARD BID #21-52 AND AUTHORIZE A CONTRACT WITH ARCSTAR ELECTRIC, LLC IN THE AMOUNT OF $598,443.00 FOR THE INSTALLATION OF DECORATIVE LIGHTING ON SPRING STREET FROM WEST AVENUE TO COLLEGE AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND PROJECT Matt Mihalevich B. Unfinished Business: City of Fayetteville, Arkansas Page 5 Printed on 712112021 City Council Agenda Session Tentative Agenda 2021-0466 p� AMEND CHAPTER 173 BUILDING REGULATIONS: July 27, 2021 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 At the July 20, 2021 City Council meeting, this ordinance was left on the first reading. At the July 20, 2021 City Council meeting, this ordinance was left on the first reading. At the July 20, 2021 City Council meeting, this ordinance was left on the first reading. At the July 20, 2021 City Council Meeting, this ordinance was left on a first reading. C. ew Business: 1 2021-0546 RZN-2021-054: (III & 115 S. WEST AVE./JENSEN-OSTNER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-054 LOCATED AT I I I AND 115 SOUTH WEST AVENUE FOR APPROXIMATELY 0.31 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET CENTER Jon 6n Curth 00 2021-0549 RZN-2021-055 (212 N. CROSSOVER RD./AP REAL ESTATE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-055 LOCATED AT 212 NORTH CROSSOVER ROAD FOR APPROXIMATELY 0.63 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE Jonathan Curth City of Fayetteville, Arkansas Page 6 Printed on 712112021 City Council Agenda Session Tentative Agenda July 27, 2021 2021-0547 VAC-2021-021: (3988 W. MOUNTAIN VIEW DR./MOUNTAIN RANCH): AN ORDINANCE TO APPROVE VAC 21-0021 FOR PROPERTY LOCATED AT 3988 WEST MOUNTAIN VIEW DRIVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT ]gnat an Curth 2021-0551 APPEAL ADM-2021-038 (2512 W. MT. COMFORT RD./HAYS): A RESOLUTION TO GRANT THE APPEAL OF DANIEL HAYS AND APPROVE A MAJOR MODIFICATION OF LARGE SCALE DEVELOPMENT LSD 19-6780 BY GRANTING A VARIANCE TO THE CITY'S ACCESS MANAGEMENT STANDARDS TO ALLOW A SECOND DRIVEWAY AT 2512 WEST MOUNT COMFORT ROAD Junaty(sn Curth 2021-0568 AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS: AN ORDINANCE TO AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS TO COMPLY WITH ACT 751 OF 2021 Y6ouil Member Turk 2021-0571 AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS: AN ORDINANCE TO AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS TO CONFORM THIS SECTION TO THE REQUIREMENTS OF A.C.A. §14-56-103 DEVELOPMENT IMPACT FEES -DEFINITION D. City Council Agenda Session Presentations: City of Fayetteville, Arkansas Page 7 Printed on 712112021 City Council Agenda Session Tentative Agenda July 27, 2021 2021-0150 AGENDA SESSION PRESENTATION - SALES TAX REPORT ENERGY REPORT BY PETER NIERENGARTEN 2021-0527 AGENDA SESSION PRESENTATION: ECONOMIC VITALITY AND RECOVERY 5-YEAR PLAN UPDATE E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 7/21/2021 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan Kit Williams City Attorney Blake Pennington Assistant City Attorney THRU: Kara Paxton, City Clerk Jodi Batker Paralegal FROM: Kit Williams, City Attorney (-- az- DATE: August 4, 2021 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of August 3, 2021 1. A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES FROM AUGUST 1, 2021 THROUGH DECEMBER 31, 2021, IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED 2. A RESOLUTION TO AUTHORIZE A CONTRACT WITH TREKK DESIGN GROUP, LLC, PURSUANT TO RFQ 20-01, TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE LUCITY ASSET MANAGEMENT AND WORK ORDER SYSTEM IN AN AMOUNT NOT TO EXCEED $25,000.00 FOR THE REMAINDER OF 2021 3. A RESOLUTION TO APPROVE AMENDMENT #2 TO THE LEASE AGREEMENT WITH DICKSON STREET CENTRAL IMPROVEMENT DISTRICT #1 FOR MANAGEMENT OF THE 55 PARKING SPACES IN THE GREGG AVENUE PARKING LOT FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS 4. A RESOLUTION TO AWARD BID # 21-54 AND AUTHORIZE A CONTRACT WITH KAJACS CONTRACTORS, INC. IN THE AMOUNT OF $3,479,500.00 FOR THE CONSTRUCTION OF APPROXIMATELY 10,835 LINEAR FEET OF WATERLINES IN VARIOUS LOCATIONS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $347,950.00 5. A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $21,590.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI INDUSTRIES, INC. FOR THE REPAIR OF AN AERATOR AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 6. A RESOLUTION TO AWARD BID 421-56 AND AUTHORIZE A CONTRACT WITH MAGUIRE IRON, INC. IN THE AMOUNT OF $153,000.00 FOR THE PAINTING AND REHABILITATION OF THE ROUND MOUNTAIN WATER STANDPIPE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,300.00 7. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLS SON, INC., PURSUANT TO RFQ #21-01 SELECTION #14, IN AN AMOUNT NOT TO EXCEED $107,000.00 FOR DESIGN AND OTHER SERVICES RELATED TO THE REHABILITATION OF THE MARKHAM HILL WATER STORAGE TANK 8. A RESOLUTION TO AWARD BID #21-61 AND AUTHORIZE A CONTRACT WITH 48FORTY SOLUTIONS, LLC FOR PALLET REMOVAL AND RECYCLING FOR THE PRICE OF $2.50 PER PALLET FOR A TERM OF ONE YEAR WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 9. A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD A FULL TIME POLICE OFFICER TO THE 2022 BUDGET TO PATROL THE CITY TRAILS 10. 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 11. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-054 LOCATED AT 111 AND 115 SOUTH WEST AVENUE FOR APPROXIMATELY 0.31 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET CENTER 12. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-055 LOCATED AT 212 NORTH CROSSOVER ROAD FOR APPROXIMATELY 0.63 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE 13. AN ORDINANCE TO APPROVE VAC 21-0021 FOR PROPERTY LOCATED AT 3988 WEST MOUNTAIN VIEW DRIVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 2 14. AN ORDINANCE TO AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS TO COMPLY WITH ACT 751 OF 2021 15. A RESOLUTION TO SUPPORT AND JOIN, IF FEASIBLE, THE LITIGATION TO ENJOIN THE MISGUIDED AND DANGEROUS ACT 1002 OF 2021 16. A RESOLUTION TO REQUEST THAT GOVERNOR HUTCHINSON RECONSIDER AND INCLUDE WITHIN HIS CALL FOR A SPECIAL SESSION THE HISTORIC AND NECESSARY AUTHORITY OF LOCAL GOVERNMENTS TO PROTECT THE HEALTH AND SAFETY OF THEIR CITIZENS THROUGH AN AMENDMENT OF ACT 1002 OF 2021 3 CityClerk From: Pennington, Blake Sent: Monday, July 12, 2021 10:59 AM To: Curth, Jonathan; CityClerk; Umberger, Ryan Cc: Williams, Kit; Masters, Jessica Subject: RE: appeal to be heard by city council Categories: FYI I spoke with Kit about this and he confirmed that the appeal can be heard. Blake E. Pennington Assistant City Attorney Tele: (479) 575-8313 bpennin ton °,fayetteville-ar.goV From: Curth, Jonathan <jcurth@fayetteville-ar.gov> Sent: Friday, July 9, 2021 11:33 AM To: CityClerk <cityclerk@fayetteville-ar.gov>; Umberger, Ryan <rmberger@fayetteville-ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: RE: appeal to be heard by city council Lisa, Confirmed, thank you. Blake advised that he will evaluate it Monday. Assuming it is not kicked -back, Planning will work on getting it before Council. Ryan, Please plan on having this submitted in Legistar before the 7/16 deadline associated with the 8/3 CC meeting. Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas icurth@favetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube From: CityClerk <cityclerk@favetteville-ar.gov> Sent: Friday, July 9, 2021 10:09 AM To: Curth, Jonathan <]curth@favetteville-ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov>; Williams, Kit <kwilliams@favetteville-ar.gov>; CityClerk <cityclerk@fayetteville-ar.gov> Subject: FW: appeal to be heard by city council Please see the email below regarding an appeal for ADM 2021-000038. Please confirm receipt Have a nice day! Lisa From: Danny Hays <danny@trailwoodrv.com> Sent: Thursday, July 8, 2021 9:37 PM To: CityClerk <cityclerk@favetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Fwd: appeal to be heard by city council 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. Sent from my iPhone Begin forwarded message: From: Danny Hays <trailwoodrv@sbcglobal.net> Date: July 8, 2021 at 5:24:25 PM CDT To: Danny Hays <danny@trailwoodrv.com> Subject: appeal to be heard by city council DANIEL HAYS 2556 WEST MOUNT COMFORT RD # 29 FAYETTEVILLE, AR 72704 ADM 2021-000038 This application is to appeal the denial given by the PLANNING COMMISSION and have this heard by the CITY COUNCIL. Casey's nor the City of Fayetteville has offered any compensation for the taking of the driveway at 2512 West Mount Comfort Rd. Casey's was not authorized to negotiate any part of parcel # 765-13582-000 other than what was being purchased by Casey's (new parcel # 765-13582-101 ) and 30-feet construction easement. Casey's was not authorized to negotiate property over 60 feet from what they purchased. By denying me the use of my current driveway you are putting me in increased danger by forcing me to make a left at the stop light where traffic is obstructed due to the curve coming off Porter Rd to West Mount Comfort Rd. Currently, I have a better visibility to oncoming traffic before I make a left turn. Keeping our current driveway is not increasing traffic on West Mount Comfort Rd. It is a Private Drive. The left turn signal at the traffic light does not always have the arrow protecting you when making a left turn from oncoming traffic. The current driveway gives additional time to view oncoming traffic before making a turn. If Fayetteville is concerned with the safety of citizens driving on West Mount Comfort Rd., then enforcing the speed limit and fining people for running red lights should be a top priority. Sincerely, Daniel Hays 07-08-2021 CityClerk From: Danny Hays <danny@trailwoodrv.com> Sent: Thursday, July 8, 2021 9:37 PM To: CityClerk; Pennington, Blake Subject: Fwd: appeal to be heard by city council Categories: 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. Sent from my iPhone Begin forwarded message: From: Danny Hays <trailwoodrv@sbcgloba1.net> Date: July 8, 2021 at 5:24:25 PM CDT To: Danny Hays <danny@trailwoodrv.com> Subject: appeal to be heard by city council DANIEL HAYS 2556 WEST MOUNT COMFORT RD # 29 FAYETTEVILLE, AR 72704 ADM 2021-000038 This application is to appeal the denial given by the PLANNING COMMISSION and have this heard by the CITY COUNCIL. Casey's nor the City of Fayetteville has offered any compensation for the taking of the driveway at 2512 West Mount Comfort Rd. Casey's was not authorized to negotiate any part of parcel # 765-13582-000 other than what was being purchased by Casey's (new parcel # 765-13582-101 ) and 30-feet construction easement. Casey's was not authorized to negotiate property over 60 feet from what they purchased. By denying me the use of my current driveway you are putting me in increased danger by forcing me to make a left at the stop light where traffic is obstructed due to the curve coming off Porter Rd to West Mount Comfort Rd. Currently, I have a better visibility to oncoming traffic before I make a left turn. Keeping our current driveway is not increasing traffic on West Mount Comfort Rd. It is a Private Drive. The left turn signal at the traffic light does not always have the arrow protecting you when making a left turn from oncoming traffic. The current driveway gives additional time to view oncoming traffic before making a turn. If Fayetteville is concerned with the safety of citizens driving on West Mount Comfort Rd., then enforcing the speed limit and fining people for running red lights should be a top priority. Sincerely, Daniel Hays 07-08-2021 IN OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Dennis Sanders, Building Safety Director FROM: Kit Williams, City Attorney DATE: July 27, 2021 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Slight revision of Section 5 of the proposed ordinance to amend §173.08 Unsafe Buildings and Property Nuisances The City Attorney's Office believes a few changes to the proposed Section 5 will make subsections (B) and (C) of §173.08 Unsafe Buildings and Property Nuisances more clear while maintaining the updates and minor procedural changes sought by our Building Official, Dennis Sanders. I have attached my office's new proposed wording for (B) and (C) as well as a copy of the proposed ordinance's current wording. First, we made the person who needs to be notified of any property nuisance to agree with subsection (A)'s "owner". Use of "offender' was dropped. We also specified that it would be the Building Official who would make the initial determination that the property was a nuisance or was so unsafe, dilapidated or unsanitary that further city action was required. We also strengthened the Code's notice requirements of a possible nuisance to the owner. The standard procedures of Code Compliance do comply with due process notice requirements, but I wanted the Code to be more clear itself. I also provided the Building Official explicit permission and discretion to allow extension of the period to correct the problems if the owner was making substantial progress. I think this is what has sometimes happened in the past, but the newly proposed wording did not seem to give the Building Official this discretion. In (C), the most significant change I suggest is to provide more discretion to the Building Official about referring an uncorrected violation to either the City Prosecutor or the City Council or both. More importantly, I removed the mandatory duty of the City Council to order a raise and removal of a dilapidated, unsafe or unsanitary building and instead empowered you to do so. I did this by substituting "may" for the proposed "shall." I believe it is almost always better to empower the City Council to do something rather than making it a duty by using "shall." This way, even in a situation in which a building will likely need to be raised, the City Council has discretion and may delay final action to allow the property owner more time to repair or raise the building. The only mandatory duty I left in place for the City Council after the City had been forced to raise and remove a building was a due process hearing to determine "the fair and true costs to the city for this raise and removal" in order to place a lien on the property. That hearing really must be accomplished. If you agree with the proposed changes to the currently proposed ordinance, please make a motion to amend Section 5 to the new language I have supplied to you. 2 4 Section 3: 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 (13)(1), (13)(3), and (B)(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: J {.1., vre� "(B) Property Nuisances. Whenever it is found that any person is violating any of the provisions v 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 CIX'�"�1 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." PASSED and APPROVED this 20th day of July, 2021. APPROVED: LIONELD JORDAN, Mayor ATTEST: I0 KARA PAXTON, City Clerk/Treasurer P,filUt (414A`w-� 6'041 " 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 (13)(1), (13)(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. If the Building Official determines that a property owner is violation of any of the provisions or requirements set out in the International Property Maintenance Code, the Building Official shall serve the owner in person or by certified mail and posting upon the property the written notice stating the suspected violation and setting a reasonable time limit for the owner to correct the violation. Further notice procedures may need to be undertaken if actual notice to the owner has not been achieved. If the owner does not properly and completely resolve and correct the violations noted in the letter notice within the prescribed time limit (plus any time extensions allowed by the Building Official for the owner's substantial progress in correcting the violations), the Building Official may proceed to the abatement procedures of 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 have proven unsatisfactory, the Building Official may forward the matter for prosecution to the City Prosecutor. (2) Raze and Removal Order by the City Council. The Building Official may also refer an uncorrected violation to the City Council which may schedule a due process public hearing to determine whether or not the subject building is a property nuisance pursuant to International Property Maintenance Code and/or other Codes adopted in the Unified Development Code 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 of Fayetteville citizens and residents, the City Council may by resolution order the owner of the building to either completely abate the nuisance or raze and remove the unsafe or nuisance building within a period of not less than thirty (30) days. 1A ► wo�,ll ��1,� J-L C.9(crhi (3) Lien on the Property. If the owner fails to comply with the Resolution to completely j S J 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 and authority 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 due process public hearing to determine the fair and true costs to the city for this raze and removal and may place a lien in that amount upon the subject property to be enforced pursuant f' 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." PASSED and APPROVED this 20t" day of July, 2021. APPROVED: In ATTEST: LE LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, August 3, 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 August 3, 2021 ZOOM INFORMATION: Public Registration Link: https://zoom.us/webinar/register/Vv'N-3PXAuUsRP60ssbX9CIz—w Webinar ID: 938 6906 3791 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. 2021-0614 NOMINATING COMMITTEE REPORT 2. 2020-0978 MONTHLY FINANCIAL REPORT Proposed Agenda Additions 2021-0611 A RESOLUTION TO REQUEST THAT GOVERNOR HUTCHINSON INCLUDE WITHIN HIS CALL FOR A SPECIAL SESSION THE HISTORIC AND NECESSARY AUTHORITY OF LOCAL GOVERNMENTS TO PROTECT THE HEALTH AND SAFETY OF THEIR CITIZENS THROUGH AN AMENDMENT OF ACT 1002 OF 2021 A. Consent A.1 2020-0881 APPROVAL OF THE JULY 20, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 2 Printed on 81212021 City Council Meeting Final Agenda August 3, 2021 A.2 2021-0509 OSHER LIFELONG LEARNING INSTITUTE: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES FROM AUGUST 1, 2021 THROUGH DECEMBER 31, 2021, IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED A.3 2021-0511 RFQ 20-01 TREKK DESIGN GROUP, LLC: A RESOLUTION TO AUTHORIZE A CONTRACT WITH TREKK DESIGN GROUP, LLC, PURSUANT TO RFQ 20-01, TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE LUCITY ASSET MANAGEMENT AND WORK ORDER SYSTEM IN AN AMOUNT NOT TO EXCEED $25,000.00 FOR THE REMAINDER OF 2021 A.4 2021-0529 DICKSON STREET CENTRAL IMPROVEMENT DISTRICT # 1 AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT #2 TO THE LEASE AGREEMENT WITH DICKSON STREET CENTRAL IMPROVEMENT DISTRICT #1 FOR MANAGEMENT OF THE 55 PARKING SPACES IN THE GREGG AVENUE PARKING LOT FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS City of Fayetteville, Arkansas Page 3 Printed on 81212021 City Council Meeting Final Agenda August 3, 2021 A.5 A.6 A.7 A.8 2021-0536 BID # 21-54 KAJACS CONTRACTORS, INC.: A RESOLUTION TO AWARD BID # 21-54 AND AUTHORIZE A CONTRACT WITH KAJACS CONTRACTORS, INC. IN THE AMOUNT OF $3,479,500.00 FOR THE CONSTRUCTION OF APPROXIMATELY 10,835 LINEAR FEET OF WATERLINES IN VARIOUS LOCATIONS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $347,950.00 2021-0538 JCI INDUSTRIES, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $21,590.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI INDUSTRIES, INC. FOR THE REPAIR OF AN AERATOR AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 2021-0537 BID #21-56 MAGUIRE IRON, INC.: A RESOLUTION TO AWARD BID #21-56 AND AUTHORIZE A CONTRACT WITH MAGUIRE IRON, INC. IN THE AMOUNT OF $153,000.00 FOR THE PAINTING AND REHABILITATION OF THE ROUND MOUNTAIN WATER STANDPIPE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,300.00 2021-0540 RFQ #21-01 SELECTION #14 OLSSON, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #21-01 SELECTION #14, IN AN AMOUNT NOT TO EXCEED $107,000.00 FOR DESIGN AND OTHER SERVICES RELATED TO THE REHABILITATION OF THE MARKHAM HILL WATER STORAGE TANK City of Fayetteville, Arkansas Page 4 Printed on 81212021 City Council Meeting Final Agenda August 3, 2021 A.9 2021-0542 BID #21-61 48FORTY SOLUTIONS, LLC: A RESOLUTION TO AWARD BID #21-61 AND AUTHORIZE A CONTRACT WITH 48FORTY SOLUTIONS, LLC FOR PALLET REMOVAL AND RECYCLING FOR THE PRICE OF $2.50 PER PALLET FOR A TERM OF ONE YEAR WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS A.10 2021-0567 2022 BUDGET TO PATROL THE CITY TRAILS: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD A FULL TIME POLICE OFFICER TO THE 2022 BUDGET TO PATROL THE CITY TRAILS B. Unfinished Business B.1 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 At the July 20, 2021 City Council meeting, this ordinance was left on the first reading. C. New Business City of Fayetteville, Arkansas Page 5 Printed on 81212021 City Council Meeting Final Agenda August 3, 2021 CA C.2 C.3 CA 2021-0546 RZN-2021-054: (Ill & 115 S. WEST AVE./JENSEN-OSTNER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-054 LOCATED AT 111 AND 115 SOUTH WEST AVENUE FOR APPROXIMATELY 0.31 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET CENTER 2021-0549 RZN-2021-055 (212 N. CROSSOVER RD./AP REAL ESTATE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-055 LOCATED AT 212 NORTH CROSSOVER ROAD FOR APPROXIMATELY 0.63 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE 2021-0547 VAC-2021-021: (3988 W. MOUNTAIN VIEW DR./MOUNTAIN RANCH): AN ORDINANCE TO APPROVE VAC 21-0021 FOR PROPERTY LOCATED AT 3988 WEST MOUNTAIN VIEW DRIVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 2021-0551 APPEAL ADM-2021-038 (2512 W. MT. COMFORT RD./HAYS): A RESOLUTION TO GRANT THE APPEAL OF DANIEL HAYS AND APPROVE A MAJOR MODIFICATION OF LARGE SCALE DEVELOPMENT LSD 19-6780 BY GRANTING A VARIANCE TO THE CITY'S ACCESS MANAGEMENT STANDARDS TO ALLOW A SECOND DRIVEWAY AT 2512 WEST MOUNT COMFORT ROAD City of Fayetteville, Arkansas Page 6 Printed on 81212021 City Council Meeting Final Agenda August 3, 2021 C.5 2021-0568 AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS: AN ORDINANCE TO AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS TO COMPLY WITH ACT 751 OF 2021 C.6 2021-0571 AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS: AN ORDINANCE TO AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS TO CONFORM THIS SECTION TO THE REQUIREMENTS OF A.C.A. § 14-56-103 DEVELOPMENT IMPACT FEES -DEFINITION C.7 2021-0584 A RESOLUTION TO SUPPORT AND JOIN, IF FEASIBLE, THE LITIGATION TO ENJOIN THE MISGUIDED AND DANGEROUS ACT 1002 OF 2021 D. City Council Agenda Session Presentations D.1 2021-0150 AGENDA SESSION PRESENTATION - SALES TAX REPORT ENERGY REPORT BY PETER NIERENGARTEN D.2 2021-0527 AGENDA SESSION PRESENTATION: ECONOMIC VITALITY AND RECOVERY 5-YEAR PLAN UPDATE E. City Council Tour F. Announcements City of Fayetteville, Arkansas Page 7 Printed on 81212021 City Council Meeting Final Agenda August 3, 2021 G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 8 Printed on 81212021 City Council Meeting Final Agenda August 3, 2021 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff s presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall City of Fayetteville, Arkansas Page 9 Printed on 81212021 City Council Meeting Final Agenda August 3, 2021 leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479)575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 10 Printed on 81212021 CityClerk From: CityClerk Sent: Tuesday, August 3, 2021 3:09 PM To: Bolinger, Bonnie; Pennington, Blake; Bunch, Sarah; CityClerk; Curth, Jonathan; Eads, Gail; Roberts, Gina; Gutierrez, Sonia; Hertzberg, Holly; Batker, Jodi; Jones, D'Andre; Kinion, Mark; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Rea, Christine; Scroggin, Sloan; Norton, Susan; Thurber, Lisa; Turk, Teresa Cc: Planning Shared Subject: FW: Please DENY Appeal ADM-2021-038 (2512 W. MT. COMFORT RD./HAYS) Please see email below from Kyle Smith. From: Kyle Smith <kyle.smith@kyle4fay.org> Sent: Tuesday, August 3, 2021 2:15 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Please DENY Appeal ADM-2021-038 (2512 W. MT. COMFORT RD./HAYS) 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. Item C.4 on tonight's agenda is an appeal to a denied variance of the driveway separation standards on Mt Comfort. Please vote to deny this appeal. The Planning Commission voted to deny the variance. Planning staff recommends denial of variance and the appeal. The closure was required as a part of the Large Scale Development for the Casey's store. That plan was reviewed at three public meetings and approved by the Planning Commission on November of 2019. The approval was six months BEFORE THE PROPERTY WAS SOLD by tonight's appellant in April of 2020. A few years earlier, this same topic was a huge sticking point in multiple meetings for a failed application for a Kum & Go on the same site. The issue was well trodden before the 2019 Casey's application. The appellant advised the Council Members at the public tour that they had negotiated cross access with Casey's as part of the sale. Both of the Casey's driveways were designed and built to provide access to the appellant's property, including concrete being poured to their property line without a raised curb. The appellant owns a very large parcel with frontage on four city streets, and two additional adjacent parcels providing through access to a fifth city street. Construction is underway for an extension to Emil Drive that will increase the appellant's frontage within inches of the interior streets of the mobile home park. Mt Comfort has a high traffic volume, four lanes, and no turning lane. Traffic frequently backs up from the traffic light past this driveway. Drivers routinely ignore the right-in/right-out driveway at Casey's creating a dangerous zone with many quick and unpredictable (and often illegal) vehicle movements. Please refer to the attached imagery (linked here) for an overview of 9 alternatives and preferable points of access this property owner has available without a variance to the Unified Development Code CA Deny Appeal ADM-2021-038 (2512 W. MT. COMF... Kyle Smith kyle.smith@kyle4fay.org 479.274.8881 Facebook I Twitter I Website City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, August 3, 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 August 3, 2021 ZOOM INFORMATION: Public Registration Link: https://zoom.us/webinar/register/Vv'N-3PXAuUsRP60ssbX9CIz—w Webinar ID: 938 6906 3791 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. 2021-0614 NOMINATING COMMITTEE REPORT 2. 2020-0978 MONTHLY FINANCIAL REPORT Proposed Agenda Additions 1. 2021-0611 SPECIAL SESSION - MASK MANDATE: A RESOLUTION TO REQUEST THAT GOVERNOR HUTCHINSON INCLUDE WITHIN HIS CALL FOR A SPECIAL SESSION THE HISTORIC AND NECESSARY AUTHORITY OF LOCAL GOVERNMENTS TO PROTECT THE HEALTH AND SAFETY OF THEIR CITIZENS THROUGH AN AMENDMENT OF ACT 1002 OF 2021 A. Consent A.1 2020-0881 APPROVAL OF THE JULY 20, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 2 Printed on 81312021 City Council Meeting Final Agenda August 3, 2021 A.2 2021-0509 OSHER LIFELONG LEARNING INSTITUTE: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES FROM AUGUST 1, 2021 THROUGH DECEMBER 31, 2021, IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED A.3 2021-0511 RFQ 20-01 TREKK DESIGN GROUP, LLC: A RESOLUTION TO AUTHORIZE A CONTRACT WITH TREKK DESIGN GROUP, LLC, PURSUANT TO RFQ 20-01, TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE LUCITY ASSET MANAGEMENT AND WORK ORDER SYSTEM IN AN AMOUNT NOT TO EXCEED $25,000.00 FOR THE REMAINDER OF 2021 A.4 2021-0529 DICKSON STREET CENTRAL IMPROVEMENT DISTRICT # 1 AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT #2 TO THE LEASE AGREEMENT WITH DICKSON STREET CENTRAL IMPROVEMENT DISTRICT #1 FOR MANAGEMENT OF THE 55 PARKING SPACES IN THE GREGG AVENUE PARKING LOT FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS City of Fayetteville, Arkansas Page 3 Printed on 81312021 City Council Meeting Final Agenda August 3, 2021 A.5 A.6 A.7 A.8 2021-0536 BID # 21-54 KAJACS CONTRACTORS, INC.: A RESOLUTION TO AWARD BID # 21-54 AND AUTHORIZE A CONTRACT WITH KAJACS CONTRACTORS, INC. IN THE AMOUNT OF $3,479,500.00 FOR THE CONSTRUCTION OF APPROXIMATELY 10,835 LINEAR FEET OF WATERLINES IN VARIOUS LOCATIONS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $347,950.00 2021-0538 JCI INDUSTRIES, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $21,590.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI INDUSTRIES, INC. FOR THE REPAIR OF AN AERATOR AT THE NOLAND WATER RESOURCE RECOVERY FACILITY 2021-0537 BID #21-56 MAGUIRE IRON, INC.: A RESOLUTION TO AWARD BID #21-56 AND AUTHORIZE A CONTRACT WITH MAGUIRE IRON, INC. IN THE AMOUNT OF $153,000.00 FOR THE PAINTING AND REHABILITATION OF THE ROUND MOUNTAIN WATER STANDPIPE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,300.00 2021-0540 RFQ #21-01 SELECTION #14 OLSSON, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #21-01 SELECTION #14, IN AN AMOUNT NOT TO EXCEED $107,000.00 FOR DESIGN AND OTHER SERVICES RELATED TO THE REHABILITATION OF THE MARKHAM HILL WATER STORAGE TANK City of Fayetteville, Arkansas Page 4 Printed on 81312021 City Council Meeting Final Agenda August 3, 2021 A.9 2021-0542 BID #21-61 48FORTY SOLUTIONS, LLC: A RESOLUTION TO AWARD BID #21-61 AND AUTHORIZE A CONTRACT WITH 48FORTY SOLUTIONS, LLC FOR PALLET REMOVAL AND RECYCLING FOR THE PRICE OF $2.50 PER PALLET FOR A TERM OF ONE YEAR WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS A.10 2021-0567 2022 BUDGET TO PATROL THE CITY TRAILS: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD A FULL TIME POLICE OFFICER TO THE 2022 BUDGET TO PATROL THE CITY TRAILS B. Unfinished Business B.1 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 At the July 20, 2021 City Council meeting, this ordinance was left on the first reading. C. New Business City of Fayetteville, Arkansas Page 5 Printed on 81312021 City Council Meeting Final Agenda August 3, 2021 CA C.2 C.3 CA 2021-0546 RZN-2021-054: (Ill & 115 S. WEST AVE./JENSEN-OSTNER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-054 LOCATED AT 111 AND 115 SOUTH WEST AVENUE FOR APPROXIMATELY 0.31 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET CENTER 2021-0549 RZN-2021-055 (212 N. CROSSOVER RD./AP REAL ESTATE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-055 LOCATED AT 212 NORTH CROSSOVER ROAD FOR APPROXIMATELY 0.63 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE 2021-0547 VAC-2021-021: (3988 W. MOUNTAIN VIEW DR./MOUNTAIN RANCH): AN ORDINANCE TO APPROVE VAC 21-0021 FOR PROPERTY LOCATED AT 3988 WEST MOUNTAIN VIEW DRIVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 2021-0551 APPEAL ADM-2021-038 (2512 W. MT. COMFORT RD./HAYS): A RESOLUTION TO GRANT THE APPEAL OF DANIEL HAYS AND APPROVE A MAJOR MODIFICATION OF LARGE SCALE DEVELOPMENT LSD 19-6780 BY GRANTING A VARIANCE TO THE CITY'S ACCESS MANAGEMENT STANDARDS TO ALLOW A SECOND DRIVEWAY AT 2512 WEST MOUNT COMFORT ROAD City of Fayetteville, Arkansas Page 6 Printed on 81312021 City Council Meeting Final Agenda August 3, 2021 C.5 C.6 C.7 2021-0568 AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS: AN ORDINANCE TO AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS TO COMPLY WITH ACT 751 OF 2021 2021-0571 AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS: AN ORDINANCE TO AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS TO CONFORM THIS SECTION TO THE REQUIREMENTS OF A.C.A. § 14-56-103 DEVELOPMENT IMPACT FEES -DEFINITION 2021-0584 SUPPORT TO JOIN SUIT: A RESOLUTION TO SUPPORT AND JOIN, IF FEASIBLE, THE LITIGATION TO ENJOIN THE MISGUIDED AND DANGEROUS ACT 1002 OF 2021 D. City Council Agenda Session Presentations D.1 D.2 2021-0150 AGENDA SESSION PRESENTATION - SALES TAX REPORT ENERGY REPORT BY PETER NIERENGARTEN 2021-0527 AGENDA SESSION PRESENTATION: ECONOMIC VITALITY AND RECOVERY 5-YEAR PLAN UPDATE E. City Council Tour City of Fayetteville, Arkansas Page 7 Printed on 81312021 City Council Meeting Final Agenda August 3, 2021 F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 8 Printed on 81312021 City Council Meeting Final Agenda August 3, 2021 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff s presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall City of Fayetteville, Arkansas Page 9 Printed on 81312021 City Council Meeting Final Agenda August 3, 2021 leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479)575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 10 Printed on 81312021 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 20, 2021 City Council Meeting Minutes July 20, 2021 Page 1 of 13 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. Mayor Jordan called the meeting to order. Mayor Lioneld Jordan, Council Members Sonia Gutierrez, D'Andre Jones, Mark Kinion, Matthew Petty, Sarah Bunch, Sloan Scroggin, Teresa Turk, Holly Hertzberg, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Chief of Police Mike Reynolds, Fire Chief Brad Hardin, staff members from the IT Department, and members of the press were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: 2020 Comprehensive Annual Financial Report - Paul Becker Paul Becker, Chief Financial Officer presented the 2020 Comprehensive Annual Report, which is statutorily required. He spoke briefly about what was included in the report. He stated 2020 was a good and positive year for the City of Fayetteville, even though we faced the Coronavirus. He stated there were no material weaknesses and no significant deficiencies. He spoke about the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 2 of 13 compliance report. He stated all the filings have been completed with the Federal government and State. He stated the report is posted to the City of Fayetteville website for viewing. Agenda Additions: None Consent: Approval of the July 6, 2021 City Council meeting minutes. APPROVED 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. Resolution 188-21 as recorded in the office of the City Clerk 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. Resolution 189-21 as recorded in the office of the City Clerk 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. Resolution 190-21 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 3 of 13 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. Council Member Scroggin 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 unanimously. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: The applicant is going to present a Bill of Assurance that the City Council has already seen. We will need to amend the ordinance to say, subject to the Bill of Assurance. Jonathan Curth, Development Services Director stated he had no new updates. He gave a brief summary of the Bill of Assurance. There was a brief procedural conversation on how to add the amendment. Council Member Gutierrez moved to amend the ordinance to add the Bill of Assurance. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Robert Rhoads, Hall Estill Law Firm representing the applicant gave a brief description of the project and Bill of Assurance. Council Member Scroggin: I wasn't on City Council when we did a lot of the form based zones. I know what the goals were there, especially along Rupple Road. One of the things in looking back is that we messed up in allowing people to do mixed use, but we didn't require it. So, all that's been done there is houses, which is why we have a traffic problem in West Fayetteville. I don't think we have a zone that requires mixed use. I don't know if we've got a Bill of Assurance before. If we want mixed use, it needs to be codified, because it doesn't happen unless it's codified. I will be in support of this. Council Member Kinion: I support this. The developer has gone to far extremes to be sure this gets rezoned so they can build the property the way that they want it filled. I certainly appreciate that. I was on City Council when we started form based and I think that always with any code, you have to evaluate and re-evaluate because things change. In this case, it was handled exactly right with working with the developer. We have the Bill of Assurance. There's no reason we would not support it even with the elements we have assured. Council Member Turk: This has been kind of a tough one for me. I appreciate the developer listening to people and creating the Bill of Assurance for us. They have been phenomenally responsive. However, I went back over there and drove around again. I just feel like it's too dense and there is a leap frogging that's going on. I will not be able to support this. I appreciate what the developer has gone through and tried to accommodate some of our concerns. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 4 of 13 Council Member Hertzberg moved to table the ordinance. Council Member Turk seconded the motion. Upon roll call the motion failed 3-5. Council Members Turk, Hertzberg and Kinion voting yes. Council Members Petty, Scroggin, Bunch, Gutierrez, and Jones voting no. Council Member Kinion: I voted to support the position of the Ward 4 Council Members on this. I think it's a good compromise and one that I will support. I respect Ward 4 looking out for their constituency. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Members Petty, Scroggin, Bunch, Gutierrez, Jones, and Kinion voting yes. Council members Turk and Hertzberg voting no. Ordinance 6457 as Recorded in the office of the City Clerk New Business: 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. Mike Reynolds, Chief of Police gave a brief description of the resolution. He stated the death of Officer Carr, death of Officer Apple in Pea Ridge, injury to Tyler Frank's in Prairie Grove, the COVID-19 pandemic, increased workload and violence has created some recruitment challenges for the Police Department. He spoke about rising violent crimes statistics. He stated this is not just a local problem, violence is a nationwide problem. He stated property crime is up also. He spoke about assaults against Fayetteville Police Officers being on the rise. He stated the morale within the rank and file and the interest in the law enforcement profession has diminished. He stated recruitment and retention is an evolving crisis for him as the Police Chief and for Police Chiefs throughout the nation. He stated recruiting deficits are strained on our workforce and it can cause burnout. He stated turnover is at an all-time high for our Police Department. He stated 13 officers have left the Fayetteville Police Department within the first seven months of this year, which is about 10% of his workforce. He stated he has seven openings and four more that are potentially leaving the Police Department for other jobs. He stated he has four that are in the Police Academy and are scheduled to graduate Thursday. He stated he has four waiting to attend the Police Academy, which will be begin in August. He stated he has one that's on a yearlong military deployment and three are on FMLA, which he is currently without 15% of his workforce. He stated in 2021 there has been a 63% decrease in officer applications. He stated I am seeking approval to implement signing bonuses for newly hired officers for the upcoming test, which is scheduled for August 21, 2021 with an application deadline of August 13, 2021. He is proposing a $5,000 bonus for newly hired officers and $10,000 bonus for certified officers. He spoke about the installment schedule of the qualifying candidates. He spoke about nation workforce data. He stated there was an 18% overall increase in resignations from 2019 through year to date. He stated there was a 45% overall increase in retirements from 2019 to year to date. He stated Police Departments across the country are experiencing about a 50% decline in applicants. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 5 of 13 Council Member Scroggin: I plan on supporting this. We have to get the best cops. I plan on bringing forward a Trails Cop request for another officer. I've got people that say they won't take their family to our parks and trails. We've got to get that fixed. It seems like everything that the Police Force is bringing forward, has to be voted on the night it's brought to us. Most other departments usually go through more of the readings, if it's a controversial issue than the Police Force. I understand the urgency now, but in the future, I would like to get these and actually read them two or three times, instead of, we got to do it now or it's gone. Council Member Bunch: Chief, the reason we are getting this right now is because you've got testing coming up in August. What is that exactly? Mike Reynolds, Chief of Police: Typically, we try to test three times a year. They coincide with the three academies that occurs. We try to test in December to prepare us for February Police Academy. In April, to prepare us for a May Police Academy and then in August to prepare us for that Police Academy as well. The sense of urgency was when we saw this occur in April, we saw that we only had nine certified applicants. I tried to do an emergency test to see if we could increase our applicants and we had 10 certified applicants through the emergency test last month. I've talked to the Mayor and HR Director and we're trying to think outside the box to increase our applicant pool to maintain the professional Police Officers that we've come to employ. We are in an evolving dynamic crisis. Council Member Turk: There was an article in the paper about how Fayetteville was losing Police Officers. In contrasting that, I believe Bentonville and Rogers are losing less Police Officers to other outside forces. Do you have any kind of idea what may be going on here? Why are they able to retain their officers and we haven't been able to do so? Mike Reynolds, Chief of Police: We did a really good job up until December of this year and that's when we saw the first officer that exited. All of those other agencies are experiencing the same thing that we experienced, with the exception of a death of an officer. I think that has taken an emotional toll on our officers and a psychological toll as well. There's usually a time period, we call it when the bag pipes stop playing and where do you go from there. You've heard me talk about the number of officers we have per thousand here in Fayetteville. At 1.49 compared to the other 11 largest cities in Arkansas that average 2.27. You couple that with being overworked as well. Council Member Bunch: Of the cities in Northwest Arkansas, what city has less Police Officers than we do? Mike Reynolds, Chief of Police: Bentonville. Council Member Bunch: Maybe Bella Vista? Mike Reynolds, Chief of Police: Yes. They have less population. Rogers, does as well. Springdale is the only Northwest Arkansas city that has more Police Officers than us. In the River Valley, it would be Fort Smith. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 6 of 13 Council Member Turk: Do you mean, per capita or total numbers? Mike Reynolds, Chief of Police: I mean total numbers. When you look at the Springdale Police Department, they are 152 and Fort Smith is 160. I think Rogers is around 120. Council Member Turk: Per capita, with all the other Northwest Arkansas cities, we are still the lowest? Mike Reynolds, Chief of Police: We are dead last. The City Council received 5 public comments regarding this resolution. Council Member Kinion: We've heard tonight, why Fayetteville might be facing a tougher situation from other municipalities. If you have one of your fellow officers assassinated, it's going to be a serious effect on the department as a whole. It has been mentioned that maybe it's the facilities. We are working on this by having new facilities planned and I think that is a lot of it. I don't believe Springdale, Rogers or Bentonville Police are working out of a JC Penney store. That's exactly what this was built for. We have to respect the situation that our Police Officers face here in Fayetteville and the emotional trauma that was placed on them because of the events of the year. It was a lot of events this year and called out our Police Officers. Fayetteville has some of the finest Police Officers, anywhere. The leadership is exceptional. It's other factors that have led to our recruitment and retention situation. Coming from the business area, I'm having a hard time filling jobs at our business and the first thing you do is offer a signing bonus. It sets you apart from the other similar industries. It shows we care enough that we're going to finance that and we're going to invest in them. They will have an investment in Fayetteville because they have three years that they've committed too. Every element associated with this signing bonus should be supported by City Council. This is for the safety and protection of the community. They are not just Police Officers; they are Peace Officers. I will support this. Council Member Jones stated during the pandemic, the Black Lives Matter movement, there's been a surge in crime. He stated there's been political unrest and minimal staff with the Police Department. He stated the Police Department has continued to protect and serve the entire Fayetteville community. He stated the numbers are alarming that Chief Reynolds spoke about. He spoke about safety and security for all citizens. He stated we must support our Chief and the FPD as it relates to attracting and hiring the best officers to keep Fayetteville safe. He stated the FPD has done an amazing job as it relates to outreach to marginalized communities. He spoke about the partnerships that the FPD participates in. He stated crime, for various reasons continues to increase. He stated this is a crisis and if we wait any longer, we continue to compromise the health and safety of residents. He spoke in favor of the resolution. Council Member Hertzberg stated she would like to speak with citizen, Sarah Moore, as she has good ideas. She stated she doesn't think taking money from the General Fund and reverting that from the Police Department is the answer. She stated there are some other monies available to address concerns. She spoke in support of Chief Reynolds and FPD. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 7 of 13 Council Member Petty stated he will support the resolution for the reason if we're going to hire Police Officers, we should hire the best. He stated it's obvious we're having a hiring challenge. He spoke about the officers per thousand statistic and Fayetteville's comparison to other cities. He stated our crime rates may be up year to year, but in the long term when we think about a better society, don't we want to have a high quality of life, with a lower need to hire Cops. He stated our number is maybe too low, but it shouldn't be the same as these other cities, because we are making other investments in the way people live, and the resources they have. He stated when we talk about that in the future, he wants to talk about our officers, per violent crime. Council Member Scroggin stated with the rate, there's a lot of things that are correlated. He spoke about education and with the University, you are hopefully going to need less Police Officers. He stated people that have higher education, generally commit crimes at a lower rate. He stated we need to find out what that number is and strive for our number and not strive for other people's number. Council Member Bunch stated she is in support of the resolution. She spoke about being impressed with the Fayetteville Police Department and how they handle crime, ball games, and such. She stated we have a different dynamic that drives what happens in our city than the other cities in the area. She spoke about Fayetteville not having a sobering center. Mike Reynolds, Chief of Police: There was some recent legislation that was passed to allow for sobering centers. Sobering centers are newly discussed in Arkansas. Those are separate from Police Departments but are supported by Police Departments. We didn't plan for one in our new Police Facility. In our new Police Facility will be a booking facility. Being able to book in people and book out people, so they wouldn't have to be incarcerated for minor crimes. We've had discussions about sobering centers, and we are supportive of those. It's a bigger discussion we would need to have on a larger scale. Council Member Bunch: Put that on my list of things we need to discuss. I am still impressed with what we do with the officers that we have here. We need to support them. Right now, we have a shortage of officers and maybe this is what we need to do at the moment to get more officers. Council Member Gutierrez spoke about her experience with FPD. She stated she cannot imagine having one fewer person as your backup. She stated that is concerning to her. She stated it's been an unprecedented year and we have to make unprecedented moves to take care of this situation. She spoke about the existing officers having to pick up the slack for the new ones who are trying to learn the job. She spoke about retaining existing officers. She spoke in favor of the resolution. Council Member Turk: I want to clarify why I think that low 1.49 per thousand capita number is really important and why it sets us apart. Yes, we want a low number, but what it also indicates is that when we are in a crisis, when we've had a loss of officers not staying with the Police Force or not having enough applicants, is that it demonstrates a lack of redundancy and lack of resiliency within our system. We need to do everything we can to support our Police Department and to attract the best and those that will stay. I will definitely be supporting this. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 8 of 13 Mayor Jordan: I certainly support this. I am directly in charge of the Fire Department and Police. Department. Every Monday morning, I meet with both Chiefs and look at these numbers. I began to see the rise in violent crimes and property crimes, and then to begin to look at not being able to have an Officer respond to an incident. That's concerning for a Mayor. There's a lot of stuff we need to be working on. We are working on funding for the CSU. There's lots of things we can be working on, but right now we are shy seven officers and the Chief is talking about possibly losing 11. A beat is nine. That's a minimum, which means you are taking a beat out of the city. When the staff brings something, the Mayor's in favor of it or they wouldn't be bringing it. I support the Chief. Officers are being attacked. I've never seen that before, but it is starting to happen. As a Mayor, you're going to address that. This goes beyond politics. It's about keeping everybody safe and keeping our officers safe. I lost an officer. That is something not anybody should ever have to go through. In the last year and a half, we've seen two officers die and another officer lose a leg in the line of duty. I do not want the Police Department understaffed. We saw 130 people applying for Police positions about two years ago, then we see 17 now and trying to fill seven positions with the very best. I believe we have the very best trained Police Department in this state. I want us to continue to have the best of the best. Council Member Bunch moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed unanimously. Resolution 191-21 as recorded in the office of the City Clerk 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 Attorney Kit Williams read the ordinance. Sara Glenn, Fleet Operations Superintendent gave a brief description of the ordinance. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6458 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 20, 2021 Page 9 of 13 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. City Attorney Kit Williams read the ordinance. Council Member Scroggin gave a brief description of the ordinance. He stated prior to this, if Planning Commission were to deny rezoning, annexation or many other items, the applicant can come to us without any more public notice. He stated you could have residents believe that something got turned down by Planning Commission and that's kind of the end of it, and if we approve it, they can be surprised to learn there was an appeal and it was overturned. He stated this will fix that loophole. He spoke about the need of more housing and being transparent. Jonathan Curth, Development Services Director: Based on Council Member Scroggin's comment, I want to make sure it's clear that the amendment as proposed, is just for rezoning and not annexations. This is not being approved currently with an Emergency Clause. I know that's your discretion, but we did get an appeal for three rezonings today and this would not affect those. If the Council was interested in ensuring the next three appeals they see are advertised, this would need to be approved with an Emergency Clause. Council Member Scroggin: If they've already filed the paperwork, I don't like changing the rules in the middle of the game. I would not like an Emergency Clause if they've already filed. Council Member Turk: I would like to amend the ordinance to include the Emergency provision. We've had a lot of these lately where the applicants appealed something to the City Council when they've been denied by the Planning Commission. Even though we had three today, and this is not on the books, we discussed it the last couple of weeks. It's important we notify our citizens as best as possible. I commend Council Member Scroggin for bringing this forward. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: Any appeal in effect, no matter what kind of clause you might put on it, is not going to be under this ordinance. If an applicant has already filed the appeal with the City Clerk, then, obviously this is not going to change their requirements, because it is something that they would do as part of the appeal. The reason I think Council Member Scroggin didn't ask for this and I did not suggest it, is because we are changing a policy that's been there for 30 years. It's hard to say that all of a sudden, it's an emergency for the peace, health and safety of our citizens that we must make it effective immediately. This is a procedural change that should happen without a doubt, but it's up to you. If the City Council wants to have an Emergency Clause, I will put one on it. Council Member Turk: I've only been on Council two and a half years, but it seems like we've had a lot of these appeals from folks that have been denied at the Planning Commission. If that's 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 10 of 13 not the case and this has gone on typically over the last 30 years and we've had about the same amount of these kinds of appeals, then I would agree it's not an emergency. I would like somebody to provide a perspective on that. I'd like a little history that if this is the regular amount of appeals we've had with the Planning Commission denial over the years, then I agree there's no emergency, but it seems like there's been a whole lot and the public needs to be informed. Mayor Jordan: It would seem to me that we've seen a little bit of an increase on appeals on the Planning Commission decisions in the last year or so. Jonathan Curth: I did some research on about how many appeals have come forward. I went back to 2017. So far this year we've seen six. Last year there were 12. In 2019 there were 4. In 2018 there were five and in 2017 there were three. That's a small sample size, but certainly last year was irregular amongst that group. There was a brief conversation about the amount of appeals over the years. Council Member Turk: I will withdraw the Emergency Clause. If we approve it tonight, it'll go into effect in 30 days. Council Member Turk moved to amend the ordinance to add an Emergency Clause. She then withdrew her motion. Council Member Scroggin 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6459 as Recorded in the office of the City Clerk 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 Attorney Kit Williams read the ordinance. Dennis Sanders, Building Safety Director gave a brief description of the ordinance. He stated these changes are a continued process that were started in 2019 with cleaning up their section of the code. He stated they want to do away with some redundancy and be more aligned with the state and national building codes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 11 of 13 Robin Williams, Citizen spoke about his concerns and is in opposition of the ordinance. Dennis Sanders: We are not out to pick on anybody. Dilapidated rentals and things like that could be in violation. This is to keep the public safe with houses that are falling apart, and landlords who are not repairing things. These are complaint driven. We don't just drive around and start picking on people. Every matter is under investigation and taken into consideration. A lot of the things that are in the Property Maintenance Code are already in our section. The Property Maintenance Code is just the updated version of the housing code and we are under the 1997 housing code, which is no more. We need a code to replace that code. Council Member Scroggin: What peer cities are using that Property Maintenance Code? Dennis Sanders: Fort Smith is using it. The State of Arkansas has adopted it. They are under the 2012. I believe Little Rock is using it. I think the other cities around us are still using the housing code. Council Member Scroggin: There are cities in Arkansas, including Arkansas who have adopted that, and we didn't have chaos? Dennis Sanders: No, sir. Council Member Kinion: Are we having a problem with what we currently have, or is this simply an effort to update to a new revised addition? Dennis Sanders: The problem is the enforcement. The code we are currently under now, we haven't been able to enforce it correctly. That's why we are making these adjustments. The old code is also so far out of date. The new code addresses a lot of things we are running into issues with. Council Member Kinion: I would like to not take this to the next reading so that there is time to compare the two. I don't know what the differences are. It's our responsibility to know what we are doing. Mayor Jordan: That is fair enough. We will work on it and get some answers. There was a brief conversation about what Council was needing for comparison of the codes. Mayor Jordan: What other questions would you all like answered on this? Do you want a presentation? Council Member Kinion: I do not need a presentation. I need a chart and maybe some highlights and then I can look at it on my own time. Council Member Turk: I would like a presentation at the Agenda Session. It would be really helpful. I would like staff to find out if Little Rock or Fort Smith have had any challenges with implementing this. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 12 of 13 This ordinance was left on the First Reading. 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, Development Services Director gave a brief description of the resolution. He stated the project was submitted for development review recently to the Development Services Department. He stated among the items that came up during development review was a standard comment, which is that right of way dedication is required for our Master Street Plan and instances where right of way doesn't meet the Master Street Plan width for a street, we require additional right of way to match that. He stated about two and a half feet of right of way dedication are required, along West Avenue, which would push the site, about two and a half feet to the West, which on a lot of properties may not sound like a lot, but this is Downtown and it's very tight. He stated the authority to accept the lesser or no right of way dedication is reserved to the City Council. He stated those requests come through the Planning Commission, which this one did, and they recommended in favor of it. He spoke about the aesthetics and streetscape. He stated staff and the Planning Commission recommends approval. Council Member Scroggin: You feel this was kind of going to come a year ago and was not like a revision to the deck plans? This was somewhat expected? Jonathan Curth: I don't know that it was expected. This is not often the kind of thing that comes up at a conceptual level development. Staff doesn't usually get into that level of review. We were invited into some of the early conversations with the deck design. There was a conversation about the colonnade and their allowances for those to encroach into right of way, but we did not get to the level of right of way dedication at that point. Council Member Turk: Is this only for West or is it also for Dickson and the adjoining property on the bike trail? Jonathan Curth: Because it is an overall property right now, the right of way dedication would be required elsewhere. The Master Street Plan has allowances built into it, to reduce the amount of right of way required, particularly in the Downtown area. That was built into our Master Street Plan to address context. Some of our existing right of ways Downtown are very narrow and we don't want to require right of way like we would on College. It's not required on Dickon. The street is built out to the design the city intended and the right of way is already there. Council Member Turk: What about the property that's next to the bike trail? The one that's on the western side of your map. Jonathan Curth: That is currently railroad right of way. Our UDC does not have an associated Master Street Plan right of way dedication requirement for the railroad. It's just with public streets. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 13 of 13 Council Member Gutierrez moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed unanimously. Resolution 192-21 as recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff. Everyone is welcome to come celebrate with us at the 14th Annual CDBG in the Park on July 30, 2021 at 10:30 am untill 1:30 am. It will be at the Walker Park Main Pavilion. The event is free, and it will feature all of the different investments in our community that are made possible through the Community Development Block Grant fund. There will be other city projects there for people to engage with. There will be lunch, refreshments and city folks to help people understand what kind of community resources are available to them. Mayor Jordan: I want to remind everyone that the City of Fayetteville has a Special Election set for August 10, 2021. Early voting will start on August 3, 2021. This election will determine whether we extend an existing one cent sales and use tax for another 10 years. This is a really important election for maintaining city operations. Without it, we would see major cuts to services throughout city, to the tune of $22.5 million, which is $9 million dollars out of the CIP and $13.5 million dollars out of Operations. I ask the public to support this. Today, active COVID-19 cases in Arkansas are 10,500. Washington County cases are 626. Those that have been vaccinated in Washington County is about 41%. Arkansas COVID deaths this month, has been 98 across the state. 99% of the COVID cases we see right now are unvaccinated people. Vaccines are important. They are safe, free and available to everybody. For those of you that have been vaccinated, please talk with your un-vaccinated loved ones, friends and neighbors. City Council Agenda Session Presentations: None Adjournment: 7:32 PM Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov M ARS TOM MARS tom@mars-law.com LA W F I R I C I ROGERS,AR 479.381.5535 ATLANTA,GA 404.583.2222 mars-law.com DELIVERED VIA E-MAIL July 27, 2021 Hon. Asa Hutchinson Governor of Arkansas Arkansas State Capitol Room 250 Little Rock, AR 72201 Hon. Jimmy Hickey, Jr. President Pro Tempore Arkansas Senate 3216 East 351h Street Texarkana, AR 71854 Hon. Matthew Shepherd Speaker Arkansas House of Representatives 200 N. Jefferson Ave. El Dorado, AR 71730 RE: Additional Reasons to Repeal or Suspend Act 1002 of 2021 Gentlemen, I'm writing to you regarding a matter that requires your immediate attention, the exigency and severity of which cannot be overstated. I represent several parents of K-12 public school children from across Arkansas ("K-12 parents"). My clients are typical of similarly situated parents throughout Arkansas whose children's health is threatened by Act 1002 — the legislative ban on mask mandates that will go into effect at the peak of a raging pandemic that took the lives of 23 Arkansans just yesterday — almost one death per hour. As the Delta variant rages through Arkansas 1 while virtually every state and federal public health official is recommending face mask mandates in all K-12 schools, neither the executive or legislative branches of state government have seemed willing to reverse course and allow Arkansas' 262 local school districts to follow these life-saving recommendations. That said, the K-12 parents I represent are encouraged to know that you met today to discuss the ban on mask mandates. We hope and pray that the meeting was productive and will lead to a decision to protect the thousands of Arkansas children who desperately need your help. One need look no further than Children's Hospital to realize how dire the situation has become: Nicole Clowney Q @NicoleClowneyAR Arkansas Children's reporting a record high 24 children hospitalized with COVID-19.Of those hospitalized, 7 are in the ICU. 4 are on ventilators. None of those hospitalized have been fully vaccinated. Kids under 12 don't yet have that choice. Please get vaccinated, if you do. On behalf of all K-12 public school parents, I respectfully ask that you forget about policy and partisanship for the moment. If any of you feel strongly that Arkansas should have a ban on face masks in perpetuity, you can take up that debate when the pandemic is behind us. But now is not the time to worry about policy, ideology, politics, or personal ambitions. Now is the time to exercise the outstanding leadership that each of you promised you would provide to the people who elected you. Good leaders recognize when circumstances have changed and take action to make appropriate adjustments. Repealing Act 1002 under circumstances that are vastly different than they were two months ago would be no different than what the CDC did today by revising its guidance about school children and fully vaccinated people wearing masks. By the same token, repealing Act 1002 would not be an acknowledgement that anyone made a mistake in enacting Act 1002. It would simply be a recognition that the situation with the COVID pandemic has changed dramatically and unforeseeably since the Governor signed the ban on mask mandates into law. Regardless of one's political affiliation, any person holding office right now would have to recognize how irresponsible it would be to ignore the unanimous recommendations of state and federal health officials to implement mask mandates in schools. Throughout Arkansas, K-12 parents, teachers, and school board members want you to heed that advice and are counting on you 2 to protect our state's school children. By repeal or otherwise, please take whatever action is necessary to allow local school districts to decide whether to implement mask mandates. By law and even by conservative public policy, that should be their decision — not yours. Given that Arkansas schools will soon begin classes, the K-12 parents of Arkansas cannot afford to wait any longer to see if the executive and legislative leaders of Arkansas will come together and do the right thing. Knowing that many more children will get infected and that more will likely die if the ban on mask mandates is not lifted, the K-12 parents I represent are prepared to turn to the Arkansas judiciary for protection from a law that threatens their children with irreparable harm. If you think that the ban on face masks isn't causing irreparable harm, please read part of an e-mail message a received from a K-12 parent earlier today: Missy Irvin sponsored the resolution. She hold him in her arms and took him on the Senate floor to read the resolution. She asked all kinds of questions and was really wonderful to us. She told me to call her if I ever needed anything. I saw her name as a 'y' on the bill far Act 1005 and decided to call her this morning. I should a been bettor prepared. I didn't realize what I would be walking in to. I asked her if she remembered me and she did. I told her I was calling because [REDAGTED] desperately needs to be in school but because of his CF, he is more vulnerable if he gets COVID. I also told her that without the ability for our district to have a mask requirement, school is not a risk we feel that we can face and that supporting Act 1005 takes away the last tool parents like me have to protect our children. I begged her to please consider carving out elementary schools from the prohibition, that she said DEVASTATED me. She told me that the bast way for [REDACTED] to be protected from GOVID is for him to get GOID because the antibodies from infection offer more protection than the vaccine. This from a doctor's wife? COVID infection could cause permanent lung damage in CF lungs, resulting in decline in quality of life. Parsons with CF currently have a life expectancy of 33 gears. When I told her that, Sen. Irving's response to me was that I have allowed influences to instill fear in me over the virus and that I should have faith in 0 od and Providence that my son will survive, She promised I would see the numbers go down before school starts and encouraged me to get involved with my school district so that parents can agree to send their kids in masks - without a mandate. She said a bunch of other things but all I heard was that she didn't care that my son, who deserves access to a public education but who is also higher risk, isnI worth protecting. To me, anyone who doesn't want to wear a mask should have to attend virtual. I'm tired of [REDACTED] not getting to participate in life and getting left out and behind because of selfish people and leaders like Sen. Irvin who'd rather get the r way and be rig ht than do the right thing far others, I'm embarrassed to say I cried on the phone. It's just so personal to me. She didn't care. Thank you, For what it's worth, I'd be glad to provide you other heart -breaking examples of the fear, anxiety, and significant health threats Act 1002 has created among K-12 parents in every Arkansas community — small and large. I've received dozens of messages like this one in the past week. I can't imagine that any of you would wish to see the Arkansas judiciary resolve another power struggle between the executive and legislative branches of government. Yet, that's precisely what will happen unless both branches come to an agreement that allows local school districts to decide whether to impose mask mandates for K-12 students. Although conflicts between governors and legislatures over COVID-19 pandemic responses have often been presented as partisan in nature, the lawsuit we are on the verge of filing will present no political questions — only questions of law. The K-12 parents are likely to succeed on the merits, and the public interest will strongly favor the issuance of an injunction pending a trial on the merits. For your information, the Complaint we are prepared to file this week will seek the following relief: 1. An Order temporarily enjoining the enforcement of Act 1002 pending a hearing on the merits of this case; 2. An Order requiring Defendants to respond to this Complaint on an expedited basis; 3. A hearing on an expedited basis either in person or via Zoom; 4. An Order requiring the 93rd General Assembly to designate one of the sponsors of Act 1002 to appear at the hearing; 5. An Order requiring Governor Hutchinson to appear at the hearing; 6. An opportunity at the hearing for the parties to present witnesses, cross-examine witnesses, and make oral arguments in support of their positions; and 7. A ruling on Plaintiffs' request for a temporary injunction not later than August 13, 2021 prohibiting the enforcement of Act 1002 in public schools pending adjudication of arguments that Act 1002 is unconstitutional and void in every setting. While lawyers can debate almost any legal issue, our extensive legal research demonstrates that Act 1002 is constitutionally defective on several grounds, each of which will provide adequate grounds for the Circuit Court of Pulaski County to enjoin its enforcement and declare that Act 1002 is null and void. Though we are still evaluating additional legal theories to invalidate Act 1002, we are confident our lawsuit will result in the judicial nullification of Act 1002 on one or more of the following grounds: To begin with, Act 1002 violates the separation of powers doctrine established in Article 4, § 2 of the Arkansas Constitution. Consistent with the Kentucky Supreme Court's interpretation of language in its Constitution that is identical to the language in the Arkansas Constitution, Act 1002 intrudes on the Governor's exclusive authority to respond to emergencies that arise from "contagious diseases." See Beshear v. Acree, 2020 WL 6736090 (Ky. 2020). El If you have doubts about whether the Arkansas Supreme Court would give any weight to the Kentucky Supreme Court's interpretation of the language in Ark. Const. 6, § 19, you'd be badly mistaken. In case you didn't know, much of Arkansas law is derived from Kentucky law. Sw. Bell Tel. Co. v. Wilkes, 269 Ark. 399, 402, 601 S.W.2d 855, 856 (1980). More to the point, the Arkansas Supreme Court has relied on that shared history to adopt the Kentucky Supreme Court's analysis of a similar provision in that state's constitution. Id. For instance, in Sw. Bell Tel. Co. v. Wilkes, 269 Ark. 399, 402, 601 S.W.2d 855, 856 (1980), the Supreme Court of Arkansas said: "We have no case directly in point in Arkansas, but the Supreme Court of Kentucky, a state from whence much of our basic law was derived, has considered the question. We agree with their interpretation of a similarly worded constitutional provision that "injuries to persons or property" was intended to mean physical injuries to the person and physical damage to property. Jacobs v. Underwood, 484 S.W. 2d 855 (Ky. 1972)." In the likely event that the Arkansas Courts will follow the Kentucky Supreme Court's decision in Beshear v. Acree, the result will be a ruling that Act 1002 is an unconstitutional infringement of the powers of the executive branch and is therefore null and void. It goes without saying that such a ruling would have far-reaching implications with respect to the legislature's authority to interfere with the Governor's management of any "contagious disease." A ruling based on Article 6, § 19 would leave the legislature constitutionally powerless to do anything in such a situation without the Governor's consent. Stating the obvious, a ruling in favor of the K-12 parents based on Ark. Const. 6, § 19 would also nullify the recently enacted legislative bans on mandatory vaccinations and vaccine passports. In addition to violating Article 6, § 19 of the Arkansas Constitution, Act 1002 violates the guarantees of due process and equal protection, as established by Article 2 of the Arkansas Constitution. On its face and as applied, Act 1002 advances no conceivable legitimate government interest, fails to satisfy the "rational basis" standard of constitutional scrutiny, and creates nonsensical and irrational exemptions that deprive certain classes of citizens and organizations of the health and safety measures provided to others. For any statute to survive constitutional scrutiny, there must be a conceivable rational basis that supports a legitimate governmental interest. Act 1002 comes nowhere close to meeting this standard. As always, an Arkansas court reviewing the constitutionality of Act 1002 will begin by determining the legislative intent of the statute. The Arkansas Supreme Court has made clear that courts may consider extrinsic evidence of the legislature's intent. Here, the court will need to look no further than the several public statements made by Senator Trent Garner, the key sponsor and drafter of the Bill that became Act 1002. 6i Among other things, Senator Garner has said that Act 1002 was intended to subordinate "comfortable safety" to "dangerous freedom," implying either that: (a) most Arkansans prefer "dangerous freedom" for themselves and their children than "comfortable safety"; or (b) there is some fundamental right to "dangerous freedom." For what it's worth, the absurdity of this remark pales in comparisons with some of Senator Garner's other comments, e.g., that Act 1002 is a matter of "public safety," that wearing a mask is a "medical decision," and that only a "30% mortality rate" would cause him to reconsider Act 1002's ban on mask mandates. We are fully prepared to rebut these groundless notions. As far as the law is concerned, there is no right to "dangerous freedom" that puts others at risk, and there never has been. Furthermore, in other areas of life, the Arkansas General Assembly has squarely rejected the notion that any Arkansan has the right to engage in "self -endangerment" (the legal equivalent of "dangerous freedom") — even when such behavior poses no risk to anyone but themselves. For that reason, the General Assembly has passed laws requiring motorcycle drivers under 21 years of age to wear a helmet, requiring front seat passengers to wear a seat belt, requiring small children to ride in car seats, requiring children 12 and younger to wear life jackets while boating, and allowing civil commitment of mentally ill persons who pose a risk to themselves — not to mention mandatory vaccinations for school children. But that's not all. For the past 116 years, the United States Supreme Court's decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905) has been the law of the land. In Jacobson, the State of Massachusetts enacted legislation authorizing local governments to require immunizations that in the opinion of the locality's governing authorities were necessary to protect the public health. The City of Cambridge noted that smallpox cases had been increasing in that community and ordered the residents of the City to be vaccinated. When Jacobson refused vaccination, the City proceeded criminally against him. Jacobson asserted that the ordinance adopted by the City violated the United States Constitution— specifically the Fourteenth Amendment — and guaranteed against deprivations of life, liberty, and property without due process of law and further violated the "spirit" and the preamble of the Constitution. Jacobson was found guilty, with the Massachusetts Supreme Judicial Court upholding his conviction. On appeal to the United States Supreme Court, Jacobson raised the same arguments. After rejecting the appellant's general arguments which were based on the preamble and the "spirit" of the Constitution, the Court moved on to determine if the statute in question violated the appellant's liberty that was protected by the Fourteenth Amendment. To preface its analysis, the Court noted that police powers are broad and generally empower the state to enact laws to protect the public health and safety of its citizens. These may include quarantine laws and a broad range of public health measures. Additionally, the state may invest local governments with the power to enact regulations addressing the protection of public health. G7 As to Jacobson's right to "dangerous freedom," the Supreme Court noted that under our system of government, liberty and freedom are not a license to do what one wants. Specifically, the Court quoted from Crowley v. Christensen: "The possession and enjoyment of all rights are subject to such reasonable conditions as may be deemed by the governing authority of the country essential to the safety, health, peace, good order and morals of the community. Even liberty itself, the greatest of all rights, is not unrestricted license to act according to one's own will. It is only freedom from restraint under conditions essential to the equal enjoyment of the same right by others. It is then liberty regulated by law. In the constitution of Massachusetts adopted in 1780, it was laid down as a fundamental principle of the social compact that the whole people covenant with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for "the common good," and that government is instituted "for the common good, for the protection, safety, prosperity and happiness of the people, and not for the profit, honor or private interests of any one man, family or class of men." Crowley v. Christensen, 137 U.S. 86 (1890). The principles articulated by the Supreme Court in Jacobson have stood the test of time for more than a century. In civilized societies governed by the "Rule of Law," individuals do not have the right to unfettered "personal freedom" — dangerous or otherwise. In a surging deadly pandemic, advancing "dangerous freedom" that threatens the lives of others is not a legitimate state interest. For that reason alone, Act 1002 fails the "rational basis" test for judging the constitutionality of a statute. Worse yet, the exemptions in Act 1002 make the application of Act 1002 inherently irrational. Whether by design or thoughtless mistakes in drafting the Senate Bill that became Act 1002, this piece of legislation is fundamentally flawed in countless ways. Indeed, as the examples that follow illustrate, Act 1002 is the product of legislative malpractice and has produced results that are indefensibly irrational and ridiculously absurd. Please consider the following: Act 1002 exempted from the ban on government mask mandates "a facility operated by the Department of Corrections." Other detention facilities were not exempted, meaning that Act 1002 prohibits County Sheriffs from requiring prisoners in county jails to wear masks. This irrational dichotomy results in death row inmates being afforded more protection against the Delta variant than the protection given to K-12 school children. Likewise, the legislation allows the Department of Corrections to follow CDC guidelines to provide the safest possible health environment for long- term prison inmates convicted of heinous felonies who never leave the prison. Yet, on the other hand, Act 1002 prevents County Sheriffs from creating the safest possible environment or following CDC guidelines with respect to persons convicted of far less serious offenses (e.g., DWI and shoplifting) and pre-trial detainees who are being transported to and from courtrooms every day. fd County jail inmates in almost a dozen other states have filed class action lawsuits based on the failure to provide adequate protection from COVID. It will happen sooner or later in Arkansas, and Act 1002 is like handing a big paycheck to a plaintiff's lawyer on a silver platter. After all, there will soon be 75 targets that don't provide the same protection for detainees as what's available for the prisoners serving time at Cummins. However, that's not the worst problem created by the irrational exemption in Act 1002 that will impact County Sheriffs. The bigger problem has constitutional dimensions and sets up a showdown between the State of Arkansas and the federal judiciary. To begin with, Arkansas County Sheriffs have exclusive responsibility for the County Jail: "County sheriffs and other keepers or administrators of jails within the State of Arkansas are responsible for managing the populations and operations of their respective facilities in compliance with the laws and the Arkansas Constitution and within the requirements of the United States Constitution." Ark. Code § 12-41-503(a). As I assume you know, many of Arkansas' county jails are used to detain federal prisoners while awaiting arraignment and/or a bond hearing on federal criminal charges.! According to an Administrative Order recently issued by the Chief District Court Judge for the Eastern District of Arkansas (No. 15), "[t]he Eastern District of Arkansas has almost six hundred individuals in custody at fourteen facilities in Arkansas and surrounding states." In re: Court Operations During Covid-19 Pandemic, Admin. Order No. 15 (E.D. Ark. June 18, 2021) (emphasis added). I don't know how many federal prisoners in the Western District are being confined in county jails, but if I were just spit -balling, I'd say the number is also in the hundreds. The arrangements that allow individuals in federal custody to be confined in county jails arise from what are called "Intergovernmental Service Agreements" ("IGSAs") between Arkansas counties and the U.S. Marshals Service ("USMS") and/or U.S. Homeland Security. Those IGSAs contain contractual requirements regarding the health and safety of federal detainees and incorporate rules and guidelines published by the USMS, such as the ones shown below: 1 A well-known recent example involves Josh Duggar, who was confined in the Washington County Jail pending arraignment and a bond hearing after being arrested by federal agents for possessing child pornography. Rl USMS Prisoner Housing and Operations • Facilities housing USMS prisoners are responsible for the medical care that prisoners receive. These facilities work closely with state health departments and the Centers for Disease Control and Prevention (CDC) to ensure that infectious diseases are promptly identified and treated. All training protocols, quarantine decisions or policy adjustments are made at the facility level. • The USMS takes very seriously its prisoner detention mission to provide safe, secure and humane custody, housing, medical care and transportation for federal prisoners throughout the United States and its territories. We have modified our policies and procedures during the COVID-19 pandemic, in accordance with guidance from the CDC, "Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities." • Decisions regarding the detention of prisoners are made and issued by the U.S. Courts. Many federal court districts across the country continue to operate; therefore, the U.S. Marshals must continue to safely and securely manage prisoners while executing the lawful orders set by the federal judiciary. USMS district offices are limiting prisoner movements within their federal district and between facilities as much as possible. • The USMS adhe�nes set forth by the CDC for the handling of prisoners with suspected or actual reportable cases of infectious disease within USMS cellblocks. Symptomatic prisoners are isolated from other prisoners and staff. • USMS personnel have been issued specific COVID-19 guidance for screening prisoners that was developed by infectious disease experts from the U.S. Public Health Service, who regularly update it in accordance with evolving CDC guidance. • For more information on USMS prisoner operations, see the fact sheet available from www.usmarshals.gov/duties/factsheets. The population, hereinafter referred to as "federal detainees," will include individuals charged with federal offenses and detained while awaiting trial, individuals who have been sentenced and are awaiting designation and transport to a BOP facility, and individuals who are awaiting a hearing on their immigration status or deportation. The Local Government shall accept and provide for the secure custody, safekeeping, housing, subsistence and care of federal detainees in accordance with all state and local laws, standards, regulations, policies and court orders applicable to the operation of the facility. Detainees shall also be housed in a manner that is consistent with federal law and the Federal Performance -based Detention Standards. Act 1002 creates several previously unidentified problems for county governments in complying with the obligations they've undertaken in their IGSAs. However, the most imminent and troubling one arose just yesterday when the Chief District Court Judge for the Eastern District of Arkansas entered another Administrative Order that requires everyone in an Eastern District federal courthouse to wear a face mask. In re: Court Operations During Covid-19 Pandemic, Admin. Order No. 16 (E.D. Ark. July 26, 2021). Under the terms of the IGSAs with the U.S. Marshals Service, when federal detainees are taken to court for hearings, the only people who can ensure compliance with the face mask directive ordered by the chief federal judge for the Eastern District are the County Sheriff and the Deputies who staff the jail. Compliance with Act 1002 will therefore require County Sheriffs in the Eastern District to: (a) breach the terms of their IGSA with the USMS (exposing the county to significant liability and loss of their government contract); and (b) violate an Order issued by a federal judge. 1•1 On the other hand, compliance with the federal court's Order cannot be accomplished without the Sheriffs and their Deputies violating Act 1002: (b) A state agency or entity, a political subdivision of the state, or a state or local official shall not mandate an individual in this state to use a face mask, face shield, or other face covering. (c) The use of a face mask, face shield, or other face covering shall not be a condition for entry, education, or services. d) If a state aeencv or entitv. a Dolitical subdivision of the state or a state or local official recommends that an individual in this state use a face mask, face shield, or other face covering, a state agency or entity, a Dolitical subdivision of the state. or a state or local official shall provide notice that the recommendation is not mandatory. Remarkably, the failure to exempt all detention facilities isn't the only irrational exemption in Act 1002. When exempting "state-controlled health care facilities" from the ban on face mask mandates, the drafters of Act 1002 apparently forgot to consider that Arkansas has many "county - controlled hospitals," predominantly in rural parts of Arkansas. This legislative blunder will have real and immediate adverse consequences the minute Act 1002 becomes effective. In a matter of days, Act 1002 will make it illegal for any of the county -controlled hospitals shown on the map below to require patients, visitors, or the medical staff to wear face masks. Arkansas Hospitals, 2020 ..... l NOQ xnnunla N,nlMl. M.Wttln Wm. r.nx.nb Hnxxll jM� �M� 46em 4d fiv �m 555o.�s.l[ 1pilaf �, �[alwse�e�lle 5 iul(rn, al a.�nnbNe�41 n. i�mwizl � Rnmd xH,ul (mle •(ab YM1 aY.liq. MI,MnIIM �h��gN��exmAweu meRillmin m�4nry ^ memona q muniN loaf McSu a WswlnelvgmmYnosprtal �"a ,.YniY IW n 0 N.nnwrvs xe.Iln PnHuwll� � QW>t.eRn. 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M.o-rncmm °o..x+� .wM3WN.YfMM� 1 � l o�.ml,rdmr0 0 mmyi Iw.,nJ M,�'e..lal�el� lu,av+l unn a,aw<wmv W++ns vn r lafmc ueti,Y tn.n asm.uA,..�, Mw.ls�.l 10 (I) A private business: (2) A state-owned or scace-controlled healchcare facility: (3) A facility operated by the Department of Corrections: o (4) A facility o rated by the Division of Youth Services of the County Controlled Hospitals near Arkansas • Choose area Stone County Medical Center Advanced Care Hospital o • �of White County Oklahoma City Ouachita County " edical Center Allan • o Stone County Medical Center 3.3 ***1 (26) Hospital • Mountain View, AR Open 24 hours CALL O Emergency room: Open 24 hours Advanced Care Hospital of White County 4.5 - ---: (2) Medical Center • Searcy, AR Open 24 hours CALL a Online care Ouachita County Medical Center 2.6 **1 (32) Medical Center • Camden, AR Open 24 hours CALL 41 "1 will start by saying the nurses at this No matter how hard you look for one, there's no exemption in Act 1002 that even arguably includes county -controlled hospitals. There should have been, however. By arbitrarily creating two classes of government hospitals, the General Assembly has denied equal protection of the laws to a population that is already underserved, many without access to internet service, and already challenged by the distance they must travel to receive adequate medical care. This is yet another reason why we believe that no judge in Arkansas would be able to find any conceivable rational basis to support the constitutionality of Act 1002. The poorly drafted narrow exceptions to the ban on mask mandates make the application of the law's prohibition both irrational and absurd. Aside from failing to meet constitutional due process and equal protection requirements, Act 1002 also violates the rights of K-12 public school children, as guaranteed by Article 14, § 1 of the Arkansas Constitution, by preventing the State of Arkansas and local school districts from "maintain[ing] a general, suitable and efficient system of free public schools" and "adopt[ing] all suitable means to secure the people the advantages and opportunities of education." Consistent with 11 Amendment 55 to the Arkansas Constitution,2 the statutes that govern secondary schools make clear that the General Assembly has treated each school district as essentially a mini -agency, consistent with the remainder of Art. 14, § 4. When the General Assembly has passed laws regulating student dress or conduct in the past, it has done that by requiring school districts to include a provision in their written student conduct policies. For example, Ark. Code. § 6-18-502(a) provides: "The Division of Elementary and Secondary Education shall establish rules for the development of school district student discipline policies." Then in the following section, the General Assembly said: "Each school district in this state shall develop written student discipline policies in compliance with the rules established by the Division of Elementary and Secondary Education and shall file the policies with the division." Ark. Code § 6-18-503(a)(1)(A). The Arkansas Department of Education has implemented those regulations in its "Rules Governing Student Discipline and School Safety," which do not include anything preventing school districts from requiring masks. That's not surprising. After all, the General Assembly hasn't just delegated the authority to regulate school discipline and safety to local school officials. Consistent with the Arkansas Supreme Court's decision in Lake View Sch. Dist. No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (Ark. 2002), which reinforced the state's obligation to provide an "adequate" education for K-12 school children, the General Assembly has mandated that local school districts enforce school policies to "ensure the safety of every student during school hours." Ark. Code § 6- 15-1005. Furthermore, the General Assembly has required local school districts to enforce a code of behavior for students that respects the rights of others and maintains a sa e and orderly environment." Id. "The existence of an absurd result is yet another case where a canon is used both as a de facto justification for interpretation and as a canon of interpretation." Statutory Interpretation in Arkansas: How Arkansas Courts Interpret Statutes. A Rational Approach, Ark. Law Notes (Prof. M.W. Mullane, 2005). Applying this rule of statutory construction to Act 1002, forcing this unconstitutional law on school districts would create a result that is nothing short of absurd. After all, if school districts are prohibited from requiring students from wearing face masks: (a) a student's face would be the only body part the school could not require the student to cover; and (b) preventing student illness and death from a highly contagious disease would be the only governmental interest the district was not allowed to consider. Because there is no express reference to school districts in Act 1002, we believe that Act 1002 could be construed not to have been intended to apply to public schools, which the General Assembly has referred to specifically and regulated indirectly in other statutes. 2 Amendment 55 adopts the conservative principle of "home rule" by granting broad authority to County Quorum Court to self -manage local matters, including such things as public health and education. 12 We are willing to indulge in the fiction that the General Assembly never intended for Act 1002 to apply to K-12 public schools. The Arkansas Supreme Court has embraced the rule of statutory construction that, in the absence of a clear expression of intent to apply a general statute to a more specific one, courts should interpret conflicting statutes by giving meaning to the statute that is most specific. "Where a specific statute conflicts with a general statute dealing with the same subject matter, the plain meaning of the specific is presumed to control that of the general statute." Statutory Interpretation in Arkansas: How Arkansas Courts Interpret Statutes. A Rational Approach, Ark. Law Notes (Prof. M.W. Mullane, 2005) (citing $75 in U.S. Currency v. State, 205 WL 668605 (Ark. App. 2005). Act 1002 is far less specific than Ark. Code § 6-18-503 and makes no mention of school districts. Therefore, a Court could assume that the General Assembly did not intend to withdraw or modify the broad authority to school discipline and safety when it enacted Act 1002. Therefore, in addition to invalidating this statute on constitutional grounds — we believe a Court could also rule that Act 1002's ban on mask mandates does not apply to local school districts. Aside from the several constitutional defects in Act 1002 that I've just outlined, Act 1002 is preempted, at least in part, by federal law, to -wit: the CDC Order of February 1, 2021, requiring operators of public conveyances, including school buses, to ensure that all passengers are wearing face masks.3 The issue of federal preemption is not even debatable, so I'll leave it at that. The Complaint we have prepared goes into much more detail than what I've outlined here and includes quite a bit of additional evidence. That said, I hope this letter has given you enough of a preview of our intentions to be helpful. Please let me know if you come to an agreement to remove the barriers that are preventing local school officials from creating the safest possible environment for Arkansas' K-12 public school children. If you do, you'll be saving lives, and K-12 parents in all 75 counties will applaud you. In the meantime, we'll proceed with our plans to file our Complaint in the Circuit Court of Pulaski County but will continue to hope that it won't be necessary. 3 CDC Regarding Order Under Section 361 of the Public Health Service Act (42 U.S.C. § 264) (Feb. 1, 2021) "Requirement for Persons to Wear Face Masks While on Conveyances") ("[P]assengers and drivers must wear a mask on school buses, including on buses operated by public and private school systems, subject to the exclusions and exemptions in CDC's Order." (www.cdc.gov)). 13 Respectfully, Tom Mars cc: John C. Everett Walter A. Paulson Ryan K. Culpepper 14 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Kara Paxton, City Clerk/ Treasurer FROM: Kit Williams, City Attorney DATE: July 30, 2021 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Governor Hutchinson's July 29th Proclamation of a Statewide Public Health Emergency and Fayetteville's request for the return of cities' rights to mandate face masks Mayor Jordan asked me today to prepare a Resolution for the City Council's consideration to request that Governor Hutchinson include within his proposed call for a Special Session not only the absolutely vital and needed legal ability of Arkansas School Districts to require masks for their students, but also to return the historic power of cities to preserve and protect the health and safety of its citizens by taking necessary contagion -reducing measures such as mask mandates if needed in a local community as determined by the local governing body. Attached please find Governor Hutchinson"s Proclamation of July 29, 2021 and my draft proposed Resolution which can be revised after Mayor Jordan s review and analysis on Monday, August 2nd. I believe a Resolution of some form will be presented to the City Council as a walk-on by Mayor Jordan for the August 3rd City Council Meeting. Therefore, I wanted to give the City Council as much notice as possible. RESOLUTION NO. A RESOLUTION TO REQUEST THAT GOVERNOR HUTCHINSON INCLUDE WITHIN HIS CALL FOR A SPECIAL SESSION THE HISTORIC AND NECESSARY AUTHORITY OF LOCAL GOVERNMENTS TO PROTECT THE HEALTH AND SAFETY OF THEIR CITIZENS THROUGH AN AMENDMENT OF ACT 1002 OF 2021 WHEREAS, Governor Hutchinson issued his Executive Order To Declare A Statewide Public Health Emergency For The Purpose Of Meeting And Mitigating The Impact Of Covid-19 On The Healthcare System Of Arkansas on July 29, 2021; and WHEREAS, the statutory primary purpose of the City of Fayetteville, as all other Arkansas cities, is "to provide for the safety (and) preserve the health... of such (cities) and the inhabitants thereof"(A.C.A. §14-55-102); and WHEREAS, the first power granted to Arkansas cities by the Legislature in the First Act of 1875 is: "Cities and incorporated town shall have the power to: (1) Prevent injury... within the limits of the municipal corporation from anything dangerous, offensive or unhealthy..." A.C.A. §14-54-103; and WHEREAS, those duties cannot be accomplished nor the powers utilized by cities to protect our citizens in this declared public health emergency because of Act 1002's ill-advised prohibition against cities to require face masks for unvaccinated persons; and WHEREAS, until a far larger percentage of Arkansans have been fully vaccinated, face masks are again being recommended for all public indoor activities in areas of high contagion such as Arkansas by the CDC, the Arkansas Department of Health and the Fayetteville City Board of Health. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that is in the best interest of the citizens of Fayetteville and every other city in Arkansas to have the historic and necessary authority to protect the life and health of its citizens returned to the local government. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests that Governor Hutchinson include in any call for a Special Session of the Legislature and its reconsideration of Act 1002 of 2021, the removal of restrictions upon the local government's ability to address the ongoing and increasingly dangerous Covid-19 Delta variant pandemic including allowance of face mask mandates for persons on city property, in city buildings and in public indoor areas within the city limits. PASSED and APPROVED this 3`d day of August, 2021. APPROVED: ATTEST: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer MWEdmifil PP a C I'd.& vI.ATI 01V TO ALL TO WHOM THESE PRESENTS COME — GREETINGS EO 21-14 EXECUTIVE ORDER TO DECLARE A STATEWIDE PURI,IC HEALTH EMERGENCY FOR THE PURPOSE OF MEETING AND MITIGATING THE IMPACT OF COVID-ig ON THE HEALTHCARE SYSTEM OF ARKANW. WHEREAS: The Delta Variant of COVID-19 has infected thousands of Arkansans in recent months. Infections and hospitalizations continue to rise at an alarming rate, placing the accessibility to healthcare. facilities for all Arkansans at risk; and WHEREAS: A public health emergency was declared on March 11, 2020, to meet and mitigate the effects of COVID-19 in Arkansas. The emergency was renewed several times until its final expiration on May 30, 2021; and WHEREAS: At the expiration of the public health emergency on May 30, 2o2i, there were 1,938 active cases of COVID-ig in Arkansas and 194 hospitalizations in Arkansas due to COVID-ig. On July 27, 2o2i, there were 15,491 active rases of COVID-ig in Arkansas and i,o25 hospitalizations in Arkansas due to COVID-19; and WHEREAS: In the two months since the expiration of the public health emergency, hospitalizations have climbed near the record of hospitalizations ever recorded in the state due to COVID-19. On January 13, 2021, hospitalizations reached 1,362. It is expected that hospitalizations will match or exceed that number in the coming weeks; and WHEREAS: The rapid rise in cases and resulting hospitalizations is placing an unsustainable strain on Arkansas hospitals already struggling to staff their facilities; and WHEREAS: Emergency action is warranted to utilize all available resources from the federal government and the Emergency Services Act of 1973 to provide hospitals with adequate staffing to meet the healthcare needs of all Arkansans during this surge in COVID-ig cases. NOW, THEREFORE, I, Asa Hutchinson, Governorof the State of Arkansas, acting under the authority vested in me by Ark. Code Ann. §§ 12-75-101, et seq. hereby declare a statewide state of disaster emergency related to public health, resulting from the catastrophic statewide impact of the Delta Variant of COVID-ig on the healthcare system of Arkansas. This emergency shall expire sixty (6o) days from the signing of this order, unless the emergency is terminated at an earlier date, or it is approved for renewal by the Arkansas Legislative Council. FURTHERMORE, I order the following: (i) The Arkansas Division of Emergency Management is hereby ordered to seek necessary staffing assistance for Arkansas healthcare facilities and hospitals through available avenues to include the Emergency Management Assistance Compact. (2) Pursuant to Ark. Code Ann. § 12-75-114(e)(1), the Arkansas Department of Health is ordered to identify any regulatory statutes, orders, or rules related to Iicensure of healthcare professionals that may be preventing, hindering, or delaying necessary. action for coping with this emergency. Once identified, those statutes, orders, or rules, shall be reported to the Governor and posted on the Arkansas Department of Health website, and they shall be suspended for the duration of this emergency. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Arkansas to be affixed this 29th day of July, in the year of our Lord 2021. Asa Hutchinson, Governor 74� John Th,,toa See,-.tary of State Legistar ID No.: W LI - Ue I I. AGENDA REQUEST FORM FOR: Council Meeting of August 3, 2021 Mayor Lioneld ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO REQUEST THAT GOVERNOR HUTCHINSON INCLUDE WITHIN HIS CALL FOR A SPECIAL SESSION THE HISTORIC AND NECESSARY AUTHORITY OF LOCAL GOVERNMENTS TO PROTECT THE HEALTH AND SAFETY OF THEIR CITIZENS THROUGH AN AMENDMENT OF ACT 1002 OF 2021 FOR AGENDA: /a�or d Jord gate City Attorney Kit Williams Date 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker CC: Susan Norton, Chief of Staff Paralegal Kara Paxton, City Clerk/ Treasurer FROM: Kit Williams, City Attorney -�-�— DATE: July 30, 2021 RE: Governor Hutchinson's July 29th Proclamation of a Statewide Public Health Emergency and Fayetteville's request for the return of cities' rights to mandate face masks Mayor Jordan asked me today to prepare a Resolution for the City Council's consideration to request that Governor Hutchinson include within his proposed call for a Special Session not only the absolutely vital and needed legal ability of Arkansas School Districts to require masks for their students, but also to return the historic power of cities to preserve and protect the health and safety of its citizens by taking necessary contagion -reducing measures such as mask mandates if needed in a local community as determined by the local governing body. Attached please find Governor Hutchinson's Proclamation of July 29, 2021 and my draft proposed Resolution which can be revised after Mayor Jordan s review and analysis on Monday, August 2nd. I believe a Resolution of some form will be presented to the City Council as a walk-on by Mayor Jordan for the August 3rd City Council Meeting. Therefore, I wanted to give the City Council as much notice as possible. TO ALL TO WHOM THESE PRESENTS COME — GREETINGS: EO 21-14 EXECLUTVE ORDER TO DECLARE A STATEWIDE PUBLIC HEALTH EMERGENCY FOR THE PURPOSE OF MEETING AND MITIGATING THE IMPACT OF COVID-ig ON THE HEALTHCARE SYSTEM OF ARiCANSAS. WHEREAS: The Delta Variant of COVID-19 has infected thousands of Arkansans in recent months. Infections and hospitalizations continue to rise at an alarming rate, placing the accessibility to healthcare facilities for all Arkansans at risk; and WHEREAS: A public health emergency was declarers on March 11, 2020, to meet and mitigate the effects of COVID-19 in Arkansas. The emergency was renewed several times until its final expiration on May 30, 2021; and WHEREAS: At the expiration of the public health emergency on May 30, 2021, there were 1,938 active cases of COVID-ig in Arkansas and 194 hospitalizations in Arkansas due to COVID-1g. On July 27, 2021, there were 15,491 active cases of COVID-ig in Arkansas and 1,025 hospitalizations in Arkansas due to COVID-1g; and WHEREAS: In the two months since the expiration of the public health emergency, hospitalizations have climbed near the record of hospitalizations ever recorded in the state due to COVID-1q. On January 13, 2021, hospitalizations reached 1,362. It is expected that hospitalizations will match or exceed that number in the coming weeks; and WHEREAS: The rapid rise in cases and resulting hospitalizations is placing an unsustainable strain on Arkansas hospitals already struggling to staff their facilities; and WHEREAS: Emergency action is warranted to utilize all available resources from the federal government and the Emergency Services Act of 1973 to provide hospitals with adequate staffing to meet the healthcare needs of all Arkansans during this surge in COVID-ig cases. NOW,THEREFORE, I,Asa Hutchinson, Governorofthe State of Arkansas, acting under the authority vested in me by Ark. Code Ann. §§ 12-75-101, et seq. hereby declare a statewide state of disaster emergency related to public health,, resulting from the catastrophic statewide impact of the Delta Variant of COVID-ig on the healthcare system of Arkansas. This emergency shall expire sixty (60) days from the signing of this order, unless the emergency is terminated at an earlier slate, or it is approved for renewal by the Arkansas Legislative Council. FURTHERMORE, I order the following: (1) The Arkansas Division of Emergency Management is hereby ordered to seek necessary staffing assistance for Arkansas healthcare facilities and hospitals through available avenues to include the Emergency Management Assistance Compact. (2) Pursuant to Ark. Code Ann. § 12-75-114(e)(1), the Arkansas Department of Health is ordered to identify any regulatory statutes, orders, or rules related to licensure of healthcare professionals that may be preventing, hindering, or delaying necessary action for coping with this emergency. Once identified, those statutes, orders, or rules, shall be reported to the Governor and posted on the Arkansas Department of Health website, and they shall be suspended for the duration of this emergency. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Arkansas to be affixed this 29th day of July, in the year of our Lord 2021. Asa Hutchinson, Governor 301111'rhur8ton, Secretary of State City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, July 27, 2021 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda July 27, 2021 Zoom Information: Public Registration Link: https://zoom.us/webinar/register[WN_MYlaQgxdQ3GRouM7bkK2mw Webinar ID: 975 7726 3340 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2020-0978 MONTHLY FINANCIAL REPORT Proposed Agenda Additions A. Consent: A.1 2020-0881 APPROVAL OF THE DULY 20, 2021 CITY COUNCIL MEETING MINUTES A.2 2021-0509 OSHER LIFELONG LEARNING INSTITUTE: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES FROM AUGUST 1, 2021 THROUGH DECEMBER 31, 2021, IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED City of Fayetteville, Arkansas Page 2 Printed on 712212021 City Council Agenda Session Tentative Agenda July 27, 2021 A.3 A.4 A.5 A.6 2021-0511 RFQ 20-01 TREKK DESIGN GROUP, LLC: A RESOLUTION TO AUTHORIZE A CONTRACT WITH TREKK DESIGN GROUP, LLC, PURSUANT TO RFQ 20-01, TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE LUCITY ASSET MANAGEMENT AND WORK ORDER SYSTEM IN AN AMOUNT NOT TO EXCEED $25,000.00 FOR THE REMAINDER OF 2021 2021-0529 DICKSON STREET CENTRAL IMPROVEMENT DISTRICT # 1 AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT #2 TO THE LEASE AGREEMENT WITH DICKSON STREET CENTRAL IMPROVEMENT DISTRICT #1 FOR MANAGEMENT OF THE 55 PARKING SPACES IN THE GREGG AVENUE PARKING LOT FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS 2021-0536 BID # 21-54 KAJACS CONTRACTORS, INC.: A RESOLUTION TO AWARD BID # 21-54 AND AUTHORIZE A CONTRACT WITH KAJACS CONTRACTORS, INC. IN THE AMOUNT OF $3,479,500.00 FOR THE CONSTRUCTION OF APPROXIMATELY 10,835 LINEAR FEET OF WATERLINES IN VARIOUS LOCATIONS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $347,950.00 2021-0538 JCI INDUSTRIES, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $21,590.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI INDUSTRIES, INC. FOR THE REPAIR OF AN AERATOR AT THE NOLAND WATER RESOURCE RECOVERY FACILITY City of Fayetteville, Arkansas Page 3 Printed on 712212021 City Council Agenda Session Tentative Agenda July 27, 2021 A.7 A.8 A.9 A.10 2021-0537 BID #21-56 MAGUIRE IRON, INC.: A RESOLUTION TO AWARD BID #21-56 AND AUTHORIZE A CONTRACT WITH MAGUIRE IRON, INC. IN THE AMOUNT OF $153,000.00 FOR THE PAINTING AND REHABILITATION OF THE ROUND MOUNTAIN WATER STANDPIPE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,300.00 2021-0540 RFQ #21-01 SELECTION #14 OLSSON, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #21-01 SELECTION #14, IN AN AMOUNT NOT TO EXCEED $107,000.00 FOR DESIGN AND OTHER SERVICES RELATED TO THE REHABILITATION OF THE MARKHAM HILL WATER STORAGE TANK 2021-0542 BID #21-61 48FORTY SOLUTIONS, LLC: A RESOLUTION TO AWARD BID #21-61 AND AUTHORIZE A CONTRACT WITH 48FORTY SOLUTIONS, LLC FOR PALLET REMOVAL AND RECYCLING FOR THE PRICE OF $2.50 PER PALLET FOR A TERM OF ONE YEAR WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 2021-0567 2022 BUDGET TO PATROL THE CITY TRAILS: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD A FULL TIME POLICE OFFICER TO THE 2022 BUDGET TO PATROL THE CITY TRAILS B. Unfinished Business: City of Fayetteville, Arkansas Page 4 Printed on 712212021 City Council Agenda Session Tentative Agenda July 27, 2021 BA 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 At the July 20, 2021 City Council meeting, this ordinance was left on the first reading. C. New Business: CA 2021-0546 RZN-2021-054: (111 & 115 S. WEST AVE./JENSEN-OSTNER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-054 LOCATED AT I I I AND 115 SOUTH WEST AVENUE FOR APPROXIMATELY 0.31 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET CENTER C.2 2021-0549 RZN-2021-055 (212 N. CROSSOVER RD./AP REAL ESTATE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-055 LOCATED AT 212 NORTH CROSSOVER ROAD FOR APPROXIMATELY 0.63 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE City of Fayetteville, Arkansas Page 5 Printed on 712212021 City Council Agenda Session Tentative Agenda July 27, 2021 C.3 CA C.5 C.6 2021-0547 VAC-2021-021: (3988 W. MOUNTAIN VIEW DR./MOUNTAIN RANCH): AN ORDINANCE TO APPROVE VAC 21-0021 FOR PROPERTY LOCATED AT 3988 WEST MOUNTAIN VIEW DRIVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 2021-0551 APPEAL ADM-2021-038 (2512 W. MT. COMFORT RD./HAYS): A RESOLUTION TO GRANT THE APPEAL OF DANIEL HAYS AND APPROVE A MAJOR MODIFICATION OF LARGE SCALE DEVELOPMENT LSD 19-6780 BY GRANTING A VARIANCE TO THE CITY'S ACCESS MANAGEMENT STANDARDS TO ALLOW A SECOND DRIVEWAY AT 2512 WEST MOUNT COMFORT ROAD 2021-0568 AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS: AN ORDINANCE TO AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS TO COMPLY WITH ACT 751 OF 2021 2021-0571 AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS: AN ORDINANCE TO AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS TO CONFORM THIS SECTION TO THE REQUIREMENTS OF A.C.A. § 14-56-103 DEVELOPMENT IMPACT FEES -DEFINITION D. City Council Agenda Session Presentations: City of Fayetteville, Arkansas Page 6 Printed on 712212021 City Council Agenda Session Tentative Agenda July 27, 2021 D.1 2021-0150 AGENDA SESSION PRESENTATION - SALES TAX REPORT ENERGY REPORT BY PETER NIERENGARTEN D.2 2021-0527 AGENDA SESSION PRESENTATION: ECONOMIC VITALITY AND RECOVERY 5-YEAR PLAN UPDATE E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 7 Printed on 712212021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0978 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: 1. MONTHLY FINANCIAL REPORT File Type: Report City of Fayetteville, Arkansas Page 1 Printed on 712212021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0881 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A.1 APPROVAL OF THE DULY 20, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 712212021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0509 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 OSHER LIFELONG LEARNING INSTITUTE: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES FROM AUGUST 1, 2021 THROUGH DECEMBER 31, 2021, IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a lease agreement with the Board of Trustees of the University of Arkansas for the unoccupied banquet area in the Airport Terminal building to be used by the Osher Lifelong Learning Institute to conduct its classes in 2021 in the amount of $25.00 for each day the space is used. City of Fayetteville, Arkansas Page 1 Printed on 712212021 Summer Fallen Submitted By City of Fayetteville Staff Review Form 2021-0509 Legistar File ID 8/3/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/1/2021 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: Staff recommends approval and signature of the Mayor on a lease agreement between the City of Fayetteville and the University Osher Lifelong Learning Institute for classes from August 2021 through December 31st, 2021. Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 3RD, 2021 TO: Mayor Lioneld Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Summer Fallen, Airport Director DATE: July 1, 2021 CITY COUNCIL MEMO SUBJECT: University of Arkansas Osher Lifelong Learning Institute Lease Agreement for Fall 2021 RECOMMENDATION: Staff recommends approval and signature of the Mayor on a lease agreement between the City of Fayetteville and the University of Arkansas Osher Lifelong Learning Institute from August , 2021 through December 31st, 2021. BACKGROUND: The University of Arkansas Osher Lifelong Learning Institute was founded by the Bernard Osher Foundation and provides affordable education opportunities to its members. DISCUSSION: The University of Arkansas Osher Lifelong Learning Institute requests space in the Airport Terminal Building to conduct classes for 2021. The space occupied by Osher consists of 3,924 square feet. If we a had permanent aeronautical tenant, this space would be leased for $7.00 per square foot on a yearly basis, however we have not had any inquiries for this space for the last several years. Osher has expressed interest in a permanent lease, but has to get U of A approval, which thus far has not been forthcoming. Due to their continued interest, we have agreed to lease them the space for a daily fee of twenty-five dollars, with the understanding that they will have to vacate if a permanent tenant is procured. This arrangement has worked well in the past, with FEMA using this space for a claim center due to the flooding in April 2017. Osher has allowed us to use their furnishings, tables, and chairs when other groups have used this space when classes were not being taught. This agreement has been successful for both the Airport and Osher while providing some funds for utilities and displaying our airport and its services to a section of the public that would not normally be exposed to the Fayetteville Municipal Airport. BUDGET/STAFF IMPACT: The University of Arkansas Osher Lifelong Learning Institute will pay rent of $25 per day to use the space based on the Airport's standard meeting room rental rate. ATTACHMENTS: Staff Review Form City Council Memo Lease Agreement Exhibit A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Lease Agreement between The City of Fayetteville, Arkansas And University of Arkansas, OSHER Lifelong Learning Institute The purpose of this Lease Agreement is to establish an agreement between the City of Fayetteville, Arkansas ("City") and the Board of Trustees of the University of Arkansas, acting for and on behalf of the University of Arkansas, OSHER Lifelong Learning Institute ("OLLI") for the use of space available in the City's Drake Field terminal building to conduct classes for the Fall 2021 semesters. 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by OLLI as obligations to the City, the City lets, leases and demises unto OLLI, subject to the terms and conditions contained herein, the following described property situated in Washington, County, Arkansas: Drake Field Terminal Building banquet area. 2. Term. This term shall commence on , 2021 and shall end on December 31, 2021. The term of this lease may be terminated early by the City without cause only upon sixty (60) days prior written notice. The term of this lease may be extended only upon the mutual agreement of OLLI and the City. 3. Rent. OLLI agrees to pay to City of Fayetteville as rental for the term of this lease the sum of $25.00 for each day it uses the Leased Premises. OLLI is not required to use the Leased Premises for any minimum number of days each month. The Airport Administration Office will prepare an invoice following the end of each calendar month based on the number of days the Leased Premises are used by OLLI. Each monthly payment is due on or before the last day of the month in which the invoice is received. A late fee shall be imposed, at the highest rate allowable by law, on all payments which are not received by City of Fayetteville within sixty (60) business days from the due date. 4. Use. OLLI agrees to use the lease premises for classes, seminars or other events during regular operating hours of the Airport Terminal, which are 6:00 a.m — 10:00 p.m. Monday through Friday and 8:00 a.m — 8:00 p.m Saturday through Sunday. OLLI shall coordinate with the Airport Administration Office if the Leased Premises are required after 4:00 p.m Monday through Thursday or at any time Friday through Sunday. Classes and events shall be scheduled through the Airport Administration Office at least two weeks in advance. OLLI will notify the Airport Administration Office of any cancelled classes as soon as possible. An OLLI staff member or representative will be present at the beginning of a day's classes to set up needed items and at the end of the day to clean up. OLLI is not required to dismantle or move its tables and chairs at the end of the day unless notified by the Airport Administration Office. 5. Preemptive Use or Access by the City. OLLI acknowledges that the Transportation Security Administration may require use of the Leased Premises for certain chartered flights that may interfere with OLLI's use. In the event of such preemption, the Airport Administration Office will make every effort to locate an alternative site at no additional cost to OLLI but makes no guarantees. OLLI shall not be responsible for the payment of rent for any days the Leased Premises are unavailable for a previously scheduled class or event, nor shall the City be liable to OLLI for any costs or expenses involved in rescheduling or relocating a class when the Leased Premises are required for use by the Transportation Security Administration or for maintenance issues. 6. Access to Airport Terminal Amenities. OLLI staff shall have access to the attached unused kitchen area to store tables and chairs for its classes and events and OLLI further agrees that its tables and chairs may be used by the City or other organizations utilizing the Leased Premises at times not scheduled for OLLI's use. OLLI understands that this area is not secured at times when the Terminal Building is open to the public. The City also agrees to allow storage of media and other electronic equipment in the secured closet area in the Airport Terminal storage room as space allows. OLLI agrees that the City shall not be responsible for theft or damage of any OLLI property that is stored at the Airport Terminal. The restrooms near the post office are available for OLLI use. OLLI agrees to provide toilet paper, paper towels and other supplies as needed for the restrooms to cover faculty, staff, student and guest use. 7. Restricted Areas. Access by OLLI faculty, staff, students and guests to the Airport Flight Line (including but not limited to the apron, runway, hangars) is strictly prohibited. OLLI faculty, staff, students and guests shall not enter any offices, rooms or areas not specifically designated for their use in paragraphs 4 and 6 above. This includes, but is not limited to, the flight planning area, pilot lounge areas, TV lounge and beverage station. OLLI staff and students are not allowed the use the restrooms in the lobby area. OLLI staff and students will not gather or loiter in the Airport Terminal lobby area and shall enter into the Leased Premises as expeditiously as possible. 8. Parking. OLLI faculty, staff, students and guests will park only in the third row of the Drake Field parking lot furthest from the Airport Terminal. This area is identified in the map attached as Exhibit A. 9. Cleaning and Maintenance. The City shall provide regular janitorial and maintenance services for the Leased Premises. 10. Assignment. OLLI shall not assign this lease or sublet the Leased Premises without prior written consent of the City of Fayetteville. Consent for any assignment or subletting shall only be considered at the same rates as established in Paragraph 3 above. Any such assignment or subletting shall in no way relieve OLLI from liability for the obligations imposed by this lease. OLLI may only be released from liability by a specific written release executed by the City. 11. Holdover. OLLI hereby agrees that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, it will remove its property from the Airport Terminal immediately. 12. Termination. The City hereby reserves the right to terminate this lease at any time during the term of this lease if payment of rent in accordance with Paragraph 3 above is not received within five (5) business days from the due date. If the lease is terminated, OLLI will remove its property from the Airport Terminal immediately. 13. Non -Waiver. It is agreed that the failure of City to invoke any of the available remedies under this lease or under law in the event of one or more breaches or defaults by OLLI under the lease shall not be construed as a waiver of such provisions and conditions and shall not prevent the City from invoking such remedies in the event of any future breach or default. 14. Succession. This lease agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 15. Severability. Each paragraph of this lease agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 16. Interpretation. This lease agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 17. Entire Agreement. This lease agreement contains the entire agreement of both parties hereto, and no other oral or written agreement shall be binding on the parties hereto. This lease agreement supersedes all prior agreements, contracts and understandings of any kind between the parties relating to the subject matter hereof. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF FAYETTEVILLE: LIONELD JORDAN, Mayor ATTEST: KARA PAXTON, City Clerk BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ACTING FOR AND ON BEHALF OF THE UNIVERSITY OF ARKANSAS, OSHER LIFELONG LEARNING INSTITUTE Digitally signed by By: Whitney Smith, procurem'6nt Manager, on behalf of the Board of Printed Name: %, / Trustees of the University _ 'of-AFK 6-saa acfingf6rand on behalf of the University Title; of Arkansas, Fayetteville —--Date:2021.0611"5:51:29 -05,00, Exhibit A OLLI Designated Parking Area City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0511 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 RFQ 20-01 TREKK DESIGN GROUP, LLC: A RESOLUTION TO AUTHORIZE A CONTRACT WITH TREKK DESIGN GROUP, LLC, PURSUANT TO RFQ 20-01, TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE LUCITY ASSET MANAGEMENT AND WORK ORDER SYSTEM IN AN AMOUNT NOT TO EXCEED $25,000.00 FOR THE REMAINDER OF 2021 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 Contract with Trekk Design Group, LLC, pursuant to RFQ 20-01, to provide professional services related to the Lucity Asset Management and Work Order System for the remainder of 2021 in an amount not to exceed $25,000.00. City of Fayetteville, Arkansas Page 1 Printed on 712212021 Keith Macedo Submitted By City of Fayetteville Staff Review Form 2021-0511 Legistar File ID 8/3/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/2/2021 INFORMATION TECHNOLOGY (170) Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval of the attached scope of services and contract with Trekk Design Group LLC, in an amount not to exceed $25,000.00, to provide professional services related to CentralSquare's Lucity Asset Management and Work Order system, pursuant to RFQ 20-01. Budget Impact: 4470.170.8170-5315.00 Sales Tax Capital Account Number Fund 13008.7000.7200 ERP Upgrade/Replacement- Lucity Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 25,043.17 $ 25,043.17 $ 25,000.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: ®CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 3, 2021 TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff CITY COUNCIL MEMO FROM: Keith Macedo, Director of Information Technology DATE: July 2, 2021 SUBJECT: Staff recommends approval of the attached scope of services and contract, with Trekk Design Group LLC, pursuant to RFQ 20-01. RECOMMENDATION: Staff recommends City Council approval of the attached scope of services and contract with Trekk Design Group LLC, in an amount not to exceed $25,000.00, to provide professional services related to CentralSquare's Lucity Asset Management and Work Order system, pursuant to RFQ 20-01. BACKGROUND: City Council approved the purchase and implementation of Lucity on June 18, 2019, to replace the existing Hansen Asset Management and Work Order software application. Over the last two (2) years City staff have implemented Lucity within Facilities Management, Transportation, Recycling and Trash, Airport, Water and Sewer, and Parks departments. The city needs a firm that has in depth knowledge of both municipal operations and Lucity software configuration related to engineering, water, wastewater, parks maintenance, transportation, and GIS to assist with continued configuration needs. DISCUSSION: Many organizations invest a lot of time and money in implementing new software then significantly reduce resources allocated to the software once the software is implemented. The city emphasizes continuous improvement in technology projects and attempts to maintain resources on a project after go -live. This helps staff address post go -live issues and implement new features and functionality that can improve staff efficiency, services to the public, and overall operations. Due to the large scope of Lucity implementation City staff are requesting a 3rd party support to assist with ongoing advanced configuration and support of Lucity. A selection committee was held on June 28, 2021, and selected Trekk Design group to provide professional services support of Lucity. Trekk Design group assisted the City during implementation and has a proven track record in implementing, configuring, and maintaining Lucity software at a number of cities including our benchmark city of Lawrence KS. BUDGET/STAFF IMPACT: The attached scope of work and contract will allow City staff to utilize Trekk professional services for Lucity related support, on an hourly basis, with a not to exceed amount of $25,000.00. Funding is available within the Sales Tax Capital Lucity CIP project budget. Attachments: Staff Review Form, Staff Review Memo, Trekk Design Group SOW/contract. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Please find our contract proposal below for the above mentioned project. Hereinafter, TREKK Design Group, LLC will be defined as the Consultant, and the City of Fayetteville, AR will be defined as the Client. Scope of Services provided by Consultant Article 1 Scope of Services Task 1: EAM Services • Provide technical services to configure new EAM forms, views, data -drills and dashboards as requested • Provide technical services to re -configure existing EAM forms, views, data -drills and dashboards as requested • Training as needed to individuals and/or departments • Consult on report development or assist in developing custom reports • Configure security roles and permissions as requested • Assist in the development of EAM Import/Update scripts for integration to other systems and to improve end -user experience • Assist Water and Sewer with importing CCTV data into the EAM • Assist in the development of Preventative Maintenance Templates • Provide troubleshooting and technical support • Assist in upgrades to future EAM versions Task 2: Miscellaneous Services • Provide consultation to Information Technology Department on EAM technology as requested Task 3: Project Administration • Minimum of monthly progress updates • Monthly Invoicing Article 2 Additional Services All additional work required by the client will be billed on an hourly basis according to the rate schedule attached. Extra work would include, but not be limited to: • Changes in Scope of Services. IMPROVING LIVES. Article 3 Client Responsibilities The Client shall provide information regarding business need for assistance The Client shall provide access to the EAM software, servers, and network to carry out the requested scope. Article 4 Contract Fee and Billing The Client shall compensate TREKK Design Group for Scope of Services described above and in accordance with Terms and Conditions of this Agreement. 1. For ON -CALL SERVICES compensation shall be based on unit rates and hourly costs, not to exceed the amount of ($25,000) as outlined in the 2021 Compensation for Professional Engineering Services by reference herein, and attached as Attachment A. The 2021 hourly rate for the Asset Management Specialist for this contract is $175/hour. All work shall be performed according to our Standard Terms and Conditions of Contract, incorporated into this contract by reference herein and attached as Exhibit A. Article 5 Schedule The project Schedule is as follows: Task 1: On -Call Services July 2021 Start Date If this Contract Proposal is acceptable and outlines our complete agreement, please signify your acceptance by signing in the space provided and return one copy to our office. Electronic copy is acceptable. This Document will then constitute our complete Agreement. TREKK DESIGN GROUP, LLC -4AV- jLZZj Kimberly Robinett Date CITY OF FAYETTEVILLE, AR Authorized Representative Date IMPROVING LIVES. Exhibit A TREKK Design Group, LLC STANDARD TERMS AND CONDITIONS OF CONTRACT 1. RIGHT of ENTRY: The Client will provide for right of entry for Consultant in order to complete the work. While Consultant will take all reasonable precautions to minimize any damage to the property, it is understood by Client that some damage may occur in the normal course of work, the correction of which is not part of this Agreement. 2. CONSTRUCTION SITE INSPECTION: At construction sites, the presence of Consultant field representatives will be for the purpose of providing inspection of only the work with which Consultant has agreed to be involved. Opinion of Consultant as to the contractor's adherence to plans and specifications will be reported. Our work does not include supervision or direction of the actual work of the contractor, their employees, or agents. The Contractor should also be informed that neither the presence of our field representative, nor the observation by our firm shall excuse him in any way for defects discovered in their work. Our firm will not be responsible for job or site safety on this project. Job and site safety will be the sole responsibility of the Contractor. 3. INVOICES: Consultant will submit invoices to the Client monthly and a final bill upon completion of services. Payment is due upon presentation of invoice and is past due thirty (30) days from each invoice date. Client agrees to pay a finance charge of one and one-half percent (1.5%) per month, or the maximum rate allowed by law, on past due accounts. 4. OWNERSHIP of DOCUMENTS: All reports, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by Consultant as instruments of service shall remain the property of Consultant. Client agrees that all reports and other work furnished to the Client or their agents that are not paid for will be returned upon demand and will not be used by the Client for any purpose whatsoever. 5. STANDARD of CARE: Service performed by Consultant under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, expressed or implied, is made. 6. LIMITATION of LIABILITY: In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Consultant and Consultant's officers, directors, partners, employees, shareholders, owners and sub consultants for any and all claims, losses, costs, damages of any nature whatsoever, or claims expenses from any cause or causes, including attorneys' fees and costs and expert -witness fees and costs, so that the total aggregate liability of the Consultant and Consultant's officers, directors, partners, employees, shareholders, owners and sub consultants shall not exceed the Consultant's total fee for services rendered on this Project. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 7. INSURANCE and INDEMNIFICATION: Consultant and the consultants employed by it are protected by worker's compensation insurance, and Consultant has such coverage under public liability and property damage insurance policies that Consultant deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, Consultant agrees to indemnify and hold Client harmless from and against damage, liabilities, or costs to the extent caused by the negligent acts by Consultant, and consultants employed by it. Consultant shall not be responsible for any loss, damage, or liability beyond the amounts, limits, and conditions of such insurance. 8. ASSIGNMENT: Neither the Client, nor Consultant shall sublet, transfer, or assign any rights or duties under or interest in this Agreement, including, but not limited to, monies that are due or monies that may be due, without the prior written consent of the other party. Subcontracting to sub consultants, normally contemplated by the IMPROVING LIVES. Consultant as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement. 9. TERMINATION: This Agreement may be terminated by either party upon ten (10) days written notice in the event of substantial failure by the other part to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, Consultant shall be paid for services performed to the termination notice date plus reasonable termination expenses. 10. PRECEDENCE: These Provisions and Agreement supersede all prior agreements and understandings and may be changed only by written amendment executed by both parties. 11. REIMBURSABLE EXPENSES: Reimbursable Expenses are in addition to the Design Fee and shall be billed to the Client at 1.0 times our direct cost. Reimbursable expenses shall include, but not be limited to, all shipping and mailing costs, courier services, travel, printing, and photographic reproductions. 12. ATTORNEY'S FEES and EXPENSES: The Client agrees to reimburse the Consultant for all attorney or collection agency fees, expenses, and court costs incurred to collect any amount due under this Contract. 13. ADDITIONAL SERVICES: Any work required in addition to that detailed in this Contract will be billed on an hourly basis according to then current rates or a negotiated lump sum fee. Extra work will include, but not limited to: changes in the Scope of Services; changes made in response to program changes; changes due to revision of site/base information provided by others; changes due to error of contractor during construction; and design modifications requested by the client subsequent to prior approval. 14. HOURLY RATES: Hourly rates are as defined in contract agreement. 15. SCHEDULE: The Consultant shall perform its services as expeditiously as is consistent with professional skill, care and the orderly progress of the Project, but not subject to any firm schedule or completion date unless expressly outlined in the contract documents. The Client acknowledges that Client -directed changes, unforeseen conditions, and other delays may affect the completion of the Design services. Client waives any and all claims for consequential, incidental, and business interruption damages directly or indirectly related to the timeliness of the commencement, undertaking, and completion of design services. In no event shall the Consultant have control over or responsibility for any Contractor's or vendor's performance schedule. 16. STANDARD CLEANING AND CCTV PRICING PROVISIONS: The pricing proposal does not include expenses for prevailing wages or certified payroll reporting, bypass pumping, or pipe plugging unless specifically stated as such. Any costs associated with repairs or extractions that are required due to existing structural system defects or failures will be completed at the expense of Client. Light traffic control is included in the unit rate and is defined as cones and Utility Work Ahead signs. Additional traffic control required will be billed as a Reimbursable Expense. The contract price is for the estimated footage in the proposal; additional work beyond the scope will be compensated at the project unit price or negotiated by addendum. Pricing is valid for sixty (60) days from the date of the proposal. Pipe diameters will be verified at the upstream and downstream manholes; midsection pipe diameter will not be documented. Pricing is valid based on the City/Owner providing adequate access to the work site, water/hydrant access with a meter, and a dump site and that there are no hazardous materials present. IMPROVING LIVES. Attachment A A D/WBE, SBA 8(A), WOSB Certified Civil Engineering Firm 2021 Compensation for Professional Engineering Services' TREKK Design Group, LLC (TREKK) The OWNERS'S payment to the ENGINEER shall be due and payable as follows: I. For Professional Engineering Services, when authorized and agreed upon in writing, an amount based upon hourly billing rates plus expenses, in accordance with Section III below allowable salary range for each position classification and expenses, or a negotiated amount as agreed upon. 11. For Other Services, when authorized and agreed upon in writing, an amount based upon hourly rates plus expenses or unit rates, in accordance with Section III below, or a negotiated amount as agreed upon. 111. Hourly Billing Rates and Expenses: Project Principal $ 198.90 - $ 286.11 Senior Professional Land Surveyor $ 131.58 - $ 188.50 Project Manager $ 119.34 - $ 276.01 Professional Land Surveyor 1 $ 113.22 - $ 164.93 Senior Professional Engineer $ 168.30 - $ 276.01 Professional Land Surveyor II $ 97.92 - $ 141.37 Professional Engineer 1 $ 146.88 - $ 242.35 Professional Land Surveyor III $ 85.68 - $ 124.54 Professional Engineer 11 $ 119.34 - $ 195.23 Survey Technician 1 $ 85.68 - $ 141.37 Professional Engineer III $ 104.04 - $ 151.47 Survey Technician II $ 61.20 - $ 100.98 Senior Project Engineer $ 131.58 - $ 198.59 Survey Technician III $ 52.02 - $ 77.42 Project Engineer 1 $ 110.16 - $ 171.67 Survey Crew (2-3 man crew) $ 162.18 - $ 229.50 Project Engineer II $ 94.86 - $ 141.37 UDAR Crew $ 214.20 - $ 290.00 Project Engineer III $ 79.56 - $ 121.18 Slam Crew $ 107.10 - $ 173.00 Senior Industry Specialist $ 162.18 - $ 259.18 Survey Crew Chief 1 $ 70.38 - $ 117.81 Industry Specialist 1 $ 134.64 - $ 208.69 Survey Crew Chief II $ 55.08 - $ 90.88 Industry Specialist II $ 113.22 - $ 175.03 Survey Rodman $ 48.96 - $ 70.69 Industry Specialist III $ 94.86 - $ 148.10 Senior Utility Coordinator $ 100.98 - $ 168.30 Office Technician 1 $ 70.38 - $ 111.08 Utility Coordinator 1 $ 79.56 - $ 131.27 Office Technician II $ 58.14 - $ 90.88 Utility Coordinator 11 $ 64.26 - $ 100.98 Office Technician III $ 48.96 - $ 77.42 Utility Coordinator III $ 55.08 - $ 80.78 GIS Analyst 1 $ 97.92 - $ 161.57 Senior Construction inspector $ 85.68 - $ 141.37 GIs Analyst 11 $ 82.62 - $ 124.54 Construction Inspector 1 $ 70.38 - $ 111.08 GIs Analyst III $ 70.38 - $ 107.71 Construction Inspector 11 $ 58.14 - $ 90.88 GIS Technician 1 $ 67.32 - $ 104.35 Construction Inspector III $ 48.96 - $ 74.05 GIS Technician II $ 55.08 - $ 87.52 Asset Management Specialist $ 137.70 - $ 212.06 GIS Technician III $ 48.96 - $ 70.69 Innovation Specialist $ 122.40 - $ 175.03 Field Crew $ 131.58 - $ 185.13 Controller $ 116.28 - $ 175.03 Senior Field Technician $ 82.62 - $ 138.01 Accounting Specialist 1 $ 88.74 - $ 134.64 Field Technician 1 $ 64.26 - $ 107.71 Accounting Specialist II $ 64.26 - $ 97.61 Field Technician II $ 55.08 - $ 80.78 Accounting Specialist III $ 48.96 - $ 74.05 Field Technician III $ 48.96 - $ 70.69 Admin $ 48.96 - $ 74.05 Project Designer 1 $ 104.04 - $ 151.47 Administrative Specialist $ 67.32 - $ 100.98 Project Designer 11 $ 91.80 - $ 131.27 Survey Equipment $ 7.50 hr Project Designer III $ 79.56 - $ 114.44 LiDAR Equipment $ 1,000.00 hr CADD Technician 1 $ 73.44 - $ 114.44 GeoSLAM Equipment Charge $ 30.00 hr CADD Technician II $ 61.20 - $ 94.25 Survey Drone Equipment $ 110.00 hr CADD Technician III $ 52.02 - $ 77.42 Mileagel $ 0.56 mi Other Expenses Cost Note 1: The above hourly rates and unit prices are good through December 31, 2021. TREKKDESIGNGROUP.COM 1 816.874.4655 1 1411 E 104th Street, Kansas City, MO 64131 ACORE® CERTIFICATE OF LIABILITY INSURANCE 111*_� 4/30/2022 F.ATE(MMIDD/veyY) 7/6/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 NAME T PHONE ac No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: The Cincinnati Insurance Company 10677 INSURED TREKK DESIGN GROUP, LLC 1488732 1411 E 104TH STREET INSURER B : Berkle Insurance Company 32603 INSURER C : The Cincinnati Casualty Company 28665 KANSAS CITY MO 64131 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER- 17FRSF4Il RFVISIAN NUMRFR, XXXXXXy THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y N EPP0612820 4/30/2021 4/30/2023 EACH OCCURRENCE s 11000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 11000,000 AGGREGATE LIMIT APPLIES PER: POLICY JEo LOC GENERAL AGGREGATE $ 2,000,000 GENT PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y N EBA0612820 4/30/2021 4/30/2022 COBINEDaccidentSINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS ONLY X AUTOS ONLY I ( BODILY INJURY Per accident) $ XXXXXXX X Parr a cidenDAMAGE $ XXXXXXX $XXXXXXX A X UMBRELLA LIAB X OCCUR N N EPP0612820 4/30/2021 4/30/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ S 000 000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 10,000 $ XXXXXXX C WORKERS COMPENSATN AND EMPLOYERS'LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A N EWC0612825 4/30/2021 4/30/2022 X STATUTE ERH E.L. EACH ACCIDENT $ 1000, 000 E.L. DISEASE - EA EMPLOYEE $ 1,00 000_ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I I E.L. DISEASE - POLICY LIMIT 1 $ 1.000.000 B PROFESSIONAL LIABILITY N N AEC-9044062-03 4/30/2021 4/30/2022 $3,000,000 EACH CLAIM $3,000,000 AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: TREKK JOB NO.21-0209 FAYETTEVILLE COF CENTRAL SQUARE ON -CALL SERVICES. THE CITY OF FAYETTEVILLE, ARKANSAS IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, IF REQUIRED BY WRITTEN CONTRACT. ru rv�r� Wr Ww F% tiANt.CLLAIIUN 17685650 CITY OF FAYETTEVILLE, ARKANSAS ATTN: KEITH MACEDO, INFORMATION TECHNOLOGY DIRECTOR 113 WEST MOUNTAIN STREET FAYETTEVILLE AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA ©1988LI015 ACORD CORPORATION. All riahts reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0529 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.4 File Type: Resolution DICKSON STREET CENTRAL IMPROVEMENT DISTRICT # 1 AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT #2 TO THE LEASE AGREEMENT WITH DICKSON STREET CENTRAL IMPROVEMENT DISTRICT #1 FOR MANAGEMENT OF THE 55 PARKING SPACES IN THE GREGG AVENUE PARKING LOT FOR A TERM OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Amendment #2 to the Lease Agreement with Dickson Street Central Improvement District #1, a copy of which is attached to this Resolution and made a part hereof, for management of the 55 parking spaces on the Gregg Avenue Parking Lot for a term of one (1) year with automatic renewals for up to five (5) additional one year terms. City of Fayetteville, Arkansas Page 1 Printed on 712212021 Justin Clay Submitted By City of Fayetteville Staff Review Form 2021-0529 Legistar File ID 8/3/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/7/2021 PARKING MANAGEMENT (430) Submitted Date Division / Department Action Recommendation: Amending Lease Agreement with Dickson Street Central Improvement District No. 1 to renew agreement for management of the Gregg Avenue parking lot Budget Impact: NA NA Account Number Fund NA NA 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 Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 3, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director & City Engineer FROM: Justin Clay, Parking Manager DATE: July 7, 2021 SUBJECT: Amending Lease Agreement with Dickson Street Central Improvement District No. 1 to renew agreement for management of the Gregg Avenue parking lot RECOMMENDATION: Staff recommends renewing the Lease Agreement with the Dickson Street Central Improvement District No. 1. for management of the 55 parking spaces on the Gregg Avenue parking lot. The term of this Amendment #2 to the original lease agreement will be for one (1) year with an automatic annual renewal for up to five (5) additional years. BACKGROUND: The City entered into the original Lease Agreement with the Dickson Street Central Improvement District No. 1 (District) on October 31, 2003. DISCUSSION: The agreement is up for renewal and provides for the City to lease the parking lot owned by the District and operate the property as a revenue producing off-street parking lot available for public use. The City collects the parking revenues and provides parking enforcement for the leased premises. The City then pays the District the net operating revenues derived from the leased premises ("net operating revenues" are the gross revenues less all costs of equipping, maintaining, and operating the leased premises by the City). BUDGET/STAFF IMPACT: There is no budget impact. Expenses incurred for maintaining this lot are directly retained by the City from the revenues generated from the lot. The remaining revenues are paid back to the Parking District on a quarterly basis. Attachments: Amendment #2 to the original lease agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AMENDMENT #2 TO LEASE AGREEMENT BE IT KNOWN TO ALL: That the City of Fayetteville, Arkansas (the "City") and the Dickson Street Central Improvement District #1 of the Cit} of Fayetteville. Arkansas (hereinafter referred to as "DSCID"), on this _ _ day of' r ?U?l, hereby agree that their Lease Agreement of F ebruaiy 6, 20(19, shall be amanded by extending the term of the Lease Agreement for a term of one (1) year from the effective date of this Amendment as set forth above, after which it shall automatically renew for five (5) additional one (1) year terms, unless the parties, by mutual agreement, choose to amend or terminate the Lease Agreement prior to the expiration of the then current term. The parties agree and understand that this Amendment is supplemental to their Lease Agreement of February 9, 2009, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. Dickson Street Central Improvement District No. I of the city of Fayetteville, Arkansas c iiinissioner r • C'on�missfiner Commissioner City of Fayetteville, Arkansas By: ATTEST: Kara Paxton, City Clerk/Treasurer Lioneld Jordan, Mayor AMENDMENT #i TO LEASE AGREEMENT BE IT KNOWN TO AI,L: That the City of Fayetteville, Arkansas (the "City") and the Dickson Street Central Improvement District 1 of the City of Fayetteville, Arkansas (hereinafter referred to as "DSCID"), on this day of 2015, hereby agree that their Lease Agreement of February 6, 2009, shall be amended by extending the term of the Lease Agreement retroactively from February 6, 2015, for a term of one (1) year from the effective date of this Amendment as set forth above, after which it shall automatically renew for five (5) additional one (1) year terms, unless the parties, by mutual agreement. choose to amend or terminate the Lease Agreement prior to the expiration of the then current term. The parties agree and understand that this Amendment is supplemental to their Lease Agreement of February 9, 2009, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth herein above. ATTEST: 4AaAw= & - Zl't's. &- — Sondra E. Smith, City Clerk/Treasurer Dickson Street Central Improvement District No, I of the city of Fayetteville, Arkansas By:3 %-V1111 "301V1"11 Cit 1 Y _ ; FAYETTEVILLE;�= 9�, •.'aka NSP. ••�'.�' jifill J• EXHIBIT "A" Lot 70 - located on the southeast corner of Gregg Avenue and Lafayette Street r 4 Parcel 3 A part of the WINE1 of Section 16, T16N, RXM . Washington Cour._y. Arkansas, being more particularly described as follows: Commencing at the intersection of the North line of Dickson Street with the East line of Gregg Street, said point being 15.0 feet East and 13.0 feet North of the Southwest corner of the JOWALL thence along the North tine of Dickson Street R896511380E a distance of 105.0 feet; thence 100`08`22'14 a distance of 250.0 feet to a found iron Rail for a Point of 6"inaing; thence r parallel to and 22.51 feet West of the center of the tracks of the Sarlington ck� Northern Railroad Company (formerly St. Louis -San Francisco Railroad Company) 11000'11157"W a distance of 146.86 feet to the begirming of a curve to the left having a radius of 1326.63 feet; thence continuing Northerly along said carve 0 through a central angle of 13'15'27' an arc l$ngth of 306.96 feet; thence along the South edge of the pavement of Lafayette Avenue S71'Z8'04'ii a {� distance of $4.81 feet to the East curb line of Gregg Street; thence along the East curb of Gregg Street 501018'24 W a distance of 18,16 feet; thence SOS'33'00'W a distance of 140.43 feet; thence SD4*02'35'W a distance of 71.28 feet; thence S01011'231W a distance of 164.32 feet to a point on the East curb of Gregg Street from which a found Iron hail bears N84'51'36"E a distance of 5.5 feet; thence N89'S1'38"E a distance of 109.8 feet to the Point of Eieginning containing 0.94 acre. more or less. (Cass 15exe�ae to Burney: PaxneI 3 Is described an a plat by itself on Drarlm Aft,-16) . BM 9363 Fayetteville. AR 10.08A59 t+ii: LIMAN LEASE AGREEMENT This lease Agreement executed this ( day of Qk 4f 2009, by and between DICKSON STREET CENTRAL RvIPROVEMENT DISTRICT NO. 1 of the City of Fayetteville, Arkansas (hereinafter referred to as "DSCID"), and the CITY OF FAYETTEVILLE, Arkansas (hereinafter referred to as "the City"). In consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. DSCID hereby leases to the City, and the City hereby leases from DSCID, the real property described in Exhibit A, attached hereto and made a part hereof. 2. The term of this Lease shall be for a period of one (1) year, with an automatic annual renewal for up to FIVE (5) additional years, commencing on the date of execution hereof. 3. The City hereby agrees that during the term of this Lease, or any extension thereof, the City shall operate the leased premises as revenue producing off-street parking lots; the City agrees to equip the leased premises with parking meters or parking gates; the City agrees to collect the revenues from the parking meters or parking gates located on the leased premises; and the City agrees to police the lease premises to insure that motorists parking thereon are paying required usage fees as are now, or as may hereafter, be established by the City. 4. The City agrees to pay over to DSCID during the term of this Lease, or any extension thereof, the net operating revenues derived from the leased premises. The term "net operating revenues" shall mean gross revenues less all costs of equipping, maintaining, and operating the lease premises as off- street parking lots. Said revenues shall be paid to DSCID quarterly. 5. DSCID reserves the right to be release from the terms and obligations of this Lease at any time, provided, however, that DSCID shall provide the City NINETY (90) days written advance notice of such intent. IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date first above written. DICKSON STREET CENTRAL IMPROVEMENT DISTRICTQNO. 1 pf the City of Fayetteville, Arkansas ATTES - By:Pj S ndra Smith, City Clerk T\(\, . CITY OF F ETTEVULLE, ARKANSAS Y= Lioneld Jordan, or 1,1111411ffllf�l��/ FAYETTEV I LLE ; A4je TON 0 f�'l00d11406 0% City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0536 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.5 BID # 21-54 KAJACS CONTRACTORS, INC.: A RESOLUTION TO AWARD BID # 21-54 AND AUTHORIZE A CONTRACT WITH KAJACS CONTRACTORS, INC. IN THE AMOUNT OF $3,479,500.00 FOR THE CONSTRUCTION OF APPROXIMATELY 10,835 LINEAR FEET OF WATERLINES IN VARIOUS LOCATIONS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $347,950.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid # 21-54 and authorizes Mayor Jordan to sign a contract with KAJACS Contractors, Inc. in the amount of $3,479,500.00 for the construction of approximately 10,835 linear feet of 12-inch and smaller waterlines in various locations around Fayetteville, and further approves a project contingency in the amount of $347,950.00. City of Fayetteville, Arkansas Page 1 Printed on 712212021 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-0536 Legistar File ID 8/3/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/14/2021 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #21-54 and approving a construction contract with KAJACS Contractors, Inc. in the amount of $3,479,500.00 for construction of approximately 10,835 linear feet of 12-inch and smaller waterlines, and to approve a project contingency in the amount of $347,950.00. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 12009.1 Water System Rehabilitation Project Number Project Title Budgeted Item? Yes Current Budget $ 7,485,004.00 Funds Obligated $ 1,616,906.82 Current Balance $ 5,868,097.18 Does item have a cost? Yes Item Cost $ 3,827,450.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 2,040,647.18 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 3, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: July 6, 2021 CITY COUNCIL MEMO SUBJECT: Bid #21-54, KAJACS Contractors, Inc. — Construction Contract for 2021 Waterline Improvements Project RECOMMENDATION: Staff recommends awarding Bid #21-54 and approving a construction contract with KAJACS Contractors, Inc. in the amount of $3,479,500.00 for construction of approximately 10,835 linear feet of 12-inch and smaller waterlines, and to approve a project contingency in the amount of $347,950.00. BACKGROUND: On June 15th, 2021 the City of Fayetteville accepted sealed competitive bids for the 2021 Waterline Improvements project. KAJACS Contractors, Inc. submitted the lowest bid. All bids are shown here: Goins Enterprises, Inc. $4,584,685.00 Goodwin & Goodwin, Inc. $3,516,690.47 KAJACS Contractors, Inc. $3,479,500.00 DISCUSSION: This project will reconstruct aging and failing waterline infrastructure in five locations around Fayetteville. The construction of approximately 1,890 linear feet of 8" waterline along Huntsville Rd. from Mill Ave. to Mashburn Ave., 1,250 linear feet of 8" waterline along Ila St. from Wilson Ave. to Lincoln Ave. and 690 feet of 8" waterline along Shady Ave. from Maple St. to Louise St., 1,950 linear feet of 8" waterline along Oaks Manor Dr. from Rolling Hills Dr. to Sheryl Ave., 820 linear feet of 12" waterline along Persimmon St. from Betty Jo Dr. to Shiloh Dr., and 3,345 linear feet of 8" waterline and 890 linear feet of 4" waterline within the Western Park trailer park including off -site connections to the east. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds are available for this project in the Water System Rehabilitation account. Attachments: Project Vicinity Map Certified Bid Tab, Bid #21-54 Agreement 2021 Waterline Improvements Project Vicinity Map I NTS 0 -n"'n (uF---1WEDINGT R. �C0� ❑ NORTH STREET ❑ �� ILA STREET mm❑m ❑p��❑0 SHADY AVE. 0 o O❑ ���� o Z w ❑❑mm Wilson Park ¢� ®� o ❑❑ DODI❑0 Om o10 1010 d MAPLE ST. �� =11 8. 1 EI❑❑ Y ❑a❑ PERSIMMON ST. m B�AF DICKSGN ST. ST. of SE 001111UL] 000000 WESTERN �❑❑ (]❑❑°LJDOE PARK �o-GMLKBLVD❑ Q❑❑ �ti�/ HUNTSVILLE RD U ❑ Q 0 a �� o HUNTSVILLE ROAD �� 15TH STREET RD n ST. CITY op FAYETT EVILLE A■KANSAS BID TABULATION Bid 21-54, Construction - 2021 Waterline Improvements Deadline: Tuesday, June 15, 2021 at 2:00 PM Certification of Funds : $4,200, 000. 00 Total Allowed: $5,250,000.00 Goins Enterprises, Inc. Goodwin & Goodwin, Inc. Kajacs Contractors Inc. Total Cost $ 4,584,685.00 $ 3,516,690.47 $ 3,479,500.00 Quantity Unit Unit Total Unit Total Unit Total Item 8 Item Description Required of Price Cost Price Cost Price Cost Measure #1-1 BID SCHEDULE 1 - OAKS MANOR DR. WATERLINE (32) Mobiliution(Shall not exceed 5%of Total Bid) 1 LS $ 35,000.00 $ 35,000.00 $ 25,000.00 $ 25,000.00 $ 29,500.00 $ 29,500.00 #1-2 Insurance and Bonding 1 LS $ 21,000.00 $ 21,000.00 $ 18,000.00 $ 18,000.00 $ 20,000.00 $ 20,000.00 #1-3 Construction Staking 1 LS $ 4,000.00 $ 4,000.00 $ 3,000.00 $ 3,010.00 $ 2,000.00 $ 2,DD0.00 #1-4 Act 291, 1993 Trench and Excavation Safety Systems for W/S Install 1 LS $ 5,000.00 $ 5,000.00 $ 2,500.00 $ i 2,500.00 $ 2,500.00 $ 2,SOO.OD #1-5 Clearing, Grubbing, & Demolition 1 LS $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 2,500.00 $ 2,500.00 #1-6 Traffic Control & Maintenance 1 LS $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 4,500.00 $ 4,500.00 #1-7 Rock Excavation 100 Cy $ 10.00 i 1,000.00 $ 200.00 $ 20,000.00 $ 250.00 $ 25,000.00 #1-8 8" PVC, C-900, Class 200 DR-14 Water Main 1944 LF $ 110.00 $ 213,840.00 $ 105.00 $ 204,120.00 $ 90.00 $ 174,960.00 #1-9 6" PVC, C-900, Class 200 DR-14 Water Main 95 LF $ 105.00 $ 9,975.00 $ 85.00 $ 8,075.00 $ 65.00 $ 6,175.D0 #1-10 2"Copper, Type K-Soft, Water Service Tubing 90 LF $ 55.00 $ 4,950.00 $ 45.00 4,050.00 $ 75.00 $ 6,750.00 #1-11 1"Copper, Type K-Soft, Water Service Tubing 480 LF $ 45.00 $ 21,600.00 $ 23.00 11,040.00 $ 60.00 $ 28,800.00 #1-12 8" Gate Valve with Box 6 EA $ 2,100,00 $ 13,800.00 $ 2,800.00 $ 16,800.00 $ 2,000.00 $ 12,DD0.00 #1-13 6" Gate Valve with Box 2 EA $ 1,700.00 $ 3,400.00 $ 2,000.00 $ 4,000.00 $ 1:500.00 $ 3,000.00 #1-14 Three Way Fire Hydrant Assembly with Valve 3 EA $ 6,000.00 $ 18,000.00 $ 5,800.00 $ 17,400.00 $ 5500.00 $ 16,500.00 #1-15 Remove Existing Fire Hydrant and Return to Owner 3 EA $ 1,000.00 $ 3,000.00 $ 800.00 $ 2,400.00 $ 500.00 $ 1,500.00 41-16 6" x 6" Tapping Sleeve and Valve with Box 3 EA $ 3,500.00 $ 10,500.00 $ 5,300.00 $ 15,900.00 $ 4,500.00 $ 13,500.00 #1-17 Epoxy Coated Ductile Iron Fittings 3442 LB $ 15.00 $ 51,630.00 $ 0.01 $ 34.42 $ 10.00 $ 34,420.00 #1-18 Single Meter Setting, Complete to Existing Service 18 EA $ 1,600.00 $ 28,800.00 $ 1,300.00 $ 23,400.00 $ 11000.00 = 18,000.00 #1-19 Double Meter Setting, Complete to Existing Service 3 EA $ 1,900.00 $ 5,700.00 $ 1,800.00 $ 5,400.00 $ 1,200.00 $ 3,600.00 41-20 Remove Existing Meter Setting 21 EA $ 150.00 $ 3,150.D0 $ 150.00 $ 3,150.00 $ 350.00 $ 7,350.00 #1-21 8" Saddle, 1" or 2" Corporation Stop and Tap 20 EA $ 650.00 $ 13,000.00 $ 400.00 $ 8,000.00 $ 550.00 $ 11,000.00 #1-22 Cut and Cap Existing 6" Water Main 4 EA $ 3,500.00 $ 14,000.00 $ 2,000.00 $ 8,000.00 $ 2,000.00 $ 8,D00.D0 #1-23 Abandon (Remove) Existing Water Valve 3 EA $ 1,500.00 $ 4,500.00 $ 300.00 $ 900.00 $ 1,000.00 $ 3,000.00 #1-24 4" Topsoil Placement 350 Sy $ 5.00 ` 1,750.00 $ 5.00 $ 1,750.00 $ 5.00 rs 1,750.D0 #1-25 Solid Sod(Bermuda)- Use as directed 350 Sy $ 8.00 $ 2,800.00 $ 6.00 $ 2,100.00 $ 7.00 $ 2,450.00 #1-26 Asphalt Concrete Hot Mix Patching for Maintanence of Traffic 200 TON $ 375.00 $ 75,000.00 $ 200.00 $ 40,000.00 $ 135.00 $ 27,000.00 #1-27 Pavement Repair (Asphalt T-Patch) 1365 Sy $ 200.00 $ 273,000.00 $ 135.00 $ 184,275.00 $ 75.00 $ 102,375.B0 41-28 Concrete Curb and Gutter 257 LF $ 55.00 $ 14,135.00 $ 45.00 $ 11,565.00 $ 25.00 $ 6,425.010 #1-29 Site Restoration 1 LS $ 5,000.00 $ 5,000.00 $ 12,000.00 $ 12,000.00 $ 10,000.00 $ 10,000.00 #1-30 Tree Protection Fencing 250 LF $ 10.00 $ 2,500.00 $ 4.00 $ 1,000.00 $ 10.00 $ 2,500.00 41-31 Erosion Control 1 LS $ 5,000.00 $ 51000.00 $ 6,000.00 $ 6,000.00 $ 10,000.00 $ 10,000.00 11-32 Site Photographs and Video 1 L5 $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 #2-1 N (Shall not exceed 5%of Total Bid) llilation t LS $ 44,000.00 $ 44,000.00 $ 25,000.00 $ 25,000.00 $ 30,000.00 $ 30,000.00 #2-2 Insurance and Bonding I I I11 $ 26,1400.00 $ 26,400,00 $ 22,000.00 $ 22,000.00 $ 15,000.00 $ 15,000.00� #2-3 Construction Staking 1 LS $ 4,000.00 $ 4,000.00 $ 3,000.00 $ 3,000.00 $ 2,000.00 $ 2,000.00 #2-4 Act 291, 1993 Trench and Excavation Safety Systems for W/S Install 1 LS 5 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $ 2,500.00 $ 2,500.00 #2-5 Clearing, Grubbing, & Demolition 1 LS $ 5,000.00 $ 5,000.00 $ 8,000.00 $ 8,000.00 $ 2,500.00 $ 2,500.00 #2-6 Traffic Control and Maintenance 1 LS $ 5,000.00 $ 5,000.00 $ 50,000.00 $ 50,000.00 $ 4,500.00 $ 4,500.00 42-7 Rock Excavation 100 CY $ 10.00 $ 1,000.00 $ 200.00 $ 20,000.00 $ 250.00 $ 25,000.00 #2-8 8" PVC, C-900, Class 200 DR-14 Water Main 1980 LF $ 120.00 $ 237,600.00 $ 105.00 $ 207,900.00 $ 90.00 $ 178,200.00 #2-9 6" PVC, C-900, Class 200 DR-14 Water Main 20 LF $ 115.00 $ 2,300.00 $ 85.00 $ 1,700.00 $ 65.00 $ 1,300.00 92-10 1"Copper, Type K-Soft Water Service Tubing 560 LF $ 45.00 $ 25,200.00 $ 23.00 $ 12,880.00 $ 60.00 $ 33,600.00 #2-11 1.5" HDPE SDR-9 Encasement 425 LF S 15.00 $ 6,375.00 $ 30.00 $ 12,750.00 $ 25.00 $ 10,625.00 #2-12 8" Gate Valve with Box 7 EA $ 2,300.00 $ 16,100.00 $ 2,800.00 $ 19,600.00 $ 21000.00 $ 14,D00.D0 #2-13 Three Way Fire Hydrant Assembly with Valve 2 EA $ 6,000.00 $ 12,000.00 $ 5,800.00 $ 11,600.00 $ 5,500.00 $ 11,000.00 #2-14 12" x 8" Tapping Sleeve and Valve with Box 1 EA $ 4,500.00 $ 4,500.00 $ 7,500.00 $ 7,500.00 $ 5,700.00 $ 5,700.00 42-15 10" x 8" Tapping Sleeve and Valve with Box 1 EA $ 4,200.00 $ 4,200.00 $ 7,300.00 $ 7,300.00 $ 5,500.00 $ 5,500.00 #2-16 6" x 6" Tapping Sleeve and Valve with Box 3 EA $ 3,500.00 $ 10,500.00 $ 5,300.00 $ 15,900.00 $ 4,500.00 $ 13,500.00 #2-17 Epoxy Coated Ductile Iron Fittings 5295 LB $ 15.00 $ 79,425.00 $ 0.01 $ 52.95 $ 10.00 $ 52,950.00 #2-18 Single Meter Setting, Complete to Existing Service 25 EA $ 1,600.00 $ 40,000.00 $ 1,300.00 $ 32,500.00 $ 1,00..0. $ 2%-.00 #2-19 Double Meter Setting, Complete to Existing Service 2 EA $ 1,900.00 $ 3,800.00 $ 1,800.00 $ 3,600.00 $ 1,200.00 $ 2,400.00 #2-20 Remove Existing Metter Setting 27 EA $ 150.00 $ 4,050.00 $ 150.00 $ 4,050.00 $ 350.00 $ 9,450.00 #2-21 8" Saddle, 1" Corporation Stop and Tap 27 EA $ 650.00 $ 17,550.00 $ 400.00 $ 10,800.00 $ 550.00 $ 14,850.00 42-22 16" Direct Bury Steel Encasement 110 LF $ 170.00 $ 18,700.00 $ 200.00 $ 22,000.00 $ 150.00 $ 16,500.D0 #2-23 Cut and Cap Existing 2" Water Main 3 EA $ 3,500.00 $ 10,500.00 $ 1,500.00 $ 4,500.00 $ 1,500.00 $ 4,500.00 #2-24 Cut and Cap Existing 1.5" Water Main 5 EA $ 1,500.00 $ 7,500.00 $ 1,200.G0 $ 6,000.00 $ 1,500.00 $ 7,500.00 #2-25 Cut and Cap Existing 1.25" Water Main 1 EA $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 42-26 Abandon (Remove) Existing Water Valve 7 EA $ 1,500.00 $ 10,500.00 $ 300.00 $ 2,100.00 $ 1,000.00 $ 7,000.00 #2-27 Asphalt Concrete Hot Mix Patching for Maintenance ofTraffic 288 TON $ 375.00 $ 108,000.00 $ 150.00 $ 43,200.00 $ 135.00 $ 38,880.00 #2-28 Pavement Repair (Asphalt T-Patch) 1745 SY $ 200.00 $ 349,000.00 $ 135.00 $ 235,575.00 $ 75.00 $ 130,875.D0 #2-29 Pavement Repair (Concrete T-Patch) 130 SY $ 145.00 $ 18,850.00 $ 135.00 $ 17,550.00 $ 185.00 $ 24,050.00 #2-30 4" Thick Concrete with Class 7 Base (Sidewalk Repair) 22 SY $ 80.00 $ 1,760.00 $ 65.00 $ 1,430.00 $ 135.00 $ 2,970.00 #2-31 Concrete Curb and Gutter 315 LF $ 55.00 $ 17,325.00 $ 45.00 $ 14,175.00 $ 25.00 $ 7,875.00 42-32 Concrete Speed Table Repair 1 LS S 1,000.00 $ 1,000.D0 $ 1,500.00 $ 1,500.00 $ 3,000.00 $ 3,000.00 #2-33 Repair Rock Wall 1 LS $ 5,000.00 $ 51000.00 $ 41000.00 $ 4,000.)0 $ 3,000.00 $ 3,000.00 #2-34 Solid Sod (Bermuda) - Use as directed 200 SY $ 8.00 $ 1,600.00 $ 8.00 $ 1,600". $ 7.00 $ 1,400.00 #2-35 Site Photographs and Video 1 LS $ 1,500.00 $ 11500.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 #2-36 Site Restoration 1 LS $ 5,000.00 $ 51000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 #2-37 Tree Protection Fencing 250 LF $ 10.00 $ 2,500.00 $ 4.00 $ 1,000.00 $ 10.00 $ 2,500.00 #2-38 Erasion Control 1 LS $ 5,000.00 $ 5,000.00 $ 6,000.00 $ 6,000.00 $ 10,000.00 $ 10,000.00 #3-1 #3-2 Mobilization (Shall not exceed 5%of Total Bid) Insurance and Bonding 1 1 LS LS $ 40,500.00 $ $ 24,300.00 $ 40,500.00 24,300.00 $ 27,000.00 $ $ 17,000.00 $ 27,000.00 17,000.00 $ 30,000.00 $ 30,000.00 $ 15,000.00 $ 25,000.00 #3-3 Construction Staking 1 LS $ 4,000.00 $ 4,000.00 $ 3,000.00 $ 3,000.00 $ 2,000.00 $ 2,000.00 #3-4 Act 291, 1993 Trench and Excavation Safety Systems for W/S Install 1 LS S 5,000.00 $ 5,000.00 $ 2,000.00 . 2,000.00 $ 2,500.00 $ 2,500.00 #3-5 Clearing, Grubbing, & Demolition 1 LS $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 $ 2,500.00 S 2,500.00 #3-6 Traffic Control and Maintenance 1 LS $ 20,000.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 $ 4,500.00 $ 4,500.00 #3-7 Rock Excavation 100 CY $ 10.00 . 1,D00.00 $ 200.00 $ 20,000.00 $ 250.00 $ 25,000.00 #3-8 8" PVC, C-900, Class 200 DR-14 Water Main 1887 LF $ 120.00 $ 226,440.00 $ 105.00 $ 198,135.00 $ 85.00 $ 160,395.00 #3-9 6" PVC, C-900, Class 200 DR-14 Water Main 66 LF $ 115.00 $ 7,590.00 $ 85.00 $ 5,610.00 $ 65.00 $ 4,290.00 93-10 4" PVC, C-900, Class 200 DR-14 Water Main 15 LF $ 120.00 $ 1,800.00 $ 65.00 $ -W 975.00 $ 65.00 $ 975.00 #3-11 2" PVC, SDR-13.5 Water Main 33 LF $ 100.00 $ 3,300.00 $ 55.00 $ 1,815.00 $ 30.00 $ 990.00 #3-12 1" Copper, Type K-Soft, Water Service Tubing 650 LF $ 45.00 $ 29,250.00 $ 23.00 $ 14,950.00 $ 60.00 $ 39,000.00 #3-13 8" Butterfly Valve with Box 1 EA $ 4,500.00 $ 4,500.00 $ 3,200.00 $ 3,200.00 $ 3,000.00 $ 3,010,01 #3-14 8" Gate Valve with Box 13 EA $ 2,300.00 $ 29,900.G0 $ 2,800.00 $ 36,400.00 $ 2,000.00 $ 26,D00.D0 #3-15 6" Gate Valve with Box 3 EA 5 1,700.00 $ 5,100.00 $ 2,000.00 $ 6,000.00 $ 1,500.00 $ 4,500.00 #3-16 Three Way Fire Hydrant Assembly with Valve 3 EA $ 6,000.00 $ 18,000.00 $ 5,800.00 $ 17,400.00 $ 5,500.00 $ 16,500.D0 43-17 Remove Existing Fire Hydrant and Return to Owner 1 EA $ 1,000.00 $ 1,000.00 $ 800.00 $ 800.00 $ 500.00 $ 500.00 43-18 16" x 8" Tapping Sleeve and Valve with Box 1 EA $ 5,500.00 $ 5,500.00 $ 8,000.G0 $ 8,000.00 $ 10,000.00 $ 10,000.00 #3-19 6" x 6" Tapping Sleeve and Valve with Box 1 EA $ 3,500.00 $ 31500.D0 $ 5,300.00 $ 5,300.00 $ 4,500.00 $ 4,500.00 #3-20 4" x 4" Tapping Sleeve and Valve with Box 2 EA $ 3,500.00 $ 7,000.00 $ 4,000.00 $ 8,000.00 $ 4,000.00 $ 8,000.00 #3-21 Epoxy Coated Ductile Iron Fittings 8000 LB S 15.00 $ 120,000.00 $ 0.01 $ 80.00 $ 10.00 $ 80,000.00 #3-22 Single Meter Setting, Complete to Existing Service 22 EA $ 1,600.00 $ 35,200.00 $ 1,300.00 $ 28,600.00 $ 1,000.00 $ 22,D00.D0 #3-23 Remove Existing Meter Setting 22 EA $ 150.00 $ 3,300.00 $ 150.00 $ 3,300.00 $ 350.00 $ 7,700.00 #3-24 8" Saddle, 1" Corporation Stop and Tap 22 EA $ 650.00 $ 14,300.00 $ 400.00 $ 8,800.00 $ 500.00 $ 11,000.00 43-25 16" Direct Bury Steel Encasement 88 LF $ 110.00 $ 9,680.00 $ 200.00 $ 17,600.00 $ 150.00 $ 11,200,00 #3-26 12" Direct Bury Steel Encasement 20 LF $ 175.00 $ 3,500.00 $ 175.00 $ 3,500.00 $ 130.00 $ 2,6I S 43-27 Connect to Existing 8" Water Main 1 EA $ 5,000.00 $ 5,000.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 #3-28 Cut and Cap Existing 6" Water Main 4 EA $ 3,500.00 $ 14,000.00 $ 2,000.00 $ 8,000.00 $ 2,000.00 $ 8,000.00 #3-29 Cut and Cap Existing 4" Water Main 2 EA $ 3,500.00 $ 7,000.00 $ 1,700.G0 $ 3,400.00 $ 2,000.00 $ 4,000.00 #3-30 Cut and Cap Existing 1.5" Water Main 1 EA $ 1,500.00 $ 1,500.00 $ 1,200.G0 $ 1,200.00 $ 1,500.00 $ 1,500.00 #3-31 Connect New 2" Main to Existing 1.25" Main 1 is $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 43-32 Abandon (Remove) Existing Water Valve 7 EA $ 1,500.00 $ 10,500.00 $ 300.00 $ ' 2,300.00 $ 1,000.00 $ 7,000.00 #3-33 Asphalt Concrete Hot Mix Patching for Maintanence of Traffic 60 TON $ 375.00 $ 22,500.00 $ 200.00 $ 12,000.00 $ 135.00 $ 8,100.00 #3-34 Pavement Repair (Asphalt T-Patch) 1000 SY $ 200.00 $ 200,000.00 $ 135.00 $ 135,000.00 $ 75.00 $ 75,000.00 #3-35 Gravel Driveway Repair 30 TON $ 60.00 $ 1,800.00 $ 60.00 $ 1,800.00 $ 35.00 $ 1,050.00 #3-36 Concrete Curb and Gutter 187 LF $ 55.00 $ 10,285.00 $ 45.00 $ 8,415.00 $ 25.00 $ 4,675.00 #3-37 4" Thick Concrete with Class 7 Base 19 SY $ 80.00 $ 1,520.00 $ 65.00 $ 1,235.00 $ 120.00 $ 2,280.00 43-38 6" Thick Concrete with Class 7 Base 10 SY $ 100.00 $ 1,000.00 $ 85.00 $ 850.00 $ 125.00 $ 1,250.00 #3-39 Erosion Control 1 LS $ 5,000.00 $ 5,000.00 $ 6,000.00 $ 6,000.00 $ 30,000.00 $ 10,000.00 #3-40 Temporary Fencing 110 LF $ 10.00 $ 1,100.00 $ 10.00 $ 1,300.00 $ 30.00 $ 3,300.00 #3-41 Solid Sod(Bermuda)- Use as directed 400 SY $ 8.00 $ 3,200,00 $ 8.00 $ 3,200.00 $ 7.00 $ 2,800.D0 #3-42 Creek Crossing 1 LS $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 15,000.00 $ 15,000.00 #3-43 Site Restoration 1 is $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 $ 14,785.00 $ 14,785.00 #3-44 Tree Protection Fencing 250 LF $ 10.00 $ 2,500.00 $ 4.00 $ 1,000.00 $ 10.00 $ 2,500.00 #345 Site Photographs and Video 1 LS $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 rs 1,000.00 #4-1 Mobilization (Shall not exceed 5%of Total Bid) r 1 LS $ 53,685.00 $ 53,685.00 $ 45,000.00 $ 45,000.00 $ 30,000.00 $ 30,000.00 #4-2 Insurance and Bonding I LS $ 32,200.00 $ 32,200.00 $ 25,000.00 $ 25,000.00 $ 15,000.00 $ 15,000.00 #4-3 Construction Staking 1 LS $ 8,000.00 $ 8,000.00 $ 10,000.00 $ 10,000.00 $ 2,000.00 $ 2,000.00 #4-4 Act 291, 1993 Trench and Excavation Safety Systems for W/S Install 1 LS $ 5,000.00 $ 5,000.00 $ 4,000.D0 $ 4,000.00 $ 2,500.00 $ 2,1OO I #4-5 Clearing, Grubbing, &Demolition LS $ 7,000.00 $ 7,000.00 $ 25,000.00 $ 25,000.00 $ 2,500.00 $ 2,500.00 #4-6 Traffic Control and Maintenance 1 LS $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 4,500.00 $ 4,500.00 #4-7 Rock Excavation 50 CY $ 10.00 - 500.00 $ 200.00 $ 10,000.00 $ 250.00 $ 12,500.00 #4-8 8" PVC, C-9G0, Class 200 DR-14 Water Main 2195 LF $ 110.00 $ 241,450.00 $ 105.00 $ 230,475.00 $ 125.00 $ 274,375.00 #4-9 6" PVC, C-900, Class 200 DR-14 Water Main 30 LF $ 100.00 $ 3,000.00 $ 85.00 $ 2,550.00 $ 100.00 $ 3,000.00 #4-10 4" PVC, C-900, Class 200 DR-14 Water Main 2139 LF $ 90.00 $ 192,510.00 $ 70.00 $ 149,730.00 $ 95.00 $ 203,205.00 44-11 2" PVC, SDR-13.5 Water Main 60 LF $ 55.00 $ 3,300.00 $ 55.00 $ 3,300.00 $ 30.00 $ 1,800.D0 #4-12 1"Copper, Type K-Soft, Water Service Tubing 1820 LF $ 45.00 $ 81,900.00 $ 23.00 $ 41,860.00 $ 60.00 $ 109,200.00 #4-13 8" Gate Valve with Box 11 EA $ 2,300.00 $ 25,300.00 $ 2,800.00 $ 30,800.00 $ 2,000.00 $ 22,000.00 #4-14 4" Gate Valve with Box 4 EA $ 1,500.00 $ 6,000.00 $ 2,000.00 $ 8,000.00 $ 1,2.0.00 $ 4,800.00 #4-15 2" Ball Valve with Box 1 EA $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 900.00 $ 900.00 #4-16 Three Way Fire Hydrant Assembly with Valve 4 EA $ 6,000.00 $ 24,000.00 $ 5,800.00 $ 23,200.00 $ 5,500.00 $ 22,D00.D0 #4-17 Epoxy Coated Ductile Iron Fittings 4000 LB $ 15.00 $ 60,000.00 $ 0.01 40.00 $ 10.00 $ 40,000.00 #4-18 Single Meter Setting, Complete to Existing Service 5 EA S 1,600.00 $ 8,000.00 $ 1,300.00 $ 6,500.00 $ 1,000.00 $ 5,000.00 #4-19 Single 1" Meter Setting, Complete to Existing Service 1 EA $ 1,800.00 $ 1,800.00 $ 1,800.00 $ 1,800.00 $ 1:400.00 $ 1,400.00 #4-20 Double Meter Setting, Complete to Existing Service 56 EA $ 1,900.00 $ 106,400.00 $ 1,800.00 $ 100,800.00 $ 1,200.00 $ 67,200.00 #4-21 Remove Existing Meter Setting 62 EA $ 150.00 $ 9,300.00 $ 300.00 $ 18,600.00 $ 500.00 $ 31,000.00 #4-22 8" Saddle, 1" Corporation Stop and Tap 19 EA $ 500.00 $ 9,500.00 $ 400.00 $ 7,600.00 $ 500.00 $ 9,500.00 #4-23 4" Saddle, 1" Corporation Stop and Tap 43 EA $ 450.00 $ 19,350.00 $ 375.00 $ 16,125.00 $ 500.00 $ 21,500.00 #4-24 16" Direct Bury Steel Encasement 16 LF $ 190.00 $ 3,040.00 $ 200.00 $ 3,200.00 $ 150.00 $ 2,400.00 #4-25 Cut and Cap Existing 2.25" Water Main 1 EA $ 2,000.00 $ 2,000.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 #4-26 Cut and Cap Existing 1.5" Water Main 1 EA $ 1,500.00 $ 1,500.00 $ 1,200.00 $ 1,200.00 $ 1,500.00 $ 1,500.00 #4-27 Connect New 2" Main to Existing 1.25" Main 1 LS $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 #4-28 Asphalt Concrete Hot Mix Patching for Maintanence of Traffic 75 TON $ 375.00 $ 28,125.00 $ 150.00 $ 11,250.00 $ 135.00 $ 10,125.00 44-29 2" Thick ACHM Overlay 1000 TON $ 200.00 $ 200,000.00 $ 135.00 $ 135,000.00 $ 185.00 $ 185,000.00 #4-30 4" Thick ACHM Trench Repair 820 TON $ 200.00 $ 164,000.00 $ 150.00 $ 123,000.00 $ 185.00 $ 151,700.00 #4-31 Gravel Driveway Repair 15 TON $ 60.00 $ 900.00 $ 60.00 $ 900.00 $ 35.00 $ 525.00 #4-32 Asphalt Driveway Repair 55 SY $ 250.00 $ 13,750.00 $ 50.00 $ 2,750.00 $ 30.00 $ 1,650.00 #4-33 6" Thick Concrete with Class 7 Base 292 SY $ 100.00 $ 29,200.00 $ 85.00 $ 24,820.00 $ 100.00 $ 29,200.00 #4-34 Erosion Control 1 LS $ 30,000.00 $ 10,000.00 $ 7,000.00 $ 7,000.00 $ 5,162.86 $ 5,162.86 #4-35 Solid Sod (Bermuda) - Use as directed 200 SY $ 8.00 $ 1,600.00 $ 8.G0 $ 1,600.00 $ 7.00 $ 1,400.00 94-36 Asphalt Speed Bump Repair 200 LF $ 55.00 $ 11,000.00 $ 30.00 $ 6,000.00 $ 23.00 $ 4,600.00 #4-37 Site Restoration 1 LS $ 15,000.00 $ 15,000.00 $ 25,000.00 $ 25,000.00 $ 5,000.00 $ 5,000.00 #4-38 Tree Protection Fencing 300 LF $ 50.00 $ 3,000.00 $ 4.00 ' 1,200.00 $ 30.00 $ 3,000.00 #4-39 Site Photographs and Video 1 LS $ 1,500.00 $ 1,500.G0 $ 3,000.00 $ 3,000.00 $ 1,000.00 $ 1,000.00 5 #5-1 BID SCHEDULE 5 -PERSIMMON ST. WATERLINE ALT. #1) (23) Mobilization (Shall not exceed 5%of Total Bid) (DEDUCTIVE �� 1 LS $ 11,600.00 $ 11,600.00 $ 7,000.00 $ 7,000.00 $ 7,500.0 $ 7,500.00 #5-2 Insurance and Bonding 1 Ls $ 7,000.00 $ 7,000.00 $ 6,000.00 $ 6,000.00 $ 4,000.0 $ 4,000.00 #5-3 Construction Staking 1 LS $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,000.0 $ 1,000.00 #5-4 Act 291, 1993 Trench and Excavation Safety Systems for W/5 Install 1 LS $ 3,000.00 $ 3,000.00 $ 1,000.00 $ 1,000.00 $ 2,500.0 $ 2,500.00 #5-5 Clearing, Grubbing, & Demolition 1 LS $ 3,000.00 $ 3,000.00 $ 5,000.00 $ 5,000.00 $ 2,500.0 $ 2,500.DO #5-6 Traffic Control and Maintenance 1 LS $ 3,000.00 $ 3,000.00 $ 5,000.00 $ 5,000.00 $ 2,500.0 S 2,500.00 #5-7 Rock Excavation s0 Cy $ 10.00 $ 500.00 $ 200.00 $ 10,000.00 $ 250 $ 12,500.00 #5-8 12" PVC, C-900, Class 200 DR-14 Water Main 814 LF $ 120.00 $ 97,680.00 $ 130.00 $ 105,820.00 $ 90 $ 73,260.00 #5-9 8" PVC, C-900, Class 200 DR-14 Water Main 15 LF $ 120.00 $ 1,800.00 $ 85.00 $ 1,275.00 $ 85 $ 1,275.00 #5-10 12" Butterfly Valve with Box 3 EA $ 6,500.00 $ 19,500.00 $ 4,500.00 $ 13,500.00 $ 3,500.0 $ 20,500.00 #5-11 8" Gate Valve with Box 1 EA $ 2,300.00 $ 2,300.00 $ 2,800.00 $ 2,800.00 $ 2,000.0 $ 2,000.00 45-12 36" L301 Prestressed Concrete Cylinder Pipe Tap and Valve 1 EA $ 40,000.00 $ 40,000.00 $ 18,000.00 18,000.00 $ 25,000.0 $ 25,000.00 #5-13 Epoxy Coated Ductile Iron Fittings 1810 LB $ 15.00 $ 27,150.00 $ 0.01 18.10 $ 10 $ 18,100.00 #5-14 Remove Bend & Connect New 8" Main to Existing 8" Main 1 EA $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 2,500.0 $ 21500.DO #5-15 Solid Sod 1300 Sy $ 8.00 $ 10,400.00 $ 8.00 $ 10,400.00 $ 7 $ 9,100.00 #5-16 Asphalt Concrete Hot Mix Patching for Maintanence of Traffic 9 TON $ 375.00 $ 3,375.00 $ 150.00 $ 1,350.00 $ 135 $ 1,215.00 #5-17 Pavement Repair (Asphalt T-Patch) 55 Sy $ 200.00 $ 11,000.00 $ 135.00 $ 7,425.00 $75 $ 4,125.00 #5-18 6" Concrete w/ Class 7 Base (Trail Repair) 12 Sy $ 145.00 $ 1,740.00 $ 85.00 $ 1,020.00 $ 100 $ 1,200.00 45-19 Gravel Driveway Repair 10 Sy $ 60.00 $ 600.00 $ 25.00 $ 250.00 $ 35 $ 350.00 45-20 Concrete Curb and Gutter 45 LF $ 60.00 $ 2,700.00 $ 45.00 $ 2,025.00 $ 25 $ 1,125.00 #5-21 Cast -in -Place Detectable Warning 32 SF $ 100.00 $ 3,200.00 $ 3S.00 $ 1,120.00 $ 80 $ 2,560.00 #5-22 Site Photographs and Video 1 LS $ 1,500.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 $ 1,000.0 S 1,000.00 #5-23 jEroslon Control 1 1 LS $ 3,000.00 $ 3,000.00 $ 2,000.00 $ 2,000.0011 $ 4,477.14 $ 4,477.14 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. [ITV OF FAYETTEVILLE ARKANS ARKAN5A5 Bid 21-54, Construction - 2021 Waterline Improvement Project Project Overview Project Details Project Name Bid 21-54, Construction — 2021 Waterline Improvements Project Project Owner Andrea Foren Project Type I ITB Department Purchasing Certification of Funds $4,200,000.00 25%Allowance $1,050,000.00 Total Allowance $5,250,000.00 The City of Fayetteville, AR is accepting sealed bids from properly licensed professionals for the 2021 Waterline Improvement Project. The project includes, but not limited to, the construction of approximately 1,890 linear feet of 8" waterline along Huntsville Rd. from Mill Ave. to Mashburn Ave., 1,250 linear feet of 8" waterline along Ila St. from Wilson Ave. to Lincoln Ave. and 690 feet of 8" Project Description waterline along Shady Ave. from Maple St. to Louise St., 1,950 linear feet of 8" waterline along oaks Manor Dr. from Rolling Hills Dr. to Sheryl Ave., 820 linear feet of 12" waterline along Persimmon St. from Betty Jo Dr. to Shiloh Dr., and 3,345 linear feet of 8" waterline and 890 linear feet of 4" waterline within the Western Park trailer park including off -site connections to the east. All questions during the bidding process shall be addressed to Andrea Foren, City Purchasing Manager. Open Date May 16, 2021 12:00 AM CDT Close Date I Jun 15, 2021 2:00 PM CDT CITY OF FAY E4ILLE ARKANSRKANSAS Highest Scoring Supplier Score Kajacs Contractors Inc. 100 pts Seal status Requested Information Unsealed on Unsealed by Required City Forms Jun 15, 2021 2:01 PM CDT Amanda Beilfuss Bid Bond Jun 15, 2021 2:01 PM CDT Amanda Beilfuss Arkansas Contractor's License Jun 15, 2021 2:01 PM CDT Amanda Beilfuss Arkansas Secretary of State Jun 15, 2021 2:01 PM CDT Amanda Beilfuss Filing # Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or Jun 15, 2021 2:01 PM CDT Amanda Beilfuss while in contract, with any public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Bid 21-54, Bid Form (BT-49CN) Jun 15, 2021 2:01 PM CDT Amanda Beilfuss CITY OF FAY E4ILLE ARKANSRKANSAS Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Amanda Beilfuss Jun 15, 2021 2:01 PM CDT No [ITV OF FAYETTEVILLE ARKANS ARKAN5A5 Public Notices Addendum 1 issued to Bid 21-54, Construction — 2021 Waterline Improvements Andrea Foren, Jun 08, 2021 12:23 PM CDT - Project Public Files changed Addendum 1 has been issued to Bid 21-54, Construction — 2021 Waterline Improvements and is available in the public files as "Bid 21-54, File 03 - Addendum 1" Please direct all questions to Andrea Foren at aforen@fayetteville-ar.gov. CITY OF FAYETTEVILLE ARKANSAS Submissions Supplier Date Submitted Goodwin & Goodwin, Inc. I Jun 15, 2021 7:52 AM CDT Goins Enterprises, Inc. I Jun 15, 2021 1:47 PM CDT Name Email Confirmation Code David Garcia docryde@yahoo.com MTQ3MDgx Jerry Goins contact@goinsent.com MTQ3MjUx Kajacs Contractors Inc. Jun 15, 2021 CDT 10:12 AM Michael Titsworth mtitsworth@kajacs.com MTQ3MTQ2 CITY OF �R FAYETTEVILLE ARKANSAS Project Criteria Criteria Points I Description Total Base Bid Price 100 pts I Total Base Bid Price Within Certified Funds Pass/Fail I Within Certified Funds Total 100 pts ��FAYETTEVILLE ARKAKSAS Scoring Summary Active Submissions Total Total Base Bid Price Within Certified Funds Supplier 1100 pts / 100 pts Pass/Fail Kajacs Contractors Inc. 100 pts 100 pts ($3,479,500.00) Pass Goodwin & Goodwin, Inc. 1 98.94 pts 98.94 pts ($3,516,690.47) 1 Pass Goins Enterprises, Inc. 75.89 pts 75.89 pts ($4,584,685.00) Pass CITY OF FAY E4ILLE ARKANSRKANSAS Signatures Name Andrea Foren (Project Owner) Amanda Beilfuss (Evaluator) Andrea Foren (Evaluator) Signatures Andrea Digitally signed by Andrea Foren Date: 2021.06.22 Foren 15:38:53-05'00' Digitally signed by Amanda Amanda Beilfuss Beilfuss Date: 2021.06.16 12:29:15-05'00' Andrea Foren Digitally signed by Andrea Foren Date: 2021.06.22 15:39:17-05'00' DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name. Title: 2021 Waterline Improvement Project Contract No.: 21-54, Construction THIS AGREEMENT is dated as of the day of in the year 2021 by and between The City of Fayetteville, Arkansas and KAJACS Contractors, Inc. (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The construction of approximately 1,890 linear feet of 8" waterline along Huntsville Rd. from Mill Ave. to Mashburn Ave., 1,250 linear feet of 8" waterline along Ila St. from Wilson Ave. to Lincoln Ave. and 690 feet of 8" waterline along Shady Ave. from Maple St. to Louise St., 1,950 linear feet of 8" waterline along Oaks Manor Dr. from Rolling Hills Dr. to Sheryl Ave., 820 linear feet of 12" waterline along Persimmon St. from Betty Jo Dr. to Shiloh Dr., and 3,345 linear feet of 8" waterline and 890 linear feet of 4" waterline within the Western Park trailer park including off -site connections to the east. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Open burning is not allowed on City projects. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities. 00500 Agreement 00500- 1 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 335 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 365 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 1. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT (continued) 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 9500 of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100g0 of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT (continued) 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT (continued) explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT (continued) only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: 2021 Waterline Improvement Project 8. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. 00500 Agreement 00500-7 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 00500 Agreement 00500-8 DOCUMENT 00500 — AGREEMENT (continued) 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on Date of the Agreement. CONTRACTOR: 00500 Agreement 00500-9 20 , which is the Effective CITY OF FAYETTEVILLE DOCUMENT 00500 — AGREEMENT (continued) By: Wj j4.c/ -A By: Lioneld Jordan (Type or legibly print) i (Signature) (Signature) Title: O ! e? C l Title: Mayor Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) Attest — Attest 00500 Agreement 00500- 10 (SEAL) DOCUMENT 00500 — AGREEMENT (continued) Address for giving notices Address for giving notices /'d"/,0 a j �4'1 ,G le �, S k, It A0 113 W. Mountain St. 4-6777t Koele-. -411� 7M Fayetteville, AR 72701 License No. DD yff 5-P.?2/ Agent for Service of process (Type or legibly print) Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500 Agreement 00500- 11 PO Box 969 Poplar Bluff, MO 63902 November 2, 2018 Letter of Resolution 1, Aron Persons, President of Manager/Estimator the aytK Aron Persons, President MyLynn Gargac, Corporate Secretary Equal Opportunity Employer 573-785-1745 (Fax) 573-785-6237 www kajacs.com jontractors, Inc. do hereby give Michael Titsworth, project sign contracts on behalf of KAJACS Contractors, Inc. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0538 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.6 JCI INDUSTRIES, INC.: A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $21,590.50 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JCI INDUSTRIES, INC. FOR THE REPAIR OF AN AERATOR AT THE NOLAND WATER RESOURCE RECOVERY FACILITY WHEREAS, on March 31 st, Aerator No. 11 was found to be mechanically unsound and was shipped to JCI Industries to disassemble, inspect, and provide a quote for repair of the pump; and WHEREAS, pursuant to Ark. Code Ann. §19-11-203(14)(DD), formal competitive bidding is not necessary for the repair of "hidden or unknown damages to machinery already purchased." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that because of Ark. Code Ann. § 19-11-203(14)(DD), repair of "hidden or unknown damages," the repair of the pump does not require formal competitive bidding and, therefore, accepts the quote in the amount of $21,590.50 (plus any applicable taxes and freight charges) from JCI Industries, Inc. for the repair of an aerator used at the Noland Water Resource Recovery Facility. City of Fayetteville, Arkansas Page 1 Printed on 712212021 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-0538 Legistar File ID 8/3/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/14/2021 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends accepting a quote from JCI Industries, Inc. in the amount of $21,590.50 plus applicable taxes and freight charges for the repair of an aerator at the Noland Water Resource Recovery Facility. Budget Impact: 5400.730.5800-5414.00 Water and Sewer Account Number Fund 02069.1 Plant Pumps and Equipment - WWTP Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,317,743.00 $ 486,836.67 $ 830,906.33 $ 23,749.55 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Freight is included in the quoted price. Taxes are estimated at $2,159.05 for a total estimated cost of $23,749.55. CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 3, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: July 13, 2021 CITY COUNCIL MEMO SUBJECT: JCI Industries, Inc. — Aerator Repair for Noland WRRF RECOMMENDATION: Staff recommends accepting a quote from JCI Industries, Inc. in the amount of $21,590.50 plus applicable taxes and freight charges for the repair of an aerator at the Noland Water Resource Recovery Facility. BACKGROUND: The Noland Water Resource Recovery Facility utilizes 16 mechanical aerators to provide oxygen to the biological treatment process in the aeration basin. On March 31st, Aerator No. 11 was found to be mechanically unsound and the below surface aerator paddle had broken. The aerator was removed and sent to JCI Industries for a hidden damages inspection. DISCUSSION: The City has received a quote from JCI Industries in the amount of $21,590.50 to make repairs to Aerator No. 11. JCI's proposal includes new bearings, seals and the remanufacture of the mixer shaft. JCI industries will also reassemble and test the unit. Freight is included in the quoted price. Taxes are estimated at $2,159.05 for a total estimated cost of $23,749.55. Because it was necessary to have the repair facility disassemble the units to determine the extent of hidden and unknown damage to equipment already purchased, a bid waiver and/or formal sealed bidding is not necessary according to Ark. Code Ann. §19-11-203(14)(DD). BUDGET/STAFF IMPACT: Funds are available in the Plant Pumps and Equipment — WWTP account within the Water and Sewer Fund. Attachments: Quote from JCI Industries Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ci Jacobs - Fayetteville 1400 North Fox Hunter Road Fayetteville, AR 72701 Phone: 620-255-4200 Fax: 479-443-5613 Attention: Joshua Alleman Subject: Lightnin LAT-160 Gearbox Repair Quotation #: 0768330631TW-REV001 Please refer to this number when ordering Joshua Alleman: JCI Industries, Inc. 2301 W. 20th Street Joplin, MO 64804 Tel: 417-623-4544 Monday, June 28, 2021 We are pleased to respond to your request for quotation with the following items. Please reference our quotation number on all related correspondence. If you have any questions or need additional information please give Jason Rector or myself a call. Best regards, Tristan Watson Inside Sales JCI Industries, Inc. Jason Rector Sales Engineer JCI Industries, Inc. 1 JCI Industries, Inc. 2301 W. 20th Street Joplin, MO 64804 Tel: 417 623 4544 Monday, June 28, 2021 Quote #: 0768330631TW-REV001 1.00 Repair of Lightnin LAT160 Gearbox and Shaft 1 $21,590.50 The following work will be completed: • Pick up at your facility • Disassemble, inspect, and check tolerances • Install new lip seals • Install new bearings • Install new split adapter sleeve • Install 20 gallons of Summit SH7220 oil • Install new nut & lockwasher set • Repair mixer shaft - Sandblasted and disassembled marking location of blades for assembly - Manufacture new lower shaft from 1045 shafting material - Drill and counter bore the upper shaft to press fit new lower shaft - Press fit the shafts together - Weld stitch at joint - Set up and correct TIR of assembly - Assemble blades to shaft with new hardware - Static balance complete assembly - Coat assembly with black Pota-Pox • Assemble, test and paint • Deliver 4 Weeks Estimated Delivery Terms & Conditions Lead Time 4 Weeks After Payment Terms Net 30 Receiving Order Shipping Method Best Way Shipping Terms Prepaid and Added to Invoice F.O.B. Warehouse Due to current market conditions, please confirm pricing at point of order. 1 JCI Industries, Inc. 2301 W. 20th Street Joplin, MO 64804 Tel: 417-623-4544 STANDARD TERMS OF SALE 1. Applicable Terms. These terms govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment"), referred to in Seller's purchase order, quotation, proposal, or acknowledgment, as the case may be ("Seller's Documentation"). Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional or different terms in any of Buyer's forms or documents. 2. Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation provides otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment shall be paid by Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller. Pricing will be reviewed upon the announcement of any tariffs pertaining to the importation or exportation of key components, or products in their entirety. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 Y2% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's reasonable costs (including attorneys' fees) of collecting amounts due but unpaid. 3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation. 4. Ownership of Materials. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants Buyer a non-exclusive, non -transferable license to use any such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such material to third parties without Sellers prior written consent. 5. Changes. Seller shall not implement any changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price, schedule, or other contractual modifications. This includes any changes necessitated by a change in applicable law occurring after the effective date of any contract including these terms. 6. Warran Subject to the following sentence, Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby assigns to Buyer, to the extent assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Buyer under warranty, tort or any other legal theory. If Buyer gives Seller prompt written notice of breach of this warranty within 18 months from delivery or 1 year from acceptance, whichever occurs first (the "Warranty Period"), Seller shall, at its sole option and as Buyers sole remedy, repair or replace the subject parts or refund the purchase price therefor. If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Seller's warranty is conditioned on Buyer's (a) operating and maintaining the Equipment in accordance with Seller's instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Seller. Seller's warranty does not cover damage caused by chemical action or abrasive material, misuse, or improper installation (unless installed by Seller). THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 7. Indemnity. Seller shall indemnify, defend, and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third - parry claims for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Sellers indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim. 8. Force Majeure. Neither Seller nor Buyer shall have any liability for any breach (except for breach of payment obligations) caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal sources of supply, act of government or any other cause beyond such parry's reasonable control. Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from the COVID-19 pandemic or any future epidemic, and Buyer shall not be entitled to any damages resulting thereof. 9. Cancellation. If Buyer cancels or suspends its order for any reason other than Seller's breach, Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension. 10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANYTIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. 11. Miscellaneous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are required by law to be included. These terms, together with any quotation, purchase order or acknowledgement issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms contained in Buyers documents, unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Seller's prior written consent. The Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. 12. Credit Approval: If at any time information available on Purchaser's financial condition or credit history, in JCI's judgment, does not justify the terms of payment specified herein, JCI may require full or partial payment in advance, or an acceptable for of payment guarantee such as a bank letter of credit, or other modifications to terms of payment. 13. Back Charges: JCI shall not be liable for any charges incurred by Purchaser for work, repairs, replacements, or alterations to the Products, without JCI's prior written authorization, and any adverse consequences resulting from such unauthorized work shall be Purchasers full responsibility. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0537 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.7 BID #21-56 MAGUIRE IRON, INC.: File Type: Resolution A RESOLUTION TO AWARD BID #21-56 AND AUTHORIZE A CONTRACT WITH MAGUIRE IRON, INC. IN THE AMOUNT OF $153,000.00 FOR THE PAINTING AND REHABILITATION OF THE ROUND MOUNTAIN WATER STANDPIPE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,300.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #21-56 and approves a contract with Maguire Iron, Inc. in the amount of $153,000.00 for the painting and rehabilitation of the Round Mountain water standpipe, and further approves a project contingency in the amount of $15,300.00. City of Fayetteville, Arkansas Page 1 Printed on 712212021 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-0537 Legistar File ID 8/3/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/15/2021 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #21-56 and approving a construction contract with Maguire Iron, Inc. in the amount of $153,000.00 for painting and rehabilitation of the Round Mountain 100,000-gallon water standpipe, and approving a contingency in the amount of $15,300.00. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 12009.1 Water System Rehabilitation Project Number Project Title Budgeted Item? Yes Current Budget $ 7,485,004.00 Funds Obligated $ 5,444,356.82 Current Balance $ 2,040,647.18 Does item have a cost? Yes Item Cost $ 168,300.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 1,872,347.18 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 3, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: July 15, 2021 CITY COUNCIL MEMO SUBJECT: Bid #21-56, Maguire Iron, Inc. — Construction Contract for Round Mountain Standpipe Rehabilitation RECOMMENDATION: Staff recommends awarding Bid #21-56 and approving a construction contract with Maguire Iron, Inc. in the amount of $153,000.00 for painting and rehabilitation of the Round Mountain 100,000-gallon water standpipe, and approving a contingency in the amount of $15,300.00. BACKGROUND: On June 24th, 2021 the City of Fayetteville accepted sealed competitive bids for the Round Mountain Standpipe Rehabilitation project. Maguire Iron, Inc. submitted the lowest bid. All bids are shown here: Classic Protective Coatings, Inc. $263,950.00 Leher Painting Enterprises, Inc. $223,777.00 Maguire Iron, Inc. $153,000.00 Utility Service Co., Inc. $248,300.00 Viking Painting $187,500.00 DISCUSSION: This project will remove and replace the interior and exterior coatings on the 100,000-gallon Round Mountain standpipe as recommended by recent tank inspections performed by Garver Engineers. While the coating system is removed, upgrades to safety climbing systems will be made to align with modern standards. Tank mixing will be added to improve circulation by the use of an active mixer placed inside the tank. BUDGET/STAFF IMPACT: Funds are available for this project in the Water System Rehabilitation account. Attachments: Project Vicinity Map Certified Bid Tab, Bid #21-56 Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Round Mountain Standpipe Rehab Vicinity Map NTS mall Rd d F— PROJECT LOCATION T PROJECT ION. r e - - -- - - - - -- - - - Lake Park hod i E k CIT'i OF 'A`PETTEVILLE ARRANSAB BID TABULATION Bid 21-56, Construction - Round Mountain Standpipe Rehab Deadline: Thursday, June 24, 1021 at 2:00 PM Certification of Funds: $250,000.00 Total Allowed: $312,500.00 11 Classic Protective Coatings, Inc. Letter Painting Enterprises, Inc. 11 Maguire Iron, Inc. Utility service Co., in'. Viking painting Total cost 11 $ 263,950.00 $ 223,777.00 11 $ 153,000.00 11 $ 248,300.00 $ 187,500.00 # Items Quantity Required UnitofUnit eas Mure Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost unit Price Total Cost #1-1 Bonds a nd Insurance 1 LS $ 3,800.00 $ 3,800.00 $ 5,000.00 $ 5,00000 $ 1,000.00 $ 1,000.00 $ 2,400,00 $ 2,400.00 $ 2,000.00 $ 2,000.00 #1-2 Trench Excavation &Safety 1 l3 $ 3,000.00 1 3,000.00 $ 1.00 $ _ 1.00 $ 500.00 $ 500.00 $ 4,800.00 $ 4,800.00 $ 500.00 $ 500.00 #1-3 Mobilization and Demobilization (Shall Not Enceed 5%of Bid) 1 LS $ 30,o00.00 1 11,000.00 $ 10,000.01 $ 30,00000 $ 3,111.11 $ 3,000.00 $ 11,000.00 $ 11,00000 $ 8,000.00 $ 8,000.W #1-4 Site Work 1 Ls $ 4,000.on $ 1000.00 $ 5,o00.00 $ 5,000..0 $ 500.00 $ 500.00 $ 14,Boo.00 $ 14,600.00 $ 2,000.00 $ 2,000.00 #1-5 Interior Cleaning, Surface Preparation and Painting 1 LS $ 77,100.00 $ 77,100.00 $ 45,DD0.00 $ 45,00000 $ 44,000.00 $ ",".Do $ 40,600.00 $ 40,60000 $ 47,50D.00 $ 47,500.00 al-6 —Hor Cleaning, Surface Preparation and Painting 1 LS $ 93,550.00 $ 93,550.00 $ 4D,DW.OD $ 40,000.00 $ 31,500.00 $ 31,500.00 $ 65,500.0D $ 65,500.00 $ 35,700.00 $ 35,700.00 41-7 Foundation Grouting antl Repair 1 is $ 2,000.00 $ 2,000.00 $ 3,500.00 $ 3,500.00 $ 5,000.00 $ 5,000.00 $ 1,800.00 $ 1,800.00 $ 2,500.00 $ 2,500.00 #1-8 New Handrail 1 LS $ 14,000.00 $ 14,000.00 $ 25,000.00 $ 25,00000 $ 15,000.00 $ 15,000.00 $ 11,]00.00 $ 11,]00.00 $ 18,500.00 $ 18,500.00 #1-9 Interior Ladder Safety Climb 1 IS $ 4,000.00 $ 4,000,00 $ 4,000.00 $ 4,00000 $ 2,500.00 $ 2,500.00 $ I,70B.00 $ 1,700.00 $ 2,800.00 $ 2,800.00 #1-10 Disinfection and Returning Tank to Service 1 LS $ 2,000.00 $ 2,000,00 $ 1,776.00 $ 1,77600 $ 1,000.00 $ 1,200.no $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 p1-11 Remove Liquid Level Indicator 1 l5 $ 2,300.00 $ 2,300.00 $ 1,000.01 $ 1,000.00 $ 1,500.00 $ 1,500.00 $ 1,700.00 $ 1,700.00 $ 1,500.00 $ 1,500.00 #1-12 New Pipe Bollards to Protect Propane Tank 1 lS $ 1,600.00 $ 1,600.00 $ 2,000.00 $ 2,000.00 $ 1,000.00 $ I,000.OD $ 3,600.00 $ 3,600.00 $ 1,500.00 $ 1,500.00 #1-13 Vent Replacement 1 LS $ 7,000.00 $ 7,000,00 $ 6'500.00 $ 6,50000 $ 6,500.00 $ 6,500.00 $ 4,800.0. $ 4,800.00 $ 9,500.00 $ 9,500.00 #1-14 GndBee GS-9 Tank Mixer(Including SCADA modifications) 1 LS $ 25,000.00 $ 25,000.00 $ 55,000.00 $ $ 25,000.00 $ 25,000.00 $ ]2,500.00 $ 72,50000 5 30,000.00 $ 30,000.00 #1-15 Overflow Entension with New Screen and Flap Valve 1 lS $ 9,800.00 $ 9,800.00 $ 15,000.00 15,00000 $ 15,00000 $ 12,000.00 $ 12,000.00 $ 7,000.00 $ ],000.00 $ 19,500.00 $ 19,500.00 #1-16 Replace Fill/Drain Floor Penetration 1 LS $ 4,800.00 $ 4,800.00 $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $ 3,600.00 $ 3,600.00 $ 4,500.00 $ 4,SOO.op 'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. [ITV OF FAYETTEVILLE ARKANS ARKAN5A5 Bid 21-56, Construction — Round Mountain Standpipe Rehab Project Overview Project Details Project Name Bid 21-56, Construction — Round Mountain Standpipe Rehab Project Owner Amanda Beilfuss Project Type ITB Department Purchasing Certification of Funds $250,000.00 25% Allowance $62,500.00 Total Allowance $312,500.00 The City of Fayetteville invites qualified vendors to bid on the rehabilitation and improvement of the Round Mountain Standpipe. Contract includes, but is not limited to, the rehabilitation & recoating of the Project Description one -hundred thousand (100,000) gallon water tank located at 14360 Round Mountain Road, Fayetteville, AR 72701. The Contract also includes interior tank mixing and minor site work. All questions during the bidding process shall be addressed to Andrea Foren, City Purchasing Manager. Open Date May 30, 2021 12:00 AM CDT Close Date Jun 24, 2021 2:00 PM CDT CITY OF FAY E4ILLE ARKANSRKANSAS Highest Scoring Supplier Score Maguire Iron, Inc. 100 pts Seal status Requested Information Unsealed on Unsealed by Required City Forms Jun 24, 2021 2:02 PM CDT Amanda Beilfuss Bid Bond Jun 24, 2021 2:02 PM CDT Amanda Beilfuss Arkansas Contractor's License Jun 24, 2021 2:02 PM CDT Amanda Beilfuss Arkansas Secretary of State Jun 24, 2021 2:02 PM CDT Amanda Beilfuss Filing # Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or Jun 24, 2021 2:02 PM CDT Amanda Beilfuss while in contract, with any public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Bid 21-56, Bid Form (BT-17DR) Jun 24, 2021 2:02 PM CDT Amanda Beilfuss CITY OF FAY E4ILLE ARKANSRKANSAS Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Amanda Beilfuss Jun 24, 2021 2:03 PM CDT No [ITV OF FAYETTEVILLE ARKANS ARKAN5A5 Questions and Answers No messages [ITV OF FAYETTEVILLE ARKANS ARKAN5A5 Public Notices Addendum 1 issued to Bid 21-56, Construction - Round Mountain Standpipe Rehab Andrea Foren, Jun 10, 2021 11:20 AM CDT Addendum 1 has been issued to Bid 21-56, Construction - Round Mountain Standpipe Rehab and is available in the public files as "Bid 21-56, File 03 - Addendum 1 ". Please direct all questions to Andrea Foren at aforen@fayetteville-ar.gov. - Project Public Files changed Addendum 2 issued to Bid 21-56, Construction - Round Mountain Standpipe Rehab Andrea Foren, Jun 21, 2021 10:56 AM CDT Addendum 2 has been issued to Bid 21-56, Construction - Round Mountain Standpipe Rehab and is available in the public files as "Bid 21-56, File 04 - Addendum 2". Please direct all questions to Andrea Foren at aforen@fayetteville-ar.gov. To access this addendum visit http://fayetteville- ar.gov/bids. - Project Public Files changed CITY OF FAYETTEVILLE ARKANSAS Submissions Supplier Date Submitted Name Classic Protective Jun 23, 2021 3:29 PM Ray Witke Coatings, Inc. CDT Utility Service Co., Inc. Jun 24, 2021 10:54 AM Cristyl Smith CDT Leher Painting Jun 22, 2021 4:04 PM Jason Leher Enterprises, Inc. CDT Viking Painting Jun 23, 20211:31 PM Carter Spoelstra CDT Maguire Iron, Inc. Jun 24, 2021 11:07 AM Shannan Ellefson CDT Email Confirmation Code bdittman@classicprotectivecoatings.com I MTQ4ODQy shd-utdw-biddepartment@suez.com MTQ4OTQ1 TANKMASTERJ@aol.com MTQ4Njgx bids@viptanks.com MTQ4Nzkw ellefsons@maguireiron.com MTQ4OTQ4 CITY OF �R FAYETTEVILLE ARKANSAS Project Criteria Criteria Points I Description Total Bid Price 100 pts I Total Bid Price Within Certified Funds Pass/Fail I Total base bid must be within 125% of certified funds. Total 100 pts ��FAYETTEVILLE ARKAKSAS Scoring Summary Active Submissions Total 1100 pts 100 pts Total Bid Price / 100 pts 100 pts ($153,000.00) Within Certified Funds Pass/Fail Pass Supplier Maguire Iron, Inc. Viking Painting 81.6 pts 81.6 pts ($187,500.00) Pass Leher Painting Enterprises, Inc. 68.37 pts 68.37 pts ($223,777.00) Pass Utility Service Co., inc. 61.62 pts 61.62 pts ($248,300.00) Pass Classic Protective Coatings, Inc. 57.97 pts 57.97 pts ($263,950.00) Pass �4ARKANS ES FAYET Proposal Score Comments Classic Protective Coatings, Inc. - Scoring Comments Total Bid Price - Reviewer Scores Reviewer Score Reason Amanda Beilfuss 57.97 pts ($263,950.00) Within Certified Funds - Reviewer Scores Reviewer Score Reason Amanda Beilfuss Pass Meets the requirement(s) Comments Within total allowed amount. Comments Within total allowed amount. CITY OF �S FAYETTEVILLE ARKANSAS Utility Service Co., inc. - Scoring Comments Total Bid Price - Reviewer Scores Reviewer Score Amanda Beilfuss 61.62 pts ($248,300.00) Within Certified Funds - Reviewer Scores Reviewer Amanda Beilfuss Score Pass Reason Comments Within total allowed amount. Reason Comments Meets the requirement(s) I Within total allowed amount. CITY OF �R FAYETTEVILLE ARKANSAS Leher Painting Enterprises, Inc. - Scoring Comments Total Bid Price - Reviewer Scores Reviewer Score Amanda Beilfuss 68.37 pts ($223,777.00) Within Certified Funds - Reviewer Scores Reviewer Amanda Beilfuss Score Pass Reason Comments Within certified amount. Reason Comments Meets the requirement(s) I Within certified amount. ._ FAYETTEVILLE ARKANSAS Viking Painting - Scoring Comments Total Bid Price - Reviewer Scores Reviewer Score Amanda Beilfuss 81.6 pts ($187,500.00) Within Certified Funds - Reviewer Scores Reviewer Amanda Beilfuss Score Pass Reason Comments Within certified amount. Reason Comments Meets the requirement(s) I Within certified amount. ��FAYETTEVILLE ARKANSAS Maguire Iron, Inc. - Scoring Comments Total Bid Price - Reviewer Scores Reviewer Score Amanda Beilfuss 100 pts ($153,000.00) Within Certified Funds - Reviewer Scores Reviewer Amanda Beilfuss Score Pass Reason Comments Lowest Base Bid Reason Comments Meets the requirement(s) I Within certified amount. CITY OF FAY E4ILLE ARKANSRKANSAS Signatures Name Amanda Beilfuss (Project Owner) Amanda Beilfuss (Evaluator) Andrea Foren (Evaluator) Signatures Amanda Beilfuss Digitally signed by Amanda Beilfuss Date: 2021.06.29 10:58:14-05'00' Digitally signed by Amanda Amanda Beilfuss Beilfuss Date: 2021.06.29 10:58:24-05'00' Andrea Dig ita I ly sig ned by Andrea Foren Date: 2021.07.14 Foren 17:17:43-05'00' DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: FAYETTEVILLE ROUND MOUNTAIN Bid 21-56 STANDPIPE REHABILITATION THIS AGREEMENT is dated as of the � day of ` in the year 2021 by and between The City of Fayetteville, Arkansas and _Maguire Iron, Inc._ (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. Refer to SECTION 00400 BID FORM for quantities. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by Garver, LLC. Garver, LLC assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Utility and/or Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE A. All time limits for milestones, if any, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR COMPLETION AND FINAL PAYMENT: 3.03 The Work will be completed and ready for final payment within 60 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. 3.04 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. 00500 Agreement.docx 00500-1 19WO1270 DOCUMENT 00500 — AGREEMENT (continued) Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified in Paragraph 3.02 for completion and readiness for final payment until the Work achieves final completion. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (SECTION 00400 - BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during 00500 Agreement.docx 00500-2 19WO1270 DOCUMENT 00500 — AGREEMENT (continued) construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 00500 Agreement.docx 00500-3 19WO1270 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of 00500 Agreement.docx 00500-4 19WO1270 DOCUMENT 00500 — AGREEMENT (continued) the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the 00500 Agreement.doex 00500-5 19WO1270 DOCUMENT 00500 — AGREEMENT (continued) following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary_ Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: City of Fayetteville Fayetteville, AR Round Mountain Standpipe Rehabilitation 8. Addenda number 2 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 00500 Agreement.docx 00500-6 19WO1270 DOCUMENT 00500 — AGREEMENT (continued) 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt 00500 Agreement.docx 00500-7 19WO1270 DOCUMENT 00500 — AGREEMENT (continued) 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. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. 00500 Agreement.docx 00500-8 19WO1270 DOCUMENT 00500 — AGREEMENT (continued) 1 � This Agreement will be effective on v l N ; 20 2(, which is the Effective Date of the Agreement. CONTRACTOR Vi rp, -:� CITY OF FAYETTEVILLE Title: C o Attest LIONELD JORDAN, MAYOR (SEAL) SONDRA SMITH, CITY CLERK (ATTEST) 00500 Agreement.docx 00500-9 19WO1270 DOCUMENT 00500 — AGREEMENT (continued) Addressforgiving notices Address for- giving notices 113 W. Mountain St. StOUx �a�`S CJ� rj�il(j� Fayetteville, AR 72701 License No. ()�& 1.w(�SVL (attach evidence of authority to Agent for Service of process NIA (If Contractor is a corporation, attach evidence of authority to sign.) sign and resolution or other documents authorizing execution of Agreement) Approved As to Form: By: Attorney For: END OF DOCUMENT 00500 00500 Agreement.docx 00500- 10 19WO1270 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0540 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.8 RFQ #21-01 SELECTION #14 OLSSON, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #21-01 SELECTION #14, IN AN AMOUNT NOT TO EXCEED $107,000.00 FOR DESIGN AND OTHER SERVICES RELATED TO THE REHABILITATION OF THE MARKHAM HILL WATER STORAGE TANK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional engineering services agreement with Olsson, Inc., pursuant to RFQ #21-01 Selection #14, in the amount not to exceed $107,000.00 for design, bidding, construction administration, and construction observation services related to the rehabilitation of the Markham Hill Water Storage Tank. City of Fayetteville, Arkansas Page 1 Printed on 712212021 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-0540 Legistar File ID 8/3/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/16/2021 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an Engineering Services Agreement with Olsson, Inc. in an amount not to exceed $107,000.00 for design of removal and replacing coating systems and updating safety systems at the Markham water storage tank. Budget Impact: 5400.720.5600-5314.00 Water and Sewer Account Number Fund 14010.1 Water Tank Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 1,255,478.00 Funds Obligated $ 467.86 Current Balance $ 1,255,010.14 Does item have a cost? Yes Item Cost $ 107,000.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 1,148,010.14 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: RFQ 21-01, Selection #14 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 3, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: July 13, 2021 CITY COUNCIL MEMO SUBJECT: RFQ 21-01, Selection #14 — Engineering Services Agreement with Olsson, Inc. for Design of the Markham 1-MG Elevated Storage Tank Rehabilitation RECOMMENDATION: Staff recommends approval of an Engineering Services Agreement with Olsson, Inc. in an amount not to exceed $107,000.00 for design of removal and replacing coating systems and updating safety systems at the Markham water storage tank. BACKGROUND: The Markham 1-MG elevated storage tank is located atop Markham hill and provides water to the City's primary pressure plane. The tank is in need of removal and replacement of the painted coating systems due to normal aging. Furthermore, the tank climbing systems are outdated and need to be updated to modern safety standards. This tank does not have a previous inspection on record but will be inspected as a part of the engineering design in this agreement. DISCUSSION: Olsson Inc. has been involved in many past City tank rehabilitation projects, as well as new construction designs. On April 6, 2021 the City of Fayetteville conducted a formal Engineering Selection meeting for this project and selected Olsson, Inc. (RFQ 21-01, Selection #14). The scope of services for this project will include site visits, structural inspections and analyses, developing plans and specifications for coating systems and tank mixing retrofits, bidding services, and on -site inspection services during construction. BUDGET/STAFF IMPACT: Funds are available in the Water Tank Improvements account within the Water & Sewer Fund. Attachments: Vicinity Map Engineering Services Agreement Appendix A — Scope of Services; Fees Appendix B — Billing Rates Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Ilial Cr6 's-S Ch WrP Markham Water Tank Rehabilitation Vicinity Map I NTS x Proiect Location Vt tit it I I walmarf 1 I, 71 a., - 'UFTE,, I Leverett 0, t Do manle P .. nbkk Lf Jr V.. F- R 5 1 7 Y -a-P K A N S A S F Boo vva;ton Anna ]e F. H. S. he Vue Apts. Foods Rnnacle AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON INC. MARKHAM 1MG ELEVATED STORAGE TANK REHABILITATION 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 Olsson, 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 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. �300111]efStiy11to] 9VA�Y[17e[s]DRIDIMIA to] 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. Olsson Contract Markham Tank Rehab 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 Assist ENGINEER in obtaining 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 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 3.1.6 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. 3.1.7 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 included as Appendix A. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $107,00.00. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis described in Appendix B. 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 Olsson Contract Markham Tank Rehab 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 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 or his sureties under this Agreement or applicable performance and payment bonds, if any. 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 minimum 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 $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim Olsson Contract Markham Tank Rehab 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. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights 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. 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 party, 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. Olsson Contract Markham Tank Rehab 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 After payment in accordance with Paragraphs 6.5.3 and 6.5.4 above, deliver or otherwise make available to CITY OF FAYETTEVILLE all project deliverables at the latest stage of completion (e.g. 30%, 90%, etc.) CITY OF FAYETTEVILLE shall have the limited right to use the deliverables subject to the provisions of Paragraph 6.12.2. 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. Olsson Contract Markham Tank Rehab 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 party 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 deletion of proprietary data or confidential information from such publications, but otherwise Olsson Contract Markham Tank Rehab 6 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 The CITY OF FAYETTEVILLE acknowledges the Engineer's plans and specifications, including all documents on electronic media ("delivered documents"), as instruments of professional service. Nevertheless, the delivered documents prepared under this Agreement shall be delivered to and become the property of the CITY OF FAYETTEVILLE upon completion of the services and payment in full of all monies due to the Engineer. Except for the Engineer's services provided for by this Agreement as related to the construction and completion of the Project, the ENGINEER accepts no liability arising from any reuse of the delivered documents by the CITY OF FAYETTEVILLE, unless the 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. 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: 302 E. Millsap Road Fayetteville, Arkansas 72703 Olsson Contract Markham Tank Rehab 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 for the technical adequacy of the work. 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 damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 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. Olsson Contract Markham Tank Rehab 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 record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 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. Olsson Contract Markham Tank Rehab 9 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 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. 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 Bv: Mayor, Lioneld Jordan ATTEST: By: City Clerk OLSSON, INC. BY: &) t V'4 Brad B. Hammond, PE, Office Leader By: A7�/w Chris Hall, PE, Team Leader END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Olsson Contract Markham Tank Rehab 10 APPENDIX A olsson a SCOPE OF SERVICES Corey Granderson Utilities Engineer City of Fayetteville, Arkansas PROJECT DESCRIPTION AND LOCATION Project will be located at: 141 North Sang, Fayetteville, AR Project Description: Markham 1 MG Elevated Storage Tank Rehabilitation SCOPE OF SERVICES Olsson hereby agrees to provide the following services ("Scope of Services") to the City of Fayetteville ("Client") for the Project: PHASE 100 PROJECT MANAGEMENT Project Management: • Establish and maintain project scope, schedule, and budget. • Kick-off Meeting: Schedule and attend an in -person kick-off meeting with the whole project team including drafting an agenda, sending out invites, and recording meeting minutes with action items. • Progress Meetings: Participate in monthly progress meetings with the Client and project team. Quality Management: • Quality assurance and quality control (QA/QC) reviews are an integral part of Olsson's project performance. This process will be undertaken by senior staff members of the firm selected for their experience and expertise. The goal of the QA/QC process is to ensure that technical issues have been correctly addressed, Client standards are incorporated, and drawings and documents are clear, complete, and concise. • Formal QA/QC reviews will be conducted at key intervals of design. Completion of the QA/QC plan involves a final review by the Client and Olsson. PHASE 200 DETAILED DESIGN • Olsson non-destructive testing (NDT) team member will perform an internal/external inspection of the Markham Hill elevated storage tank. A visual inspection of tank internal & external components, and ultrasonic thickness 302 E. Millsap Road / Fayetteville, AR 72703 0 479.443.3404 / olsson.com measurements on the tank shell, support legs, and any other areas of concern. The inspection will indicate corrosion rates, predicted remaining life, inspection observations, and recommendations for suitability of continued service. • Olsson Engineer(s) shall visit site to conduct inspection of existing coating system and other tank rehabilitation items including ladders, rails, antenna, overflow pipe, altitude valve, and existing cathodic protection. Site visit will be coordinated with City preferred coating manufacturer professional to obtain recommendations. Lead testing of existing coating system will be requested from manufacturer's professional. A maximum of one site visit is included. • Provide engineering design of coating system, mixing system, cathodic system removal, overflow outlet, drain outfall improvement. • Provide structural design of catwalk rail replacement/reinforcement, lower ladder extension and upper ladder replacement. • Prepare Technical Specifications including exhibits. 8.5"x11" technical exhibits shall include vicinity map, tank site plan, tank section and structural details. Olsson shall utilize Client's standard "front end" specifications. • Develop an opinion of probable construction cost for the project based on the Specifications. • Review engineered Specifications with Client and based on feedback, finalize project Contract Documents, including developing a materials list with quantities. • Submit final design documents to Arkansas Department of Health (ADH). ADH $500 review fee included. DESIGN PHASE PROJECT DELIVERABLES: • NDT Structural Inspection Report — digital copy and 2 hard copies • Specifications and Exhibits — digital copy and 2 final hard copies • Opinion of Probable Cost PHASE 300 BID AND PRECONSTRUCTION SERVICES • Prepare advertisement for bid and transmit Plans and Specifications to Client for distribution. • Schedule and attend a pre -bid meeting with the project team. • Provide clarification on questions during bidding and, if necessary, prepare addenda for distribution. The Client will be informed on a regular basis of any changes resulting from bidders' questions. • Attend the virtual bid opening. PHASE 400 ENGINEERING CONSTRUCTION ADMINISTRATION 302 E. Millsap Road / Fayetteville, AR 72703 0 479.443.3404 / olsson.com • Olsson shall provide engineering construction administration based on a 120 day construction schedule. • Attend Preconstruction meeting. Fee is limited to two Olsson engineers to attend meeting. • Attend monthly progress meetings. Fee is limited to one Olsson engineer to attend monthly meetings. • Furnish professional engineer to make up to six (6) visits to the site (as distinguished from the services of a Resident Project Representative) as appropriate to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, the Engineer will endeavor to protect the Owner against defects and deficiencies in the work of the contractor; but he cannot guarantee the performance of the contractor, nor will the Engineer supervise, direct, control or have authority over or be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or for the safety measures that the contractor takes or should take. • Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor submits. This review is for the benefit of the Owner to ensure general conformance with the design concept of the project and general compliance by the contractor with the information given in the contract documents. It does not relieve the contractor of any responsibility such as dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect workers and the public, or the necessity to construct a complete and workable facility in accordance with the contract documents. • Prepare and review construction documentation including Requests For Information, Field Orders, Change Orders as directed by the Owner or Owner's representative. • Upon Contractor request for substantial completion approval, Olsson shall verify the Project on site and respond to Client. • Olsson shall conduct the Project final inspection with Client. Olsson shall provide written punch list and/or certificate of completion to Contractor and Client. PHASE 500 CONSTRUCTION OBSERVATION SERVICES • Olsson shall provide Resident Project Representative (RPR) for construction observation services. Olsson's RPR shall be a NACE CIP Level 1 certified inspector for the review of technical specifications for coatings and application; observation of washing/blasting/surface preparation and cleaning; weather conditions; crack and concrete repairs; and coating application (all prime, intermediate, and final coats). Each coating layer will have dry film thickness readings collected. Surface profile readings, weather conditions, wet mil thickness, 302 E. Millsap Road / Fayetteville, AR 72703 0 479.443.3404 / olsson.com and dry film thickness readings will be recorded in a field coating report. A final coating oversight/inspection document will be completed. • NACE CIP Level 1 RPR shall be provided on a time and expense basis. Lodging and meal expenses shall be billed at $150 per diem basis. Positector equipment charge will be billed at $100 per trip -day. • RPR duties are anticipated to be approximately "Part-time" during Contractor's active working days and allowable working hours defined in the construction contract. A total of 24 working days and estimated 192 hours are anticipated to complete construction work in the required sequence, over a period of 120 active working days during the restricted construction season and schedule. PROJECT SCHEDULE • Design will take 90 days from client notice to proceed. • Construction administration and observation services are based on a 120-day construction schedule. Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for such additional services (Optional Additional Services) at the standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses if any. Olsson shall not commence work on Optional Additional Services without Client's prior written approval. Optional Additional Services shall include but not limited to: • Any meetings with local, State, or Federal agencies, or other affected parties to discuss the project, other than those specifically noted. • Supplemental engineering work required to meet the requirements of regulatory or funding agencies that may become effective subsequent to the date of this agreement. • Assist City with negotiating and reviewing any liquidated damages for delays caused by Contractor if the project extends beyond the anticipated contractual durations. • Special consultants or independent professional associates requested or authorized by City. • Facility operation and maintenance manual (in addition to the equipment operation and maintenance manuals provided by the Contractor), and operator training, other than those specifically noted. 302 E. Millsap Road / Fayetteville, AR 72703 0 479.443.3404 / olsson.com • Assistance with prequalification protest, bid protests and rebidding, preparation for litigation, arbitration, or other legal or administrative proceedings, and appearances in court or at arbitration sessions in connection with the project. • Visits to the construction site and/or the City's location in addition to the number of such trips and the number of staff -hours in connection with them set out in other phases of the contract scopes. • Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, and services after the award of the contract in evaluating and determining the acceptability of substitutions proposed by the Contractor. • Additional or extended services during construction made necessary by: (1) work damaged by fire or other cause during construction; (2) a significant amount of defective or neglected work of the Contractor; (3) acceleration of the process schedule involving service beyond normal working hours; (4) default by the Contractor; and (5) failure of the Contractor to complete the work within the construction contract time. • Evaluation of unusually complex claims or an unreasonable or extensive number of claims submitted by the Contractor or others in connection with the work beyond the level of effort budgeted under Construction Phase Services. • Changes in the general scope, extent, or character of the project or its design including, but not limited to, changes in size, complexity, the City's schedule, character of construction, or method of financing; and revisions to previously accepted studies, reports, design documents, or construction Contract Documents when such revisions are required by changes in laws, regulations, ordinances, codes, or are due to any other causes beyond the Engineer's control. Olsson agrees to provide all of its services in a timely, competent and professional manner, in accordance with applicable standards of care, for projects of similar geographic location, quality and scope. 302 E. Millsap Road / Fayetteville, AR 72703 0 479.443.3404 / olsson.com olsson 0) Date: 08-Jul-21 Job: Markham Hill Tank Repainting TOTALS Phase/ Task Description of Work Total Man -Days Total Labor Fee Total Expense Fee Total Fee 100 Project Mana ement & QA/QC Project Management 3.50 $ 4,476.00 $ - $ 4,476.00 Invoices 0.38 $ 540.00 $ - $ 540.00 QA/QC 1.50 $ 1,888.00 $ - $ 1,888.00 Project meetings 1.75 $ 1,906.00 $ - $ 1,906.00 200 Design Phase Services Site Visits 1 visit 1.50 $ 1,516.00 $ 33.13 $ 1,549.13 NDT/ Structural inspection and Report $ 3,005.00 $ - $ 3,005.00 Structural Analysis Lower ladder, catwalk rail, upper ladder 9.00 $ 9,660.00 $ - $ 9,660.00 Development of Specifications 7.00 $ 6,848.00 $ 112.50 $ 6,960.50 Develo ment of Exhibits 15.13 $ 14,924.00 $ - $ 14,924.00 Mixing S stem Design 6.25 $ 6,534.00 $ - $ 6,534.00 ADH submission and response 1.13 $ 1,067.00 $ 500.00 $ 1,567.00 300 Bid & Preconstruction Phase Services Coordinate Advertisement and Distribute Contract Documents 0.50 $ 564.00 $ - $ 564.00 Questions from Plan Holders 1.00 $ 1,128.00 $ - $ 1,128.00 Assist Addendum Preparation 0.75 $ 812.00 $ - $ 812.00 Attend Bid Opening & Assist with Evaluation of Bids 0.75 $ 924.00 $ - $ 924.00 Recommendation & Contract Award 0.50 $ 564.00 $ - $ 564.00 Assist with Construction Contract Preparation 0.75 $ 754.00 $ - $ 754.00 400 Engineering Construction Administration Engineering Admin 13.00 $ 14,130.00 $ 69.00 $ 14,199.00 NDT/Critical Inspection Services 12 visits - $ 27,480.00 $ - $ 27,480.00 Local Inspection Services 12 visits - $ 7,560.00 $ - $ 7,560.00 $ $ - $ $ $ - $ GRAND TOTAL rounded 64.39 $ 106,280.00 $ 714.63 $ 107,000.00 /_1„210191PAM � olsson LABOR RATE BILLING SCHEDULE 2021 LABOR RATES Description Range Principal/Senior Professional....... 140 - 275 Project Manager ........................ 110 - 180 Project Professional ................... 90 - 145 Assistant Professional ................ 60 - 125 Designer .................................. 70 - 135 CAD Operator ........................... 40 - 100 Survey ..................................... 50 - 140 Survey Crew ............................. 120 - 160 Construction Services ................. 50 - 170 Administrative/Clerical................ 40 - 100 Note: 1. Special Services not included in above categories will be provided on a Special Labor Rate Schedule. 2. Rates subject to change based upon updates to Billing Rates for upcoming year. Page 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0542 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.9 BID #21-6148FORTY SOLUTIONS, LLC: A RESOLUTION TO AWARD BID #21-61 AND AUTHORIZE A CONTRACT WITH 48FORTY SOLUTIONS, LLC FOR PALLET REMOVAL AND RECYCLING FOR THE PRICE OF $2.50 PER PALLET FOR A TERM OF ONE YEAR WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #21-61 and authorizes Mayor Jordan to sign a contract with 48Forty Solutions for pallet removal and recycling in the amount of $2.50 per pallet for a period of one (1) year with the option to renew for up to four (4) additional one (1) year terms. City of Fayetteville, Arkansas Page 1 Printed on 712212021 Brian Pugh Submitted By City of Fayetteville Staff Review Form 2021-0542 Legistar File ID August 3rd, 2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/14/2021 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: Award of Bid 21-61, Pallet Removal and Recycling to 48 Forty Solutions for the price of $2.50 per pallet for a period of one (1) year with four (4) automatic one (1) year renewal options. Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 3RD, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Jeff Coles, Recycling and Trash Collections Director FROM: Brian Pugh, Waste Reduction Coordinator DATE: July 1411, 2021 SUBJECT: Award of Bid 21-61, Pallet Removal and Recycling to 48 Forty Solutions for the price of $2.50 per pallet for a period of one (1) year with four (4) automatic one (1) year renewal options RECOMMENDATION: Approve a resolution to award bid #21-61 to 48 Forty Solutions for the removal and recycling of pallets from the City of Fayetteville Recycling and Trash Collection Division. BACKGROUND: Bid 21-61 was released on June 13th and closed on June 30', 2021. The bid requests services for the removal and recycling of pallets that are recovered from operations related to the Recycling and Trash Collection Division. The bid was requested in order to receive the best pricing possible for the recycling service. DISCUSSION: The transfer station receives numerous pallets each year through normal operations and staff would like to remove the pallets and sell the usable ones in order to lessen materials going to the landfill. This would improve the diversion of material that can be counted towards the waste diversion goal of 40% diversion from landfill by 2027. There was one bid that was received, and 48 Forty Solutions was the bidder. This contract includes a renewal option for a 5 year period of time. The price per usable pallet paid is $2.50. BUDGET/STAFF IMPACT: None Attachments: #21-61 Bid from 48 Forty Solutions, Bid 21-61 and #21-61 Bid tabulation Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ►7 CITY OF F YETTEVILLE ARKAN A BID TABULATION Bid 21-61, Pallet Removal and Recycling Rebid Items #0-1 IPrice Per Pallet to be paid to the City for removal of pallets including all fees, materials, transportation costs, insurance, etc. 48Forty Solutions Total Cost $ 2,500.00 ESTIMATED *PRICE *TOTAL ANNUAL ANNUAL per EXPENSE BASED ON ESTIMATED PALLETS 11 Pallet PALLETS 1000 11 $ 2.50 $ 2,500.00 CI Ty OF FAYETTEVILLE ARKAKSAS Bid 21-61, Pallet Removal and Recycling Rebid Project Overview Project Details Project Name Bid 21-61, Pallet Removal and Recycling Rebid Project Owner Amanda Beilfuss Project Type IFB Department Purchasing The City is seeking revenue generating bids from qualified bidders for the removal and recycling of pallets on a per pallet price to be paid to the City. The estimated quantity for this bid is approximately 1000 pallets per Project Description year and has renewable one-year terms for a total possible contract duration of five years. Any questions concerning the bidding process should be addressed to Amanda Beilfuss, City of Fayetteville Purchasing Agent, at abeilfuss@fayetteville-ar.gov or by calling (479)575-8258. Open Date Jun 13, 2021 12:00 AM CDT Close Date Jun 30, 2021 2:00 PM CDT Highest Scoring Supplier Score 48Forty Solutions 100 pts CI Ty OF FAYETTEVILLE ARKAKSAS Seal status Requested Information Bid Document - (Completed & Signed) W-9 Form Arkansas Secretary of State Filling # Unsealed on Jun 30, 2021 2:01 PM CDT Jun 30, 2021 2:01 PM CDT Jun 30, 2021 2:01 PM CDT Bid 21-61, Bid Table (BT-89QT) Jun 30, 2021 2:01 PM CDT Conflict of Interest Unsealed by Amanda Beilfuss Amanda Beilfuss Amanda Beilfuss Amanda Beilfuss # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Amanda Beilfuss Jun 30, 2021 2:01 PM CDT No CITY OF FAYETTEVILLE ARKARSAS Questions and Answers No messages CITY OF FAYETTEVILLE ARKARSAS Public Notices No messages i� CITY OP .� FAYETTEVILLE ANRANtAt Submissions Supplier Date Submitted Name Email Confirmation Code Jun 29, 2021 12:49 PM 48Forty Solutions Stephen Smith stephen.smith@48forty.com MTQ5ODIO CITY OP .� FAYETTEVILLE ANRANtAt Project Criteria Criteria Points Description Total Base Bid 100 pts Highest price offered per usable pallet collected for recycling 21-61, Technical Specifications Pass/Fail Does the bid submitted meet all minimum specifications? Total 100 pts CITY OP .'S FAYETTEVILLE ANRANtAt Scoring Summary Active Submissions Total Total Base Bid I 21-61, Technical Specifications Supplier I / 100 pts / 100 pts Pass/Fail 48Forty Solutions 1 100 pts 100 pts ($2,500.00) Pass CITY op .N FAYETTEVILLE ANRANtAt Proposal Score Comments 48Forty Solutions - Scoring Comments Total Base Bid - Reviewer Scores Reviewer Amanda Beilfuss Score 100 pts ($2,500.00) 21-61, Technical Specifications - Reviewer Scores Reason Comments Only Bidder Reviewer Score Reason Comments Amanda Beilfuss Pass Meets the requirement(s) Only Bidder CI Ty OF FAYETTEVILLE ARKAKSAS Signatures Name Signatures Amanda Beilfuss Digitally signed by Amanda (Project Owner) Amanda BeilfUSS Beilfuss Date: 2021.06.30 14:41:01-05'00' Amanda Beilfuss Digitally signed by Amanda (Evaluator) Amanda Beilfuss Beilfuss Date: 2021.06.30 14:41:12-05'00' Andrea Foren Andrea Digitally signed by Andrea Foren (Evaluator) Foren Date:2021.07.13 17:44:41-05'00' City of Fayetteville, Arkansas CITY OF Purchasing Division - Room 306 �� FAYETARKANS EVILLE 113W,AR7201 A R K A N S A S Fayetteville, AR 72701 Phone: 479.575.8258 TDD (Telecommunication Device forthe Deaf): 479,521.1316 INVITATION TO BID: Bid 21-61, Pallet Removal & Recycling DEADLINE: Wednesday, June 30, 2021 before 2:00 PM, Local Time (1) City's third -party bidding platform, OR (2) Sealed and delivered directly to the City of Fayetteville as instructed in the advertisement PURCHASING AGENT: Amanda Beilfuss, abeilfus52favetteville-ar eov DATE OF ISSUE AND ADVERTISEMENT: Sunday, June 13, 2021 INVITATION TO BID Bid 21-61, Pallet Removal & Recycling No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, Bonfire, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject io withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: C/S{ gr� v C /,J_', . , Contact Person: E-Mail: Business Address: Title: _6?8 / / �4n aSPr! Phone:' 1j - LIVY— $ I s-c/ City: P✓i/fe State: /T2 Zip::222d f Signature:---�5 sC Date: o City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 1 of 14 City of Fayetteville Bid 21-61, Pallet Removal & Recycling Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 21-61, Pallet Removal & Recycling The City of Fayetteville is seeking revenue generating bids from qualified bidders for the removal and recycling of pallets on a per pallet price to be paid to the City. The estimated quantity for this bid is approximately 1000 pallets per year and has renewable one-year terms for a total possible contract time of five years. Any questions concerning the bidding process should be addressed to Amanda Beilfuss, City of Fayetteville Purchasing Agent, at abeilfuss@fayetteville-ar eov or by calling (479)575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bid . All bids shall be received by Wednesday June 30 2021 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical bid to the City of Fayetteville, Purchasing Division address listed below. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at httos://www voutube com/user/citvoffavettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Amanda Beilfuss, Purchasing Agent P: 479.575.8258 abeiifuss2favetteville-ar eov TDD (Telecommunications Device far the Deaf): (479) 521-1316 Date of advertisement: 06/13/2021 City of Fayetteville, AR Bid 21-61, Pallet Removal a Recycling Page 2 of 14 Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to submit a physical sealed bid. City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 3 of 14 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular Production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926—Subpart P— Excavations. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension "requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Rid 21-61, Pallet Removal8, Recycling Page 4 of 14 Unsigned bids will be rejected. Items marked * are mandatory for consideration 'NAME OF FIRM:_ro I, 'D/B/A or Corporation Name 'BUSINESS ADDRESS: 16s� 'CITY:Zv �v1 'E-MAIL: /' I Z Wee Purchase Order/Payments shaifbe issued to this name t"M�( `tiycti.✓g ��. Q *STATE: , /-K _'ZIP:*PHONE: ' Z> ! O ry FAX: T / / C/Vq *BY: (PRINTED NAME) J ''// Reel r Ke /(, e e *AUTHORIZED SIGNATURE: 'TITLE:_ DUNS NUMBER: v — CAGE NUMBER: 77 q �J *TAX ID NUMBER: SR�JS 13�-�y Acknowledge Addendums: Addendum No. _ Dated: Acknowledged by: Addendum No. _ Dated: Acknowledged by: Addendum No. _ Dated: Acknowledged by: Addendum No. _ Dated: Acknowledged by: ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION' SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION' FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 5 of 14 City of Fayetteville Bid 21-61, Pallet Removal & Recycling General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION, a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.favetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at htlps:ZZwww.youtube.com/L]SerZcityoffavettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8258 to ensure correct receipt of bidding documents rior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 6 of 14 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYE 7EVILLE BID PROCESS - In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. C. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City'. b. All bidders shall promptly notify Amanda Beilfuss, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS, Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8258 to ensure receipt of their submittal City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 7 of 14 documents prior to opening time and date listed. 9. LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHTTO AUDIT, FOIA ANDIURISDICITON- a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. sec.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 8 of 14 14, VARIANCE FROM STANDARD TERMS & CONDITIONS - All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not laterthan seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 9 of 14 19, ASSIGNMENT SUBCONTRACTING CORPORATE ACQUISITIONS AND/OR MERGERS a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT, Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING, Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES* The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 10 of 14 Bidders shall use the original bid forms) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether Intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshal/not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. C. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8258) or e-mail (abeilfuss@favetteville-ar aov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. I. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Purchasing Agent via e-mail (abeilfuss(@favetteville-ar eov) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 11 of 14 any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. I. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having anyjurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 12 of 14 City of Fayetteville Bid 21-61, Pallet Removal & Recycling Technical Specification ALL BIDDERS SHALL READ THIS "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION BIDDING REQUIREMENTS: c NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a._), bidder shall write a "check mark" or write "Les" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City s bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed �Tpecirication and can result in bidder OLSQUAIIF/CAT/Qiy Bidders shall NOT supply warranily Papers for the City to interpret whether a warranty s ecification is met or not. GENERAL: 1.1 All specifications written are to minimums unless otherwise noted. 1.2 Bidder shall provide proof of insurance as required by the City of Fayetteville. Insurance shall include Workers Compensation, $1,000,000 minimum General Liability, and automobile insurance. Certificate of Insurance shall list the City as an additional insured. 1.3 The City intends to invoice the Bidder within 14 calendar days of usable pallet pick up date. Bidder shall pay the City within 30 calendar days from the date of invoice. 1.4 Recycling and Trash Collections staff will maintain a count of usable pallets as they are placed in the container. Bidder will be billed for the number of usable pallets in the container. The City will inform the bidder when the container is full. 1.5 Bidder will be required to provide initial and subsequent empty containers after each pick up. POD style containers will be allowed. Other containers are allowable upon approval from the City of Fayetteville Recycling and Trash Collection Division, 1.6 Pickup of pallets shall be based on an on -call basis upon City observation of container approaching maximum capacity. Awarded bidder shall pick up container, replacing existing container with empty container within five (5) business days of City requested pick up. 1.7 The bid shall be in effect for a period of one (1) year beginning on date of approval or signed resolution from the Fayetteville City Council or Mayor's Signature. The City reserves the right to extend the award of this bid automatically by mutual agreement for a period of four (4) additional, one (1) year periods automatically unless either the Contractor or the City notifies the other of its intent to terminate the contract at the end of the contract period. City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 13 of 14 2. REMOVAL & RECYCLING SPECIFICATIONS: 2.1 The bid shall include the removal, recycling, and payment to the City for pallets collected through numerous city collections and city operations. Peak pick up load is 1000 pallets a year. 2.2 Removal of materials shall be made at the following locations: a. f5 Fayetteville Compost Facility, 1708 Armstrong Ave, Fayetteville, AR b.qk3� Lot adjacent to the Recycling and Trash Collection Division located at 1560 S. Happy Hollow Rd, Fayetteville, AR. 2.3 Price for the pick-up will be based on the number of usable pallets collected. 2.4 Bid pricing shall include but is not limited to the inclusive cost of all expenses of collecting the material, overhead, insurance, and any expense incurred from collection and processing of the material. a.?s Price paid to the City shall be calculated by taking the number of pallets collected at price of per usable pallet. 2.5 All necessary equipment shall be furnished and spotted at the two locations listed previously and pulled and replaced with empty equipment as loaded. 2.6 The City agrees to maintain a diligent effort to keep all trash and or hazardous substances out of pallet containers. PICK UP OF MATERIAL AND PAYMENT 3.1 Pick up of materials and payments to the City shall adhere to the following guidelines: a -Pe Procedures for pick up of the pallet container is as follows: • A scale ticket will need to be generated at the Scale House at the Recycling and Trash Collection Division's site • Pickup hours will be Monday -Friday 7:00 AM-2:00 PM b.ye� Payment to the City shall be made within 30 calendar days from the invoice date and the following information shall be accompanied with payment or sent via email by payment date: • Copy of corresponding invoice -Total number of pallets that were picked up • Pursuant to the City of Fayetteville Resolution # 19-11, bidder shall provide final destination information and use of material in final products to the City upon payment to the City. City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 14 of 14 Form W-9 (%e .Hwv ber21]ln Da lt of the Treagury WitilrRas Ve servlm t Yams (as 91havrr err your FORTY SOLUTIONS Request for Taxpayer I Give Form to the Identification Number and Certification requester. Do not send to the IRS. ► Go to www.ira rdoWFormW.9 for iinstructians and the latest tnfortnation. name, or IN-; line: do a 3 :I heck approprIaIa cox for federal taxclamiFwtion of the perwn whgs* aamK b *Aied an 6n t- Dh k only ane of" rn fdkwiny seism 00iB3 © IndivWw"ote P'oprimer or ❑ CCap;ratim is SCorpnrafon ❑ Partnership ❑ lrusve .ate wngle n ffr"r LLC d r ❑r Urnked liability❑ompany. Enler Ihotux dowlicatien IC•G taponarar, $--5 earporotlon, P=Partnership) ► C Note: Check the appropriate bo• in the II•e MWve for the Wk 0MINcetlon at the arsgle-member owrrer, 60 net dnadk rF Ll(;if the LLr In dsa slfled as a slagla-member LLC that la4aregarded from Irre ownarw71e3Sthe Wide+ of the LLC In z mother LLC that is not disregardod From tne- ownerfor U.S. federal tart pLrposea Otherwise, a sin* member LLC item d u is disregarded from the owner should dlackthe appropriate box for Ve tV CLMAMIign of Its owner. atlrer (sea FWftV lionelr 5 M *oe5 krrmbrr, street. Mtl apt. or sLilte nc.) See nglruOi0n3. Pstai 95lers name I N 13100 Northwest Freeway Suite 450 6 Ckty, state, and ZK-uoda 7 LMI sanouni nwnbcv(n) narb (oplianatj for Identtficat9olt Number Enter your TIN in the aFprnprriata host. The TIN povlded must match the narre given on line 1 to avoid backup withholding- For individuals, this Is generally your social security nurmber(S5N), However,'or a resident alien, sole proprietor, or disregarded entity, sea the instruolions for Part 1, later. For other entities, d is your employer identification number {EINI. If you do riot have a number, see How to gda Tint, later. Naar. If the account is in more than one name, see the in5truviQn5 for ins I -Avso see Wrlaf Nameand MYlnrber To Give the Regcr59rerfor guidelines vnwhosa number to enter. 4 Emowbo s (oodee apply oil; U certain "ilres. not IOrfop.h., InRutmora m page 3): &.4Mnt payae cede III any) ExanOon Irorn FATGA wodirV co*f arty) VrnrW m arm mwrnrm •uswrnr us1 i0aniiiaation number 3 175 9 3 Under penaftie6 of pugvey I owbfy ihpt 1- The in rnber shown m 1his form is my corrmttaxpayer identification number{or I am waiting for a numberto be iSSUed to mn' ( and 2 1 am not subject to backup withholding because, (a) I am examlattrom backup vithholoing, or M I have not heart notillec by the Internal Revenue $ervicm (IRS) that I nn subject tg backup withholding as a raeuN of a failure to report all Interest or dividends, or(c) the IRB has notified me that I am r1g IQrVF subject tk Backup whhhoiding; arts 3, 1 am a U.S. citizen or alner U.S. person (defined babw): and 4, The FRTCA cod*entered on this form (if any) indicating that I am exempt from FATCA reporti7g is corwcf. Certification lnetructices. You nuut crgea out item 2 above it you have freer notified by line IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends nn your tax return For reel ealate transactions, dam I does not apply. For morWage interest paid, mcfui®tip ur abandonrirart of secured property, cancellation el debt, contributions to an individual retirement arramement OFIq. anc generally, payments other than interest and aividendc, you are not required to sign the certificauas, but you musl provide your correct TIN. See Me InttntcNons for Part II, lalar. R Here I u-s porsan► y / Data► Al NI !+ General Instructions Section references are to the Intomol Revenue Cosa unlemotherwisa f1Metl. Future developments. For the latest information about devviopmente. related to Farm W-A) and ins inshuctions Such as legislation anacted after Illey were pu?Wi$ . yo to www-Ira.0nWA rmW9- Purpose of Form An Individual or entity (7c� W-9 requested whe is requiredio file an inforinatipn return With the IRS must obtain your conact tawpayar identltication number (TI14 which may be your social security number (SSN), Individual ttupager Identification number (FTIN), adoption taxpayeriderltifleation rwribef (A.PN), or emp"w identifiralion number {FINI, to report on an irlor oration return the amount paid to you, or other amwril reponkl7le on an hfarmatlon return. Fxmmplee of information returns iwltfda, but arE not limited to, the following. + Form 1099-RiT (intemleamed w pail Cat. No.. 1023iX • Form 1099-DIV (eividends, including those from stocks or mutual funds) • Fcrm 1 GN-MISC{various types of Income, primes, awards, ccgros: prooaedsi • Form I ON-5 {stock or mutts fund sales end certain other transactiorts by brokers] • %mr 1 M-6 (proceeds from real estate transactions) • Form 100-K {meroharx card and third party nralwcrk htawmtio* • Form 1096 Qtorne mortgage Inlerest), 1098-E latudent loan interest 1098-T (tuition) + Farm 1099 C (canceled debt] • Few 10t39-A I80CulsltIon or aparidorwrient 31 Serumd property) toe Form W-9 orlty If you are a U-S. person Qrcluomg a resident alien), to provide your correct TIN. P you do not reten Form IN-9 tc the requester with a TIN, you tilt;-f be &94ectto backup wdhhafdrrtg. See What is backup withhglding, igfer. 5897 Windward Parkway Alpharetta, GA 30005 P:713.332.6145 1 48forty.com I info@48forty.com Form W-9 (pew. 11.201 r) FORTY SOLUTIONS 5897 Windward Parkway Alpharetta, GA 30005 P:713.332.6145 1 48forty.com I info@48forty.com Item Number Item Descriptioi ESTIMATED ANI *PRICE per Pallet #0-1 Price Per Pallet to bE 1000 2.5 6/30/2021 Proposal Data IBack to Project Bid 21-61, Pallet Removal and Recycling Rebid - Proposal Data Supplier 48Forty Solutions Scorecard Ope,... Arkansas Secretary of State Filling # 39 https://fayetteville-ar.bonfirehub.com/projects/46334/proposal Data 1 /1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0567 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.10 2022 BUDGET TO PATROL THE CITY TRAILS: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD A FULL TIME POLICE OFFICER TO THE 2022 BUDGET TO PATROL THE CITY TRAILS WHEREAS, the City of Fayetteville currently has nearly 50 miles of shared -use paved trails; and WHEREAS, current staffing levels allow for only one police patrol officer position to be assigned to patrol the trail system; and WHEREAS, the addition of a second police officer to patrol the city trails full time will increase safety for the residents and visitors of Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its support for the addition of a full time police officer to patrol the City trails and requests that Mayor Jordan include the additional position in the 2022 annual City budget. City of Fayetteville, Arkansas Page 1 Printed on 712212021 FOR: Council Meetin Legistar ID No.: _ QSIO % AGENDA REQUEST FORM of August 3, 2021 FROM: Council Member Sloan ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD A FULL TIME POLICE OFFICER TO THE 2022 BUDGET TO PATROL THE CITY TRAILS APPROVED FOR AGENDA: Sraan Sarourn Council Member Sloan Scroggin A,, City Attorney Blake Pennington Approved as to form 07l1 N031 7,01 PM EDT Date -V /(F/Zi Date u.=.��®wvw.aH�,c.vw�m..�s..um io:�e.�,mnca..aaaa.zano�wozsi RESOLUTION NO. A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD A FULL TIME POLICE OFFICER TO THE 2022 BUDGET TO PATROL THE CITY TRAILS WHEREAS, the City of Fayetteville currently has nearly 50 miles of shared -use paved trails; and WHEREAS, current staffing levels allow for only one police patrol officer position to be assigned to patrol the trail system; and WHEREAS, the addition of a second police officer to patrol the city trails full time will increase safety for the residents and visitors of Fayetteville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its support for the addition of a full time police officer to patrol the City trails and requests that Mayor Jordan include the additional position in the 2022 annual City budget. PASSED and APPROVED this 3' day of August, 2021 APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: KARA PAXTON, City Clerk/Treasurer 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: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 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 712212021 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 712212021 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 712212021 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: 2021-0546 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.1 RZN-2021-054: (111 & 115 S. WEST AVE./JENSEN-OSTNER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-054 LOCATED AT 111 AND 115 SOUTH WEST AVENUE FOR APPROXIMATELY 0.31 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET CENTER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to MSC, Main Street Center. 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 712212021 City of Fayetteville Staff Review Form 2021-0546 Legistar File ID 8/3/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 7/16/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 2021-000054: Rezone (111 & 115 S. WESTAVE./JENSEN-OSTNER, 523): Submitted by MOLLYJENSEN and ALAN OSTNER for properties located at 111 & 115 S. WEST AVE. The subject property is zoned NC, NEIGHBORHOOD CONSERVATION, and contains two parcels with approximately 0.31 acres total. The request is to rezone the subject property to MS/C, MAIN STREET/CENTER. 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 AUGUST 3, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: July 16, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000054: Rezone (111 & 115 S. WEST AVE./JENSEN-OSTNER, 523): Submitted by MOLLY JENSEN and ALAN OSTNER for properties located at 111 & 115 S. WEST AVE. The subject property is zoned NC, NEIGHBORHOOD CONSERVATION, and contains two parcels with approximately 0.31 acres total. The request is to rezone the subject property to MS/C, MAIN STREET/CENTER. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located on the west side of S. West Avenue, between Mountain Street to the north and South Street to the south. The parcel at 111 S. West Avenue (765-02023-000) contains a single-family dwelling built in 1916, according to Washington County records. The parcel at 115 S. West Avenue (765-02028-000) is currently undeveloped. In 2004, the subject property was rezoned to NC, Neighborhood Conservation, as part of the Downtown Master Plan. Request: The request is to rezone the subject property from NC, Neighborhood Conservation, to MSC, Main Street/Center. The applicant has stated in their request letter that rezoning would support many of the Downtown Master Plan strategies and the Cultural Arts Corridor (CAC) project by expanding development options for the properties to include flexible retail, housing, entertainment, and arts cultural space. Public Comment: Staff has not received any public comment on this item. Land Use Compatibility. Rezoning the subject property to MS/C will allow for residential and commercial development that is generally compatible with other housing and commercial space in the area. The current zoning designation, Neighborhood Conservation, is the most purely residential zone, with only single-family and accessory dwellings permitted by right. Rezoning the subject property to MS/C would expand the permitted uses of the site to allow for the development of greater density housing and/or small, commercial spaces which could be occupied by sidewalk cafes, art studios, or other neighborhood stores. This rezoning would remove density and side Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 setback requirements for each parcel, maintain the 25-foot front build -to zone and five-foot rear setback, and increase the height maximum from three -stories to five or seven. Given that the subject property is in the Cultural Arts Corridor and across from the Fayetteville Public Library, these proposed changes appear to be suitable. Furthermore, while the MS/C zoning district allows for commercial activities of greater intensity than would generally be appropriate at this location, the size and terrain of the properties can limit the scale of any future development. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map designation of this property as a City Neighborhood Area. The MS/C zoning district would support this anticipated use by permitting a wider spectrum of uses and encouraging density. Staff finds that rezoning to MS/C will encourage an environment that is appealing to pedestrians and allow for development that would be appropriate on S. West Avenue and within the Cultural Arts Corridor. The property is part of the Downtown Master Plan which outlines an implementation strategy for "targeting properties along West Avenue for infill development." That said, the property has many elements of the infill matrix now, suggesting that the site is appropriate for an increased density in housing or incremental commercial uses, which can support goal 1 of City Plan 2040, making infill a priority. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center Street) • Near Sewer Main (West Avenue) • Near Water Main (West Avenue) • Near Grocery Store (Walmart Neighborhood Market) • Near Public School (Fayetteville High School) • Near City Park (Frisco Park) • Near Paved Trail (Frisco Trail) • Near ORT Bus Stop (Route 10 — Mountain at Library) • Near Razorback Bus Stop (On Demand 1 — Fayetteville Library) • Appropriate Future Land Use (City Neighborhood) • Within Master Plan Area • Sufficient Intersection Density DISCUSSION: At the Planning Commission Meeting on July 12, 2021, a vote of 6-1-0 forwarded the request to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Winston seconded. Commissioners in support of the request agreed that the location was good for increased density, given the recent expansion of the Fayetteville Public Library to the east and the development of the Cultural Arts Corridor. They also felt that rezoning the property to MS/C would better complement uses and increase connectivity downtown. Commissioner Garlock, who was opposed to the request, expressed concern about the building height maximums associated with rezoning the property to MS/C, as it would increase from three stories to five/seven. No members of the public spoke on this item. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2021-000054 Close Up View NC W RSF-4 R-O I I I I I I Urban Center Trail (Proposed) j__ J Design Overlay District Planning Area Fayetteville City Limits Jensen/Ostner F i—CENTER,ST 1 1 1 1 \ \ \ \ \ \ \ R 1 1 1 1 1 Sub 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 P-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a H W Feet 0 55 110 220 330 1 inch = 150 feet 440 RZN-21-000054 EXHIBIT 'A' 11 6. MOUNTAIN STD rROCK,ST� J& NORTH Zoning Acres MSC 0.3 Total 0.3 RZN-2021-000054 EXHIBIT 'B' Legal Description for combined Parcel Numbers: 765-02023-000 and 765-02028-000 All of Lot Five (5) in Block Thirty- five (35) and Part of Block Thirty-five (35) of the original town plat of the city of Fayetteville, Arkansas, as shown by said plat in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as follows: A Part of Block Thirty-five (35), Original Town Plat of Fayetteville, Arkansas, described as beginning at a point 151 feet South of the Northeast corner of said Block to a chiseled X in concrete block wall as the true point of beginning; thence South 51.0 feet; thence S00°00'02" W 49.33 feet to an existing iron as per book J page 772; Thence leaving existing iron at the East line of said block thirty-five (35) N89058'43" W 141.39 feet to an existing iron rebar at the East right-of-way line of the abandoned railroad; thence from an existing iron rebar 49.4 feet N04024'54" W along said right-of-way line to an existing iron pin; thence N6015'59" W along said right-of-way of the St Louis and San Francisco Railroad 51.31 feet; thence leaving said right-of- way East 150.71 feet to the point of beginning. Approximately .31 acres. CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Gretchen Harrison, Planner MEETING DATE: July 12, 2021 Updated with results from 7/12/2021 PC Hearing SUBJECT: RZN-2021-000054: Rezone (111 AND 115 S. WEST AVE., 523): Submitted by ALAN OSTNER and MOLLY JENSEN for properties located at 111 & 115 S. WEST AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION, and contain 2 parcels with approximately 0.50 acres. The request is to rezone the properties to MSC, MAIN STREET/CENTER. RECOMMENDATION: Staff recommends forwarding RZN-2021-000054 to City Council with a recommendation of approval based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward RZN-2021-000054 to City Council with a recommendation of approval." BACKGROUND: The subject properties are located on the west side of S. West Avenue, between Mountain Street to the north and South Street to the south. The property at 111 S. West Avenue (765-02023-000) contains a single-family dwelling built in 1916, according to Washington County records. The property at 115 S. West Avenue (765-02028-000) is currently undeveloped. In 2004, both properties were rezoned to NC, Neighborhood Conservation, as part of the Downtown Master Plan. Surrounding land uses and zoning are provided in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Sin le -family Residential NC, Neighborhood Conservation South Single-family Residential MSC, Main Street/Center East Fayetteville Public Library MSC, Main Street/Center; DG, Downtown General West Razorback Greenway P-1, Institutional Request: The request is to rezone the subject properties at 111 and 115 S. West Avenue from NC, Neighborhood Conservation, to MSC, Main Street/Center. The applicant has stated in their request letter that rezoning would support many of the Downtown Master Plan strategies and the Cultural Arts Corridor (CAC) project by expanding development options for the properties to include flexible retail, housing, entertainment, and arts cultural space. Public Comment: Staff has not received any public comment on this item. Planning Commission July 12, 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 1 of 14 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: Both parcels have access to S. West Avenue, a Master Street Plan -designated Urban Center street. South West Avenue is part of the Cultural Arts Corridor and is currently closed for improvements. Any additional street improvements required in this area will be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 6-inch water main is present in the center of S. West Avenue. Sewer: Public sanitary sewer is available to the subject area. An existing 8-inch sewer main is present in the center of S. West Avenue. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center Street, protects this site. The properties are located approximately 0.21 miles from the fire station with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not express any concerns with this request. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the subject properties lie within a FEMA- designated 100-year floodplain, a Streamside Protection Zone, or the Hillside - Hilltop Overlay District (HHOD). There are no hydric soils present on the subject properties, either. Tree Preservation: The proposed zoning district of MS/C, Main Street/Center, requires 10% minimum canopy preservation. The current zoning district of NC, Neighborhood Conservation, requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the properties within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this site with a weighted score of 13. The following elements of the matrix contribute to the score: Planning Commission July 12, 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 2 of 14 • Adequate Fire Response (Station 1, 303 W. Center Street) • Near Sewer Main (West Avenue) • Near Water Main (West Avenue) • Near Grocery Store (Walmart Neighborhood Market) • Near Public School (Fayetteville High School) • Near City Park (Frisco Park) • Near Paved Trail (Frisco Trail) • Near ORT Bus Stop (Route 10 — Mountain at Library) • Near Razorback Bus Stop (On Demand 1 — Fayetteville Library) • Appropriate Future Land Use (City Neighborhood) • Within Master Plan Area • Sufficient Intersection Density 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: Rezoning the subject properties to MS/C will allow for residential and commercial development that is generally compatible with other housing and businesses in the area. The current zoning designation, Neighborhood Conservation, is the most purely residential zone, with only single-family and accessory dwellings permitted by right. Rezoning the subject properties to MS/C would expand the permitted uses of the site to allow for the development of greater density housing and/or small, commercial spaces which could be occupied by sidewalk cafes, art studios, or other neighborhood stores. This rezoning would remove density and side setback requirements for the subject properties, maintain the 25- foot front build -to zone and 5-foot rear setback, and increase the height maximum from three -stories to five. Given that the subject properties are in the Cultural Arts Corridor and across from the Fayetteville Public Library, these proposed changes appear to be suitable. Furthermore, while the MS/C zoning district allows for commercial activities of greater intensity than would generally be appropriate at this location, the size and terrain of the properties can limit the scale of any future development. On the other hand, the Fayetteville Downtown Master Plan and its associated rezoning were deliberately enacted to preserve pockets of single-family housing that have existed for decades, and in some cases, over a century. The block of single-family homes that range southward from the subject properties along West Avenue were deliberately zoned NC, Neighborhood Conservation. The Illustrative Master Plan indicated preservation of the subject properties as two single-family dwellings. Since then, one of the dwellings have been demolished. A rezoning to MS/C comes with no density requirements, no side setbacks, and a higher building height maximum than the requirements in an NC district. Coupled with multi -family dwellings and numerous commercial uses being permitted in the DG zoning district, the requested rezoning has the potential to dramatically change the character of this portion of downtown. Planning Commission July 12, 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 3 of 14 Land Use Plan Analysis: The Downtown Master Plan led to the current zoning that was approved by City Council with the support of many Downtown residents. This NC zoning seeks to preserve the existing single- family housing stock in pockets of the downtown area. The Neighborhood Conservation zoning district currently applied to the subject properties and those north of them are evidence of its objective. The Downtown Master Plan also identified the goal of pursuing redevelopment opportunities along West Avenue. Classified in the Plan as a "signature connection" in downtown, West Avenue is called -out as important to the area's pedestrian network with redevelopment needed to fully leverage amenities like the Frisco Trail, the library, and the Cultural Arts Corridor. The Plan goes even further by outlining an implementation strategy that involves a policy to "target properties along West Avenue for infill development." Rezoning the subject properties to the proposed Main Street/Center district can support this goal by allowing for increased housing opportunities through redevelopment to a greater density or, alternatively, permitting a greater spectrum of retail and service uses that can serve the neighborhood or greater downtown. While the goals of infill redevelopment and preservation may often seem at odds, in this instance, they are complementary. Just as the Neighborhood Conservation zoning district was adopted to preserve the single-family nature of certain areas, so too can the Main Street/Center zoning district preserve the character of Downtown Fayetteville. Both are designed with build -to zones that complement the area's historic growth pattern. Development under either zoning is subject to the Downtown Design Overlay District's architectural standards. Staff finds that the proposed zoning is consistent with the overall goals and policies of the Downtown Master Plan. Finally, the City Council has recently rezoned properties along West Avenue to allow mixed -use and higher density. These decisions aid staff in recommending that this rezoning is consistent with the Council's vision for the Downtown Master Plan. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Based on the applicants' submittal, the rezoning is justified and needed to enhance the development opportunities for the subject properties. The existing Neighborhood Conservation zoning only permits development of the properties with single-family dwellings, accessory dwellings, and City- wide uses by -right. All other uses allowed in the district, including but not limited to 2- and 3-family dwellings, offices, and limited businesses are only permitted with the approval of a conditional use permit. The applicant feels that a rezoning to Main Street/Center will positively address the goals of the Downtown Master Plan and the Cultural Arts Corridor project. Staff agrees, finding that despite the conditional use permit process' provision of detail that can assure compatibility, this may not be necessary given the wide variety of existing and potential uses and intensities near the site. Planning Commission July 12, 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 4 of 14 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the properties to MS/C could increase traffic in the area. Staff finds that the subject properties are situated along an Urban Center street, which experience varied levels of traffic. The Cultural Arts Corridor is expected to serve as a catalyst for additional development and density along West Avenue, which could potentially create more congestion near the subject properties. Nevertheless, the Cultural Arts Corridor is also intended to expand access for pedestrians and bicyclists, reducing the amount of vehicular traffic in the area. So, while rezoning the subject properties could create congestion by expanding the use of the site, it is likely to have a negligible impact on vehicular traffic patterns. 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 subject properties from NC, Neighborhood Conservation, to MS/C, Main Street/Center, has the potential to increase population density in this area. That said, staff finds that existing that the existing water, sewer, and street infrastructure can support this increase. The Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: Finding: N/A 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. Planning Commission July 12, 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 5 of 14 RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000054 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: jDate: July 12, 2021 O Tabled I Motion: Belden Second: Paxton Required YES O Forwarded O Denied with recommendation of approval jVote: 6-1-0 (Commissioner Garlock dissented BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: • §161.29 - Neighborhood Conservation • §161.27 — Main Street/Center • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission July 12, 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 6 of 14 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19) Planning Commission July 12, 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 7 of 14 161.27 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling all unit types 18 feet (2) Lot Area Minimum. None. Planning Commission July 12, 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 8 of 14 (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4- 20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19) Planning Commission July 12, 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 9 of 14 Applicant Request Letter Statement in support of zoning request: 111 S West Ave and 115 S West Ave Current Zoning NC Requesting Zoning become MSC Infill Score = 13 out of 14 Statement in support of zoning request: This rezoning request supports many of the Downtown Master plan six strategies and the Fayetteville Cultural Arts Corridor project (CAC). Specifically, the request is to move from NC to MSC. This rezoning offers the possibility of getting more people to live downtown by addressing the missing middle housing choices. By rezoning to MSC this property will be zoned to out preform current zoning standards thereby attracting development that could create jobs and other economic opportunities by transforming the property into a flexible retail/ housing/ entertainment and arts cultural space. MSC encourages the possibility of Art friendly structures such as: Multi -story buildings with apartments or offices above shops and lofts, live/work units, and buildings designed for changing uses over time. This rezoning will allow this property to seamless evolve into the CAC helping to create an interconnected downtown space between the Walton Arts Center, Theatre Squared, Nadine Baum Studios, Fayetteville Public Library, the Fay Jones Woods, and the University of Arkansas' Art and Design District. This rezoning and type of possible development promotes and encourages walkability by keeping jobs and housing in one centrally located place. MSC will allow for a range of usages and gentle density that will complement the CAC and make a connection to the other nearby shopping, art, job centers, and entertainment amenities more appealing. A zoning designation of MSC will activate S. West Street between Dickson and Prairie Streets with a range of amenities that will enhance the opportunity and experience for city residents and visitors alike. Planning Commission July 12, 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 10 of 14 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 11 of 14 RZN-2021-000054 Jensen/Ostner Close Up View o ` � i CENTERST 1 1 1 1 ► ► RazorbackrGreenway ► Connector ► MOUNTAIN ST 1 W i a 1 Subject Property y Nc 1 t W 3 } � 1 W j > Q 1 MSC J 0 j Proposed MSC O W } 2 1 1 U) } } j ROCK ST RSF-4 1 1 I P-1 1 1 i 1 } 1 RMF-24 I 1 1 DG I 1 r I 1 I L- R-O I 1 + � NORTH Zoning Acres Urban Center MSC 0.3 - - - Trail (Proposed) Feet j _ J Design Overlay District Planning Area 0 55 110 220 330 440 ' 'Fayetteville City Limits 1 inch = 150 feet Total 0.3 � - - + Planning Corlmi 2, ssion 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 12 of 14 RZN-2021-000054 Current Land Use AI, Jensen/Ostner t t W Q E- 1' s ; - r Mixed -Density Residential NORTH MOUNTAIN ST o Subject Property — a Fayetteville Public Library `� rY •� ` '"• i�� �r s ' }"3 s Mixed -Density Residential � FEMA Flood Hazard Data 100-Year Floodplain Urban Center Feet 0 Floodway _ _ _; Planning Area 0 20 40 80 120 160 - - -; Fayetteville City Limits — — 1 inch = 60 feet j — Design Overlay District Planning Co mission 2, 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 13 of 14 RZN-2021-000054 Future Land Use Sr - I =i V Neighborhood Link Urban Center Planning Area L � Fayetteville City Limits L - - - Trail (Proposed) j _ J Design Overlay District Jensen/Ostner 1 1 I 1 1 I '--- CENTER-ST.. Subject Property 1 1 1 1 1 1 it ■ 1 1 I 1 1 I 1 1 I 1 1 I 1 1 Civi and PriNate Opel Space i 1 1 1 ` I 1 � 1 1 � I I i w Q I — co w 9 Feet 0 75 150 300 450 1 inch = 200 feet M Civic°A Institutiona He o n City Neighborhood City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 600 Residential Neighborhood Rural Residential Urban Center Planning Cc ssion 2021 Agenda Item 13 RZN-21-000054 Jensen-Ostner Page 14 of 14 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0549 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.2 RZN-2021-055 (212 N. CROSSOVER RDJAP REAL ESTATE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-055 LOCATED AT 212 NORTH CROSSOVER ROAD FOR APPROXIMATELY 0.63 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RI-12, Residential Intermediate, 12 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 712212021 City of Fayetteville Staff Review Form 2021-0549 Legistar File ID 8/3/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 7/16/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000055: Rezone (212 N. CROSSOVER RD./AP REAL ESTATE, 488): Submitted by AARON PETERS for property located at 212 N. CROSSOVER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.63 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. 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 AUGUST 3, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: July 16, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000055: Rezone (212 N. CROSSOVER RDJAP REAL ESTATE, 488): Submitted by AARON PETERS for property located at 212 N. CROSSOVER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.63 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is in southeast Fayetteville on N. Crossover Road, approximately 3/4 mile north of the intersection of E. Huntsville and N. Crossover Road. The property is an approximately 0.63 acres undeveloped lot. Aerial imagery and Washington County property records suggest the property was developed with a single-family residence that was demolished in the late 1990's. There is a substantial difference in elevation between the property's access onto N. Crossover Road and its east property line. A roughly 13% grade is present in the area. Request: The request is to rezone the property from RSF-4 to RI-12, Residential Intermediate, 12 Units per Acre. The applicant has not submitted any specific development plans, though indicates an intent to develop the site with added residential density. Public Comment: A member of the public spoke in opposition to the request at the July 12, 2021 Planning Commission meeting. They said the request would exacerbate traffic and safety issues that already exist on N. Crossover Road. They suggested RSF-8 would make for a more compatible request, claiming that the site is too small for the eight units referenced in the applicants' public notice letter. Land Use Compatibility: Staff finds the proposed zoning to be compatible with the surrounding properties. While the property is within an area which is mostly zoned for single-family residential, the area has a variety of lot sizes and residential building types. The size of the subject lot is moderate, slightly over a half -acre, and within the Hillside Hilltop Overlay District which will Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 naturally limit the developability of the property. RI-12 is an exclusively residential zoning district by -right. Given the size of the property the rezoning could introduce a maximum of six units at the location based on the lot area minimum requirement of 10,890 square feet for a three- or four - family dwelling. The density allowed in the RI-12 zoning district would largely be limited in size given other development requirements such as parking and potential tree preservation which contributes towards protecting compatibility with surrounding single-family dwellings. A potential development would likely need to access N. Crossover Road, a Regional High -Activity Link Street. When curb cuts are necessary along these streets curb cuts are required to be shared between two or more adjoining lots and located a minimum of 250 feet from an intersection or driveway. 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 subject property is designated as a Residential Neighborhood Area which envisions primarily residential uses in a variety of complimentary building types and configurations. RI-12 would provide a greater range of residential types and density that is not currently allowed. Rezoning this property to RI-12 could act as a step-down transition between the heavily trafficked N. Crossover Road and the single- family residential zoning to the east. The infill score of this property is 5 which indicates that an incremental increase in density could be justified at this location. 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 #3, 1050 S. Happy Hollow Road) • Near Sewer Main (N. Crossover Road) • Near Water Main (N. Crossover Road) • Near Public School (Happy Hollow Elementary) • Near ORT Bus Stop (Route 20) DISCUSSION: At the July 12, 2021 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Winston seconded. Commissioners who spoke in favor of the request felt the rezoning would introduce an appropriate, marginal increase in density at the site. Specifically, Commissioners indicated that currently, the property owner could develop single-family dwellings with associated accessory dwelling units. Commissioners also discussed the property's frontage onto N. Crossover Road, specifically that the form -based requirements of the zoning district would contribute towards calming traffic on the state highway with potential developments being brought closer to the street. A member of the public spoke in opposition to the request at the meeting. They said the request would exacerbate traffic and safety issues that already exist on N. Crossover Road. They suggested RSF-8 would make for a more compatible request, claiming that the site is too small for the eight units referenced in the applicants' public notice letter. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2021-000055 AP Real Estate Close Up View S?ONE MOUNIN' CLIFFS-BLVD i c LU O Proposed � U) RI 12 N i i i RSF-4 i i i i Subject Property I � w R-O NORTH Zoning Acres RI-12 0.6 Regional Link - High Activity Hillside -Hilltop Overlay District Feet — — — Trail (Proposed) L -� -I Planning Area 0 75 150 300 450 600 _ Fayetteville City Limits 1 inch = 200 feet Total 0.6 Description PT SE NE 0.63 AC FURTHER DESCRIBED FROM 2014-1448 AS: Part of the SE 1/4 of the NE 1/4 of Section 14, Township 16 North, Range30 West, Washington County, Arkansas, being more particularly de- scribed as follows: Commencing at the SW corner of said SE 1/4 of the NE 1/4, thence N 02°37'08" E 800.00 feet; thence S 87°22'52 " E 170.57 feet to the point of beginning; thence along the right-of-way of Arkansas Highway #265 as follows: N 04°06'33" E 102,13 feet, N 03°28'43" E 103.15 feet and N 47°55'50 "E 56.14 feet; thence leav- ing said right-of-way N 73052'58" E 76.87 feet to a found iron pin; thence S 03"44'24" W 269.46 feet to a set iron pin; thence N 87"22'52" W 111.64 feet to the point of beginning, containing 0.63 acres. CITY OF i FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: July 12, 2021 SUBJECT: RZN-2021-000055: Rezone (212 N. CROSSOVER RDJAP REAL ESTATE, 488): Submitted by AARON PETERS for property located at 212 N. CROSSOVER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.63 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2021-000055 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000055 to City Council with a recommendation of approval." BACKGROUND: The subject property is in southeast Fayetteville on N. Crossover Road, approximately 3/4 mile north of the intersection of E. Huntsville and N. Crossover Road. The property is an approximately 0.63 acres undeveloped lot. Aerial imagery and Washington County property records suggest the property was developed with a single-family residence that was demolished in the late 1990's. There is a substantial difference in elevation between the property's access onto N. Crossover Road and its east property line. A roughly 13% grade is present in the area. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-FamilyResidential RSF-4, Residential Single-family, 4 Units per Acre South Undeveloped/Natural Gas Pipeline RSF-4, Residential Single-family, 4 Units per Acre East Undeveloped RSF-4, Residential Single-family, 4 Units per Acre West Multi -Family Residential RSF-4, Residential Single-family, 4 Units per Acre Request: The request is to rezone the property from RSF-4 to RI-12, Residential Intermediate, 12 Units per Acre. The applicant has not submitted any specific development plans, though indicates an intent to develop the site with added residential density. Public Comment: Staff has received no public comment to date. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along North Crossover Road. North Crossover Road is a fully improved Regional High -Activity Link Street with asphalt paving, sidewalk, curb and gutter. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 8-inch water main is present on the East side of North Crossover Road. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present on the East side of North Crossover Road. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. A portion of the subject area is within the Hillside Hilltop Overlay District (HHOD). The presence of the HHOD will apply additional restrictions at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. There are no hydric soils present on the property, the property does not lie within a FEMA floodplain, nor is there a protected stream in the area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 3, located at 1050 S. Happy Hollow Road, protects this site. The property is located approximately 1.4 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Tree Preservation: The proposed zoning district of RI-12, Residential Intermediate —12 Units per Acre requires 20% minimum canopy preservation. The current zoning district of RSF- 4, Residential Single-family 4 Units per Acre 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 6. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road) • Near Sewer Main (N. Crossover Road) • Near Water Main (N. Crossover Road) • Near Public School (Happy Hollow Elementary) • Near ORT Bus Stop (Route 20) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed zoning to be compatible with the surrounding properties. While the property is within an area which is mostly zoned for single-family residential, the area has a variety of lot sizes and residential building types. The size of the subject lot is moderate, slightly over a half -acre, and within the Hillside Hilltop Overlay District which will naturally limit the developability of the property. RI-12 is an exclusively residential zoning district by -right. Given the size of the property the rezoning could introduce a maximum of six units at the location based on the lot area minimum requirement of 10,890 square feet for a three- or four - family dwelling. The density allowed in the RI-12 zoning district would largely be limited in size given other development requirements such as parking and potential tree preservation which contributes towards protecting compatibility with surrounding single-family dwellings. A potential development would likely need to access N. Crossover Road, a Regional High -Activity Link Street. When curb cuts are necessary along these streets curb cuts are required to be shared between two or more adjoining lots and located a minimum of 250 feet from an intersection or driveway. 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 subject property is designated as a Residential Neighborhood Area which envisions primarily residential uses in a variety of complimentary building types and configurations. RI-12 would provide a greater range of residential types and density that is not currently allowed. Rezoning this property to RI-12 could act as a step-down transition between the heavily trafficked N. Crossover Road and the single-family residential zoning to the east. The infill score of this property is 5, with a weighted score of 6, which indicates that an incremental increase in density could be justified at this location. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Rezoning this property from RSF-4, Residential Single-family, 4 Units per Acre to RI-12, Residential Intermediate, 12 Units per Acre, is justified given the city's stated goals of increased infill development as well as providing additional opportunities for attainable housing. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning of the property under RI-12 will present an associated potential to increase traffic on N. Crossover Road. N. Crossover Road is a High -Activity Regional Link Street per the 2040 Master Street Plan which has a designed service volume of up to 17,600 vehicles per day. Conversely, the intersection of E. Cliffs Boulevard and N. Crossover is a hot spot for traffic crashes. There have been 14 accidents recorded at the access point of the Cliffs development and an additional four accidents have occurred on N. Crossover Road along the property's frontage. However, as previously noted, the developable potential of the property is limited by requirements like parking, tree preservation, and grading. Staff finds those requirements will inhibit the property being developed to a degree that would introduce a burdensome volume of traffic for the street network. 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: Staff finds that rezoning the property from RSF-4 to RI-12 will likely increase the population density but would not undesirably increase the load on facilities and services. The 0.63-acre property has access to existing water, sewer, and other public services that eliminate the need for costly extensions or stretched fire or police service. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2021-000055. PLANNING COMMISSION ACTION: Required YES Date: July 12, 2021 Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: O Tabled O Forwarded O Denied • Unified Development Code: o §161.07 RSF-4, Residential Single-family, 4 Units per Acre o §161.11 District RI-12, Residential Intermediate, 12 Units per Acre • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) 161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 1 12 (D) Bulk and Area Regulations. Single- Two (2) family Three (3) family family Lot width 50 feet 50 feet 90 feet minimum Lot area 5,000 square 7,260 square 10,890 square minimum feet feet feet. (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Uses & Two (2) Uses Single family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. 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 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) 3 REAL ESTATE M Statement of Compatibility to Planning Staff Regarding Re -Zone Request Parcel# 765-14274-000 The request is for the change of the zoning designation from the current RSF-4 to RI-12 for this parcel. This rezone request is supported, in part, by the variety of the surrounding zoning designations, the current types of residential structures/housing and surrounding residential density. Located directly across a busy street from one of the largest apartment complexes in the city and directly next to a city gas hub, we feel it makes this land more suitable for a higher density zoning designation than RSF-4. According to the City of Fayetteville records there are seven different zoning designations in close proximity to the parcel we wish to rezone, including RSF-4, RSF-8, RMF-24, R-O, RPZD, P-1 and MSC. The infill score of the lot we wish to rezone is five(5) which we believe makes it a candidate for an `up -zone' and the scope and vision for the rezone request would align with the aesthetics of the City of Fayetteville and the Hillside Overlay. With the lot size of .63 acres we feel there is ample size and with the lot being off a busy road we feel the zoning designation would be a better fit at the RI-12 rather than the current RSF-4. Thank you for your consideration of this rezoning request. Best Regards, Aaron Peters RZN-2021-000055 AP Real Estate One Mile View NORTH 0 0.125 0.25 0.5 Miles I I I I I I i i RSF-4 i i i I i i i I Subject Property I I IG w 'o Q) p V I i ——- —R-O RPZD MSC F- 4 I � I ' _ I WYMAN RD N loom R-A Zoning L2 General M.—I �--- RESIDENT IALSINGLE-FAMILY EXTRACTION �11G �E-1 RI-U COMMERCIAL RkU Regional Link NSL sR;iea -Gfie Raa-ti.l-Agri.h— =C-2 Regional Link - High Activity R. RSF-+S -M°BASED DISTRICTS RSF-2 Gam tom Cora M Planned Residential Link RSF-4 U-h Th—gMamRSF-, �Mamsaat camar RSF-8 Davmtovm Geneal RSF-18 Community B—,— — — — Trail (Proposed) RESIDENTIAL MULTIFAMILY Neighb.M..d services RMF-8 NeighbmMoe Conaervaban = RMF-,2 PLANNED ZONING DISTRICTS ,Fayetteville City Limits ; - - -- �RMF-,e �cammaaal,meamal,Raaien„a, Planning Area - ' = - � W 24 NSTITUTIONAL _� Planning Area Fayetteville City Limits NDUSRearyLCa memalandLight lnMa%al RZN-2021-000055 AP Real Estate Close Up View S?ONE MOUNIN' CLIFFS-BLVD i c LU O Proposed � U) RI 12 N i i i RSF-4 i i i i Subject Property I � w R-O NORTH Zoning Acres RI-12 0.6 Regional Link - High Activity Hillside -Hilltop Overlay District Feet — — — Trail (Proposed) L -� -I Planning Area 0 75 150 300 450 600 _ Fayetteville City Limits 1 inch = 200 feet Total 0.6 RZN-2021-000055 AP Real Estate NORTH Future Land Use STONE MO UNrAIN DR CLIFFS g�V p ' 0 Subject Property w 0 City w Residential W Neighborhood _ Neighborhood Z O - co co O U Civic and r , Private ' Open Space City Neighborhood Civic Institutional Civic and Private Open Space - Regional Link Industrial - Regional Link - High Activity Feet Natural Planning Area Non -Municipal Government 0 112.5 225 450 675 900 Fayetteville City Limits Residential Neighborhood 1 inch = 300 feet Rural Residential - - - Trail (Proposed) Urban Center City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0547 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 VAC-2021-021: (3988 W. MOUNTAIN VIEW DR./MOUNTAIN RANCH): AN ORDINANCE TO APPROVE VAC 21-0021 FOR PROPERTY LOCATED AT 3988 WEST MOUNTAIN VIEW DRIVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of general utility easement is not required for corporate purposes. 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 vacates the portion of general utility easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 712212021 City of Fayetteville Staff Review Form 2021-0547 Legistar File ID 8/3/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 7/16/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2021-000021: Vacation (3988 W. MOUNTAIN VIEW DR./MOUNTAIN RANCH, 478): Submitted by BUILD COLLECTIVE LLC. for property located at 3988 W. MOUNTAIN VIEW DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 0.30 acres. The request is to vacate a portion of an existing utility easement totaling 0.03 acres. 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 AUGUST 3, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: July 16, 2021 CITY COUNCIL MEMO SUBJECT: VAC-2021-000021: Vacation (3988 W. MOUNTAIN VIEW DR./MOUNTAIN RANCH, 478): Submitted by BUILD COLLECTIVE LLC. for property located at 3988 W. MOUNTAIN VIEW DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of an existing utility easement totaling 0.03 acres. RECOMMENDATION: Staff recommends approval of VAC-2021-000021 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense; BACKGROUND: The subject property includes a portion of an existing general utility easement located on Lot 11 of the Mountain Ranch Phase I subdivision. The lot was platted in 2006 and a single-family residence was constructed on the property in 2008. The applicant intends to construct a small storage outbuilding on the northwest corner of the lot, which will require vacating a portion of the 25-foot-wide easement to the west and a portion of the 20-foot-wide easement to the north. Request: The applicant proposes a vacation of a portion of an existing utility easement as indicated in the attached exhibits, totaling approximately 0.03 acres. Approval of the vacation will allow for the construction of a small storage outbuilding on the northwest corner of this property. DISCUSSION: In mid-2020, the City Council amended the Unified Development Code to allow vacations of utility easements to proceed directly to Council without first being heard by the Planning Commission. With submittal of the required vacation forms and utility approval, staff recommends approval. BUDGET/STAFF IMPACT: N/A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate VAC-2021-000021 Close Up View Regional Link Neighborhood Link Planning Area 1 t — — Fayetteville City Limits ---• Shared -Use Paved Trail Trail (Proposed) Shirley FP-1 l1 ill w / e 4N 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � I W J EXHIBIT 'A' VAC-2021-000018 �y ------------------- PERSIMMON STi - - - - - z '� z OUNTAINVIEWDR—MAI 2 I 1 Feet 0 55 110 220 330 440 1 inch = 150 feet RSF-4 MOUNT VI WVI �R OVz F R Q� \ CA °�v NORTH Residential -Agricultural RSF-4 Commercial, Industrial, Residential P-1 VAC-2021-000021 EXHIBITS' Legal Description for Proposed Easement Reduction Area A PART OF LOT 11, MOUNTAIN RANCH SUBDIVISION, FINAL PLAT PHASE 1 TO THE CITY OF FAYFTTEVILLE, WASHINGTON COUNT, ARKANSAS, AS SHOWN ON PLAT RECORDED IN BOOK 23, PAGE 280, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 518" REBAR MARKING THE NORTHEAST CORNER OF THE SAID LOT 11, AND RUNNING S02"55'02-W 15.00' AND N87"00'33-W 10.00' TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE S02"55'02"W 5.00 ; THENCE N87"00'33"W 52.86; THENCE S09"03'51"W 73.80; THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 15.00', AN ARC LENGTH OF 25.10', AND A CHORD BEARING AND DISTANCE OF S38"45'47"E 22.2T: THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 26AT, AN ARC LENGTH OF 32.38', AND A CHORD BEARING AND DISTANCE OF N51"28'40"W 30.44; THENCE N09"03'51 "E 77.75 ; TIIENCE S87"00'33"E 62.38' TO THE TRUE POINT OF BEGINNING, CONTAINING IN ALL 0.026 ACRES, OR 1,142 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAYS OF RECORD. BUILD COLLECTIVE COVER LETTER — FOR A GENERAL UTILITY EASEMENT VACATION ONLY APPLICATION REQUEST June 21, 2021 To: Fayetteville Planning Commission and City Council Development Services Building 125 W. Mountain Street Fayetteville Arkansas, 72701 Re: General Utility Easement Vacation Only to an Existing Address Located at 3988 West Mountain View Drive, Fayetteville Arkansas. Lot 11, Mountain Ranch Subdivision, Final Plat Phase 1, Plat Book 23, Page 280. Parcel # 765-26790-000 Scope of Request for the General Utility Easement : To whom it may concern: My name is Bill Cochran, the owner of Build Collective LLC; I am the applicant and designer working on behalf of Wes Shirley owning the address listed above. My client's wish — if so granted — is to vacate only a portion of an existing utility easement in said back yard. The approximate dimensions are listed within the submitted documents; ie: legal description, and filed property survey which approximately requests a 10' - 0" vacation located on the West side of the property along Rupple Road and approximately a 5' - 0" vacation facing North to an existing detention pond. With that being said, and as you will find in the documents submitted through the online portal system, we have successfully obtained all signatures from the Utility Companies involved. Our design intent is to develop a small storage outbuilding located in the North West corner in the backyard of this "corner lot" (you will find the beginning of new construction located on the North West corner of the provided survey completed by Blew & Associates). With your help, they will be able to utilize their lot more efficiently and at the same time appease and not affect any utility companies' lines or access. This request of the General Utility Easement Vacation in turn does not affect any neighboring owners as this Vacation Request is entirely contained within the said owner's property. Also, this is an established subdivision that does not intend to expand; this has been confirmed by the developer in ownership of the land and community. On behalf of my client and I, we truly thank you for your time and give thanks to the Planning Commission for the City of Fayetteville on the chance to complete this request. Regards, BILL COCHRAN OWNER I LEAD DESIGNER BUILD COLLECTIVE LLC 3100 SHERYL AVENUE FAYETTEVILLE ARKANSAS 72703 Phone: 479-409-3387 Email: bill@buildcollective.co Page 1 of 1 Project 2014 — DE — Shirley Residence, General Utility Easement Application 3100 N Sheryl Avenue I Fayetteville, AR 72703 1 phone: (479) 409-3387 1 email:bill@buildcollective.co J n O U 0 ry z 5w � w^1 V / w I NO N2'OHb30MOd'N azmm¢ z f 111 Rio= > z'op3 w 'N Saw o_ o° 4��'w mm• 'sp � � ��O¢•• ,a.••a 6�'. az 3yddnz _�mo -,m-� %c7 'm�'z' �.�: < � o•' m O zo m>ozz zoo °w p�i{l'•........ 'a0'�p _owm '�bj •. 4�. owwF_z paw �m S Z. N1Q<w moo L< PROFESO`' oo�wz� wwz A�€� wrc uz, wox .w a X Iw .00'S1LL `owl M „Zq.55.Z0 S x° to N I 3a a 3n `s_s'e_sz 7 QpP �LL % � � aae3 bulaua 3:�'XV + r n Q n a �� U z $ g a ti va 20 lAZ o > nj mwOw x °u i �O r ia � m peo�i add -; x"bb ,Z) _ I-� wT. 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G¢o w o wrc .howmF° ¢ „Nw�a�oW ow,y LL �m0 mz m¢ ,F55 a IJ_Jj¢p ym3 Kw Oz° pOfNd()F �.v�' one u m wp "° - o oF� xzww aoz=ay°m �o'aow� r oyrczu3o3'z�wwz� ° NN i uo �un�o zo�ao"rcmm�o�oox� �W rc y„ - S wN y-y r�> wpo m p -mg io�wmaao �o>oi wrcwN�>iozo�orciozwI �3ww w mz`0rc zmw c°i� M. goo oo? p3y y� �:u'o mS wv, u w>wao aOum�3 wa�pmu°mI-.. I- �morc m$aa r°i N1mrc Nwu i z �rc r zI w z z -wO �o .°mw $>wrcyw%w i3 0, ~owm3aw ouw¢ul� oww° ow���wmwzo �w� �_ °m w cwi l w m -° o 3 y m s' m III I I I •®®®oo®o®�; BUILD COLLECTIVE PETITION TO VACATE — FOR A GENERAL UTILITY EASEMENT VACATION ONLY APPLICATION REQUEST June 21, 2021 To: Fayetteville Planning Commission and City Council Development Services Building 125 W. Mountain Street Fayetteville Arkansas, 72701 Re: Petition to Vacate to an Existing Address Located at 3988 West Mountain View Drive, Fayetteville Arkansas. Lot 11, Mountain Ranch Subdivision, Final Plat Phase 1, Plat Book 23, Page 280. Parcel # 765-26790-000 Petition to Vacate - for the General Utility Easement Vacation : We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandonedand vacated, lying in (lot, block, subdivision), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: Legal Description of Area to be Vacated COMPLETED FIELD WORK: MARCH 1, 2021 BASIS OF BEARING: BEARINGS BASED ON GRID NORTH FOR ARKANSAS COORDINATE SYSTEM, NORTH ZONE, NAD83. LATITUDE= 36"04' 11.65934" LONGITUDE" -94"13'02.46983" CONVERGENCE ANGLE= -I " 17'24.91424" DISTANCES SHOWN ON PLAT ARE GRID. COMBINED SCALE FACTOR (GRID TO GROUND)" 1.000028266798989 REFERENCE DOCUMENTS: 1. WARRANTY DEED FILED IN DEED BOOK 2012 AT PAGE 27902. 2. SUBDIVISION PLAT FILED IN PLAT BOOK 23 AT PAGE 260. DIMENSIONS ON THIS PLAT ARE EXPRESSED IN FEET AND DECIMAL PARTS THEREOF UNLESS OTHERWISE NOTED. MONUMENTS WERE FOUND AT POINTS WHERE INDICATED. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONE "X" OF THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 05143CO205F, WHICH BEARS AN EFFECTIVE DATE OF 5/16/2008 AND IS NOT IN A SPECIAL FLOOD HAZARD AREA. EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PLAT, THIS SURVEY DOES NOT PURPORT TO REFLECT OF ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT PROPERTY: EASEMENTS, OTHER THAN POSSIBLE EASEMENTS WHICH WERE VISIBLE AT THE TIME OF SURVEY; RESTRICTIVE COVENANTS; SUBDIVISION RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS WHICH AN ACCURATE TITLE SEARCH MAY DISCLOSE. SURVEY DESCRIPTION: PARCEL #765-26790-000 LOT 11, MOUNTAIN RANCH SUBDIVISION FINAL PLAT PHASE I TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION RECORDED IN PLAT BOOK 23, PAGE 280, RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY. ARKANSAS. EASEMENT REDUCTION AREA A PART OF LOT 11. MOUNTAIN RANCH SUBDIVISION, FINAL PLAT PHASE 1 TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNT, ARKANSAS, AS SHOWN ON PLAT RECORDED IN BOOK 23, PAGE 280, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 5/8" REBAR MARKING THE NORTHEAST CORNER OF THE SAID LOT 11, AND RUNNING S02"55'02-W 15.00' AND N87"00'33-W I0.00' TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE S02"55'02"W 5.00; THENCE N87"00'33"W 52.86; THENCE S09"03'51"W 73.80; THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 15.00', AN ARC LENGTH OF 25.10', AND A CHORD BEARING AND DISTANCE OF S38"45'47"E 22.2T: THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 26AT, AN ARC LENGTH OF 32.38', AND A CHORD BEARING AND DISTANCE OF N51"28'40"W 30.44; THENCE N09"03'51"E 77.75; THENCE S87"00'33"E 62.38' TO THE TRUE POINT OF BEGINNING, CONTAINING IN ALL 0.026 ACRES, OR 1,142 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAYS OF RECORD. That the abutting real estate affected by said abandonment of the utilities are: NOT APPLICABLE DUE TO THIS PROPERTY BEING A CORNER LOT WITH NO ABUTTING NEIGHBORING UTILITY ISSUES. ENTIRE UTILITY VACATION REQUEST SUBMITTED DOES NOT IMPEED ON ADJOINING NEIGHBOR PROPETIES. City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described realestate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and thattitle to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and asto that particular land the owners be free from the easements of the public for the use of said alley. Dated this2,1day of , 20_2 [. Printed Signature Printed Name Signature City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0551 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: CA APPEAL ADM-2021-038 (2512 W. MT. COMFORT RD./HAYS): A RESOLUTION TO GRANT THE APPEAL OF DANIEL HAYS AND APPROVE A MAJOR MODIFICATION OF LARGE SCALE DEVELOPMENT LSD 19-6780 BY GRANTING A VARIANCE TO THE CITY'S ACCESS MANAGEMENT STANDARDS TO ALLOW A SECOND DRIVEWAY AT 2512 WEST MOUNT COMFORT ROAD WHEREAS, on November 25, 2019, the Planning Commission approved Large Scale Development application LSD 19-6780 for a Casey's General Store on a parcel of land at the corner of Mount Comfort Road and Shiloh Drive that was being subdivided from a larger parcel owned by the Lloyd and Joan Hays Revocable Trust; and WHEREAS, the large scale development was approved with a condition requiring a shared driveway between the subdivided parcels and closure of an existing driveway to the west of the new shared driveway; and WHEREAS, Daniel Hays submitted an application for a major modification of the large scale development approval that would allow the second driveway to remain on their property at 2512 West Mount Comfort Road and on June 28, 2021, the Planning Commission voted 5-1 to deny the modification; and WHEREAS, on July 8, 2021, Daniel Hays submitted an appeal to the City Clerk in which he asserts that Casey's General Store was not authorized to negotiate the closure of the existing driveway in favor of a shared access driveway and that the existing driveway provides safer access and should remain open. 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 grants the appeal of Daniel Hays and approves a major modification of Large Scale Development LSD 19-6780 by granting a variance to the City of Fayetteville's access management standards to allow a second driveway at 2512 West Mount Comfort Road. City of Fayetteville, Arkansas Page 1 Printed on 712212021 CityClerk From: Danny Hays <danny@trailwoodrv.com> Sent: Thursday, July 8, 2021 9:37 PM To: CityClerk; Pennington, Blake Subject: Fwd: appeal to be heard by city council Categories: 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. Sent from my iPhone Begin forwarded message: From: Danny Hays <trailwoodrv@sbcgloba1.net> Date: July 8, 2021 at 5:24:25 PM CDT To: Danny Hays <danny@trailwoodrv.com> Subject: appeal to be heard by city council DANIEL HAYS 2556 WEST MOUNT COMFORT RD # 29 FAYETTEVILLE, AR 72704 ADM 2021-000038 This application is to appeal the denial given by the PLANNING COMMISSION and have this heard by the CITY COUNCIL. Casey's nor the City of Fayetteville has offered any compensation for the taking of the driveway at 2512 West Mount Comfort Rd. Casey's was not authorized to negotiate any part of parcel # 765-13582-000 other than what was being purchased by Casey's (new parcel # 765-13582-101 ) and 30-feet construction easement. Casey's was not authorized to negotiate property over 60 feet from what they purchased. By denying me the use of my current driveway you are putting me in increased danger by forcing me to make a left at the stop light where traffic is obstructed due to the curve coming off Porter Rd to West Mount Comfort Rd. Currently, I have a better visibility to oncoming traffic before I make a left turn. Keeping our current driveway is not increasing traffic on West Mount Comfort Rd. It is a Private Drive. The left turn signal at the traffic light does not always have the arrow protecting you when making a left turn from oncoming traffic. The current driveway gives additional time to view oncoming traffic before making a turn. If Fayetteville is concerned with the safety of citizens driving on West Mount Comfort Rd., then enforcing the speed limit and fining people for running red lights should be a top priority. Sincerely, Daniel Hays 07-08-2021 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 3, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: July 16, 2021 CITY COUNCIL MEMO SUBJECT: ADM-2021-000038: Administrative Item (2512 W. MT. COMFORT RD./HAYS 324): Submitted by DANIEL HAYS for property located at 2512 W. MOUNT COMFORT RD. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 21.50 acres. The request is to appeal the Planning Commission's denial of a major modification to LSD 19-6780. RECOMMENDATION: The Planning Commission and City Planning staff recommend denial of a request for a major modification to the Casey's General Store large scale development associated with LSD 19-6780 as described and shown in the attached Exhibits W. BACKGROUND: The subject property is located northwest of the intersection of W. Mount Comfort Road and N. Shiloh Drive, approximately 1/10th of a mile north of the interchange between 1-49 and Porter Road. The property is currently the site of a mobile home park, a barn, and semi -trailer storage. Previously, the lot included the roughly two -acre property that adjoins to the southeast. In 2013, the corner lot was split from the subject property and City Council approved a request to rezone most of the corner lot from RSF-4, Residential Single-family, 4 Units per Acre, to C-1, Neighborhood Commercial (RZN 13-4467). The larger tract maintained its R-A zoning, and the corner lot generally followed the C-1 boundary. A subsequent large scale development (LSD 13- 4568) was approved to develop a Kum & Go gas station, but construction never occurred. The development entitlements subsequently expired without construction. In 2019 a large scale development was approved to locate a Casey's General Store on the corner lot (LSD 19-6780). As a part of the Casey's large scale development, the applicant proposed to close an off -site driveway to address traffic safety concerns. This was a factor in staff's support for a new curb cut on to Mount Comfort that serves Casey's. A building permit was issued in September of 2020 and a temporary certificate of occupancy issued in January 2021. Request: The applicant requests a major modification to the previously -approved large scale development. The large scale development approved a 6,000-square foot convenience store, associated parking, and gas pump canopy for 14 pumps to be located on the adjoining corner lot. The current request would amend the conditions of approval of LSD 19-6780 to allow the applicant Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 to maintain use of an existing driveway that the Planning Commission required be closed as a part of project approval. In addition to a major modification, this appeal represents a variance of the City's access management standards. Along streets of Mount Comfort's Master Street Plan designation, a Regional Link, 250 feet are required between curb cuts. Public Comment: Staff received a call from a neighboring property owner who is opposed to the modification. They suggested an additional driveway onto W. Mount Comfort Road would contribute to an unsafe environment along the roadway. DISCUSSION: At the May 13, 2021 Subdivision Committee meeting, Committee members voted to deny a major modification to LSD 19-6780 with a vote of 3-0-0; Commissioner Sparkman made the motion, with Commissioner Wiederkehr seconding. The Committee found that granting a variance would exacerbate traffic concerns in the area and therefore could not support re -orienting access to the properties. There were no comments from the public at the meeting. At the June 28, 2021 Planning Commission meeting, Commissioners voted to deny the item as requested with a vote of 5-1-0; Commissioner Canada made the motion, with Commissioner Belden seconding. Commissioner Winston, who was in favor of the request, found that the existing driveway was critical in serving the current use of the property and that the presence of a gate limited the potential to create a traffic hazard. Commissioners opposed to the request acknowledged that access to the property is still provided and re -affirmed the findings of the Subdivision Committee that granting the additional access point would contribute to dangerous traffic situation on W. Mount Comfort Road. There were no comments from the public at the meeting. 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Box 3001, Ankeny, IA 50021515-96&6100 ENk[kEER 1�'Aa'ip 1.zJ.zo2a 1 Jl�— iR JI "° "" ;�"' Fayetteville, Washington County, Arkansas Issued for Review — t23.2020 CITY OF i FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner Josh Boccaccio, Staff Engineer MEETING DATE: June 28, 2021 SUBJECT: ADM-2021-000038: Administrative Item (2512 W. MT. COMFORT RD./HAYS 324): Submitted by DANIEL HAYS for property located at 2512 W. MOUNT COMFORT RD. The property is zoned R-A, RESIDENTIAL - AGRICULTURAL and contains approximately 21.5 acres. The request is to appeal the May 13, 2021 Subdivision Committee decision to deny a major modification to the Casey's General Store large scale development associated with LSD 19-6780. RECOMMENDATION: Staff recommends denial of ADM-2021-000038. RECOMMENDED MOTION: "I move to deny ADM-2021-000038." May 13, 2021 SUBDIVISION COMMITTEE MEETING: On May 13t", the Subdivision Committee voted 3-0-0 to deny the request for a major modification to LSD 19-6780. The Committee found that granting a variance would exacerbate traffic concerns in the area and therefore could not support re -orienting access to the properties. BACKGROUND: The subject property is located northwest of the intersection of W. Mount Comfort Road and N. Shiloh Drive, approximately 1/10t" of a mile north of the interchange between 1-49 and Porter Road. The property is currently the site of a mobile home park, a barn, and semi -trailer storage. Previously, the lot included a roughly 3,600 square foot property that adjoins to the southeast. In 2013, City Council approved a request to rezone the southeast corner of the overall property from RSF-4, Residential Single-family, 4 Units per Acre, to C-1, Neighborhood Commercial (RZN 13- 4467). After the rezoning was approved, a lot split divided the original lot into the two properties that are reflected today. The larger tract followed the R-A boundary, and the corner lot generally followed the C-1 boundary. A subsequent large scale development (LSD 13-4568) was approved to develop a Kum & Go gas station, but construction never occurred. Staff was unable to determine what permits, if any, were submitted with the request. In 2019 a large scale development was approved to locate a Casey's General Store on the property (LSD 19-6780). A building permit was issued in September of 2020 and a temporary certificate of occupancy issued in January 2021. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Storage R-A, Residential Agricultural South Single-family Residential; RSF-4, Residential Single-family, 4 Units per Acre West Storage R-A, Residential Agricultural East Car Dealership C-2, Commercial Thoroughfare Proposal. The applicant requests a major modification to the previously -approved large scale development. The large scale development approved a 6,000-square foot convenience store, associated parking, and gas pump canopy for 14 pumps to be located on the adjoining property. The current request would amend the conditions of approval of LSD 19-6780 to allow the applicant to maintain use of the existing driveway. DISCUSSION: Staff finds that the modification will likely contribute to a dangerous traffic condition on W. Mount Comfort Road. W. Mount Comfort Road is classified as a Regional Link Street along the property's frontage. Typically, Regional Link Streets encourage shared curb cuts for adjoining lots or require a curb cut separation distance of 250 feet from an intersection or driveway. By allowing an additional curb cut, three driveways would be located within roughly 350 feet of one another. High traffic volumes created by the approved large scale development and corresponding turning movements along a busy roadway and intersection will significantly increase the risk for accidents and begin to reduce the capacity levels of W. Mount Comfort Road. The opinion that maintaining the curb cut would create an unsafe condition is shared among both staff and commissioners who considered the previous iterations of development at the location. Dating back to the original Kum & Go request, staff and commissioners have been consistent in only recommending approval when the two access points were combined into a single, right-in/right-out curb cut. Further, the intersection of W. Mount Comfort Road and N. Shiloh Drive is a hot spot for traffic crashes. From 2015-2018 fourteen accidents were reported in the intersection alone; seven additional accidents were reported along the property's frontage. Pursuant to Fayetteville Unified Development Code §166.02(C)(2), the Planning Commission has grounds to deny a large scale development for the following reason: (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. Staff recommends ingress to the subject property be provided through the Casey's development as intended with the approval of the large scale development. A shared right-in/right-out driveway straddles the property line between the subject property and Casey's. While admittedly not ideal for the mobile home and RV park, a 30-foot access easement (15 feet on each side of the property line) was platted in April of this year. The easement overlays the driveway and ensures both properties are provided legal ingress and egress. The impetus behind the request is likely due to either miscommunication or lack of communication between representatives for the large scale development and the applicant. The applicant informed staff that they were not made aware of the required changes to access until after the building permit had been approved and likely during certificate of occupancy inspections. The driveway has historically been used to facilitate bringing large vehicles, trailers, and RVs onto the property. The driveway is ideal because it is long, straight, and has a gradual slope which prevents vehicles and trailers from bottoming -out. According to the applicant Ozarks Electric also uses the driveway when servicing power lines. Public Comment: Staff received a call from a neighboring property owner who is opposed to the modification. They suggested an additional driveway onto W. Mount Comfort Road would contribute to an unsafe environment along the roadway. RECOMMENDATION: Staff recommends denial of ADM-2021-000038, finding that the proposal does not meet the requirements of the access management ordinance and will create or compound a dangerous traffic condition. Should the Planning Commission choose to approve the project, staff recommends the following conditions of approval: 1. Planning Commission determination of an amendment to approve a variance of Fayetteville Unified Development Code §166.08(F), Access Management, to allow a full - access curb cut on to W. Mount Comfort Road. Staff recommends denial of the requested variance for the reasons outlined above. Staff maintains the previously approved right- in/right-out with an access easement is appropriate instead; 2. All conditions of approval of LSD 19-6780 not affected by this modification shall remain in effect; 3. Conditions of approval from Engineering, Urban Forestry, Fire Department, Solid Waste & Recycling, and Parks Department are included in the official conditions of approval, attached hereto. (PLANNING COMMISSION ACTION: (Date: June 28, 2021 O Tabled Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: Required YES O Approved O Denied • Unified Developed Code: o §166.08(F) —Street Design and Access Management Standards • Exhibit • City Engineering Memo • Public Comment • Request Letter • Appeal Letter • Approved Site Plan and Conditions of Approval (LSD 19-6780) One Mile Map Close-up Map Current Land Use Map 166.08 - Street Design And Access Management Standards (A) Intent. These standards are intended to ensure that development is designed to be inherently safe, walkable, and efficient for the facilitation of traffic and pedestrian movements. (B) Fitness for Development. Based on topographic maps, soil surveys prepared by the Department of Agriculture and drainage information from the Future Land Use Plan and the Hillside/Hilltop Overlay District, the Planning Commission may require that steep grades, unstable soil and flood plains be set aside and not subdivided until corrections are made to protect life, health, and property. (C) Applicability. The standards set forth herein shall apply to land which is proposed to be developed with new primary structures and all other developments where the creation of public streets are required, or proposed, or in which new or existing access is created or modified; or developments or expansions containing non -conforming access features which meet the thresholds set forth in subsection (G). (F) Access Management. Safe and adequate vehicular, bicycle, and pedestrian access shall be provided to all parcels. Residential link streets and driveways shall not detract from the safety and efficiency of bordering arterial routes. Property that fronts onto more than one (1) public street shall place a higher priority on accessing the street with the lowest functional classification, e.g., residential and neighborhood links. In a case where the streets have the same classification, access shall be from the lower volume street, or as determined by the City Engineer. (1) Curb Cut Separation. For purposes of determining curb cut or street access separation, the separation distance shall be measured along the curb line from the edge of curb cut to the edge of curb cut/intersection. The measurement begins at the point where the curb cut and intersecting street create a right angle, i.e., the intersection of lines drawn from the face -of -curb to face -of -curb. The measurement ends at the point along the street where the closest curb cut or street intersection occurs; again, measured to the point where the curb cut or intersecting streets create a right angle at the intersection of face -of -curb. In all cases curb cuts shall be a minimum of 5 feet from the adjoining property line, unless shared. (2) Separation for two (2) family, three (3) family, multi -family and nonresidential development. (a) Regional and Regional High Activity Links. Where a street with a lower functional classification exists that can be accessed, curb cuts shall access onto those streets. When necessary, curb cuts along regional links shall be shared between two (2) or more lots. Where a curb cut must access the regional link, it shall be located a minimum of 250 feet from an intersection or driveway. (b) Neighborhood Links. Curb cuts shall be located a minimum of 100 feet from an intersection or driveway. When necessary, curb cuts along neighborhood links shall be shared between two (2) or more lots. (c) Residential Links. Curb cuts shall be located a minimum of 50 feet from an intersection or driveway. In no case shall a curb cut be located within the radius return of an adjacent curb cut or intersection. (3) Separation for Single -Family Homes. (a) For all street classifications, curb cuts shall be located a minimum of 10 feet from another driveway. Driveways serving corner lots shall be located as far from the street intersection as possible while still meeting a 5-foot separation from an adjoining property line. In no case shall a curb cut be located within the radius of an adjacent curb cut or street intersection. (b) Regional and Neighborhood Links. Individual curb cuts along regional and neighborhood links streets shall be discouraged. When necessary, curb cuts along regional and neighborhood link streets shall be shared between two (2) or more lots. (4) Reduction in Separation Distance. In order to protect the ingress and egress access rights to a street of an abutting property owner, the City Engineer may reduce the separation distance of existing and proposed access points where strict compliance proves impractical, provided that joint access driveways and cross access easements are provided wherever feasible, and the ingress/egress curb cut is placed at the safest functional location along the property. (5) Speed. All streets should be designed to discourage excessive speeds. (G) Non -Conforming Access Features. (1) Existing. Permitted access connections in place on the date of the adoption of this ordinance that do not conform with the standards herein shall be designated as nonconforming features and shall be brought into compliance with the applicable standards under the following conditions: (a) When new access connection permits are requested; (b) Upon expansion greater than 50% of the property's appraised or market value as established by the Washington County Assessor; or (c) As roadway improvements allow. (d) With development of a new primary structure on the property. (Code 1965, App. C., Art. IV, §§C, D, F—H; Ord. No. 1750, 7-6-70; Ord. No. 1801, 6-21-71; Ord. No. 2196, 2-17-76; Ord. No. 2353, 7-5-77; Code 1991, §§159.45, 159.58, 159.51-159.53; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4757, 9-6-05; Ord. No. 4919, 9-05-06; Ord. No. 5156, 8-5-08; Ord. No. 5296, 12-15-09; Ord. No. 5546, 12-04-12; Ord. No. 5642, 12-03-13; Ord. No. 6179, §1, 4-16-19; Ord. No. 6207 , §§1-4, 7-16-19; Ord. No. 6244 , §1, 10-1-19; Ord. No. 6350 , §4(Exh. C), 8-18-2020) ;avn CITY OF ._ FAYETTEVILLE ARKANSAS TO: Ryan Umberger, Planner FROM: Josh Boccaccio, Staff Engineer DATE: May 3, 2021 SUBJECT: Subdivision Committee Engineering Comments for ADM 2021-000038 STAFF MEMO Comments: Engineering does not support the applicant's request to maintain access to the existing drive west of the newly constructed entrance to Casey's General Store. In certain situations, Engineering can administratively approve variances to access management standards. Given the fact the property in question has an access easement from both entrances to Casey's and the proximity of the driveways on Mt Comfort, we cannot support a variance to access management standards and recommend denying the applicant's request. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 From: Scott Barton <wsbarton@uark.edu> Sent: Wednesday, May 12, 2021 9:37 AM To: Umberger, Ryan <rumberger@fayetteville-ar.gov> Subject: RE: Casey's Modification (ADM-2021-000038) In response to the request for driveway to Mt. Comfort additional to what was contracted for with Casey's by the Hays. I am not in favor of the access in that particular spot as I believe the future congestion to that already busy location would present much trouble for the city. If they need into that space they should ask for access from Deane Soloman or Emil. They contracted with Casey's for access to Mt. Comfort through Casey's parking lot when they sold and need to stick with that plan that was approved by planning and not try to get a new plan approved that will definitely cause traffic trouble to an already busy and getting much busier in the future intersection approach. I understand their desire to have a private entrance as it would drive the property value back up they own behind Casey's but it was sacrificed to allow the Casey's sale to proceed and I think wisely by planning and should not be re- introduced due to infrastructure problems it will create in the immediate future. I do not want the 21 acre parcel they own to be allowed to be used for a "catch all" for every piece of chattel the Hay's find in the course of their lives as it appers to be used for presently. I want that field cleared of all the storage of everything dangerous and pest harboring as soon as possible. Rats, snakes and other are growing. I do not want RV's being lived in in that field nor a growth of the "Trailer Park" approved for it either. Thank you, Concerned, multiple home owner, adjacent to proposal Joan C Hays 2556 West Mount Comfort Rd # 29 Fayetteville, AR 72704 This Application is to request to leave open the driveway at 2512 West Mount Comfort Rd west of the Casey's Country Store. The Hays family has used this driveway for over 50 Years. We did not understand that the driveway was to be cut off per the building of the Casey's Country Store driveway. The driveway is a long driveway in order to cut the slope down so when pulling trailers in, they will not drag. We hope that you can amend the Casey's Country Store large scale development plans to allow us to continue using our driveway. Sincerely, Joan C. Hays DANIEL HAYS 2556 WEST MOUNT COMFORT RD # 29 FAYETTEVILLE, AR 72704 ADM 2021-000038 This application is to appeal the denial give by the SUBDIVISION COMMITTEE and have this heard by the PLANNING COMMISSION. From all the information I can find Casey's had the authorization to file for a application for the development of the property Casey's wanted to develop. Property that was not included in any easement was not authorized to be negotiated by Casey's. Everything I have read pertaining to the shared driveways with Casey's says for future development. We are not developing any part of the adjoining property. We are not constructing a new driveway. The driveway addressed as 2512 West Mount Comfort Rd has been existence for over 50 years and was built and sloped to bring Mobile homes into the field along with equipment and trailers. The current Casey's driveways are not designed for over sized trailer to be used to access the joining property. Keeping our current driveway is not increasing traffic on West Mount Comfort Rd and is actually safer for us than making a left at the stop light at West Mount Comfort Rd and North Shiloh Dr. The left turn signal at the traffic does not all ways have the arrow protecting you when making a left turn from oncoming traffic. The current driveway gives additional time to view on coming traffic before making a turn. That is also true with a right turn. The corner at Porter Rd and the traffic light limits your view when making a left at the light and the speed that some people drive does not give the time needed to make the turn. If Fayetteville is concerned with the safety of citizens driving on West Mount Comfort Rd. then I would think the speed that some people drive would be a huge concern. I would also like to mention that our current driveway has been used by the Fayetteville Police dept. to park when monitoring traffic. Sincerely, C�� /A/ #Ivg— Daniel Hays 05-26-2021 Y m v«u��a�u. 9Ek CIIY OF fAVErtENL�LEIE�fiolA, k. CASEY'S s 118 MORRISON SHIPLEYADJACENT INFORMATION PLAN Y'-3a' CASEY'S CONSTRUCTION DIVISION C-102 rwwwm.r One Convenience Blvtl., P.O. Box 3001, Ankeny, IA 00021 515-9fi5-fi100 V I L 3 Fayetteville, Washington County, Arkansas Issued for Review - 11.13.19 Adjacent Streets and Master Street Plan Rights -of -Way: This property has direct access to two Minor Arterial Streets, Mount Comfort Road to the south and Shiloh Drive to the east. Right -of -Way to be Dedicated: In accordance with the Master Street Plan section for a Minor Arterial Street, right-of-way is to be dedicated along the property's Shiloh frontage to 33.5 feet from centerline. Adequate right-of-way exists along Mount Comfort Road. Street Improvements: Mount Comfort Road: Staff recommends installation of streetlights and repair of damaged sidewalks, as needed, along the property's Mount Comfort frontage. Shiloh Drive: Staff recommends installation of streetlights and repair of damaged sidewalks, as needed, along the property's Shiloh frontage. Additionally, staff recommends restriping portions of the existing Shiloh Drive turn lane to allow northbound traffic to utilize it when entering the subject property. Water and Sewer System: Public water and sewer lines are available to the site. No new public mains are proposed with this project. Tree Preservation: Canopy minimum requirement: 20% Existing canopy: 1.0% Preserved canopy: 0.0% Mitigation required: 1,580 square feet (Five 2-inch caliper trees) Parkland Dedication or Fees In -lieu: Not applicable for non-residential development. Public Comment: At a Ward 4 meeting, staff received public inquiries but no clear statements of opposition or support to the project. Concerns were expressed about the potential effect of the project on traffic, but also that it may be an improvement to have this service in the area. Since that meeting, staff has received support for the project from neighboring residents and business owners, citing the need for services along Mount Comfort. RECOMMENDATION: Staff recommends approval of LSD 19-6780, with the following conditions. At the September 12, 2019 Subdivision Committee, the Committee forwarded the item to the full Planning Commission with a recommendation of denial, agreeing with staff's recommendation that a full -access curb cut on Mount Comfort Road represented a dangerous traffic condition. The request was subsequently tabled at the applicant's request to revise the proposal as described in this report. Conditions of Approval: Planning Commission determination of street improvements. Staff recommends: a. Mount Comfort Road: Staff recommends installation of streetlights and repair of damaged sidewalks, as needed, along the property's Mount Comfort frontage; and a. Shiloh Drive: Staff recommends installation of streetlights and repair of damaged sidewalks, as needed, along the property's Shiloh frontage. Additionally, staff recommends restriping portions of the existing Shiloh Drive turn lane to allow northbound traffic to utilize it when entering the subject property. GAETC\Development Services Review\2019\Development Services\19-6780 LSD 2486 W. Mt. Comfort Rd. (Casey's General Store) 324\03 Planning Commission\11-25-2019 Subdivision Committee recommended in favor of staff -recommended street improvements. With the previous proposal for full access on Mount Comfort, staff and the Subdivision Committee recommended extension of the center turn lane to include road widening, reconstruction, utility relocation, striping, and other improvements as necessary to provide adequate transition and stacking. With revision to a right-in/right-out curb cut on Mount Comfort, staff's recommends the above under Condition 1.a. 2. Planning Commission determination of compliance commercial design standards. Staff finds that the submitted building elevations generally comply with the requirements of the Commercial, Office, and Mixed -use Design and Development Standards, excepting the requirement for a prominent entrance facing adjacent streets. Although a door has been proposed, it is not prominent. Additionally, staff finds that the access easement as proposed does not meet the requirement for provision of cross access. Staff recommends additional architectural treatment to the east fagade to make the entrance located there prominent and access easement dedication as outlined in the attached exhibit; Subdivision Committee and staff recommended denial of the previously - requested variance of design standards to not provide an entrance addressing both Shiloh and Mount Comfort. Additionally, the Subdivision Committee recommended in favor of a similar staff proposal to extend access easements through the property, although the site and easement layout have since been revised. 3. Planning Commission determination of a variance of Fayetteville Unified Development Code §166.08(F), Access Management, to allow a right-in/right-out curb cut as proposed on to Mount Comfort Road, a Minor Arterial, where the property can be accessed from Shiloh Drive, a lower -volume Minor Arterial. Staff recommends in favor of the requested variance for the reasons outlined above; Subdivision Committee and staff recommended denial of the overall project when a full -access curb cut was previously proposed on Mount Comfort. 4. Street lights shall be installed in accordance with code at all street intersections and spaced a maximum of every 300 feet; 5. Trash enclosures shall be screened with access not visible from the street. The trash enclosures shall be constructed with material that is complimentary to and compatible with the proposed building; 6. The associated property line adjustment shall be approved and recorded prior to Planning Division approval of the project's grading permit; 7. Conditions of approval from Engineering, Urban Forestry, and Parks Department are included in the official conditions of approval, attached hereto; 8. Prior to Grading Permit Commission submittal, revise the submitted civil drawings to address the following comments: a. Revise the City project number references to 19-6780. 19-6778 refers to a proposed zoning map amendment; b. Revise the Fayetteville Fire Department contact to Chief Jeremy Ashley, Battalion Chief, 125 W. Mountain Street, Fayetteville, AR 72701 (479) 718-7620; GAETC\Development Services Review\2019\Development Services\19-6780 LSD 2486 W. Mt. Comfort Rd. (Casey's General Store) 324\03 Planning Commission\11-25-2019 c. The standard motorcycle/scooter space width is 3-foot. Please reduce accordingly; d. The standard vehicle parking space depth is 19-foot. Please reduce accordingly; and e. Label building elevations with cardinal directions. Standard conditions of approval: 9. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance; 10. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: AR Western Gas, SWBT, Ozarks, SWEPCO, and Cox Communications); 11. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements; 12. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets are required for review and approval prior to issuance of a building permit; 13. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit application prior to installation. Freestanding pole signs and electronic message boards (direct lighting) are prohibited in the 1-540 Design Overlay District; 14. Large scale development shall be valid for one calendar year; 15. Contact the City's Emergency 911 Address Coordinator for addressing prior to building permit. The coordinator has noted that any and all new structures will require addressing action and that no existing addresses may be used; 16. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy; and 17. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits; b. Separate easement plat for this project that shall include the tree preservation area and all utility and access easements; c. Exterior lighting package must be provided to the Planning Division; d. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance; e. Project Disk with all final revisions; and f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all GAETC\Development Services Review\2019\Development Services\19-6780 LSD 2486 W. Mt. Comfort Rd. (Casey's General Store) 324\03 Planning Commission\11-25-2019 improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. PLANNING COMMISSION ACTION: Required YES Date: November 25, 2019 O Tabled O Approved O Denied IMotion: ISecond: BUDGET/STAFF IMPACT: None. Attachments: • Unified Developed Code: o §166.08(F), Street Design and Access Management Standards o §172.04, Parking Lot Design Standards • City Engineering Comments • Urban Forestry Comments • Recycling and Trash Comments • Request Letter • Site Plan • Elevations • Access Easement Exhibit • One Mile Map • Close-up Map • Current Land Use Map GAETC\Development Services Review\2019\Development Services\19-6780 LSD 2486 W. Mt. Comfort Rd. (Casey's General Store) 324\03 Planning Commission\11-25-2019 ADM-2021-000038 One Mile View I RSF-1 Hays 0 0.125 0.25 0.5 Miles r orL -R -, ----I ---------- 3 Regional Link Neighborhood Link Institutional Master Plan Freeway/Expressway Planned Neighborhood Link IM Planned Residential Link — — Shared -Use Paved Trail Trail (Proposed) -- Design Overlay District L I Fayetteville City Limits L I Planning Area NS-G Subject Property NORTH 1 / 1 1 1 1 i i 1 -1� 1 """""""'MOUNMFORTi, 1 IO / 1-1 — W / O / i a / i Planning Area -- Fayetteville City Limits Zaning 42 Gen Ind,111 RESIDENTIAL SINGLE-FAMILY EXTRACTION NSGii E-, RI-U COMMERCIAL RI-,2 Realeaneal-OMce ii NSL C-1 Reaieantlal-Agnwlturel C-2 RSF-.5 C-3 R. FORM BASED DISTRICTS RSF-2 Dormmrm core RS1-4 UTen TM1amugMare RSF-] Main Itr C-1 RSF-fi Da.W. General RSF-,fi COmm.ity s,,v ea RESIDENTIAL MULTI -FAMILY Neighb.M..d Services -1 Neighb.... d Con ,aean RMF-,2 PLANNED ZONING DISTRICTS RMF-1fi Cammadal, Irduatnal, Realdeneal W124 INSTITUTIONAL RM14fi INDUSTRIAL 11 Heavy Commardal aie Light Industrial ADM-2021-000038 Hays Current Land Use NORTH e - fl�-•.ter � �O- Industrial/Agricultural 0�0 Mobile Home / Commercial Subject Property MOUNT COMFORTRD v " vu l t r Single -Family Residential Regional Link Neighborhood Link _; Planning Area ZZ - - -; Fayetteville City Limits I _ j Design Overlay District Feet 0 35 70 140 210 1 inch = 100 feet 280 FEMA Flood Hazard Data too -Year Floodplain Floodway City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0568 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.5 AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS: AN ORDINANCE TO AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS TO COMPLY WITH ACT 751 OF 2021 WHEREAS, the Arkansas State Legislature through Act 751 of 2021 removed a city's power to regulate Expanded Polystyrene (EPS) Foam except upon "property owned or maintained by the municipality..." A.C.A. § 14-1-104(c); and WHEREAS, § 114.10 of the Fayetteville Code should be amended to conform with this new state law by amending (C) Application and (D) Prohibited Use of Expanded Polystyrene Foam Single -Use Products so that the City can continue to prohibit commercial vendors from using EPS single -use "auxiliary containers on property owned or maintained by the municipality..." A.C.A. § 14-1-104(c). 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 § 114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clamshells, Cups, and Similar Products of the Fayetteville Code by repealing subsections (C) and (D) and enacting replacement subsections as shown below: "(C) Application. These regulations shall apply to all food trucks, concessionaires, caterers, restaurants, and other prepared, ready -to -eat food or drink providers operating on city owned or maintained property. (D) Prohibited Use of Expanded Polystyrene Foam Single -Use Products. No single -use expanded polystyrene foam auxiliary containers including plates, bowls, clamshells, cups, and similar products may be provided by any food truck operator, concessionaire, caterer, restaurant, or other prepared, ready -to -eat food or drink provider while on or operating on city owned or maintained property." City of Fayetteville, Arkansas Page 1 Printed on 712212021 Legistar ID No.: AGENDA REQUEST FORM FOR: Council Meeting of August 3, 2021 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 114.10 REGULATION OF EXPANDED POLYSTYRENE (EPS) FOAM SINGLE -USE PLATES, BOWLS, CLAMSHELLS, CUPS AND SIMILAR PRODUCTS TO COMPLY WITH ACT 751 OF 2021 APPROVED FOR AGENDA: Council Member Tere a Turk Date CJuly 16, 2021 City Attorney Kit Oilliams Date Approved 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney CC: Susan Norton, Chief of Staff Jodi B Paraleegger all Peter Nierengarten, Environmental Director Environmental Action Committee FROM: Kit Williams, City Attorney - f DATE: July 14, 2021 RE: §114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clamshells, Cups and Similar Products Ordinance 6185 passed on May 21, 2019 prohibited the City's purchase of EPS single use utensils and requested that EPS single use utensils not be allowed to be used by "concession stands, boat docks, food trucks or similar businesses on City owned property including all City owned parks and City owned off-street parking lots ..." This ordinance was not codified as a more comprehensive EPS (Styrofoam) single use containers and utensils regulation was being prepared. On November 5, 2019, the City Council enacted Ordinance 6250, An Ordinance To Enact §114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clamshells, Cups and Similar Products. Act 751 of 2021 appeared to be directed at our Styrofoam regulatory ordinance and invalidated many of its provisions. "Except as provided under subsection (c) of this section, a municipality or county shall not restrict, tax, prohibit, or otherwise regulate the use, disposition, or sale of auxiliary containers." A.C.A. § 14-1-104(b). "(c) A municipality or county may: (2) Regulate the use of auxiliary containers on property owned or maintained by the municipality or county." A.C.A. § 14-1-104(c) This statutory authority expressly granted to cities the right to regulate the broadly defined "auxiliary containers." This means that the Fayetteville Code's §114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clamshells, Cups and Similar Products may still be applied to concession stands, food trucks and caterers operating on city property. Thus, all food trucks and caterers operating on city owned or maintained property which would include all city parks, all city streets, and all city parking lots can be prohibited from using any ESP single -use auxiliary containers while on city property which would include our street right-of-way. Similarly, any caterer using the city owned Fayetteville Town Center can still be prohibited from using single -use EPS auxiliary containers. To accomplish this, the City Council will need to amend subsections (C) Application and (D) Prohibited Use of Expanded Polystyrene Foam Single -Use Products of §114.10 of the Fayetteville Code. I have attached the current Code section to this memo. Below is how I would recommend that the amended subsections would read: "(C) Application. These regulations shall apply to all food trucks, concessionaires, caterers and other prepared, ready -to -eat food or drink providers operating on city owned or maintained property. (D) Prohibited Use of Expanded Polystyrene Foam Single -Use Products. No single -use expanded polystyrene foam products including plates, bowls, clamshells, cups, and similar products may be provided by any food truck operator, concessionaire, caterer, or other prepared, ready -to -eat food or drink provider while on or operating on city owned or maintained property." I will prepare the needed ordinance which will make §114.10 compliant with the new state law which will be effective on July 28th . This amendment will continue to enable the City to prevent food and drink commercial operations from distributing EPS foam single -use products in our parks, parking lots and streets. We cannot legally do more, but at least we can proactively reduce the litter and bad ecological effects of EPS foam products for our parks and other city property (including the Fayetteville Town Center). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to present law. Act 751 of the Regular Session State of Arkansas As Engrossed: H3123121 H416121 93rd General Assembly A Bill Regular Session, 2021 HOUSE BILL 1704 By: Representative Ray By: Senator D. Sullivan For An Act To Be Entitled AN ACT TO AMEND THE LAW TO PROHIBIT MUNICIPALITIES AND COUNTIES FROM RESTRICTING THE USE OF AUXILIARY CONTAINERS; AND FOR OTHER PURPOSES. Subtitle TO AMEND THE LAW TO PROHIBIT MUNICIPALITIES AND COUNTIES FROM RESTRICTING THE USE OF AUXILIARY CONTAINERS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code Title 14, Chapter 1, Subchapter 1, is amended to add an additional section to read as follows: 14-1-104. Auxiliary containers — Definition. a As used in this section "auxiliary container" means a bag, cup, package,container, Mottle device or other acka in that is without limitation: 1 Made of cloth paper, plastic,foamed plastic, expanded plastic, cardboard corru ated material aluminum lass ostconsumer recycled material or similar coated or laminated material; and 2 Designed for the consum tion transportationor protection of merchandise food or beverage at a food service facility, manufacturing facility, distribution facility, ro essing facility, or retail facility. JkL Exce t as provided under subsection c of this section a municipality or count shall not restrict tax rohibit ar otherwise 04-06-2021 10:10:49 KLL147 As Engrossed: H3/23/21 H4/6/21 HB1704 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 regulate the use, disposition, or sale of auxiliary -containers. c A municipality ❑r count may: 1 Operate a recycling ro ram a composting ro ram and a solid waste disposal program; and (2) Regulate the use of auxiliary containers on property owned or maintained by the municipality or count_ (d) This section does not: 1 Affect a general state or local sales and use tax• 2 Prevent a municipality or county from restricting the use of glass containers within the municipality or county based on public safer concerns; 3 Prevent a municipality or county from passing or enforcin an ordinance that prohibits littering, if the ordinance complies with the Litter Control Act, § 8-6-401 et seg.; or (4) Prevent a municipality from setting by ordinance reasonable standards for the regulation of alcohol possession within the boundaries of a designated entertainment district under 14-54-1412. Is/Ray APPROVED: 4/19/21 2 04-06-2021 10:10:49 KLL147 113 West Mountain Street Fayetteville, AR 72701 (479) 576-8323 Ordinance: 6185 File Number: 2019-0122 POLYSTYRENE FOAM PRODUCTS: AN ORDINANCE TO PROHIBIT THE PURCHASE OF EXPANDED POLYSTYRENE FOAM WITH CITY OF FAYETTEVILLE MONIES, TO END THE USE OF EXPANDED POLYSTYRENE FOAM PRODUCTS BY CITY CONCESSIONAIRES AND FOOD TRUCKS IN CITY PARKS AND CITY OFF-STREET PARKING LOTS AND TO RAISE PUBLIC AWARENESS OF THE ECOLOGICAL DAMAGES CAUSED BY THIS PRODUCT WHEREAS, items of Expanded Polystyrene Foam (commonly referred to by the brand name "Styrofoam") are one of the top ten most littered items in our country and cause unsightly litter that necessitates time consuming and difficult cleanup efforts; and, WHEREAS, this Expanded Polystyrene Foam does not biodegrade, but rather breaks down into smaller particles that pollute our natural and built environment; and, WHEREAS, this foam is made from the monomer styrene, which is a suspected human carcinogen and known neurotoxin; and, WHEREAS, the City of Fayetteville should ban most of the uses and purchases of Expanded Polystyrene Foam by the City; and, WHEREAS, the City Council of the City of Fayetteville declares it is in the best interest of the health and welfare of its residents, visitors, and employees to reduce the litter and pollutants on the land and in the waters of Fayetteville; and, WHEREAS, the City of Fayetteville is dedicated to reducing the volume of items entering our landfill through holistic recycling programs; and, Page 1 Prinred on 5122119 File Number 2019-0122 Ordinance 6185 WHEREAS, although the City of Fayetteville has a robust recycling program, it is not feasible, practical nor effective to attempt to recycle Expanded Polystyrene Foam; and, WHEREAS, there are readily available and reasonable cost alternatives to Expanded Polystyrene Foam that can be recycled or composted by Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby prohibits the purchase of Expanded Polystyrene (EPS) Foam products by all City Departments, with the exception of encapsulated EPS for dock flotation and construction materials used for insulation structural stability, weight reduction or formwork remaining in place post -occupancy. The City Council further prohibits any businesses, including but not limited to catering companies, from providing Expanded Polystyrene Foam products such as plates, bowls and cups when the City of Fayetteville has purchased their services. Section 2`That the City Council of the City of Fayetteville, Arkansas hereby requests that the Administration ensure through appropriate contracts or otherwise that all entities operating concession stands, boat docks, food trucks, or similar businesses on City owned property including all city owned parks and city owned off-street parking lots end as soon as possible any purchasing and use of any Expanded Polystyrene Foam products such as plates, bowls, cups, and similar items. The City Council hereby empowers the Administration to bar food trucks that stock, supply to customers or otherwise use Expanded Polystyrene Foam products from serving customers while in any city owned off-street parking lot or city owned park by November 1, 2019. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby requests that the University of Arkansas Board of Trustees, the Fayetteville School Board, the Advertising and Promotion Commission and the governing bodies of the Fayetteville Public Library, Walton Arts Center and Theatre Squared join in this effort to promptly reduce and soon eliminate the use of Expanded Polystyrene Foam products within their facilities and prohibit caterers from bringing such products into their facilities. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby determines that acceptable alternative to EPS Foam products include, but are not limited to, paper, fiber and compostable products. Section 5. That the City Council of the City of Fayetteville, Arkansas hereby further agrees to support the general goal of reducing EPS Foam product use by citizens, other government entities, and Page 2 Printed on 5/22119 File Number. 2019-0122 Ordinance 6185 businesses throughout the City of Fayetteville by promoting awareness of the issues surrounding Expanded Polystyrene Foam and by promoting the adoption of reasonably priced alternatives. PASSED and APPROVED on 5/21/2019 Attest: _ W`J Lisa Branson, Deputy City Cler& j$11n►�rg1. %G ER K / p44 � U . OA+ -'pG y I NS PS f`Y41 "(N111111110, Page 3 Printed on 5122119 FAYETTEVILLE CODE OF ORDINANCES TITLE A BUSINESS REGULATIONS 114.10 (C) Articles Permitted to Be Sold. Only objects of art or craft produced and sold by a local artist or craftsperson may be sold at the First Thursday Fayetteville event. The Fayetteville Convention and Visitors Bureau is empowered to assign precise locations for any vendors wishing to display or sell their personall y created art or craft work. (D) Sanitation. At the close of a vendor's operation (no later than 10:00 p.m.), the vendor shall clean the immediate area around the vendor's operation and ensure that all trash and debris are removed and properly discarded. (Ord. No. 5307, 3-16-10; Ord. No. 5392, 3-15-10; Ord. No. 5487, 3-6-12; Ord. No. 5682, 4-15-14) 114.04-114.09 Reserved 114.10 Regulation Of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clam- shells, Cups And Similar Products (A) Purpose. Expanded polystyrene (EPS) foam single -use products break down in the environ- ment into tiny pieces which become virtually impossible pickup or clean from the environment and travel through the air and water causing worldwide pollution, damage to the environment and health risks to many living things. The City Council has determined it is vital to our citizen's health and especially to our water supply of Beaver Lake that the amount of EPS that can escape into our environment should be reduced as much as possible. Furthermore, there are many other products that can be reused, recycled or composted which are readily available at a reasonable cost that can substitute for EPS Foam products. (B) Benefits for Fayetteville Citizens. Substantial reduction In the use of EPS single -use products will substantially reduce unsightly and unhealthful litter and the taxpayers' expense of cleaning UP such litter as much as possible. Keeping as much EPS out of Beaver lake as possible will ensure better and more healthy water quality with less expense for the Beaver Water District to attempt to remove EPS from our drinking water. Switching to reusable, recyclable orcompostable products will reduce the volumes required to be landfilled, the cost of disposal and the life of current landfills. (C) Application. These regulations shall apply to restaurants; hotels; grocery stores with delis or food bars; cafeterias; convenience stores; coffee, tea and donut shops; caterers; and any other prepared, ready -to -eat food or drink providers. (D) Prohibited Use Of Expanded Polystyrene Foam Single -Use Products. No single -use expanded Polystyrene foam product including plates, bowls, clamshells, cups, and similar products may be provided by any restaurant, hotel, grocery store for its deli or food bar, cafeteria, conve- nience store, coffee, tea or donut shop, caterer or other prepared, ready -to -eat food or drink provider. (E) Exemption. The Mayor may grant temporary exemption from this prohibition} if necessitated by an emergency, a public health and safety need or medical necessity, The City Council may grant a permanent exemption by amending this Code section. (Ord. No. 6260, § 1, 11-5-19) Supp. No. 17 CD114:5 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0571 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.6 AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS: AN ORDINANCE TO AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS TO CONFORM THIS SECTION TO THE REQUIREMENTS OF A.C.A. §14-56-103 DEVELOPMENT IMPACT FEES -DEFINITION WHEREAS, long before the enactment of A.C.A. § 14-56-103 Development Impact Fees - Definition, the City of Fayetteville constitutionally collected impact fees from developers whose developments impacted the City's infrastructure needs for streets, water and sewer mains and other types of infrastructure; and WHEREAS, when A.C.A. § 14-56-103 was enacted, it provided that a city could collect a development impact fee under ordinances enacted before July 16, 2003... only if collected in compliance with subsections (f)-(h) of this section; and WHEREAS, the City has consistently followed the requirements of A.C.A. § 14-56-103 (f)(g)(h), but the U.D.C. needs an amendment to the old refunding Code section (158.05) so that it precisely follows state law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 158.05 Off -Site Improvement/Delay in its entirety and enacts a replacement § 158.05 as follows: "158.05 Development Impact Fees for Specific Infrastructure Improvements Necessitated by a Particular Development. A. Determination of Need For Impact Fee If the Planning Commission determines that a particular development would cause a need for a specific infrastructure development that cannot be built until future development occurs, the developer shall pay to the city a development impact fee in an amount determined by the Planning Commission in accordance with the standards prescribed in § 166.04 to be the developer's constitutional proportionate share of the cost of such specific infrastructure need. B. Collection of Impact Fee As a part of the approval of the developer's subdivision approval, the developer shall pay the amount City of Fayetteville, Arkansas Page 1 Printed on 712212021 File Number: 2021-0571 determined appropriate, legal and constitutional by the Planning Commission. The city shall deposit these funds into a special interest -bearing account and follow all requirements of A.C.A. § 14-56-103 (f) and (g). C. Refund of Unused Impact Fees If all or a portion of the collected impact fee has not been properly expended upon the specific infrastructure project within seven (7) years from the date the fees were paid, the city shall refund all unused funds plus accrued interest to the present owner of the property that was subject of the new development and against which the fee was assessed and collected as required by A.C.A. § 14-56-103 (h). D. Compliance with State Law The section shall be interpreted to conform with A.C.A. § 14-56-103 and all requirements of that law as well as any future amendments. City of Fayetteville, Arkansas Page 2 Printed on 712212021 Legistar ID No.: __02 QoC j—QsC]' AGENDA REQUEST FORM FOR: Council Meeting of August 3, 2021 FROM: Mayor Lioneld Jordan ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS TO CONFORM THIS SECTION TO THE REQUIREMENTS OF A.C.A. §14-56-103 DEVELOPMENT IMPACT FEES -DEFINITION APPROWD FOR AGENDA: Mayor Li City Attorney Kit Williams i i 7 X. ate July 19, 2021 Date 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal CC: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Chris Brown, Public Works Director FROM: Kit Williams, City Attorney DATE: July 19, 2021 RE: Amendment Needed to §158.05 Off -Site Improvements/Delays of the U.D.C. to Conform Refunding Requirements to State Law The City has consistently obeyed A.C.A. §14-56-103 Development Impact Fees -Definitions, subsections (f), (g) and (h) for collection, deposit into special interest -bearing accounts and refunds of unused fees, plus their accrued interest. However, §158.05 Off -Site Improvements/Delays of the Unified Development Code needs to be amended to clarify that this collection and refund procedure completely complies with state law. This issue was brought to my attention by Development Services Director Jonathan Curth who supplied me with an attorney's claim that her client's refund amount should have included a higher amount of interest than what the deposit had actually earned in our interest -bearing account. Attached is my letter explaining that, pursuant to state law, only the actually accrued interest can be refunded to her client. To prevent further confusion, the City Council needs to amend the current Unified Development Code section to precisely conform to state law. Attached is the sections of A.C.A. §14-56-103 (f), (g) and (h) with which the City must comply to continue assessing "Development/ Impact Fees for Specific Infrastructure Improvements Necessitated by a Particular Development." ORDINANCE NO. AN ORDINANCE TO AMEND § 158.05 OFF -SITE IMPROVEMENTS/DELAYS TO CONFORM THIS SECTION TO THE REQUIREMENTS OF A.C.A. §14-56-103 DEVELOPMENT IMPACT FEES -DEFINITION WHEREAS, long before the enactment of A.C.A. § 14-56-103 Development Impact Fees — Definition, the City of Fayetteville constitutionally collected impact fees from developers whose developments impacted the City's infrastructure needs for streets, water and sewer mains and other types of infrastructure; and WHEREAS, when A.C.A. §14-56-103 was enacted, it provided that a city could collect a development impact fee under ordinances enacted before July 16, 2003... only if collected in compliance with subsections (f)-(h) of this section; and WHEREAS, the City has consistently followed the requirements of A.C.A. §14-56-103 (f)(g)(h), but the U.D.C. needs an amendment to the old refunding Code section (158.05) so that it precisely follows state law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 158.05 Off -Site Improvement/Delay in its entirety and enacts a replacement §158.05 as follows: "158.05 Development Impact Fees for Specific Infrastructure Improvements Necessitated by a Particular Development. A. Determination of Need For Impact Fee If the Planning Commission determines that a particular development would cause a need for a specific infrastructure development that cannot be built until future development occurs, the developer shall pay to the city a development impact fee in an amount determined by the Planning Commission in accordance with the standards prescribed in § 166.04 to be the developer's constitutional proportionate share of the cost of such specific infrastructure need. B. Collection of Impact Fee As a part of the approval of the developer's subdivision approval, the developer shall pay the amount determined appropriate, legal and constitutional by the Planning Commission. The city shall deposit these funds into a special interest -bearing account and follow all requirements of A.C.A. § 14-56-103 (f) and (g). C. Refund of Unused Impact Fees If all or a portion of the collected impact fee has not been properly expended upon the specific infrastructure project within seven (7) years from the date the fees were paid, the city shall refund all unused funds plus accrued interest to the present owner of the property that was subject of the new development and against which the fee was assessed and collected as required by A.C.A. §14-56-103 (h). D. Compliance with State Law The section shall be interpreted to conform with A.C.A. §14-56-103 and all requirements of that law as well as any future amendments. PASSED and APPROVED this 3rd day of August, 2021. APPROVED: LIONELD JORDAN, Mayor ATTEST: KARA PAXTON, City Clerk/Treasurer Blake E. Pennington Assistant City Attorney bpeniiiiigtoii@fayetteN,ille-ar.gov Jodi Baker Paralegal Phone 479.575.8313 KIT WILLIAMS FAYETTEVILLE CITY ATTORNEY kwilIiains@fayetteville-ar.gov July 19, 2021 Dana Davis Paul Paul Law Firm 2003 S. Horsebarn Road, Suite 7 Rogers, AR 72758 dpaul@dpaullaw.com Re: Refund of unused impact fee to owner Dear Attorney Paul, 113 W. Mountain Street, Suite 302 Fayetteville, AR 72701-6083 I need to explain why your client received the check from the City of Fayetteville for the refund of the off -site impact fee funds ($86,000.00) plus accrued interest ($6,694.57) for a total of $92,694.57. Planning Staff evidently did not realize that A.C.A. § 14-56-103 Development Impact Fees -Definition which was passed by the Legislature in Acts 1719 and 310 of 2003 changed the requirements when impact fees had been collected, but were not used. The $86,000.00 was an impact fee based upon the rough proportionality of the traffic impact of your large Church which created a need for a left turn lane on Highway 112 (Gregg Avenue) to serve your client's church. However, this money could not be used pursuant to Arkansas Highway and Transportation Department (AHTD) guidelines. Now, AHTD will be substantial improving Highway 112 without cost to Fayetteville and so these funds must be returned to your client pursuant to A.C.A. § 14-56-103 (g) and (h). "(g)(1) The funds collected under a development impact fee ordinance shall be deposited into a special interest -bearing account. (2) The interest earned on the moneys in the separate account shall be credited to the special fund and the funds deposited into the special account and the interest earned shall be expended only in accordance with this section. (3) No other revenues or funds shall be deposited in the special account. (h)(1) The municipality or municipal service agency shall refund the portion of collected development impact fees, including the accrued interest, that has not been expended seven (7) years from the date the fees were paid." The City, pursuant to state law, "shall refund the portion of collected development impact fees, including the accrued interest" after it is clear that the fees will not be expended with seven years. This is precisely what the City has done. The City could not earn 5% per annum so that amount of interest could not have accrued in the special fund holding the $86,000.00. Therefore only the actual amount of accrued interest that the City actually received, $6,694.57 could be refunded to your client. State law makes it clear that only those funds in the special fund can be returned to the developer and that "No other revenues or funds shall be deposited into the special account." A.C.A. § 14-56-103(g)(3). There are simply no other funds that can be legally paid to your client. The road impact fees denoted as a "street assessment' have been part of the City's Unified Development Code for decades and long before the enactment of A.C.A. §14-56-103, the state impact fee statute. We are allowed to continue to use this impact fee ordinance only if "in compliance with subsections (f)-(h)." A.C.A. §14-56-103 (i)(1)(B). As pointed out earlier (g) requires that the return of unused impact fee must be accompanied by "the accrued interest" rather than any amount that would be less than or greater than the actual accrued interest. "(i)(1)(B) Beginning January 1, 2004, a municipality or municipal service agency shall collect development impact fees under ordinances enacted before July 16, 2003, or under ordinances amended after July 16, 2003, only if collected in compliance with subsections (f)-(h) of this section." Since state law required the City of Fayetteville to refund the unused impact fees "including accrued interest," the City would be violating state law if it attempted to return more than the full amount of accrued interest in received. This would likely also be a violation of the Arkansas Constitution, Article 12 §5 and Article 16 § 13 Illegal exactions. Article 12 §5 (a) states: "No county, city... shall... appropriate money for... any corporation, association, institution or individual." The City can certainly pay just debts such as refunding your client's impact fee ($86,000.00) plus accrued interest ($6,694.57). However, the City cannot refund more than state law allows without committing an Illegal Exaction for which the City could properly be sued by any taxpayer. I apologize for our Planner's mistaken reference to 5% interest which had been superseded by state law about a year earlier. We will make a concerted effort to ensure this mistake will not be made again. My City Attorney's Office has been involved in the refund of unused impact fees primarily if there is some uncertainty about who should receive the refund. This is the first time a mistake in the old Planning memo has caused a concern. Thank you for bringing this to my attention. I hope that I have properly and fully explained to your satisfaction why the City of Fayetteville must precisely follow state law and refund your client exactly $92,694.57. With kindest regards, a-" - �- KIT WILLIAMS Fayetteville City Attorney Cc: Mayor Lioneld Jordan Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Jonathan Curth, Development Services Director 14-56-103 iOCAL GOVERNMENT 40 4 (2) The development impact fee may be -pledged to the payment of bonds issued by the municipality or municipal service agency to finance capital improvements or public facilities for which the development impact fee may be imposed. (3) No development impact fee shall be assessed for or expended upon the operation or maintenance of any public facility or for the construction or improvement of public facilities that does not create additional capacity. (d)(1) A municipality or a municipal service agency may assess and collect impact fees only. from new development. and only against a particular new development in reasonable proportion to the demand for additional capacity. in public facilities that is reasonably attributable to the use and occupancy of that new development. �2) The owner, resident, or tenant df:a property that was assessed an impact fee and paid it in full shall have the right to make reasonable use of all public facilities that were .financed by the. impact fee. (e)(1). A municipality or -municipal service agency may assess, collect, and expend impact fees only under a development impact fee ordinance adapted ,and amended under this section.. (2) A development'impact fee ordinance shall be adopted or amended by' the governing body. of a municipality or municipal. service agency only after the ,, municipality or municipal service agency has adopted a capital plan bLnd level of service standards for. all of the public facilities that are to be so financed: (3) The development impact fee ordinance shall contain:' -(A.) A statement- of the new public facilities and capital inipr©ve= merits to existing -public` facilities that are to be financed by impact fees' and the level of service standards included inthe-capital plan for the public facilities that are to be financed with -impact fees; (B) The actual ,'foemula or formulas 'far assessing the iriipact fee, which shall be consistent with the level of service standards; (C) The procedure by which impact fees are to be assessed and collected; and (D) The procedure for refund of excess impact fees in accordance with subsection (h) of this section. (f)(1) The municipality or municipal service agency shallcollectthe development impact fee at the time and manner and frorri the party as prescribed in the ordinance and- si hall collect -the fee separate and 'apart from. any other charges to-thedevelopment. (2)(A) ='A development impact fee' shall be collected, at either the closing'on' the property by the owner or the issuance of a certificate of occupancy. by the muxcipality. (B') 'However, a municipal water or wastewater department, wa- terworks, joint waterworks, or consolidated 'Waterworks system ' op- erating under the Consolidated Waterworks Authorization Act;'§' 25= 20-301 et seq.;omay collect a development impact fee'in connection with and as,a condition to the installation of the water meter serving t the property. L7 41 BUILDING AND ZONING REGULATIONS - PLANNING 14-56-103 (3) At closing, the development impact fee that has been paid or will be paid for the property shall be separately enumerated- on the closing statement. (4) The ordinance may include that the development impact fee- may be'paid in installments at a reasonable interest rate fbr a fixed number of years or that the municipality `or : municipal service agency, may negotiate agreements with' the owner of the property as. to the time and method of paying the impact fee. (g)(1) The hinds collected'under a development impact fee ordinance shall be deposited into a special interest -bearing account. (2) The interest earned on the moneys in the separate account shall be credited to the special fund and the funds deposited into the special account and the interest earned shall be expended'only in accordance with this section. (3) No other revenues or funds shall- be deposited into the special account. (h)(1) The, municipality or municipal service agency shall refund the portion of collected development impact fees,. including 'tl a accrued interest, that has not been expended seven (7) years from the date the fees were paid. . (2)(A) A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee ,a -was assessed and collected. (B) Notice of 'the right to a refund, including the amount of the refund and'the procedure for applying for and receiving fu the rend, shall ' be sent or served- in writing to the present owners of the property no later than thirty (30). days after the date on which the refund becomes due. .(C) The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfythe requirement of notice. (3)(A) The refund shall be made on a pro rata basis and shall be paid in full not later than ninety (90) days after the' date certain upon which the refund becomes due. (B) ' If the municipality or municipal service agency does not pay, a refund in full: within the period set in subdivision (h)(3)(A) .of this section to any person entitled to a refund, that person shall have a cause of action against the municipality for the refund or the unpaid portion in the ' circuit court of the county in which the property is located. (i)(1)(A) On and after July 16, 2003, a municipality or municipal service agency shall levy and collect'a development impact fee only if levied and collected under ordinances enacted in compliance with this section. (B) Beginning January 1, 2004, a municipality or municipal ser- vice agency shall collect development impact fees under ordinances enacted before July 16, 2003, or under ordinances amended after July 16, 2003, only if collected in compliance with subsections (f)-(h) of this section. I r 14-56-201 LOCAL GOVERNMENT 42 4` (2) However, except for the compliance with the collection require- ments under subsections (f)-(h) of this section, this section does not invalidate any development impact fee or a similar fee adopted by a municipality or municipal service agency before July 16, 2003, nor does this section apply to funds collected under any development impactfee or similar _fee adopted July 16, 2003. . (3) . In, addition, a municipality with a park land or. green, space ordinance that has been in existence for ten (10) years on July 16, 2003, and any amendments to the ordinance, which allows the option to pay a fee or to dedicate green space or park land in lieu of a fee, may continue to be administered under the existing, -ordinance. History. Acts 2003, No. 1719, § 1, 2007, No: 310, § 1. RESEARCH -REFERENCES Ark. L. Notes, ;Carl J. Cu-co,,Land Use.. ,an , Arkansas - Philosophy of Property Impact 'Fees: Dues Koontz v. St. Johns 'Rights?, 2014rArk. L. Notes 1626., • River Water Management District Echo SuticnAPTEFt 2 -- BUILDING REGULATIONS ' ndTIAN. i g; 14-56-202. Additional ,powers of cities of 14-56-204: Municipal, regulation of resi- a }, the last class, cities oitlie. > , dential builcl�ng design el - second class, and incorpo- eruents prohibited — FS-nd- raied towns. :' ings Except;ons — 14-86-�203. Removal or razing of buildings: - Definitions:-= 14-56-201:--Authority generally. :c; r• ,.r,: rCASEoNOTES,' r ArrnsysFs . , f i complaint filed by a, lessor and a, lessee sufficiently alleged teat. their .rights or Construction; other ' legal relatiaris were af%ct, by Billboards.'" Avoca, Ark., Ordinance No. '69 wlere a Erection, Construction, Etc: ° town wasmaking demands regarding the ! 1. ::. i -- remogal ofbillboards; therefore,.the lessor C sti-uctiun. and the lessee, were-ent'tled to declaratory i-'Seetian`'14`56-202 conferred upon cities 'relief under §. 16-1 M. Tiky•wer'ear- 6£'the1 firfit' class the' exclusive power to gums gthat the town lacked power4o regu- issue or refuse to issue building permits late the billboards at issue. Statewide and td. regulate the building of houses fand OutdoorAdver.,, LLC v Tawa of-Avvea,::104 thereby denied such;power,to dties of the Ark. App..,10, 289 � W.3d,.1•Il (2408). ,,, second class, despite the general powers listed in § 14-56-201. First State Bank v ` Erl6etion;'Constructibn, €Etc. City of Elkins, 2018 Ark. 191, 546 S. W.3d In light of the devastation caused -by a 427 (2018) (answering question of law tornado, the . city ,had +thee- authority to certified y,the;federal dis#z�et court). adopt an ordinance' wi �ch'added new re- quirements for tha construction and an- Billboais. choring of manufactured homes_'Smith v. = Motion to dismiss for failurel to state! a' ; ,City of Arkadelphia, 336 Ark:' °42;'' 984 claim was improperly granted because a S.W.2d 392 (1999). r 158.03 FAYETTEVILLE CODE OF ORDINANCES TITLE XV UNIFIED DEVELOPMENT CODE filed with the City Engineer prior to the acceptance of the improvements by the city. A walk-through shall be performed at the end of the two (2) year period and all deficiencies corrected prior to the release of the bond. (13) Erosion and Sediment Control. For developments in excess of 5 acres, an acceptable guarantee shall be provided at the time of the issuance of the drainage permit in the amount of 100% of the total cost to install the approved Erosion & Sediment Control Plan to insure the continuation of the proper maintenance of the plan. The guarantee shall remain in place until permanent stabilization has been achieved for the development site. (Code 1965, App. C., Art. III, §C: Ord. No. 1750, 7-6-70; Code 1991, §§159.35, 163.13; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, (Ex. A), 6-16-98; Ord. No. 5140, 5-06-08; Ord. No. 5184, 10-7-08) 158.04 Grading; Bonds/Sureties The Building Official may require bonds or other sureties in such form and amounts as may be deemed necessary to assure the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. (Code 1991, §161.23; Ord. No, 3551, 6-4-91; Ord. No. 4100 (Ex. A), 6-16-98) 158.05 Off -Site Improvements/Delays C Ir f cot* C_x> (A) Proportionate Share. If the Planning Commission determines that a needed off -site improve- ment cannot be built until future development occurs, the developer shall pay to the city an amount determined by the Planning Commission, in accordance with the standards prescribed in §166.04. to be the developer's proportionate share of the cost of said off -site improvements as of the date of final plat or large scale development approval. (1) The city shall deposit said money into an interest bearing escrow account until such time as the off -site improvement is constructed and shall provide for payment of interest on said amount at the rate of 10% per annum, or the maximum rate allowable under Arkansas law, whichever is lower. (2) If the off -site improvement is not constructed within five (5) years from the date of the first payment into the escrow account by a developer, the Planning Commission shall hold a public hearing, after notification to all affected property owners, to determine the dispo- sition of all money in the escrow account. Following the public hearing, the Planning Commission may: (a) Determine that the off -site improvement is still necessary and feasible, and can be built within a reasonable time, in which case the escrow account shall be continued for a period specified by the Planning Commission; or (b) Determine that the off -site improvement is not necessary, or will not be feasible, or that insufficient development has occurred to render the improvement likely in the foreseeable future, in which case the Planning Commission shall refund the monies to the then current owner of the land for which such fee was paid with interest since the date of payment. Interest shall be based on a 5% percent annual rate. Supp. No. 17 CD158:4 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0150 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Presentation Agenda Number: D.1 AGENDA SESSION PRESENTATION - SALES TAX REPORT ENERGY REPORT BY PETER NIERENGARTEN City of Fayetteville, Arkansas Page 1 Printed on 712212021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0527 Agenda Date: 8/3/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: D.2 File Type: Presentation AGENDA SESSION PRESENTATION: ECONOMIC VITALITY AND RECOVERY 5-YEAR PLAN UPDATE City of Fayetteville, Arkansas Page 1 Printed on 712212021