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HomeMy WebLinkAbout2022-03-01 - Agendas - Archived1. Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting March 1, 2022 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 March 1, 2022 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance: Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports, and Discussion Items: Agenda Additions: 2022-0202 City Council to Express the Support for the Ukrainian Military and Ukrainian Citizens': A resolution to the express the support of the Fayetteville City Council for the Ukrainian military and the Ukrainian citizens' brave defense of their country against the unprovoked, illegal, and brutal Russian invasion. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 53-22. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 2. 2022-0207 Request To Delay The Deadline For Its Application Process For American Rescue Plan Act Funding: A resolution to request that the administration delay the deadline for its application process for American Rescue Plan Act Funding for non -profits and conduct a city council input session. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 52-22. A. Consent: 1. Approval of the February 15, 2022 City Council Meeting Minutes. APPROVED 2. 2022-0093 Fayetteville Public Schools Cost Share Agreement: A resolution to approve a cost share agreement with Fayetteville Public Schools for the upsizing of a water line along Rupple Road with a refund in an estimated amount of $94,890.00 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $18,978.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 54-22. 3. 2022-0098 Fire Department Annual Employee Service Awards Event: A resolution to approve a budget adjustment in the amount of $300.00 representing donation revenue to the Fayetteville Fire Department from the Reynolds family for the annual employee service awards event. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 55-22. 4. 2022-0134 Lion Manufacturing: A resolution to authorize the purchase of bunker gear coats and pants from Lion Manufacturing through NAFECO, Inc., pursuant to a Sourcewell Cooperative Purchasing Contract, in the amount of $101,869.95 plus applicable taxes and freight charges. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.56-22. 5. 2022-0104 Arkansas Department of Transportation Highway 16 Project: A resolution to authorize the dedication of approximately 380 square feet of right-of-way to the Arkansas Department of Transportation for the Highway 16 Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 57-22. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 6. 2022-0105 Arkansas Historic Preservation Program: A resolution to authorize the Mayor to sign a grant agreement accepting a Certified Local Government grant through the Arkansas Historic Preservation Program to complete a community wide preservation plan and a cultural resource survey of the university heights and Haskell Heights neighborhoods. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 58-22. 7. 2022-0132 Bid #21-79 Sweetser Construction, Inc. - 2019 Trail Improvement Bond Project: A resolution to award Bid #21-79 and authorize a contract with Sweetser Construction, Inc. in the amount of $535,029.00 for construction of the Mission -Razorback Greenway Connector Project, to approve a project contingency in the amount of $60,000.00, and to approve a budget adjustment - 2019 Trail Improvement Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 59-22. 8. 2022-0142 Arkansas Department of Parks, Heritage, and Tourism's Outdoor Recreation Grant Program: A resolution to authorize the Mayor to sign a 50150 Matching Grant Agreement with the Arkansas Department of Parks, Heritage, and Tourism's Outdoor Recreation Grant Program, in the amount of $220,000.00 for park improvements at Gulley Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 60-22. 9. 2022-0145 RFP 21-10 The Field Shop, Inc.: A resolution to award RFP 21-10 to The Field Shop, Inc. and authorize the installation of a new Tightrope Media Systems PEG channel playout system in the Television Center for the amount of $57,428.88 plus any applicable taxes and freight charges. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 61-22. B. Unfinished Business: 1. 2022-0081 RZN-2021-087 (N. Futrall Dr. Between Wedington Dr. & MLK Blvd./Barnes South): An ordinance to rezone that property described in rezoning petition RZN 21-087 located on North Futrall Drive between Wedington Drive and Martin Luther King Junior Boulevard for approximately 9.40 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. At the February 15, 2022 City Council meeting this ordinance was left on the first reading. THIS AGENDA ITEM WAS LEFT ON A THIRD READING AND WAS TABLED TO THE MARCH 15, 2022 CITY COUNCIL MEETING. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 2. 2022-0082 RZN-2021-092 (South of 375 N. Rupple D./Riverwood Homes & McBryde Family): An ordinance to rezone that property described in rezoning petition RZN 21-092 located south of 375 North Rupple Road for approximately 5.34 acres from R-A, Residential Agricultural to CS, Community Services and approximately 0.34 acres from CS, Community Services to R-A, Residential Agricultural. At the February 15, 2022 City Council meeting this ordinance was left on the first reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6538. 3. 2022-0038 Amend Sections 156.03 Development, Parking and Loading, 166.02 Development Review Process,168.07 Permit Procedures,168.09 Appeals and 168.10 Provisions for Flood Hazard Reduction: An ordinance to amend Sections 156.03 Development, Parking and Loading, 166.02 Development Review Process, 168.07 Permit Procedures, 168.09 Appeals and 168.10 Provisions For Flood Hazard Reduction of the Unified Development Code to address incorrect references, clarify what qualifies as existing impervious area, and remove redundancies and ambiguities from the flood damage prevention code. At the February 15, 2022 City Council meeting this ordinance was left on the first reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6539. C. New Business: 1. 2022-0133 VAC-2022-002: (430 W. Dickson St./Tin Roof Bar): An ordinance to approve VAC 22-0002 for property located at 430 West Dickson Street to vacate a portion of a water/sewer easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6540. 2. 2022-0138 VAC-2022-003: (100 N. Skyline Dr./Gremillion-Hicks): An ordinance to approve VAC 22- 0003 for property located at 100 North Skyline Drive to vacate a portion of a water/sewer easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6541. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov Announcements: City Council Agenda Session Presentations: City Council Tour: Date: February 25th, 2022 Time: 4:00 PM Address: Unaddressed; North of 2572 W. Orlando Drive Parking: Parking is available on -street at the northern dead end of Root Avenue Request: Rezone the property from RSF-4, Residential Single-family, 4 Units per Acre to CS, Community Services Adjournment: 7:47 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting: March 1, 2022 Adjourn: 5'-22 Res. 6538 Ord. Subject: Roll Turk -' (W4P1) Hertzberg (W4P2) Harvey (Wipi) n �n� Jones (W1P2) Kinion (W2P1) _ Wiederkehr p- Scroggin (W3P1) Bunch (W3P2)Lti.' I Mayor Jordan �,- Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: March 1, 2022 A RESOLUTION TO REQUEST THAT THE ADMINISTRATION DELAY THE DEADLINE Subject: FOR ITS APPLICATION PROCESS FOR AMERICAN RESCUE PLAN ACT FUNDING FOR NON -PROFITS AND CONDUCT A CITY COUNCIL INPUT SESSION Motion To: 0- r z. Motion By: Seconded: kf , Turk (W4P1) Hertzberg (W4P2) Walk On Harvey ✓ 2 (W1P1) Jones / (W 1 P2) Kinion (W2P1) ✓ Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan �- Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: March 1, 2022 Subject: CITY COUNCIL TO EXPRESS THE SUPPORT FOR THE UKRAINIAN MILITARY AND THE UKRAINIAN CITIZENS': 2022-0202 F Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) ✓ ./ Harvey � r ✓ Walk On (W1P1) Jones (W1P2) V Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan -�,-O 4-0 Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: March 1, 2022 Subject: Consent Motion To: Motion By: /7 Seconded: A.1 A.2 Turk (W4P1) A.3 7-<7 A. 4 Hertzberg (W4P2) ✓ A. 5 A.6 Harvey (W1P1) A. 7 A. 8 boas Jones (W1P2) A. 9 (r) 1-o"ta Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) ✓ Bunch (W3P2) Mayor Jordan 5- Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: March 1, 2022 RZN-2021-087 (N. FUTRALL DR. BETWEEN WEDINGTON DR. & MLK Subject: BLVD./BARNES SOUTH): 2022-0081 Motion To: { [ C) Motion By: Seconded: rr`� U N Turk Unfinished (W4P1) Hertzberg Z Business (W4P2) V/ Harvey / J ✓ B.1 (W1P1) Jones (W I P2) WP(2IWP) Wiederkehr ✓ ✓ (W2P2) Scroggin f (W3P1) Bunch / (W3P2) ✓ Mayor Jordan�— Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: March 1, 2022 Subject: RZN-2021-092 (SOUTH OF 375 N. RUPPLE WRIVERWOOD HOMES & MCBRYDE FAMILY): 2022-0082 Motion To: J Motion By: r Seconded: vu 4), Turk Unfinished (W4P1) .� Hertzberg y Business (W4P2) Harvey ✓ B.2 (W1P1) Jones ✓ ` ✓ (W 1 P2) on (W2P1) ✓ ,/ Wiederkehr (W2P2) V Scroggin ✓ ✓ (W3P1) �/ Bunch / ✓ ✓ (W3P2) Mayor Jordan .------ Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Harvey (W 1P1) Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: March 1, 2022 AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, Subject: 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION: 2022-0038 Motion To: 04wLe)el Motion By: Seconded: r, Turk ✓ Unfinished (W4P1) Hertzberg f J Business (W4P2) Harvey (W1P1) / B. 3 Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) ✓ Mayor Jordan ..�� -------— J— '2 -0 6( -rJ e-6 --(9 Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: March 1, 2022 Subject: VAC-2022-002: (430 W. DICKSON ST./TIN ROOF BAR): 2022-0133 Motion To: +� l Motion By: Seconded:,�- Turk (W4P1) / J New Hertzberg Business (W4P2) Harvey s / C.1 (W1P1) Jones (W1P2) ✓ / ✓ f b�?qoKinion (W2P1) J Wiederkehr ✓ (W2P2) �/ Scroggin ✓ (W3P1) Bunch (W3P2) / ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan City Council Meeting: March 1, 2022 Subject: VAC-2022-003: (100 N. SKYLINE DR./GREMILLION-HICKS): 2022- 0138 Motion To: a� Af' Motion By: Seconded: New 07 r ` Turk (W4P1) / ✓ ,/ Hertzberg (W4P2) / ✓ I ✓ Business Harvey (W1P1) / ✓ ✓ C.2 Jones (W1P2) WP) WP (2I i .. Il I` Wiederkehr (W2P2) ✓ ✓ ✓ Scroggin (W3P1) / ✓ Bunch (W3P2) Op Mayor Jordan -----.. 0 , Subject: Motion To: Motion By: Seconded: Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Mayor Jordan } City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, February 22, 2022 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward 1 Council Member D'Andre Jones Ward l Council Member Mark Kinion Ward 2 Vacant 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 ' EWE] City Council Agenda Session Tentative Agenda February 22, 2022 Zoom Information: Webinar ID: 819 2845 5442 Public Registration Link: https://us06web.zoom. us/webinar/register/W N_7pjvUDdgR30yniFylhN 1-w Call To Order 1. 2022-0106 OATH OF OFFICE - CITY COUNCIL AGENDA SESSION MIKE WIEDERKEHR, COUNCIL MEMBER WARD 2 POSITION 2 Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2021-1075 MONTHLY FINANCIAL REPORT Proposed Agenda Additions A. Consent: A.1 2021-1045 APPROVAL OF THE FEBRUARY 15, 2022 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 2 Printed on 2117/2022 rj City Council Agenda Session Tentative Agenda February 22, 2022 A.2 2022-0093 FAYETTEVILLE PUBLIC SCHOOLS COST SHARE AGREEMENT: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS FOR THE UPSIZING OF A WATER LINE ALONG RUPPLE ROAD WITH A REFUND IN AN ESTIMATED AMOUNT OF $94,890.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,978.00 V/ A.3 2022-0098 FIRE DEPARTMENT ANNUAL EMPLOYEE SERVICE AWARDS EVENT: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $300.00 REPRESENTING DONATION REVENUE TO THE FAYETTEVILLE FIRE DEPARTMENT FROM THE REYNOLDS FAMILY FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT AA 2022-0134 LION MANUFACTURING: A RESOLUTION TO AUTHORIZE THE PURCHASE OF BUNKER GEAR COATS AND PANTS FROM LION MANUFACTURING THROUGH NAFECO, INC., PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, IN THE AMOUNT OF $101,869.95 PLUS APPLICABLE TAXES AND FREIGHT CHARGES V/ A.5 2022-0104 ARKANSAS DEPARTMENT OF TRANSPORTATION HIGHWAY 16 PROJECT: A RESOLUTION TO AUTHORIZE THE DEDICATION OF APPROXIMATELY 380 SQUARE FEET OF RIGHT-OF-WAY TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 PROJECT City of Fayetteville, Arkansas Page 3 Printed on 2/172022 0 City Council Agenda Session Tentative Agenda February 22, 2022 /A.6 2022-0105 ARKANSAS HISTORIC PRESERVATION PROGRAM: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT ACCEPTING A CERTIFIED LOCAL GOVERNMENT GRANT THROUGH THE ARKANSAS HISTORIC PRESERVATION PROGRAM TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS /A. 7 2022-0132 BID #21-79 SWEETSER CONSTRUCTION, INC. - 2019 TRAIL IMPROVEMENT BOND PROJECT: A RESOLUTION TO AWARD BID #21-79 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $535,029.00 FOR CONSTRUCTION OF THE MISSION -RAZORBACK GREENWAY CONNECTOR PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRAIL IMPROVEMENT BOND PROJECT /A. 8 2022-0142 ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM'S OUTDOOR RECREATION GRANT PROGRAM: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A 50150 MATCHING GRANT AGREEMENT WITH THE ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM'S OUTDOOR RECREATION GRANT PROGRAM, IN THE AMOUNT OF $220,000.00 FOR PARK IMPROVEMENTS AT GULLEY PARK City of Fayetteville, Arkansas Page 4 Printed on 211712022 City Council Agenda Session /A-9 2022-0145 Tentative Agenda RFP 21-10 THE FIELD SHOP, INC.: February 22, 2022 A RESOLUTION TO AWARD RFP 21-I0 TO THE FIELD SHOP, INC. AND AUTHORIZE THE INSTALLATION OF A NEW TIGHTROPE MEDIA SYSTEMS PEG CHANNEL PLAYOUT SYSTEM IN THE TELEVISION CENTER FOR THE AMOUNT OF $57,428.88 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES B. Unfinished Business: BA 2022-0081 RZN-2021-087 (N. FUTRALL DR. BETWEEN WEDINGTON DR. & MLK BLVD./BARNES SOUTH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-087 LOCATED ON NORTH FUTRALL DRIVE BETWEEN WEDINGTON DRIVE AND MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 9.40 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES At the February 15, 2022 City Council meeting this ordinance was left on the first reading. B.2 2022-0082 RZN-2021-092 (SOUTH OF 375 N. RUPPLE D./RIVERWOOD HOMES & MCBRYDE FAMILY): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-092 LOCATED SOUTH OF 375 NORTH RUPPLE ROAD FOR APPROXIMATELY 5.34 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES AND APPROXIMATELY 0.34 ACRES FROM CS, COMMUNITY SERVICES TO R-A, RESIDENTIAL AGRICULTURAL At the February 15, 2022 City Council meeting this ordinance was left on the first reading. City of Fayetteville, Arkansas Page 5 Printed on 211712022 City Council Agenda Session /B. 3 2022-0038 Tentative Agenda February 22, 2022 AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION: AN ORDINANCE TO AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION OF THE UNIFIED DEVELOPMENT CODE TO ADDRESS INCORRECT REFERENCES, CLARIFY WHAT QUALIFIES AS EXISTING IMPERVIOUS AREA, AND REMOVE REDUNDANCIES AND AMBIGUITIES FROM THE FLOOD DAMAGE PREVENTION CODE At the February 15, 2022 City Council meeting this ordinance was left on the first reading. New Business: C.1 2022-0133 VAC-2022-002: (430 W. DICKSON ST./TIN ROOF BAR): AN ORDINANCE TO APPROVE VAC 22-0002 FOR PROPERTY LOCATED AT 430 WEST DICKSON STREET TO VACATE A PORTION OF A WATER/SEWER EASEMENT A- 2 2022-0138 VAC-2022-003: (100 N. SKYLINE DR./GREMILLION-HICKS): AN ORDINANCE TO APPROVE VAC 22-0003 FOR PROPERTY LOCATED AT 100 NORTH SKYLINE DRIVE TO VACATE A PORTION OF A WATER/SEWER EASEMENT D. City Council Agenda Session Presentations: D.1 2022-0019 AGENDA SESSION PRESENTATION - MICROMOBILITY UPDATE City of Fayetteville, Arkansas Page 6 Printed on 2/17/2022 City Council Agenda Session Tentative Agenda February 22, 2022 D.2 2021-1076 AGENDA SESSION PRESENTATION - SALES TAX REPORT, PAUL BECKER ENERGY REPORT, PETER NIERENGARTEN E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 7 Printed on 2H7/2022 t 4 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, February 22, 2022 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward 1 Council Member D'Andre Jones Ward 1 Council Member Mark Kinion Ward 2 Vacant 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 Call To Order / 1. 2022-0106 Tentative Agenda OATH OF OFFICE - CITY COUNCIL AGENDA SESSION MIKE WIEDERKEHR. COUNCIL MEMBER WARD 2 POSITION 2 Roll Call Pledge of Allegiance / Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2021-1075 MONTHLY FINANCIAL REPORT Paul Becker Proposed Agenda Additions A. Consent: A.1 2021-1045 APPROVAL OF THE FEBRUARY 15, 2022 CITY COUNCIL MEETING MINUTES ,/A.2 2022-0093 FAYETTEVILLE PUBLIC SCHOOLS COST SHARE AGREEMENT: February 22, 2022 A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS FOR THE UPSIZING OF A WATER LINE ALONG RUPPLE ROAD WITH A REFUND IN AN ESTIMATED AMOUNT OF $94,890.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,978.00 Tim NNander City of Fayetteville, Arkansas Page 2 Printed on 2118/2022 City Council Agenda Session Tentative Agenda February 22, 2022 ✓A.3 2022-0098 FIRE DEPARTMENT ANNUAL EMPLOYEE SERVICE AWARDS EVENT: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $300.00 REPRESENTING DONATION REVENUE TO THE FAYETTEVILLE FIRE DEPARTMENT FROM THE REYNOLDS FAMILY FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT Brad Hardin A.4 2022-0134 LION MANUFACTURING: A RESOLUTION TO AUTHORIZE THE PURCHASE OF BUNKER GEAR COATS AND PANTS FROM LION MANUFACTURING THROUGH NAFECO, INC., PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, IN THE AMOUNT OF $101,869.95 PLUS APPLICABLE TAXES AND FREIGHT CHARGES Brad Hardin A.5 2022-0104 ARKANSAS DEPARTMENT OF TRANSPORTATION HIGHWAY 16 PROJECT: A RESOLUTION TO AUTHORIZE THE DEDICATION OF APPROXIMATELY' 80 SQUARE FEET OF RIGHT-OF-WAY TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 PROJECT Matt Casey City of Fayetteville, Arkansas Page 3 Printed on 211612022 tl City Council Agenda Session /A. 6 2022-0105 Tentative Agenda ARKANSAS HISTORIC PRESERVATION PROGRAM: February 22, 2022 A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT ACCEPTING A CERTIFIED LOCAL GOVERNMENT GRANT THROUGH THE ARKANSAS HISTORIC PRESERVATION PROGRAM TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS Bruin Bostick A.7 2022-0132 BID #21-79 SWEETSER CONSTRUCTION, INC. - 2019 TRAIL IMPROVEMENT BOND PROJECT: A RESOLUTION TO AWARD BID 421-79 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $535.029.00 FOR CONSTRUCTION OF THE MISS ION -RAZORBACK PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRAIL IMPROVEMENT BOND PROJECT er1' Matt Mihalevich / A.8 2022-0142 ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM'S OUTDOOR RECREATION GRANT PROGRAM: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A 50150 MATCHING GRANT AGREEMENT WITH THE ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM'S OUTDOOR RECREATION GRANT PROGRAM, IN THE AMOUNT OF $220.000.00 FOR PARK IMPROVEMENTS AT GULLEY PARK Theodore Jack City of Fayetteville, Arkansas Page 4 Printed on 21/6/2022 City Council Agenda Session Tentative Agenda February 22, 2022 ✓A.9 2022-0145 RFP 21-10 THE FIELD SHOP, INC.: A RESOLUTION TO AWARD RFP 21-10 TO THE FIELD SHOP, INC. AND AUTHORIZE THE INSTALLATION OF A NEW TIGHTROPE MEDIA SYSTEMS PEG CHANNEL PLAYOUT SYSTEM IN THE TELEVISION CENTER FOR THE AMOUNT OF $57,428.88 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES Doug Bankston B. Unfinished Business: /B.1 2022-0081 RZN-2021-087 (N. FUTRALL DR. BETWEEN WEDINGTON DR. & MLK BLVD./BARNES SOUTH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-087 LOCATED ON NORTH FUTRALL DRIVE BETWEEN WEDINGTON DRIVE AND MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 9.40 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES Jonathan Curth At the February 15, 2022 City Council meeting this ordinance was left on the first reading. V/ B.2 2022-0082 RZN-2021-092 (SOUTH OF 375 N. RUPPLE D./RIVERWOOD HOMES & MCBRYDE FAMILY): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-092 LOCATED SOUTH OF 375 NORTH RUPPLE ROAD FOR APPROXIMATELY 5.34 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES AND APPROXIMATELY 0.34 ACRES FROM CS, COMMUNITY SERVICES TO R-A, RESIDENTIAL AGRICULTURAL Jonathan Curth At the February 15, 2022 City Council meeting this ordinance was left on the first reading. City of Fayetteville, Arkansas Page 5 Printed on 2116/2022 City Council Agenda Session IB.3 2022-0038 Tentative Agenda February 22, 2022 AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION: AN ORDINANCE TO AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING. 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION OF THE UNIFIED DEVELOPMENT CODE TO ADDRESS INCORRECT REFERENCES, CLARIFY WHAT QUALIFIES AS EXISTING IMPERVIOUS AREA, AND REMOVE REDUNDANCIES AND AMBIGUITIES FROM THE FLOOD DAMAGE PREVENTION CODE At the February 15, 2022 City Council meeting this ordinance was left on the first reading. C. New Business: C.1 2022-0133 VAC-2022-002: (430 W. DICKSON ST./TIN ROOF BAR): AN ORDINANCE TO APPROVE VAC 22-0002 FOR PROPERTY LOCATED AT 430 WEST DICKSON STREET TO VACATE A PORTION OF A WATER/SEWER EASEMENT /Jonathan Curth V/ C.2 2022-0138 VAC-2022-003: (100 N. SKYLINE DR./GREMILLION-HICKS): AN ORDINANCE TO APPROVE VAC 22-0003 FOR PROPERTY LOCATED AT 100 NORTH SKYLINE DRIVE TO VACATE A PORTION OF A WATER/SEWER EASEMENT Jonathan Curth D. City Council Agenda Session Presentations: City of Fayetteville, Arkansas Page 6 Printed on 2/16/2022 City Council Agenda Session Tentative Agenda February 22, 2022 D.1 2022-0019 '/ AGENDA SESSION PRESENTATION - MICROMOBILITY UPDATE Peter N ierengarten '/D.2 2021-1076 AGENDA SESSION PRESENTATION - SALES TAX REPORT, PAUL BECKER ENERGY REPORT, PETER NIERENGARTEN Paul Becker and Peter Nierengarten E. City Council Tour: ` I , 1 �� a'{ U ' DOP. F. Announcements: —5d nr�it- t i `ar, C("r L �x w I I' G. Adjournment e , - ` ct/' to (_ I ` c �` ! C I ' •�` aow re's, VC City of Fayetteville, Arkansas Page 7 Printed on 211 &2022 MA, OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan THRU: Kara Paxton, City Clerk FROM: Kit Williams, City Attorney DATE: March 2, 2022 � FA9E,j ,; FK4N5'� Jodi Batker Paralegal RE: Ordinances and Resolutions prepared by the City Attorney's Office and passed at the City Council meeting of March 1, 2022 1. A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS FOR THE UPSIZING OF A WATER LINE ALONG RUPPLE ROAD WITH A REFUND IN AN ESTIMATED AMOUNT OF $94,890.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,978.00 2. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $300.00 REPRESENTING DONATION REVENUE TO THE FAYETTEVILLE FIRE DEPARTMENT FROM THE REYNOLDS FAMILY FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT 3. A RESOLUTION TO AUTHORIZE THE PURCHASE OF BUNKER GEAR COATS AND PANTS FROM LION MANUFACTURING THROUGH NAFECO, INC., PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, IN THE AMOUNT OF $101,869.95 PLUS APPLICABLE TAXES AND FREIGHT CHARGES 4. A RESOLUTION TO AUTHORIZE THE DEDICATION OF APPROXIMATELY 380 SQUARE FEET OF RIGHT-OF-WAY TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 PROJECT 5. A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT ACCEPTING A CERTIFIED LOCAL GOVERNMENT GRANT THROUGH THE ARKANSAS HISTORIC PRESERVATION PROGRAM TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS 6. A RESOLUTION TO AWARD BID #21-79 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $535,029.00 FOR CONSTRUCTION OF THE MISSION -RAZORBACK GREENWAY CONNECTOR PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRAIL IMPROVEMENT BOND PROJECT 7. A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A 50150 MATCHING GRANT AGREEMENT WITH THE ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM'S OUTDOOR RECREATION GRANT PROGRAM, IN THE AMOUNT OF $220,000.00 FOR PARK IMPROVEMENTS AT GULLEY PARK 8. A RESOLUTION TO AWARD REP 21-10 TO THE FIELD SHOP, INC. AND AUTHORIZE THE INSTALLATION OF A NEW TIGHTROPE MEDIA SYSTEMS PEG CHANNEL PLAYOUT SYSTEM IN THE TELEVISION CENTER FOR THE AMOUNT OF $57,428.88 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES 9. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-092 LOCATED SOUTH OF 375 NORTH RUPPLE ROAD FOR APPROXIMATELY 5.34 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES AND APPROXIMATELY 0.34 ACRES FROM CS, COMMUNITY SERVICES TO R-A, RESIDENTIAL AGRICULTURAL 10. AN ORDINANCE TO AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION OF THE UNIFIED DEVELOPMENT CODE TO ADDRESS INCORRECT REFERENCES, CLARIFY WHAT QUALIFIES AS EXISTING IMPERVIOUS AREA, AND REMOVE REDUNDANCIES AND AMBIGUITIES FROM THE FLOOD DAMAGE PREVENTION CODE I I. AN ORDINANCE TO APPROVE VAC 22-0002 FOR PROPERTY LOCATED AT 430 WEST DICKSON STREET TO VACATE A PORTION OF A WATER/SEWER EASEMENT 12. AN ORDINANCE TO APPROVE VAC 22-0003 FOR PROPERTY LOCATED AT 100 NORTH SKYLINE DRIVE TO VACATE A PORTION OF A WATER/SEWER EASEMENT 13. A RESOLUTION TO EXPRESS THE SUPPORT OF THE FAYETTEVILLE CITY COUNCIL FOR THE UKRAINIAN MILITARY AND THE UKRAINIAN CITIZENS' BRAVE DEFENSE OF THEIR COUNTRY AGAINST THE UNPROVOKED, ILLEGAL, AND BRUTAL RUSSIAN INVASION 14. A RESOLUTION TO REQUEST THAT THE ADMINISTRATION DELAY THE DEADLINE FOR ITS APPLICATION PROCESS FOR AMERICAN RESCUE PLAN ACT FUNDING FOR NON -PROFITS AND CONDUCT A CITY COUNCIL INPUT SESSION City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, March 1, 2022 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Meeting Final Agenda March 1, 2022 Zoom Information: Fayetteville City Council Meeting - March 1, 2022 Webinar ID: 8810762 4447 Public Registration Link: https://us06web.zoom.us/webinar/register/WN_OJmh-dl aSKKYquUENYJmOg Call To Order 1. 2022-0106 OATH OF OFFICE - CITY COUNCIL AGENDA SESSION MIKE WIEDERKEHR, COUNCIL MEMBER WARD 2 POSITION 2 Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. 2021-1075 MONTHLY FINANCIAL REPORT Proposed Agenda Additions 1. 2022-0202 CITY COUNCIL TO EXPRESS THE SUPPORT FOR THE UKRAINIAN MILITARY AND THE UKRAINIAN CITIZENS': A RESOLUTION TO EXPRESS THE SUPPORT OF THE FAYETTEVILLE CITY COUNCIL FOR THE UKRAINIAN MILITARY AND THE UKRAINIAN CITIZENS' BRAVE DEFENSE OF THEIR COUNTRY AGAINST THE UNPROVOKED, ILLEGAL, AND BRUTAL RUSSIAN INVASION City of Fayetteville, Arkansas Page 2 Printed on 31112022 City Council Meeting Final Agenda March 1, 2022 2. 2022-0207 REQUEST TO DELAY THE DEADLINE FOR ITS APPLICATION PROCESS FOR AMERICAN RESCUE PLAN ACT FUNDING A RESOLUTION TO REQUEST THAT THE ADMINISTRATION DELAY THE DEADLINE FOR ITS APPLICATION PROCESS FOR AMERICAN RESCUE PLAN ACT FUNDING FOR NON -PROFITS AND CONDUCT A CITY COUNCIL INPUT SESSION A. Consent A.1 2021-1045 APPROVAL OF THE FEBRUARY 15, 2022 CITY COUNCIL MEETING MINUTES A.2 2022-0093 FAYETTEVILLE PUBLIC SCHOOLS COST SHARE AGREEMENT: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS FOR THE UPSIZING OF A WATER LINE ALONG RUPPLE ROAD WITH A REFUND IN AN ESTIMATED AMOUNT OF $94,890.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,978.00 A.3 2022-0098 FIRE DEPARTMENT ANNUAL EMPLOYEE SERVICE AWARDS EVENT: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $300.00 REPRESENTING DONATION REVENUE TO THE FAYETTEVILLE FIRE DEPARTMENT FROM THE REYNOLDS FAMILY FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT City of Fayetteville, Arkansas Page 3 Printed on 31112022 City Council Meeting Final Agenda March 1, 2022 A.4 2022-0134 LION MANUFACTURING: A RESOLUTION TO AUTHORIZE THE PURCHASE OF BUNKER GEAR COATS AND PANTS FROM LION MANUFACTURING THROUGH NAFECO, INC., PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, IN THE AMOUNT OF $101,869.95 PLUS APPLICABLE TAXES AND FREIGHT CHARGES A.5 2022-0104 ARKANSAS DEPARTMENT OF TRANSPORTATION HIGHWAY 16 PROJECT: A RESOLUTION TO AUTHORIZE THE DEDICATION OF APPROXIMATELY 380 SQUARE FEET OF RIGHT-OF-WAY TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 PROJECT A.6 2022-0105 ARKANSAS HISTORIC PRESERVATION PROGRAM: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT ACCEPTING A CERTIFIED LOCAL GOVERNMENT GRANT THROUGH THE ARKANSAS HISTORIC PRESERVATION PROGRAM TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS A.7 2022-0132 BID #21-79 SWEETSER CONSTRUCTION, INC. - 2019 TRAIL IMPROVEMENT BOND PROJECT: A RESOLUTION TO AWARD BID #21-79 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $535,029.00 FOR CONSTRUCTION OF THE MISSION -RAZORBACK GREENWAY CONNECTOR PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRAIL IMPROVEMENT BOND PROJECT City of Fayetteville, Arkansas Page 4 Printed on 31112022 City Council Meeting Final Agenda March 1, 2022 A.8 2022-0142 ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM'S OUTDOOR RECREATION GRANT PROGRAM: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A 50150 MATCHING GRANT AGREEMENT WITH THE ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM'S OUTDOOR RECREATION GRANT PROGRAM, IN THE AMOUNT OF $220,000.00 FOR PARK IMPROVEMENTS AT GULLEY PARK A.9 2022-0145 RFP 21-10 THE FIELD SHOP, INC.: A RESOLUTION TO AWARD RFP 21-10 TO THE FIELD SHOP, INC. AND AUTHORIZE THE INSTALLATION OF A NEW TIGHTROPE MEDIA SYSTEMS PEG CHANNEL PLAYOUT SYSTEM IN THE TELEVISION CENTER FOR THE AMOUNT OF $57,428.88 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES B. Unfinished Business BA 2022-0081 RZN-2021-087 (N. FUTRALL DR. BETWEEN WEDINGTON DR. & MLK BLVD./BARNES SOUTH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-087 LOCATED ON NORTH FUTRALL DRIVE BETWEEN WEDINGTON DRIVE AND MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 9.40 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES At the February 15, 2022 City Council meeting this ordinance was left on the first reading. City of Fayetteville, Arkansas Page 5 Printed on 31112022 City Council Meeting Final Agenda March 1, 2022 B.2 2022-0082 RZN-2021-092 (SOUTH OF 375 N. RUPPLE D./RIVERWOOD HOMES & MCBRYDE FAMILY): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-092 LOCATED SOUTH OF 375 NORTH RUPPLE ROAD FOR APPROXIMATELY 5.34 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES AND APPROXIMATELY 0.34 ACRES FROM CS, COMMUNITY SERVICES TO R-A, RESIDENTIAL AGRICULTURAL At the February 15, 2022 City Council meeting this ordinance was left on the first reading. B.3 2022-0038 AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION: AN ORDINANCE TO AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION OF THE UNIFIED DEVELOPMENT CODE TO ADDRESS INCORRECT REFERENCES, CLARIFY WHAT QUALIFIES AS EXISTING IMPERVIOUS AREA, AND REMOVE REDUNDANCIES AND AMBIGUITIES FROM THE FLOOD DAMAGE PREVENTION CODE At the February 15, 2022 City Council meeting this ordinance was left on the first reading. C. New Business C.1 2022-0133 VAC-2022-002: (430 W. DICKSON ST./TIN ROOF BAR): AN ORDINANCE TO APPROVE VAC 22-0002 FOR PROPERTY LOCATED AT 430 WEST DICKSON STREET TO VACATE A PORTION OF A WATER/SEWER EASEMENT City of Fayetteville, Arkansas Page 6 Printed on 31112022 City Council Meeting Final Agenda March 1, 2022 C.2 2022-0138 VAC-2022-003: (100 N. SKYLINE DR./GREMILLION-HICKS): AN ORDINANCE TO APPROVE VAC 22-0003 FOR PROPERTY LOCATED AT 100 NORTH SKYLINE DRIVE TO VACATE A PORTION OF A WATER/SEWER EASEMENT D. City Council Agenda Session Presentations D.1 2022-0019 AGENDA SESSION PRESENTATION - MICROMOBILITY UPDATE D.2 2021-1076 AGENDA SESSION PRESENTATION - SALES TAX REPORT, PAUL BECKER ENERGY REPORT, PETER NIERENGARTEN E. City Council Tour: Date: February 25th, 2022 Time: 4:00 PM Address: Unaddressed; North of 2572 W. Orlando Drive Parking: Parking is available on -street at the northern dead end of Root Avenue Request: Rezone the property from RSF-4, Residential Single-family, 4 Units per Acre to CS, Community Services F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 7 Printed on 31112022 City Council Meeting Final Agenda March 1, 2022 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 8 Printed on 31112022 City Council Meeting Final Agenda March 1, 2022 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 9 Printed on 31112022 Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Vacant Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting February 15, 2022 City Council Meeting Minutes February 15, 2022 Page 1 of 25 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 February 15, 2022 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. In order to create social distancing due to the Coronavirus, Covid-19 pandemic Council Members D'Andre Jones, Sarah Bunch, and Teresa Turk joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, Council Members Holly Hertzberg, Sonia Harvey, Mark Kinion, Sloan Scroggin, City Attorney Kit Williams, Kara Paxton City Clerk Treasurer, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Chief of Police Mike Reynolds, Fire Chief Brad Hardin and staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports, and Discussion Items: Certified Municipal Clerk Designation Presentation - City Clerk Treasurer Kara Paxton Kim Jones, Director of the Municipal Clerks Institute at the University of Arkansas. We provide training for City Clerks from across the state. I am excited to be here tonight for Kara. This is the premier credential for the City Clerk's profession. It requires a combination of 120 hours of qualified training, plus related experience criteria. In her two years as Clerk, she has diligently 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 2 of 25 pursued, not only the training needed for this designation, but she already serves as quite a great resource for Clerks all around the state. I'm very pleased to officially present Kara with the award. I definitely look forward to her continued contributions across the state with other Clerks and her pursuit of the next level of certification. Mayor Jordan: Congratulations. Well done. Public Facilities Board Mayor Appointment - Charlie Watson Council Member Harvey: We had a special meeting to interview Mr. Watson, and he comes by a lot of incredibly amazing experience and volunteer activity to the city. We were happy to agree with the Mayor's nomination and recommend him to be on the Public Facilities Board. Council Member Harvey moved to appoint Charlie Watson to the Public Facilities Board. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Agenda Additions: Habitat for Humanity's Proposed Houses in South Fayetteville: A resolution to waive development permit fees for Habitat for Humanity's proposed houses in south Fayetteville. Council Member Scroggin moved to add the item to the agenda. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the resolution. Council Member Harvey: We are looking to waive the development fees for the Habitat for Humanity's current project. We have a goal of having attainable housing, so that fits within this scope and it's in the code. I'd love to have your support on it. Council Member Scroggin: What's the monetary value? Council Member Harvey: We think somewhere in the $300 to $400 range. Is that what we are thinking? City Attorney Kit Williams: Yes, it depends on what the project is. Assuming it's a preliminary plat, I think it's at least $300 to $400. The building permit fee is already waived under the code and that would have been an additional amount per house. The code already waves it for Habitat for Humanity or other nonprofits that are involved in housing. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 3 of 25 Brandon Swoboda, Executive Director of Habitat for Humanity thanked everyone for their efforts on this resolution. He stated it is a challenge purchasing property right now in Washington County, specifically in Fayetteville. He spoke about trying to keep homes affordable. Council Member Scroggin moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Resolution 41-22 as recorded in the office of the City Clerk Consent: Approval of the February 1, 2022 City Council Meeting Minutes. APPROVED Safe Camp: A resolution to approve a budget adjustment in the amount of $29,500.00 to pay for vegetation removal and trash clean up at the former Safe Camp location. Resolution 42-22 as recorded in the office of the City Clerk 2022/2023 Asphalt Overlay/Sidewalks Projects: A resolution to approve the Transportation Division Overlay and Sidewalk Projects list for 2022 and 2023. Resolution 43-22 as recorded in the office of the City Clerk 2021-22 Edward Byrne Memorial Justice Assistance Grant: A resolution to authorize acceptance of the Edward Byrne Memorial Justice Assistance Grant for the Fourth Judicial District Drug Task Force in the amount of $153,180.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds. Resolution 44-22 as recorded in the office of the City Clerk Motorola Solutions Incorporated: A resolution to authorize a contract with Motorola Solutions Inc. in the amount of $893,228.90 plus applicable tax and freight charges for the purchase of radio equipment, design, installation, and software at the Central Dispatch Center located at the new Police Headquarters, and to approve a project contingency in the amount of $82,000.00. Resolution 45-22 as recorded in the office of the City Clerk Xybix Systems: A resolution to approve the purchase of dispatch furniture for the Central Dispatch Center from Xybix Systems, Inc in the amount of $170,396.37 plus any applicable tax and delivery charges, pursuant to a Houston -Galveston Area Council cooperative purchasing contract. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 4 of 25 Resolution 46-22 as recorded in the office of the City Clerk Community Access Television d/b/a Your Media: A resolution to approve a budget adjustment in the amount of $12,000.00 recognizing contract production revenue from Community Access Television d/b/a Your Media and to increase the related promotional activities budget. Resolution 47-22 as recorded in the office of the City Clerk RFQ # 19-05 Flintco, LLC Change Order #7 - 2019 Transportation Bond Project: A resolution to approve Change Order No. 7 to the Construction Manager at Risk contract with Flintco, LLC for the Porter Road and Deane Street roundabout as part of the Police Headquarters Project in the amount of $4,169,565.00, to approve a project contingency in the amount of $280,000.00, and to approve a budget adjustment - 2019 Transportation Bond Project. Resolution 48-22 as recorded in the office of the City Clerk Burns & McDonnell Engineering Company, Inc. Supplement Agreement No. 2: A resolution to approve Supplemental Agreement No. 2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $28,282.00 for a detailed noise analysis required by the Federal Highway Administration associated with the Highway 112 Improvement Project, and to approve a budget adjustment. Resolution 49-22 as recorded in the office of the City Clerk Council Member Scroggin moved to accept the Consent Agenda as read. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Unfinished Business: RZN-2021-081 (3373 N. College Ave./Lewis Ford): An ordinance to rezone that property described in rezoning petition RZN 21-081 located at 3373 North College Avenue for approximately 6.98 acres from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare. At the February 1, 2022 City Council meeting this ordinance was left on the first reading. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director stated he did not have anything new to add and was available for questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 5 of 25 Robert Rhoads, Applicant's Representative stated he would like to leave the ordinance on the Second Reading. He stated he had sent the Council Members a preliminary plat that his client produced. He stated the plat shows this particular piece of property that's subject of this rezoning. He stated last night he presented another piece of property that is south of this property, but it's all adjacent and connected and it's all on this one particular preliminary plat as one project, although it's subject of two different rezoning's. He stated the project also includes the existing buildings where the Lewis Brothers have their garages and showrooms. He stated the buildings that are existing are not subject to any rezoning and the zoning on those are sufficient. He spoke about his one item being approved at the Planning Commission the night before and wanted to wait until the next City Council meeting to speak about both of his items. Jonathan Curth: With the item being forwarded from the Planning Commission last night, it will not be on the City Council's agenda until the March 15, 2022 meeting. That will be two meetings from now. Mayor Jordan: Do we need to table it to the March 15th meeting? City Attorney Kit Williams: It'll have to be tabled if he wants them heard at the same time. The reason for that is because we put the agenda together tomorrow afternoon. It doesn't give the Planning Department enough time to meet the next City Council meeting. Council Member Scroggin moved to table the item to the March 15, 2022 City Council meeting. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. This ordinance was tabled to the March 15, 2022 City Council meeting. RZN-2021-082 (582 N. Mission Blvd./Falcons Landing, LLC.): An ordinance to rezone that property described in rezoning petition RZN 21-082 located at 582 North Mission Boulevard for approximately 0.41 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. At the February 1, 2022 City Council meeting this ordinance was left on the second reading. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director stated he did not have anything new to add and was available for questions. Tim McMahon, Applicant stated he was available for questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 6 of 25 Council Member Harvey: Going from the four to eight, what's our tree preservation plan on that? Jonathan Curth: Are you wondering the percent canopy requirements? Council Member Harvey: Yes. Jonathan Curth: It goes from 25% to 20%. Council Member Harvey: This is in Ward 1 and it's an excellent location. I'm glad to see a little bit of gentle density. It's very appropriate and near services. Council Member Turk stated in this neighborhood that RSF-8 is consistent with the historic plat that has been in the neighborhood. She spoke about encouraging everybody to keep as many trees as possible because of needing carbon sequestration in the midst of climate change. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6529 as Recorded in the office of the City Clerk New Business: Appeal CUP-2021-000052 (3349 W. Wedington Dr./Glide Xpress Car Wash): A resolution to grant the appeal of Council Members Teresa Turk, Holly Hertzberg and Mark Kinion and approve the Conditional Use Permit, CUP 2021-052 for a Glide Xpress Car Wash at 3349 West Wedington Drive. Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated staff recommends approval. He stated the Planning Commission did not recommend approval. Dylan Ward, Manager of Glide Xpress Car Wash spoke about the company's history. He spoke about the equipment used and his company's high standards. He spoke about his employees receiving $15 to $18 dollars per hour, plus health insurance options. He spoke about the amenities onsite. He spoke about using a water reclamation system to wash vehicles. Robert Rhoads, Representing the Applicant stated the CUP was discussed in two separate Planning Commission meetings. He stated after the first meeting, the applicant made changes, including adding landscaping and preserving trees. He stated there are no curb cuts on Wedington and as a result there are no adverse impact on neighboring businesses. He spoke about the restrictions on this piece of property. He spoke about the 33,000 vehicles per day traffic count in the proposed area. He stated as much as we'd love to have all of Fayetteville walking, it's not happening, and people do need a car wash. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 7 of 25 Council Member Hertzberg: I would be inclined to support this. The biggest concern for me was the curb cuts on Wedington, so the fact that they've moved that has alleviated all of my concerns with this area. I would be in support. Council Member Kinion: After going and looking around up there, I think it's appropriate for this property. It's not what I would envision to be there, but I think it is fine to be there. Council Member Turk: Mr. Rhoades, could you elaborate about the restrictions on the land and where they originate from. Robert Rhoades: There's three separate documents. One is declaration of restrictions, which is of record 2013-24509, which is no cocktail lounges, bars, no alcoholic beverages on premise consumption and if that business sells food, then it can't be more than 40%. No disco, bowling alley, pool hall and roller rink. There are 50 of them. Second, there's another document declaration of restrictions 2013-14475, which is restriction against use for any full service banking, savings & loan or credit union. There's 2014-11558 where the property shall not be leased or used for any drive through or carry out fast food restaurants in which hamburgers are primarily sold. Council Member Turk: Are these restrictions on the deed, on the POA or from the city? Where do these restrictions originate from? Robert Rhoades: They are part of the PZD. When it was developed, the developer put forth these provisions, probably because other tenants like Wal-Mart didn't want competition. City Attorney Kit Williams: The restrictions are not on the city. The city adopted the restrictions and to its PZD ordinance to give it more force. If this restriction is going to be removed, you'd have to get City Council to remove the restriction. The property owner couldn't do it by itself. I agree with your analysis that some of the restrictions are there to support the basic main tenant of Wal-Mart. These are restrictions just in the zoning, so the City Council could change it themselves if they wanted too, but that doesn't mean they're still not going to be enforceable with the owner of the property. To some extent they are restrictive covenants, which we don't have to follow, but the property owners have to follow. Council Member Scroggin: I'm kind of blown away by the number of car washes I've approved over the years. It seems like we keep approving them and then they die. I personally don't know why we need car washes. However, if we're going to put a car wash somewhere, this is probably where it should go. There's a massive amount of traffic that's going to go here, and if somebody were to drive to go to a car wash, I guess it would be environmentally friendly that we put this where they're going to drive anyway. I don't think we're going to make Wedington a pedestrian haven anytime soon. I'll be for this. Mayor Jordan: We need a motion and a second to support the appeal. Is that correct, Kit? City Attorney Kit Williams: Yes, to pass the resolution, which would support the appeal and grant the Conditional Use. A lot of times Conditional Uses have conditions on them. We left some 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 8 of 25 spaces under the resolution. Jonathan, I didn't know if staff had requested conditions to be placed on this or not. Jonathan Curth stated yes. He stated staff had proposed conditions on this. He briefly spoke about the six conditions that were listed in the packet. City Attorney Kit Williams: I suggest that the City Council adopt the staff recommendations of conditions of approval that were going to be probably enacted by the Planning Commission, if they had passed this. They are all spelled out in the report the City Council has, that was first given to the Planning Commission. City Council would need to amend the resolution before they can pass the resolution. Council Member Kinion moved to amend the resolution to include the conditions as read and provided by Jonathan Curth. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams: If Council votes in favor of the resolution, it would be as presented by staff and recommended by staff. Council Member Bunch moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Resolution 50-22 as recorded in the office of the City Clerk VAC-2022-001 (2875 W. Martin Luther King Jr. Blvd./Walmart #144): An ordinance to approve VAC 22-01 for property located at 2875 West Martin Luther King Junior Boulevard to vacate a portion of a general utility easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff has found no issues with the request and the city's Water & Sewer Department has signed off on the proposal. He stated staff is recommending in favor with the conditions outlined by Mr. Williams and including that a new main be reviewed by staff, approved and installed. He stated any damage to existing facilities in that easement are at the applicant's expense. Zachary Fletcher, CEI stated he was available for questions. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 9 of 25 Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6530 as Recorded in the office of the City Clerk RZN-2021-087 (N. Futrall Dr. between Wedington Dr. & MLK Blvd./Barnes South): An ordinance to rezone that property described in rezoning petition RZN 21-087 located on North Futrall Drive between Wedington Drive and Martin Luther King Junior Boulevard for approximately 9.40 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff supports the request. He stated the Planning Commission forwarded the item to Council unanimously with a recommendation of approval. Payton Bentley, Clark Law Firm stated he was representing the applicant. He spoke about the compatibility of the property. He stated he was available for questions. Council Member Scroggin: Is storage allowed in CS? Jonathan Curth: No, it is not, by -right or conditional use. Council Member Scroggin: What is the max height allowed in CS? Jonathan Curth: Five stories. Council Member Harvey: Do we have any topography illustrations? Half of it looks like it is in the Hilltop Overlay. The main thing I am thinking is runoff and it's steep. We don't want to exacerbate any issues. Jonathan Curth: The green hatching you see on the illustration with the stair step pattern is the portion that's in the Hillside Hilltop Overlay. The dark brown lines represent their 20 foot contour intervals. It's about 1,300 feet at the south property lines as an elevation and about 1,360 here on the illustration. Council Member Harvey: It's very steep and that's what I remember. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 10 of 25 Council Member Turk: Am I correct that Community Services has a 20% tree canopy requirement? Jonathan Curth: That is correct. Council Member Turk: I'm guessing that none of the city foresters have been out there at this stage to evaluate the tree canopy that's in there. Is that correct? Jonathan Curth: Not formally that I'm aware of. The applicant may be able to speak to whether they've asked the foresters to visit the property, as a courtesy, which they sometimes are able to do. He stated there were public comments in opposition. Payton Bentley: At this time, there hasn't been that request. The City Council received two public comments regarding this ordinance. There was a conversation about public letters being on page 18 of the agenda packet. Mayor Jordan: Ward 1, have you heard anything? Council Member Harvey: Yes, I have heard a lot. I feel like we all have. Council Member Harvey moved to suspend the rules and go to the second reading. The motion died due to a lack of a second. Council Member Turk: I missed this in Agenda Session, but this slope over here is very steep. I'm wondering if it would be helpful if we held this on the first reading and had a tour next week. Council Member Kinion: I would support holding it. There is a public outcry that's pretty loud and we need to balance that against what is possible here. Whenever I look at zoning, I look at the worst possible situation that would be allowed by -right. There is a lot of heritage in this property. It is quite a slope, so we've got to be very mindful of the impact of stormwater runoff. There's an opportunity to develop it, but I'm not sure this is the perfect zoning for that property. I don't want to prevent it from being developed, but I want it to be developed responsibly. When you drive into Fayetteville, you see Markham Hill and it is a landmark almost like the University of Arkansas welcoming you to Fayetteville. To put a five story building here is something I consider, but it is impacting that welcoming view of Markham Hill and will impair it. I need to talk to some people regarding the topography, hydrology and the natural elements in this area before I can decide. Council Member Scroggin: This is one of the rare cases that I'm against CS. With no transition coming up the hillside, I would actually be a no, right now. I need to see some form of transition as we move up there. This is what you see when you come into Fayetteville. I can't vote to allow five story buildings moving up there. I agree with holding it and hopefully get something that I can vote for. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 11 of 25 Council Member Bunch: I wouldn't mind holding it, but I was also going to be a no, as well. We can go walk around on it. This ordinance was left on the First Reading. RZN-2021-092 (South of 375 N. Rupple D./Riverwood Homes & McBryde Family): An ordinance to rezone that property described in rezoning petition RZN 21-092 located south of 375 North Rupple Road for approximately 5.34 acres from R-A, Residential Agricultural to CS, Community Services and approximately 0.34 acres from CS, Community Services to R-A, Residential Agricultural. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director: Between last week's Agenda Session and this evening, I was contacted by the applicant who asked that the Council hold the item tonight. They are not able to attend. Mayor Jordan: It is in Ward 4. Is everyone good with holding it? Council Member Hertzberg: Yes, that sounds good. This ordinance was left on the First Reading. RZN-2021-089 (South of 1936 S. Shiloh Dr./DDB Investments): An ordinance to rezone that property described in rezoning petition RZN 21-089 located south of 1936 South Shiloh Drive for approximately 9.11 acres from I-1, Heavy Commercial and Light Industrial to CS, Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommends in favor of the request. He stated the Planning Commission recommended unanimously to forward it to Council. Alyssa Sims, Applicant's Representative spoke about the request being compatible with the surrounding property. She stated the zoning request meets the goal for City Plan 2040. Council Member Turk: I'm the Council Member that took the tour yesterday. There are a lot of low lying areas in there and you can definitely see the floodplain. You can see where floods have happened because there's some trash and debris in there. The tree canopy are new trees. There are not any old trees that are in there. I don't have concerns about these new trees, because there's not any old growth or fully mature trees that have been there for a while. My only concern is the potential for five stories and how that might impact the existing neighborhood off to the west. It's so close to the trail, and we do need some connectivity there. It was a very good tour. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 12 of 25 Council Member Scroggin: While I think CS is just slightly a little more than the surrounding area, I think it's fundamentally better than I-1. It would be terrible if that was built out as I-1, especially given the floodplain and the potential for minerals to be taken and swept off into the stormwater. I'll be for this, and hopefully we can vote on this tonight. Mayor Jordan: Council Member Hertzberg, have you all heard anything in your ward? Council Member Hertzberg: I have not, and I would tend to be in support of this. Council Member Turk: I have not heard anything from anybody. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey: I think this is a better zoning than what it currently is. One concern I have for those homes is the sound from I-49. There is new growth there, but it's probably not helping a whole lot. I'm glad it's Community Services because maybe they won't have to drive so far to get services and that's a good thing. I hope the plans can think about that for those residences. If there's five story buildings there, that probably helps with the sound. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6531 as Recorded in the office of the City Clerk RPZD-2021-006 (500 N. Sequoyah Dr./High Acres): An ordinance to approve a Residential Planned Zoning District entitled R-PZD 2021-006 for approximately 3.83 acres located at 500 North Sequoyah Drive. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommends in favor of the request. He stated the Planning Commission recommended unanimously to forward it to Council. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 13 of 25 James Struthers, Polk Stanley Wilcox Architects representing the applicant. He stated the goal is to provide access to the proposed lots on the property, with a low impact private drive consistent with the existing infrastructure on Mount Sequoyah. He stated the infrastructure has been located to mitigate impact on existing trees, as much as possible and designed to promote green space permeable area and mitigate runoff. The City Council received one public comment regarding this ordinance. Mayor Jordan: Have you all heard anything? Council Member Harvey: I have not. Council Member Scroggin: By going the PZD route, are they skirting any stormwater regulations? Is there anything of that nature? Jonathan Curth: The PZD ordinance specifically sets our existing Development Code as a baseline. PZD's are not allowed to go beneath that. They can apply more stringent standards on themselves. PZD's are typically used to give themselves more zoning flexibility, not development standard flexibility. Council Member Scroggin: It seems like the neighbors are okay with this. I will be in support of it. Mayor Jordan: Council Member Jones, have you heard anything from anybody on this? Council Member Jones: No, I have not. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey thanked the staff and applicant for the PZD because it was helpful. She stated there was a lot of thought and consideration for the existing trees. She stated that the design of the spaces looked amazing. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 14 of 25 Ordinance 6532 as Recorded in the office of the City Clerk Express the Intent to Sell Approximately 30.06 Acres Commerce District: A resolution to express the intent of the City Council to sell approximately 30.06 acres of city property located in the Commerce District. Devin Howland, Director of Economic Vitality gave a brief description of the resolution. He thanked everyone involved who helped with this item. Ben Clark, B-Unlimited stated he was available for questions. Council Member Turk: Devin, could you put the slide back up that shows the main parcel we are talking about. I am wondering about this piece that's on the Northwest portion. Has the Urban Forester had a chance to go out and survey that portion? The option portion was full of invasive species, but viewing this, it looks like there's a lot of trees on there. Devin Howland: John Scott has not done an assessment on this portion. We did the north. When I walked this, we noticed there is a heavy mix of pines and cedars. When this goes through large scale, this would likely be the target for tree preservation, as well as this road. We do not have an assessment on that portion of this site, at this time. Council Member Turk: Could you explain a little bit more about the 13 acres. How would that work exactly? Where are the invasive species versus where there's actually some really good mature trees worth preserving? Devin Howland: On the screen, I'm going to take my mouse cursor over the area where the assessment was done. It was actually bigger than this site, and this is the one that was full of invasives, with the exception of that fence row. This, when we looked at it closer, is not full of invasives. It is full of very old oak trees. So, this preservation area will be run by staff. We are working with John Scott right now on going through that steps of the process to get that through its approvals. We're going to go ahead and order a survey and get the land coordinates so we can make this permanent. Given the tree preservation easements don't come to the City Council, we wanted to make you all aware that this was how we were going to finish this area. Council Member Turk: To make that permanent, it would be a conservation easement, or would the city purchase that land? Devin Howland: We own that property right now. It was acquired for the purposes of expanding the Commerce Park. It is a more sensitive habitat in this 13 acre tract. The floodway comes through here and covers a great deal of the site. The city would be the ones filing that tree preservation easement on that site. Council Member Turk: If 13-Unlimited exercised this option and purchased the property, then that tree preservation would be part of the deed and would stipulate no trees would be cut in that area. Correct? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 15 of 25 Devin Howland: On the option site, these 13 acres are not included in that. It abuts it. We are going to give ourselves access. The 13 acre tree preservation is not tied to this land sale agreement. We wanted to make you aware that staff is working on that right now, separately from this. Council Member Turk: Thank you for clearing that up for me. I appreciate it. Council Member Scroggin: I think we should do what we can to help the company. I know this is an intent, so we'll see numbers later. Assuming it legally has to come with an appraisal. I assume the appraisal would need to value the land with the road in there, because an appraisal of land you can't access is almost nothing. I definitely want to see an appraisal, based on having the ability to get to it, when we get to that point. I definitely support the intent. Devin Howland: We can take care of that. Taylor Shelton, Chamber of Commerce Chief of Economic Development Officer spoke in favor the resolution. Council Member Turk: Devon, do you think that John Scott would be able to do that inventory on the Northwest section, prior to land sale or prior to it being brought back to us? Devin Howland: Absolutely. I'll make sure of it. Council Member Harvey: Thank you to Chung, Devon and the team for working with 13- Unlimited. They are an excellent business in our community that does employ artists and former students of mine. This does say in here a retention of 180 jobs, at an average of $20 per hour with nearly an annual payroll of 7.5 million. A creation of 50 jobs over the next three years with an annual payroll to about 9.5 million. That's in our creative economy and is a Fayetteville grown business. Congratulations on the award for being in the top 500 fastest growing businesses in the US. Mayor Jordan: It's a great business. I have been over there and they are exploding with growth. They are a home grown business and great folks to work with. Devin and the Chamber have worked real hard on keeping everybody here. It pays good wages. Folks get to do a lot of artistic type work there. I am really thrilled to have them here. Council Member Harvey moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Resolution 51-22 as recorded in the office of the City Clerk HFI Fletcher, LLC: An ordinance to waive formal competitive bidding and approve a cost share agreement with HFI Fletcher, LLC for additional low impact development measures to help alleviate downstream drainage issues on Fletcher Avenue with a refund in an amount not to exceed $16,567.13 to be paid by the City of Fayetteville. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 16 of 25 City Attorney Kit Williams read the ordinance. Chris Brown, Public Works Director: During the public discussion we did have several neighbors complain about existing drainage issues, and this does help alleviate those drainage issues. The calculations, I believe were provided to the Council to further explain how that came to be. Essentially, the developer is required to pay for the cost of their improvements to mitigate the impact of their storm drain into the additional drainage they are creating. The city's picking up the difference to help alleviate an existing drainage issue. Council Member Scroggin: I noticed the runoff with one of the heavy rains we had. I saw it coming down Lafayette and I knew where that was coming from. I've got substantial videos and pictures. This was much needed. I agree with the city's assessment that this just wasn't the developers fault; this is water that was running across their land beforehand. We've already done a substantial amount of work and it is making a difference, but it is annoying to the neighbors, so I'm glad we're trying to alleviate it. Mayor Jordan: Absolutely. Council Member Harvey: I've had a lot of complaints in this area for a long time. I am happy to support this. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6533 as Recorded in the office of the City Clerk Amend Sections 156.03 Development, Parking and Loading, 166.02 Development Review Process, 168.07 Permit Procedures, 168.09 Appeals and 168.10 Provisions for Flood Hazard Reduction: An ordinance to amend Sections 156.03 Development, Parking and Loading, 166.02 Development Review Process, 168.07 Permit Procedures, 168.09 Appeals and 168.10 Provisions for Flood Hazard Reduction of the Unified Development Code to address incorrect references, clarify what qualifies as existing impervious area, and remove redundancies and ambiguities from the flood damage prevention code. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 17 of 25 City Attorney Kit Williams read the ordinance. Alan Pugh, Staff Engineer gave a brief description of the ordinance. Council Member Turk: In regards to Accessory Dwelling Units, I think you would want to err on the side of caution because they can add up to 1,200 square feet. That is a substantial area. I'm a bit surprised that you all are supporting loosening those requirements for a flood study, especially given in our previous discussions a couple of weeks ago that we've loosened the requirements on Accessory Dwelling Units. The city is wanting to add more of those and it would seem that some of those would be in flood prone areas. I question that logic there. 1,200 square feet is not a small area. Alan Pugh: There is a difference between what our code defines as an Accessory Dwelling Unit and what FEMA defines as an accessory structure. An accessory structure, per FEMA's code is essentially storage buildings, small storage sheds and things like that. We did clarify in the code proposed that those can be no larger than 150 square feet, so it's a relatively small shed. If an Accessory Dwelling Unit came in that was 1,200 square feet and up to, we would propose that they continue down the path of having to provide some documentation that they are not negatively impacting the floodplain Council Member Turk: Thank you for clarifying that. I have heard from one person about the changing of the satisfied versus considered wording. It seems like consider is much less rigorous than satisfied. I shared her concerns about loosening that up a bit. I wonder if you all discussed compliance that would make it much clearer. That it's not just, we can kind of dismiss that once we consider it or if we had a more rigorous standard that I would say satisfied, conveyed. Alan Pugh: The City Attorney and I worked together on that language. Part of the concern was satisfied. In my opinion, some of the provisions that were being referenced in that section of code weren't necessarily meeting the objective from an engineering standpoint for criteria. An example is that we maintain emergency access to certain areas and that was a little bit subjective on how those emergency vehicles access that area. As a staff, we're open to recommendations. We would lean on the City Attorney to make sure they felt that was an appropriate change. City Attorney Kit Williams: I talked to the same individual that talked to Council Member Turk. I explained my position on that. This is in the variance chapter and you don't normally put hard and fast rules. What you are trying to do in a variance chapter is to give some relief from a hard and fast rule that might not be applicable or not needed in a particular situation. There are many things you should consider in a variance. I also want to point to the language that comes right after the fact that you've got to consider all these other provisions. It says, and that the structure or other development is protected by methods that minimize flood damages during base flood and create no additional threats to public safety. I think that language is already quite strong enough. I did suggest it become considered rather than satisfied because, as our Stormwater Engineers explained, there might be something in there that would seem to deny a variance even when everybody would think it should be granted, but I guess we can't because this one thing over here that's probably not relevant, but we can't satisfy it. I have always been in favor of trusting our staff and Planning Commission to use their good judgment when they are trying to consider a variance 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 18 of 25 and consider everything. I don't want to tie their hands too much because it's very difficult when you're talking about development of land to have a hard and fast rule that always applies. Sometimes it applies, it's going to be creating an unjust result. I was the one that suggested for that to be changed from satisfied to considered. The citizen I spoke with seemed to understand why I had presented that to our Stormwater Engineer. I still think that's the best thing to do. This is a variance, and so we must have some discretion applied for the Planning Commission to apply these variances. We don't want to try to tie their hands. Council Member Turk: I would like to hold this and work with Alan and Kit in the next two weeks to see if we can ensure that is the best wording. I'm very concerned about any stormwater flooding that we have. On average we are getting seven more inches per year in Fayetteville than we historically have. We need to start planning. I have some concerns about loosening any kind of regulation. Council Member Bunch: I guess that's fine. There has already been quite a bit of thought put into the wording of this. I understand Council Member Turk's point and hope we can get this right. I want to be careful about what we try to put in there and listen to staff s recommendations on this as well. This ordinance was left on the First Reading. Amend Ordinance No. 6393: An ordinance to amend Ordinance No. 6393 by removing Section 3, which requires development approval and the posting of a bond before the Mayor can sign the agreements for the new railroad crossing at Futrall Drive and Gregg Avenue. City Attorney Kit Williams read the ordinance. Chris Brown, Public Works Director gave a brief description of the ordinance. He stated staff is recommending approval of this change, which will allow the city to work with the railroad more actively. Mayor Jordan: We are trying to move these railroad crossings along. We are trying to get these things built where we can get the development stuff moving. Birch Wright, Chief Operating Officer for Washington Regional spoke briefly about the intention to develop the property. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 19 of 25 Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Mayor Jordan: These railroad crossings aren't getting any cheaper, so I want to move on. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6534 as Recorded in the office of the City Clerk Amend Article XXIII Amend Active Transportation Advisory Committee: An ordinance to amend §33.350 Purpose and Establishment, §33.351 Composition, §33.352 Terms of Office and §33.354 Meetings of Article XXIII Active Transportation Advisory Committee to increase the number of residents on the committee. City Attorney Kit Williams read the ordinance. Matt Mihalevich, Trails Coordinator gave a brief description of the ordinance. He stated the item went to the Active Transportation Committee and the Transportation Committee, which both committees fully support. Council Member Hertzberg: There was discussion that we would appoint someone who had a disability to be the representative for ADA, but I like that we've opened it up a little bit more. There are other individuals who could represent that, such as a therapist or somebody who has a non-physical disability. I would be in support of the way we have written it right now. Council Member Turk: During our conversation at the Nominating Committee, I thought we recommended this with somebody that could represent the Americans with Disabilities Act, but also a sidewalk advocate. I'm surprised that's not in this change. Was there discussion about that or did it get it overlooked? Matt Mihalevich: That was discussed at the committee levels and the Active Transportation Committee specifically felt like it would be kind of hard to determine a sidewalk advocate, because most people walk in general. Their viewpoint is to keep it as more of an open position, instead of narrowing it down to somebody using a sidewalk. Council Member Kinion: We brought that through our experience with the Nominating Committee. If you have interviewed as many people as we have over the years, there are people that are sidewalk advocates. They are people that depend on sidewalks and use them for recreation, as well as ways to get around town. I think we should have a sidewalk advocate. It's not someone that just takes a sidewalk, it's someone that takes sidewalks seriously. Council Member Bunch, as 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 20 of 25 Chairman of the Nominating Committee, do you recall, when we discussed this, if there was anything else? Council Member Bunch: No. I don't think there's anything else. My biggest concern was that we get the ADA person on there. I was not as invested in the sidewalk advocate, as you were Council Member Kinion. You were very straightforward about that, but for me, the bigger concern was the ADA representation. I like the idea that we've changed it around enough that it has broadened it a little bit. We may not have an applicant that has a disability. I also get staff s perspective on the sidewalk advocate because lots of people use sidewalks. I don't know how else we would phrase it other than what we've called it, which is a person that is primarily using sidewalks. I think it's okay this way. Council Member Kinion: All right. Council Member Turk: I feel like we need to have another position in there advocating for the sidewalks. During our discussion, we've got a bicycle advocate put in there. A lot of people on the committee are using bicycles too, but this person is specifically engaged in advocacy for bicycles. I would like to amend to not increase the number of positions to more than seven, but make one of those positions be a sidewalk advocate. Council Member Bunch: We are adding two positions. You want to add only one position and make somebody else a sidewalk advocate? Council Member Turk: No. I would like to continue to have the two new positions that are added in there, but one of them is the ADA person. The other one was just an open community at large position. I would like to take that additional one and designate it as a sidewalk advocate. Council Member Hertzberg: I would be in support of that. Council Member Bunch: Maybe we should come up with a better name for it. Council Member Kinion: Let's think about what is a sidewalk advocate. There are people who are sidewalk advocates that care about the safety of sidewalks for going to school and going through neighborhoods. It's not trails and bicycles. Their focus is on sidewalks. I have received a lot of calls about sidewalks over the years. If people had a sidewalk advocate to talk too about this, it could help us understand the concern about the sidewalks. Council Member Scroggin: This is almost like a self-appointed hall monitor. I think siloing all the positions is an unfortunate move, because then you're lumping what could be more restrictive and then you have somebody because they show up at the meeting going, I love sidewalks. That's what we are going to choose them on, instead of credentials. If there was somehow a credentialing of people in sidewalks, like some metric. The bicycling makes sense because you've got somebody that may run events and own a bike store. That seems a little more objective than somebody that just got giddy during a meeting about sidewalks, but no metrics. Mayor Jordan: I am a bit lost on this. This went to the Nominating Committee? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 21 of 25 Council Member Hertzberg: It went to the Active Transportation Committee and the Transportation Committee. Mayor Jordan: It was decided that you were going to add the positions. Right? Council Member Harvey: The committee decided not to do the sidewalk advocate because they said, everyone cares about the sidewalks. They said yes to the ADA person and no to the specific sidewalk person. Council Member Hertzberg: The Nominating Committee picks the community members. Could we add a sidewalk advocate like Council Member Turk asked and then leave the credentialing up to the Nominating Committee? Council Member Kinion: From the point of view of someone that's been on the Nominating Committee for 11 years, I think that is valid. Over the years, we have had applicants that are more concerned about sidewalk location, sidewalk safety and sidewalks that are not connected. They are sidewalk users. If someone applied for a sidewalk advocate, they would obviously have some dedication to sidewalks. It does sound silly and it sounds like we're siloing people, but we are. We have trails that are important. We have bicycles that are important. We have sidewalks that are important. It comes from the experience of seeing people that are interviewing for these positons. Council Member Bunch: The Nominating Committee could probably craft language to add a sidewalk advocate, but we would have to be disregarding the input of the Active Transportation Committee. We need to engage with the Active Transportation Committee. If we can't sell them on the sidewalk advocate, then maybe we need to think this through a little more. My concern was not to get hung up on the sidewalk person, but to get the ADA person on there, which I thought was really an important thing to have. Council Member Turk: I'll make another proposal. Right now, we've added two more seats on this committee, from five up to seven. What if we just added one more to six, and then we could come back for the ADA person and revisit the sidewalk discussion once we have a better definition. Otherwise, I don't know why we added another position on here. I don't understand if it wasn't siloed or designated. Council Member Harvey: You want to add fewer positions and then define the sixth one later? Council Member Turk: Right. We would add one extra position for the ADA, instead of two extra positions. We could come back and discuss the sidewalk advocate. Council Member Kinion: I'd go for one for the ADA. The second one that was for sidewalk that we suggested, if we're not going to do it, then we're just adding a person, but we don't need to do that is what I'm understanding and I feel that way too. Council Member Turk: That's exactly what I'm saying. Thank you for clarifying for everybody. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 22 of 25 Council Member Turk spoke about a proposed amendment. There was a brief discussion about the wording of a proposed amendment and the total of voting members. Council Members Scroggin: I think some of the reason we're adding people is, someone on a regular basis, that people don't apply to positions because of certain people on the Nominating Committee. They feel that they are getting gatekeeped. I think that part of this is to allow more people on there. Going down to the six, instead of the seven, which I know we're going from five, I think that's part of this. There are applicants definitely qualified, that keep getting turned down. This is something that's been brought up to me, quite a bit over the last couple of years. I hope that we can do what the Active Transportation Committee asked us. City Attorney Kit Williams: There is a motion and a second on the floor to change Subsection D. Instead of saying seven voting members shall be residents of the city and one being a bicycle advocate, one being a ADA advocate, to go down to six voting members shall be residents of the city. Council Member Scroggin: If we don't do the amendment, then it's what the Active Transportation Committee asked. That's what I want. There was a brief conversation to clarify what was just spoken about. Council Member Turk moved to amend the number of voting members from the proposed seven to six and leave the ADA as written. Council Member Jones seconded the motion. Upon roll call the motion failed 3-4. Council Members Turk, Jones and Kinion voting yes. Council Members Bunch, Hertzberg, Harvey and Scroggin voting no. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey: It used to be called the Sidewalk Committee, and the committee may make recommendations. The website says, for yearly trail and sidewalk and paving overlay construction programs. So, everyone is a sidewalk advocate. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6535 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 February 15, 2022 Page 23 of 25 Revised Ward Boundaries: An ordinance to approve revised ward boundaries to equalize ward populations after the 2020 Federal Census and to amend §32.03 of the Fayetteville Code. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: The original attached Exhibit in the agenda package said proposed map because it was proposed by GIS, staff and myself as a possible ward boundary map. It has been presented and had some acceptance, although not formally yet. I asked GIS Director, Greg Resz, to prepare an Exhibit that would be proper to publish in our code. I sent that out to you today. It is the same map, except saying proposed, it says Redistricted Ward Boundaries. There was one other minor change last year when the City Council annexed a small amount of land, immediately south of the Commerce Park on Black Oak Road. I had Greg put that into the map, since it is part of Fayetteville and should be included. I ask Council to replace the current proposed map sent out with the agenda, to the new map that we just sent to you as I just described. Council Member Scroggin moved to amend the map to accept Exhibit A that says, Redistricted Ward Boundaries, as described by City Attorney Kit Williams. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Greg Resz, GIS Director was available for questions. Council Member Scroggin: At election time, Ward 3 had significantly more voters than the other wards. I think some people are going to be surprised when they find out Ward 3 actually got larger. The reason for that is based on population, not voting. Ward 3 did not grow like some of the other wards and it's going to take on more area. City Attorney Kit Williams: The census is based on actual person's, rather than voters. That's why there might be different voting counts amongst the wards. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey: I do lament the loss of those Ward I voters because they've been very awesome and supportive. I appreciate the work that Kit and the team have done to get it all balanced out. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 24 of 25 Mayor Jordan: Thank you to Kit, Greg and Susan's work on this in putting it all together. Well done. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6536 as Recorded in the office of the City Clerk Amend §118.01 Applicability and §163.18 Short -Term Rentals: An ordinance to amend § 118.01 Applicability of the Fayetteville City Code and § 163.18 Short -Term Rentals of the Unified Development Code to extend the Short -Term Rental start-up period from nine months to twelve months, and to declare an emergency. City Attorney Kit Williams read the ordinance. Council Member Bunch gave a brief description of the ordinance. She asked Jonathan Curth, how many permits have been issued so far. Jonathan Curth, Development Services Director: There have been 204 Short Term Rental Permits issued, so far. Council Member Scroggin: Council Member Bunch, thank you for your work on this. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Council Member Scroggin moved to pass the Emergency Clause. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Emergency Clause Approved Ordinance 6537 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes February 15, 2022 Page 25 of 25 Announcements: Susan Norton, Chief of Staff spoke about the public meetings regarding the planning for the expansion of the Yvonne Richardson Community Center. She spoke about the public engagement meetings for the 10 Year Parks Master Plan. She stated all the meeting times and dates are listed on the City of Fayetteville website. There was a brief discussion about a tour date for the City Council. City Council Agenda Session Presentations: None City Council Tour: Adiournment: 9:01 PM Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Legistar ID No.: 2022- Oc� pa AGENDA REQUEST FORM FOR: Council Meeting of March 1, 2022 FROM: Council Members Teresa Turk and Holly Hertzberg ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO EXPRESS THE SUPPORT OF THE FAYETTEVILLE CITY COUNCIL FOR THE UKRAINIAN MILITARY AND THE UKRAINIAN CITIZENS' BRAVE DEFENSE OF THEIR COUNTRY AGAINST THE UNPROVOKED, ILLEGAL, AND BRUTAL RUSSIAN INVASION APPROVED FOR AGENDA: t'W6 City Council Member Teresa Turk /� v- a w•r► City Council Member Merlzberg City Attorney Kit Williams Approved as to form - -z 9 - -0 - Date Z -zk -Zz Date Date DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney TO: Mayor Jordan Blake Pennington City Council Assistant City Attorney Kara Paxton, City Clerk/Treasurer Jodi Batker Paralegal CC: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer FROM: Kit Williams, City Attorney -- 1L DATE: March 1, 2022 RE: Resolution to support the Ukrainian military and citizen volunteers in their resistance against the Russian invaders After months of lies by Vladimir Putin and his cronies that he was not planning to invade Ukraine despite massing almost all of Russia's army on the Ukraine border, Vlad gave the illegal order for Russia's unprovoked attack guaranteeing thousands of deaths. Ukraine had never threatened Russia nor its people before this massive unprovoked Russian invasion. Putin has now attained war criminal status. If Putin believed that the Ukrainian military and its patriotic citizens would surrender without a fight, he was sorely mistaken. It is clear that the Russian army is much larger and better equipped than Ukraine's military. True heroism occurs when an outmanned and outgunned force stands strong and resolute against a larger and more powerful invader. History has revealed that sometimes, "it is not the size of the dog in the fight, but the size of the fight in the dog." Ukraine may eventually be overwhelmed by the much larger invading Russian army, with support of the Russian Air Force and Navy, but one must admire the courage and determination of the Ukrainian military and especially its patriotic leadership and citizens in their defense of the liberty and homeland. Attached is the informative Editorial of the Northwest Arkansas Democrat Gazette of Monday, February 28, 2022 detailing Putin's lies and duplicity leading up to this unprovoked and illegal invasion. 6B • MONDAY. FESRUARY 28. 2022 „ Editorial Page NORI HWFsr ARKANSAS Democrat .pn (0flzQtte EDITORIALS . its own sports betting content. The al argument, ... t, .the......._ _...,....",..,s., Ln let the chips fall sccand app could be operated with where they may. Duplicity, you say? Wait here while we clutch our pearls Aiu:ANsm DmOcxnr-GAUrm rve thanks to factcheck.org. many news sites on the inter - net, and our own newspaper archives. Because of them, the rest of US have learned another lesson when dealing with the Russians and Vlad- imir Patin. With this guy, maybe the standard operating phrase should be Don't'lkust, Jost Verify. Nov. lk DinitryPeskat, spokesman for Vlad the ltnpaler, said this about plans his country had for invading Ukraine: The very idea was "a hoUow and nnfount:14M attempt to incite ten- sions." And "Russia dnesn't threaten anyone The inavament of troops On our territory shouldn't be a cause for anyone's concern." Nov. 2L' Mr. Prskov again: "This.hys- teria is being artificially whipped up. We are being accused of some kind of unusual m[litary activity on our ter- ritory by those who havr brought in their armed forces from across the ocean. Tltai is, the United slates of America. It's not really logical or po- lite." Nov. 22: Mr. Peskov in Pravda. which is to say, to his own people: "Russia does not lmrbor any aggressive plans. it N completely wrong to say the opposite, and it is completely wrong to associate any moyement of the Rus- sian Armed Forces across the territory ofourcut, ittry with such plans•'I"his is just lies-- I mean those very fakes:' PuL. 28: in a radio interview. Russian Foreign Minister 5ergey 1 wvrov said: "There won't be a war as far as it de- pcnds on the Russian Federation. We don't want a war. lht we won't let our interests be rudely Iramplcd on and ig- nore&' Feb. 12: Sergey 14 wrov Was on a Phone call with this nation's secretary of state, and accused the United States of "engaging in a propaganda cam- paign agalnst Russia" Can the same slay; Putin's top lareign policy aide Hushed aside all the invasion warnings. saying the situation "]sal simply been brought to the point a rabsu rdi ry." Feb. 13: When American spooks started spreading the Word that the in- vasion could happen any dry, the Rus- slan Foreign Ministry's spokesperson said: "American politicians have lied, are lying; and wilt continue to lie, cre- ating prelext to attack civil Inns around the world" Fell. 14: The Papers say "Russia's Defense Nfinistry said Tbesday that some troops deployed front military districts bordering Ukraine were being: loaded onto trains and trucks and sent back to their garrison, marking Rus- sia's latest step away from the Threat of an hnrtsios>." NA'I'U commanders said thaL sounded good and all, but they hadn't noticed any such thing. Feb. 17: Arxsurding to Bloomberg: COLUMNIST Who but us? entral to much of the skepticism re- OPINION girding America's involvement in the crisis in Ukraine is the question: "Who are we?"Bret Who are we, with our long history of inva• r 11— Stephens lions and interventions, to lecture Vladimir Putin about respecting national sovereignty and international law?- Who are we, Willi our , Jan.�11: At a press conference, the Russian deputy foreign minister in Ge- neva said: ""Essentially it is said that Russia watts to trade its, quote -un- quote, threat against Ukraine for more Flexibility on the part of U.S. and the West. This is not the case because we have no intention to invade Ukraine. And thus, there is nothing to trade with" Jan. 17: The Associated Press report- ed that Russia's top diplomat became angry when rejecting allegations of a looming invasion, accusing the United States of"total disinformation." Jan. 24: At a daily briefing in Mos- cow, the spokesman for President Patin said: "In general, we state and would like to draw your attention to the fact that the escalation of tension is carried out through information ac- tions and concrete actions taken by the United States of America and NATO. Speaking about information actions, I mean the information hysteria that we are witnessing. It is generously framed by a huge amount of false information, Ukraine was underway and none was planned. But the Kremlin said in an official response to the Biden adminis- tration's proposed security assurances that the offers were unsatisfactory and Russia might have to resort to unspeci- fied 'military -technical measures!" resident of France Emmanuel Macron told the pupas late last week that there was "duplicity" on Vladimir Patin's part when they talked on the phone several times be- fore the invasion. "Yes, there was du- plicity," he said. "Yes, there was a de- liberate, conscious choice to launch war when we could still negotiate peace." Do you think? The rest of the world needs to keep this in mind when dealing with these, folks again Breaking News: Friday morning, Russia put out word that it was "open to negotiations" and may agree to talks in regard to Ukraine. Does anybody believe that? Noon tw s•r ARKAws' Democrat700azette Owned and operated by WEHCO Media Walter E. Hussman, Jr., Publisher Brent A. Powers Rusty Turner Greg Harlon President Editor Editorial Page Editor Lisa Thompson Jim Tally Carla Gardner Managing Editor subscriber Services Director Director of Finance Williams, Kit From: Sent: To: Cc: Subject: Kit, This looks great, thank you! Holly Hertzberg, Holly Monday, February 28, 2022 5:16 PM Williams, Kit Turk, Teresa; Batker, Jodi Re: Resolution to support Ukraine On Feb 28, 2022 at 5:00 PM, <Kit Williams> wrote: Teresa and Holly, I changed "Ukraine" to "Ukrainian" in a couple of places after I confirmed this was the correct terminology. Kit From: Williams, Kit Sent: Monday, February 28, 2022 4:02 PM To: Turk, Teresa <teresa.turk@fayetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov> Cc: Batker, Jodi <jbatker@fayetteville-ar.gov> Subject: RE: Resolution to support Ukraine Teresa and Holly, Both of you emailed me yesterday and asked me to draft a Resolution to support Ukraine for the March 15t meeting. Attached is my proposed draft Resolution for your consideration. If this is what you wanted, please approve it. If changes need to be made, please let me know, and I will change it. Also attached is the Agenda request form. You may approve this by simply saying so in an email back to me. The we will put it into Legistar. Kit From: Turk, Teresa Sent: Sunday, February 27, 2022 9:25 AM To: Williams, Kit <kwilliams fa etteville-ar, ov> Subject: Re: Resolution to support Ukraine Hi Kit, Please let me know if you don't have time and I could try to draft some points. Thanks for all you do for our city, Teresa From: Turk, Teresa Sent: Sunday, February 27, 2022 9:21 AM Williams, Kit From: Turk, Teresa Sent: Monday, February 28, 2022 9:37 PM To: Williams, Kit Cc: Hertzberg, Holly; Batker, Jodi Subject: Re: Resolution to support Ukraine Attachments: scan.pdf Thank you Kit! I will sign and scan the agenda request form. Teresa Sent from my iPhone On Feb 28, 2022, at 5:00 PM, Williams, Kit <kwilliams@fayetteville-ar.gov> wrote: Teresa and Holly, I changed "Ukraine" to "Ukrainian" in a couple of places after I confirmed this was the correct terminology. Kit From: Williams, Kit Sent: Monday, February 28, 2022 4:02 PM To: Turk, Teresa <teresa.turk@fayetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville- ar.gov> Cc: Batker, Jodi <jbatker@fayetteville-ar.gov> Subject: RE: Resolution to support Ukraine Teresa and Holly, Both of you emailed me yesterday and asked me to draft a Resolution to support Ukraine for the March 15t meeting. Attached is my proposed draft Resolution for your consideration. If this is what you wanted, please approve it. If changes need to be made, please let me know, and I will change it. Also attached is the Agenda request form. You may approve this by simply saying so in an email back to me. The we will put it into Legistar. Kit From: Turk, Teresa Sent: Sunday, February 27, 2022 9:25 AM To: Williams, Kit <kwilliams fa etteville-ar. ov> Subject: Re: Resolution to support Ukraine Hi Kit, Please let me know if you don't have time and I could try to draft some points. Thanks for all you do for our city, Teresa To: Williams, Kit <kwilliams fa etteville-ar. ov> Subject: Resolution to support Ukraine Hi Kit, I had a constituent who reached out to me requesting that the city of Fayetteville pass a resolution supporting the people of Ukraine and to encourage businesses to light their establishments with yellow and blue lights in a show of solidarity. Little Rock has shown their solidarity with the Ukrainian citizens by changing the color of the bridge across the Arkansas River and I think Fayetteville should follow suit. Too bad we don't have such a prominent feature as a bridge. Please give me a call if we need to discuss and I hope we can walk this item on for Tuesday's council meeting. Thanks so much! Teresa Turk City Council Member Ward 4 Position 1 Fayetteville, AR 72701 ward4 poslCa@fayetteville-ar.gov 206.713.2265 RESOLUTION NO. A RESOLUTION TO EXPRESS THE SUPPORT OF THE FAYETTEVILLE CITY COUNCIL FOR THE UKRAINIAN MILITARY AND THE UKRAINIAN CITIZENS' BRAVE DEFENSE OF THEIR COUNTRY AGAINST THE UNPROVOKED, ILLEGAL, AND BRUTAL RUSSIAN INVASION WHEREAS, Vladimir Putin and his spokesmen since at least November 12, 2021 have consistently and continuously lied about and denied their planned invasion of Ukraine; and WHEREAS, as late as February 16, 2022, Russia's media reported that "Russia's Defense Ministry said Tuesday that some troops deployed from military districts bordering Ukraine were being loaded onto trains and trucks and sent back to their garrison, marking Russia's latest step away from the threat of an invasion" (Northwest Arkansas Democrat Gazette 2-28-22 Editorial); and WHEREAS, immediately before this illegal invasion began, Putin during a personal phone call with French President Macron again lied that no invasion was planned; and WHEREAS, this lie could not hide the truth that Russia began an unprovoked and illegal invasion of Ukraine on several fronts shortly thereafter; and WHEREAS, Ukrainian troops joined by thousands of Ukrainian civilian volunteers have bravely rallied to the defense of their homeland, its democratic government and their own liberty to fight the Russian invaders. 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 admiration and full support for the Ukrainian military's courage and resolve and the Ukrainian patriots' brave and heroic resistance against Russia's unprovoked, illegal, inhumane and intolerable invasion of the sovereign nation and the peace -loving citizens of Ukraine. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby calls upon all Fayetteville citizens and businesses to visibly and loudly support and honor Ukraine's continuing heroic resistance against the war criminal, Vladimir Putin, and his crony Kremlin supporters. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby supports the peace - loving Russian people and request that they continue and increase their public opposition to this unprovoked, illegal, unjust and needless war against their neighbors as well as their opposition to this corrupt tyrant who has even made veiled threats of nuclear war. PASSED and APPROVED this I" day of March, 2022. Legistar ID No.: 2022-*Od.D7 AGENDA REQUEST FORM FOR: Council Meeting of March 1, 2022 FROM: Council Members D'Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO REQUEST THAT THE ADMINISTRATION DELAY THE DEADLINE FOR ITS APPLICATION PROCESS FOR AMERICAN RESCUE PLAN ACT FUNDING FOR NON -PROFITS AND CONDUCT A CITY COUNCIL INPUT SESSION APPROVED FOR AGENDA: Appt—1 � eMa, l City Council Member D'AndreJones City Attorney Kit Williams Approved as to form Date MA-r,L ( (,3 z-x— Date Batker, Jodi From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, March 01, 2022 4:34 PM To- Batker, Jodi Subject: Re: Resolution and Agenda Request inn eman originated rrom outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Looks good On Tue, Mar 1, 2022 at 2:45 PM Batker, Jodi <ibatker(@favetteville-ar gov> wrote: Council Member Jones, Please find attached the Resolution and Agenda Request for your review and signature. If the Resolution does not need any changes made, you can approve by email also. Thank you. Jodi Batker Paralegal 113 W. Mountain St., Suite 302 Fayetteville Arkansas 72701 Telephone: (479) 575-8313 jbatker@Fayetteville-ar,gov Williams, Kit From: D'Andre Jones cdre91732000@gmail.com> Sent: Monday, February 28, 2022 4:11 PM To: Williams, Kit Subject: Resolution to change ARPA guidelines CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey Kit, I have spoken with various nonprofit leaders and citizens concerning ARPA funding. The current guidelines projects must be provided by a qualifying non-profit that has been in existence for a minimum of 3 years, must have a minimum funding request of $50,000, and American Rescue Plan Act funding will be provided on an expenditure reimbursement basis only are viewed as barriers for those who have been more severely impacted by COVID. The resolution is asking for council members to focus on pausing the application process for guidelines changing before the 18th deadline and reopening with a revised program and extending the end date. The resolution is recommending for the council to work on what an equitable distribution would look like across disbursement areas like NGOs and economic vitality and consider discussing a format for hearing from the NGOIS that apply. Should there be a listening session to vet out all possible ideas and needs, need groups present to come forward to the council with needs seen in the community and how NGO have been impacted, and invite groups throughout Fayetteville to be a part of the process? The focus could be on 1) improvising quality of housing 2) brand new housing - Earmark money with the intent and purpose for this and put in place a process for those monies and put forward criteria for how RFP would be needed - who in the population most impacted and a special watch for making equitable disbursement. Best Regards, D'Andre L. Jones - MSW, MA Fayetteville City Council Ward 1 Position 2 RESOLUTION NO. A RESOLUTION TO REQUEST THAT THE ADMINISTRATION DELAY THE DEADLINE FOR ITS APPLICATION PROCESS FOR AMERICAN RESCUE PLAN ACT FUNDING FOR NON -PROFITS AND CONDUCT A CITY COUNCIL INPUT SESSION WHEREAS, some City Council Members would like to have additional input through a work session on the current Administration process for non-profit organizations to request American Rescue Plan Act funding from the City of Fayetteville; and WHEREAS, to accommodate this work session and any possible changes in the application requirements and process, the City Council requests that the application deadline be extended into April. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby requests that the Mayor delay the current application process for non-profit organizations to request grants into April, 2022 and conduct a work session for those Council Members who wish to share ideas and have input on how the American Rescue Plan Act funds should be distributed and how the application process should be administered. PASSED and APPROVED this 1"day of March, 2022. 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 City Council Tentative Agenda Tuesday, February 22, 2022 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr 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 February 22, 2022 Zoom Information: Webinar ID: 819 2845 5442 Public Registration Link: https: Hus06web.zoom.us/webinar/register/WN_7pj vUDdgR30yniFyIhN 1-w Call To Order 1. 2022-0106 OATH OF OFFICE - CITY COUNCIL AGENDA SESSION MIKE WIEDERKEHR, COUNCIL MEMBER WARD 2 POSITION 2 Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2021-1075 MONTHLY FINANCIAL REPORT Proposed Agenda Additions A. Consent: A.1 2021-1045 APPROVAL OF THE FEBRUARY 15, 2022 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 2 Printed on 212512022 City Council Agenda Session Tentative Agenda February 22, 2022 A.2 A.3 A.4 MR 2022-0093 FAYETTEVILLE PUBLIC SCHOOLS COST SHARE AGREEMENT: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS FOR THE UPSIZING OF A WATER LINE ALONG RUPPLE ROAD WITH A REFUND IN AN ESTIMATED AMOUNT OF $94,890.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,978.00 2022-0098 FIRE DEPARTMENT ANNUAL EMPLOYEE SERVICE AWARDS EVENT: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $300.00 REPRESENTING DONATION REVENUE TO THE FAYETTEVILLE FIRE DEPARTMENT FROM THE REYNOLDS FAMILY FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT 2022-0134 LION MANUFACTURING: A RESOLUTION TO AUTHORIZE THE PURCHASE OF BUNKER GEAR COATS AND PANTS FROM LION MANUFACTURING THROUGH NAFECO, INC., PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, IN THE AMOUNT OF $101,869.95 PLUS APPLICABLE TAXES AND FREIGHT CHARGES 2022-0104 ARKANSAS DEPARTMENT OF TRANSPORTATION HIGHWAY 16 PROJECT: A RESOLUTION TO AUTHORIZE THE DEDICATION OF APPROXIMATELY 380 SQUARE FEET OF RIGHT-OF-WAY TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 PROJECT City of Fayetteville, Arkansas Page 3 Printed on 2/25/2022 City Council Agenda Session Tentative Agenda February 22, 2022 A.6 2022-0105 ARKANSAS HISTORIC PRESERVATION PROGRAM: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT ACCEPTING A CERTIFIED LOCAL GOVERNMENT GRANT THROUGH THE ARKANSAS HISTORIC PRESERVATION PROGRAM TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS A.7 2022-0132 BID #21-79 SWEETSER CONSTRUCTION, INC. - 2019 TRAIL IMPROVEMENT BOND PROJECT: A RESOLUTION TO AWARD BID #21-79 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $535,029.00 FOR CONSTRUCTION OF THE MISSION -RAZORBACK GREENWAY CONNECTOR PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRAIL IMPROVEMENT BOND PROJECT A.8 2022-0142 ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM'S OUTDOOR RECREATION GRANT PROGRAM: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A 50150 MATCHING GRANT AGREEMENT WITH THE ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM'S OUTDOOR RECREATION GRANT PROGRAM, IN THE AMOUNT OF $220,000.00 FOR PARK IMPROVEMENTS AT GULLEY PARK City of Fayetteville, Arkansas Page 4 Printed on 2/25/2022 City Council Agenda Session Tentative Agenda February 22, 2022 A.9 2022-0145 RFP 21-10 THE FIELD SHOP, INC.: A RESOLUTION TO AWARD RFP 21-10 TO THE FIELD SHOP, INC. AND AUTHORIZE THE INSTALLATION OF A NEW TIGHTROPE MEDIA SYSTEMS PEG CHANNEL PLAYOUT SYSTEM IN THE TELEVISION CENTER FOR THE AMOUNT OF $57,428.88 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES B. Unfinished Business: B.1 B.2 2022-0081 RZN-2021-087 (N. FUTRALL DR. BETWEEN WEDINGTON DR. & MLK BLVD./BARNES SOUTH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-087 LOCATED ON NORTH FUTRALL DRIVE BETWEEN WEDINGTON DRIVE AND MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 9.40 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES At the February 15, 2022 City Council meeting this ordinance was left on the first reading. 2022-0082 RZN-2021-092 (SOUTH OF 375 N. RUPPLE D./RIVERWOOD HOMES & MCBRYDE FAMILY): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-092 LOCATED SOUTH OF 375 NORTH RUPPLE ROAD FOR APPROXIMATELY 5.34 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES AND APPROXIMATELY 0.34 ACRES FROM CS, COMMUNITY SERVICES TO R-A, RESIDENTIAL AGRICULTURAL At the February 15, 2022 City Council meeting this ordinance was left on the first reading. City of Fayetteville, Arkansas Page 5 Printed on 2/25/2022 City Council Agenda Session Tentative Agenda February 22, 2022 B.3 2022-0038 AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION: AN ORDINANCE TO AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION OF THE UNIFIED DEVELOPMENT CODE TO ADDRESS INCORRECT REFERENCES, CLARIFY WHAT QUALIFIES AS EXISTING IMPERVIOUS AREA, AND REMOVE REDUNDANCIES AND AMBIGUITIES FROM THE FLOOD DAMAGE PREVENTION CODE At the February 15, 2022 City Council meeting this ordinance was left on the first reading. C. New Business: C.1 2022-0433 VAC-2022-002: (430 W. DICKSON ST./TIN ROOF BAR): AN ORDINANCE TO APPROVE VAC 22-0002 FOR PROPERTY LOCATED AT 430 WEST DICKSON STREET TO VACATE A PORTION OF A WATER/SEWER EASEMENT C.2 2022-0138 VAC-2022-003: (100 N. SKYLINE DR./GREMILLION-HICKS): AN ORDINANCE TO APPROVE VAC 22-0003 FOR PROPERTY LOCATED AT 100 NORTH SKYLINE DRIVE TO VACATE A PORTION OF A WATER/SEWER EASEMENT D. City Council Agenda Session Presentations: D.1 2022-0019 AGENDA SESSION PRESENTATION - MICROMOBILITY UPDATE City of Fayetteville, Arkansas Page 6 Printed on 2/25/2022 City Council Agenda Session Tentative Agenda February 22, 2022 D.2 2021-1076 AGENDA SESSION PRESENTATION - SALES TAX REPORT, PAUL BECKER ENERGY REPORT, PETER NIERENGARTEN E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 7 Printed on 212512022 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0106 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Oaths of Office Agenda Number: 1. OATH OF OFFICE - CITY COUNCIL AGENDA SESSION MIKE WIEDERKEHR, COUNCIL MEMBER WARD 2 POSITION 2 City of Fayetteville, Arkansas Page 1 Printed on 212512022 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1075 Agenda Date: 3/1/2022 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 212512022 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1045 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A.1 APPROVAL OF THE FEBRUARY 15, 2022 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 212512022 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0093 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 FAYETTEVILLE PUBLIC SCHOOLS COST SHARE AGREEMENT: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH FAYETTEVILLE PUBLIC SCHOOLS FOR THE UPSIZING OF A WATER LINE ALONG RUPPLE ROAD WITH A REFUND IN AN ESTIMATED AMOUNT OF $94,890.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $18,978.00 WHEREAS, Fayetteville Public Schools is constructing a new middle school on Rupple Road which requires an 8-inch waterline to service the project; and WHEREAS, the City's water master plan identifies a 12-inch waterline grid every'/z-mile and this project provides an opportunity to cost share for a 12-inch line instead of 8-inch line at an estimated cost to the City of $94,890.00; and WHEREAS, pursuant to Ark. Code Ann. § 19-11-251, agreements between public procurement units for intergovernmental use of commodities and services are exempt from competitive bidding requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a cost share agreement with Fayetteville Public Schools to upsize an 8-inch waterline along Rupple Road to a 12-inch waterline with a refund in an amount not to exceed $94,890.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and further approves a project contingency in the amount of $18,978.00. City of Fayetteville, Arkansas Page 1 Printed on 212512022 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2022-0093 Legistar File ID 3/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/9/2022 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a cost share agreement with Fayetteville Public Schools in an amount not to exceed $94,890.00 to upsize an 8-inch diameter water main to 12-inch diameter for the construction of a new middle school, and approval of a project contingency in the amount of $18,978.00. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 04039.1 Water Impact Fee Cost Sharing Projects Project Number Project Title Budgeted Item? Yes Current Budget $ 1,343,130.00 Funds Obligated $ 593,457.60 Current Balance 749,672.40 Does item have a cost? Yes Item Cost $ 113,868.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 635,804.40 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 1, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: February 9, 2022 CITY COUNCIL MEMO SUBJECT: Fayetteville Public Schools — Cost Share Agreement for Upsizing a Water Main on Rupple Road RECOMMENDATION: Staff recommends approval of a cost share agreement with Fayetteville Public Schools in an amount not to exceed $94,890.00 to upsize an 8-inch diameter water main to 12-inch diameter for the construction of a new middle school on Rupple Road, and approval of a project contingency in the amount of $18,978.00. BACKGROUND: A new middle school is under construction on Rupple Road and is required to install an 8-inch waterline to service the project. The City's Water Master Plan has recommended an approximate 12-inch waterline grid throughout the city at 1/2-mile spacing. As developments have occurred, the City has participated to extend 12-inch waterlines along the newer portion of Rupple Road between Persimmon Street and MLK Blvd. in pursuit of this recommendation. DISCUSSION: This project presents an opportunity for the City to pay the upcharge for installation of approximately 1,378 feet of 12-inch water main. The overall project was priced from the contractor performing the utility work for the school district. To install just the 8-inch water main would have a cost of $315,720.00, and to install the 12-inch water main would have a cost of $410,610.00. The difference of $94,890.00 is the amount that the City is proposing a cost share on. Since the Water Master Plan recommends this larger diameter, staff recommends approval of a cost share agreement with Fayetteville Public Schools in an amount not to exceed $94,890.00 to pay for 100% of the cost to upsize the water main. Staff also recommends approval of a project contingency in the amount of $18,978.00 to cover any unexpected additional costs that could arise during construction. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds are available within the Water/Sewer Impact Fee Cost Sharing account. Attachments: Cost Share Agreement Area Map Cost Share Request Letter with Engineering/Construction Estimates CONTRACTUAL AGREEMENT FOR COST SHARE OF WATER MAIN INSTALLATION COSTS This Agreement, made and entered into on this day of March, 2022, by and between the City of Fayetteville, Arkansas ("City") and Fayetteville School District No. 1 of Washington County ("FPS"), witnesseth: WHEREAS, FPS is extending an 8-inch water main along Rupple Road and is to facilitate the construction of a new middle school which will be served by the City of Fayetteville's water system; and WHEREAS, the City's Water Master Plan recommends a 12-inch water main in this area to provide capacity for future development; and WHEREAS, constructing this segment of water main will provide service to the new middle school, allow the City to upsize the water main from 8-inch to 12-inch to follow the recommendation of the City's Water Master Plan, and also allow for ample future capacity which the City recognizes will be necessary for the area that is served by this water main. NOW, THEREFORE, the City of Fayetteville, Arkansas and FPS agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse FPS for 100% of the cost to upsize the required 8-inch water main to 12-inch water main in the area identified in Exhibit "A" up to a maximum -not -to - exceed amount of 94,890.00, as was estimated by the builder's representatives and shown on Exhibit "B", attached. B. Payments due to FPS, shall be remitted within sixty (60) days after receipt of valid invoices upon completion of the project. 2. FPS agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable water main installation, including submittal of plans and specifications to the City's Engineering Department, per their standard procedures. B. Submit all required plans and specifications to the City and receive approval from the City's Engineering and Utilities Departments prior to commencing work on the project. C. Provide a copy of the invoices from the Contractor upon City approval of the water main installation. D. Pay for the water main installation (with reimbursement from the City of Fayetteville not to exceed $94,890.00). IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: FAYETTEVILLE PUBLIC SCHOOLS CITY OF FAYETTEVILLE, ARKANSAS ATTEST: By: 4�-C" DR. MEGAN DUNCAN, Associate Superintendent LIONELD JORDAN, Mayor ATTEST: KARA PAXTON, City Clerk 699 w Baitidt=ra St 766 7713 798 801 798 620 823 822 872 875 M 674 EXHIBIT A Ul ;l { /i 791 825 677 914 917 Ln 916 919 926 929 928 931 938 941 940 943 New Fayetteville Middle School Location W Santa Fe..St 4257 4235 4223 4211 4199 1 4258 4238 4220 4188 4236 4216 4755 4232 4214 4254 4230 4210 W Coolidge pl 1 i17£ 4267 4259 Water main proposed to be upsized from 8" to 12" JORGENSEN ♦ +ASSOCIATES Cvil Engineering SurveY ng November 11, 2021 City of Fayetteville Development Services 113 West Mountain Street Fayetteville, AR 72701 EXHIBIT B Re: Fayetteville Middle School Waterline Extension 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Mwww.lorgensenassoc.com Established 1985 In regards the waterline extension along the Rupple Road, we are kindly seeking a cost share with the city for this extension to upgrade the line from an 8 inch to a 12 inch. While this particular expenditure is currently be incurred by one developer (Fayetteville Public Schools), we think that it is reasonable to anticipate further development along with corridor and the upgrading line will aid in this future growth. Therefore, we are asking that a portion of this extension be cost shared by the City. 8" Waterline Installation Cost: $315,720 Engineering/Surveying/Inspection: $31,572 Total Costs: $347,292 12" Waterline Installation Cost: $410,610 Engineering/Surveying/Inspection: $31,572 Total Costs: $442,182 We are kindly asking that the City cost share the difference in this upgrade to this extension: $442,182 - $347,292 = $94,890 We also are seeking to allow a provision for overruns to be cost shared in the event that substantial rock is encountered or if unknown circumstances require existing utilities to be relocated. Please review at your convenience and let us know how we can be of further assistance for this project. CW Utilities LLC 14491 Skyview E. Rd West Fork, AR 72774 PH: (479) 846 - 4847 Cell: (479) 414 - 4129 Email: estimator@crosswaterconstruction.net Fayetteville New Middle School The price for the new water line using 12-inch C-900 is $410,610 Includes: • Approx. 73-feet Jack & Bore with steel encasement • Approx. 1,378-feet of 12-inch C900 w/ fittings • Three Fire Hydrant Assemblies • Vertical transition to go under storm drain • Steel encasement going under storm drains • One tee w/ valve for Fire Line • Approx. 180-feet of 8" C-900 w/ fittings • One Blow -Off • Anchor Collars The price for the new water line using 8-inch C-900 is $315,720 Includes: • Approx. 73-feet Jack & Bore with steel encasement • Approx. 1,558-feet of 8-inch C900 w/ fittings • Three Fire Hydrant Assemblies • Vertical transition to go under storm drain • Steel encasement going under storm drains • One tee w/ valve for Fire Line • One Blow -Off • Anchor Collars Price for 12-inch: $410,610 Price for 8-inch: $315,720 Difference of: $ 94,890 Submitted by: Jason Stallings, Estimator Sub Contractor's Summary Price Difference Scope of Work Description: Price Difference Between 12" & 8" Trade: Underground Utilities Sub's Name: CW Utilities Project: NMS Date: 11 /1 /2021 Sales Tax %: 9.50% Scope of Work Description Materials Labor Equipment Total Cost Item Description 112-inch Unit Qty Cost Per Unit Total Rate # MH Hours Total Eq. Type I # Hrs. Rate I Total 12-inch Material C-900 FT 1 12781 $73.451 $93,869.10 1 $0.00 1 1 $0.00 $93,869.10 12-inch 45's PC 1 5 $728.001 $3,640.001 1 $0.001 1 1 $0.00 $3,640.00 12-inch 11.25's PC I 41 $704.001 $2,816.001 1 $0.00I 1 1 $0.00 $2,816.00 12-inch 22.5 PC 1 3 $822.131 $2,466.391 1 $0.001 1 1 $0.00 $2,466.39 12x6 Anchor Tee PC 1 4 $1,197.901 $4,791.601 $0.00 1 $0.00 $4,791.60 12x8 Anchor Tee PC 1 3 $1,250.001 $3,750.001 1 $0.001 1 $0.00 $3,750.00 12-inch Anchor Coupling PC 1 6 $1,289.161 $7,734.961 1 $0.001 1 1 $0.00 $7,734.96 12-inch Cap PC 1 2 $549.871 $1,099.741 1 $0.001 1 1 $0.00 $1,099.74 12-inch Valve PC 1 3 $3,250.00 $9,750.00 $0.00 1 1 $0.00 $9,750.00 24-inch Casing FT 1 105 $140.351 $14,736.751 1 $0.001 1 1 $0.00 $14,736.75 24-inch End Seal PC 1 6 $156.001 $936.001 1 $0.001 1 1 $0.00 $936.00 Casing Spacers PC 1 11 $195.001 $2,145.001 1 $0.001 1 1 $0.00 $2,145.00 Class 67 Rock Ton 1 566.581 $24.00 $13,597.92 $0.00 1 1 $0.00 $13,597.92 Class 7 Base Ton 1 66.51 $21.001 $1,396.501 1 $0.001 1 1 $0.00 $1,396.50 8-inch Material 8-Inch C-900 FT 1 1278 -$31.25 -$39,937.501 1 $0.001 1 1 $0.00 -$39,937.50 8-inch 45's PC 1 5 -$44.00 -$220.001 1 $0.001 1 1 $0.00 -$220.00 18-inch 11.25's PC 1 41 -$396.001 -$1,584.001 1 $0.001 1 1 $0.00II -$1,584.00 8-inch 22.5 PC 1 3 -$388.00 -$1,164.001 1 $0.001 11 1 $0.00 -$1,164.00 8x6 Anchor Tee PC 1 4 -$603.00 -$2,412.001 $0.00 1 $0.00 -$2,412.00 8x8 Anchor Tee PC 1 3 -$790.00 -$2,370.001 1 $0.001 1 1 $0.00 -$2,370.00 8-inch Anchor Coupling PC 1 6 -$575.00 -$3,450.001 1 $0.001 1 1 $0.00 -$3,450.00 8-inch Cap PC 1 2 -$310.00 -$620.00 $0.00 1 1 $0.00 -$620.00 8-inch Valve PC 1 3 -$1,900.00 -$5,700.001 1 $0.001 J 1 $0.00 -$5,700.00 116-inch Casing FT 1 1051$101.231 -$10,629.151 1 $0.001 1 1 $0.00 -$10,629.15 16-inch End Seal PC 1 6 -$78.00 -$468.001 1 $0.001 1 1 $0.00 -$468.00 Casing Spacers PC 1 11 -$49.40 -$543.401 1 $0.001 1 1 $0.00 -$543.40 Class 67 Rock Ton 1251.811 -$24.00 -$6,043.441 1 $0.001 1 1 $0.00 -$6,043.44 Class 7 Base Ton 1 44.33 -$21.00 -$930.931 1 $0.001 1 1 $0.00 -$930.93 Subtotals $86,657.541 1 0.01 $0.00 PAGE 1 OF 1 0.01 1 $0.00 Taxes Sub's Mark Up Total Cost $86,657.54 $8,232.47 $0.00 $94,890.01 Sub Contractor's Summary Price Difference Scope of Work Description: Price Difference Between 12" & 8" Trade: Underground Utilities Sub's Name: CW Utilities Project: NMS Date: 11 /1 /2021 Sales Tax %: 9.50% Scope of Work Description Materials Labor Equipment Total Cost Item Description 112-inch Unit Qty Cost Per Unit Total Rate # MH Hours Total Eq. Type I # Hrs. Rate I Total 12-inch Material C-900 FT 1 12781 $73.451 $93,869.10 1 $0.00 1 1 $0.00 $93,869.10 12-inch 45's PC 1 5 $728.001 $3,640.001 1 $0.001 1 1 $0.00 $3,640.00 12-inch 11.25's PC I 41 $704.001 $2,816.001 1 $0.00I 1 1 $0.00 $2,816.00 12-inch 22.5 PC 1 3 $822.131 $2,466.391 1 $0.001 1 1 $0.00 $2,466.39 12x6 Anchor Tee PC 1 4 $1,197.901 $4,791.601 $0.00 1 $0.00 $4,791.60 12x8 Anchor Tee PC 1 3 $1,250.001 $3,750.001 1 $0.001 1 $0.00 $3,750.00 12-inch Anchor Coupling PC 1 6 $1,289.161 $7,734.961 1 $0.001 1 1 $0.00 $7,734.96 12-inch Cap PC 1 2 $549.871 $1,099.741 1 $0.001 1 1 $0.00 $1,099.74 12-inch Valve PC 1 3 $3,250.00 $9,750.00 $0.00 1 1 $0.00 $9,750.00 24-inch Casing FT 1 105 $140.351 $14,736.751 1 $0.001 1 1 $0.00 $14,736.75 24-inch End Seal PC 1 6 $156.001 $936.001 1 $0.001 1 1 $0.00 $936.00 Casing Spacers PC 1 11 $195.001 $2,145.001 1 $0.001 1 1 $0.00 $2,145.00 Class 67 Rock Ton 1 566.581 $24.00 $13,597.92 $0.00 1 1 $0.00 $13,597.92 Class 7 Base Ton 1 66.51 $21.001 $1,396.501 1 $0.001 1 1 $0.00 $1,396.50 8-inch Material 8-Inch C-900 FT 1 1278 -$31.25 -$39,937.501 1 $0.001 1 1 $0.00 -$39,937.50 8-inch 45's PC 1 5 -$44.00 -$220.001 1 $0.001 1 1 $0.00 -$220.00 18-inch 11.25's PC 1 41 -$396.001 -$1,584.001 1 $0.001 1 1 $0.00II -$1,584.00 8-inch 22.5 PC 1 3 -$388.00 -$1,164.001 1 $0.001 11 1 $0.00 -$1,164.00 8x6 Anchor Tee PC 1 4 -$603.00 -$2,412.001 $0.00 1 $0.00 -$2,412.00 8x8 Anchor Tee PC 1 3 -$790.00 -$2,370.001 1 $0.001 1 1 $0.00 -$2,370.00 8-inch Anchor Coupling PC 1 6 -$575.00 -$3,450.001 1 $0.001 1 1 $0.00 -$3,450.00 8-inch Cap PC 1 2 -$310.00 -$620.00 $0.00 1 1 $0.00 -$620.00 8-inch Valve PC 1 3 -$1,900.00 -$5,700.001 1 $0.001 J 1 $0.00 -$5,700.00 116-inch Casing FT 1 1051$101.231 -$10,629.151 1 $0.001 1 1 $0.00 -$10,629.15 16-inch End Seal PC 1 6 -$78.00 -$468.001 1 $0.001 1 1 $0.00 -$468.00 Casing Spacers PC 1 11 -$49.40 -$543.401 1 $0.001 1 1 $0.00 -$543.40 Class 67 Rock Ton 1251.811 -$24.00 -$6,043.441 1 $0.001 1 1 $0.00 -$6,043.44 Class 7 Base Ton 1 44.33 -$21.00 -$930.931 1 $0.001 1 1 $0.00 -$930.93 Subtotals $86,657.541 1 0.01 $0.00 PAGE 1 OF 1 0.01 1 $0.00 Taxes Sub's Mark Up Total Cost $86,657.54 $8,232.47 $0.00 $94,890.01 E I _— �sor�SM�ARF,�L .e � � reDpxxpxxp�Nxx� arxwA 7. .,.� SCIAGIF I,e mwx.. eAll GRAPHIC SCALE A. g-- oAln I� r 65-16271-102ZZ" � .MST N DEvemPFa: JORGEm E,xxs. PSR1 rngl rM] fAYETTEVILLEPPoUB'ZC0]H00LS CONSULTING IN PoBO%999 CONSULTING ENGINEERS INC. `^' C FAYEFlEVILL WEST SLE AS SUITE5 YY L fAYET—NO,AR ]2)03 (4]91442-9121 C PI zr $$ .J d z� /// �1 rerereo-o-o-lll��I—{{{IIPI����II,I mxmc.wnLA AS I— I., /� 1 RN I I£GPL DESCflIP110N: NOTES, �t AEd SM NE1/4 of Me NE114 part If Me W114Ath,NE1/40N-21, antls pan M Me SW'1/4 MMe SE1/4 M SIS113 a11'n T16N, SNOW ix WasA'ungtpx CguMy, Aid N,axtlA gd,—I,,d as illwvs:lCgmmarAng al BY NE Comerd-NE1/4. NE1/4 sad pNMceggan 1. FLAT PAGE R556. JJ 5MRL Mence NB855'35W 2GS5 ARF b Me west NM N w M 2.PARCELNUMBER'. 165-I62/1-1028]6522366]02. 9 uDiwnore Tral wM1¢M1isetM PEINT OF BEGINNING.MenIl R,ngesaitl AgMFplway S06°4Y12"E 3908feeL Merce S-457"E 11211 CYL _ J M ce GINS1B"E]B.3]hN,Mence523°4895'EB9.93het,Mence528°4228'E91.]BIea, Mencelravlrq eutl xAM Nwa 569°4Y41W 3. 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OWNEF: FAYETTEALE PUBUC SCHODL9-PC BOX 80-FAYETTEVILLE. m­11 Al ,xu.csa" uA aceaclwrtl AeannA antl Uisbnce pf NO]°1M9'E81.04 fuE Mence NonA acurvehheleA221 ntttt satl curve AanNarztliusN515.00 feel AN, 72I020849. -11 antlaaMrd AeafinA antl tllMange pl NO22°2 3-11�..lMEMe cecN3]°21]E]2051eeL Menae almA rveMtMIeM1 14D1d21eeLs ticurve 6. BOUNDARY BASED ON PROPERTY LINE ADJUSTMENT BY MILHOLAND culn ear u a."us 1 1. feelaMacM1ON APafiN aM tlistame NN04°52'0]"E 13212 Tut Hence leampsaM NAMgf way SBN3923'E 161.00 COMPPI2YFlLE #201800032851. — — 35 fee{tM1mee GB6°55'35'ENES55ARS Ma P01NTOFBEGINNING: CmfLnIN 22.98 xrea bore wlesa auAynta eaaameMs arAelgM al watt' Mrecerd. ].TIN S PROPERTYIS NOT AFFECTED BY THE IGO YEAR FLOOD PLAIN AS IT 11NII RrsM FIRM-143CO215F DATED MAY 16, SEN. sT � 1A wrzeT MM PARBINGSMEWUK� 1.11 AC ASf. o. xsrtn 15reFl PMxING5mEWNK' 1.83 AC 2102n OF f. F S FLL BERTH3-1 FINISH FLOOR ELE FINISH GPAG DING GPOGN 336 LF.OF 6"O CtILE 1RON FIRE LINE cuss Pcuss zso $ " LOFFSET J r' L1� s e F o ; DO L.F. OF B'CP00 DO L.F. OF B'CP00 GR14 WATfP LINE _ _________ _______ __ __________ _______ LL IEPTH BABKPLL R1ICAL OFF ET SPNG GP GNO FlNISHG O NLL _ _--_ :1249. __ __ El(.2- fl�FL 124E V 'PCP 0 ('• IX9 fL 12 RBP 4' fi 22 In mg •fig n� gg 7 8 � � `-0•SWP 1,2]S LF. GF TBPW G1I4 WA E -LINE $, F3 g mfi �'P� mx ryg & m o ]3LF.JABKGBBE 24"STEEL EXC e y w y£ E w 24•LSIEEL EFFIGLOFFEET BASEMENT +� ��'� s i STEEL ENO ERR �'f� 1 Al ' City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0098 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 FIRE DEPARTMENT ANNUAL EMPLOYEE SERVICE AWARDS EVENT: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $300.00 REPRESENTING DONATION REVENUE TO THE FAYETTEVILLE FIRE DEPARTMENT FROM THE REYNOLDS FAMILY FOR THE ANNUAL EMPLOYEE SERVICE AWARDS EVENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $300.00 to recognize donation revenue from the Reynolds Family to the Fayetteville Fire Department for the annual employee service awards event. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation for the donation. City of Fayetteville, Arkansas Page 1 Printed on 212512022 Brad Hardin Submitted By City of Fayetteville Staff Review Form 2022-0098 Legistar File ID 3/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item FIRE (300) Submitted Date Division / Department Action Recommendation: 1/31/2022 A resolution approving a budget adjustment in the amount of $300.00 to recognize donation revenue from the Reynolds Family to be allocated for funding of the Fayetteville Fire Department's annual employee service awards event. Budget Impact: 1010.300.3020-5329.00 General Account Number 36029.1 Fund Donations -Fire Project Number Project Title Budgeted Item? Yes Current Budget $ 3,236.00 Funds Obligated $ - Current Balance $ 3,236.00 Does item have a cost? No Item Cost $ - Budget Adjustment Attached? Yes Budget Adjustment $ 300.00 Remaining Budget $ 3,536.00 iviuoi r%ua%.ii vWn 1N1VLUV WUUUVL nuJuau I IVI iu V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 1, 2022 TO: Mayor and City Council FROM: Brad Hardin, Fire Chief DATE: January 31, 2022 CITY COUNCIL MEMO SUBJECT: Recognition and acceptance of donation to Fayetteville Fire Department RECOMMENDATION: A resolution approving a budget adjustment in the amount of $300.00 to recognize donation revenue from the Reynolds Family to be allocated for funding of the Fayetteville Fire Department's annual employee service awards event. DISCUSSION: Each year, the City of Fayetteville Fire Department receives donations from various businesses and private donors to support the department's employee recognition program. The funds are typically utilized to cover expenses associated with an employee service awards banquet, during which the firefighters are honored and recognized for achievements which took place throughout the year. BUDGET/STAFF IMPACT: These funds have been deposited into revenue account number 1010.300.3020-4809.00 36029. 1 —Donations and will be reallocated to expense account number 1010.300.3020- 5329.00 36029. 1 —Employee Recognition upon City Council approval to recognize and accept this donation. Attachments: Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FIRE (300) 2022 Requestor: Brad Hardin BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approve Budget Adjustment to recognize $300 in donation revenue to be allocated towards funding of the Fire Department employee services awards event. COUNCIL DATE: 3/1 /2022 LEGISTAR FILE ID#: 2022-0098 Hovy 3lack� 113112022 11:24 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: 3/1/2022 GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 300 300 v.20220113 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.300.3020-5329.00 300 - 36029 1 EX Recognition - Employee 1010.300.3020-4809.00 - 300 36029 1 RE Donations H:\Budget Adjustments\2022_Budget\CITY COUNCIL\03-01-22\2022-0098 BA Fire donationsAsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0134 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.4 LION MANUFACTURING: File Type: Resolution A RESOLUTION TO AUTHORIZE THE PURCHASE OF BUNKER GEAR COATS AND PANTS FROM LION MANUFACTURING THROUGH NAFECO, INC., PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, IN THE AMOUNT OF $101,869.95 PLUS APPLICABLE TAXES AND FREIGHT CHARGES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of bunker gear coats and pants from Lion Manufacturing through NAFECO, Inc., pursuant to a Sourcewell Cooperative Purchasing Agreement, in the amount of $101,869.95 plus any applicable taxes and freight charges. City of Fayetteville, Arkansas Page 1 Printed on 212512022 City of Fayetteville Staff Review Form 2022-0134 Legistar File ID 3/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Brad Hardin 2/9/2022 FIRE(300) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a resolution to purchase bunker gear coats and pants for use by the Fayetteville Fire Department from Lion Manufacturing through NAFECO via the Sourcewell Cooperative Contract #032620-LIO through City of Fayetteville Sourcewell Number #34143 . 1010.300.3020-5302.01 Account Number 33047.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: General Fund Fire Department Act 833 Project Title Current Budget $ 184,476.00 Funds Obligated $ 81,112.39 Current Balance $ 103,363.61 Item Cost $ 101,869.95 Budget Adjustment $ - Remaining Budget $ 1,493.66 V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 1, 2022 TO: Mayor and City Council FROM: Brad Hardin, Fire Chief DATE: February 9, 2022 CITY COUNCIL MEMO SUBJECT: Approval of a resolution to purchase bunker gear coats and pants for use by the Fayetteville Fire Department from Lion Manufacturing through NAFECO via the Sourcewell Cooperative Contract #032620-LIO through City of Fayetteville Sourcewell Number #34143 RECOMMENDATION: Approval of a resolution to purchase bunker gear coats and pants for use by the Fayetteville Fire Department from Lion Manufacturing through NAFECO via the Sourcewell Cooperative Contract #032620-LIO through City of Fayetteville Sourcewell Number #34143 . BACKGROUND: Our Department has identified Sourcewell Cooperative Purchasing from Lion Manufacturing as the most cost-effective manner to purchase bunker gear at this time. Bunker gear consists of the protective clothing worn by firefighters to shield them from heat and abrasive debris during fire suppression and emergency response activities. DISCUSSION: Purchasing through the cooperative agreement will enable us to obtain needed gear at a greatly reduced cost to the City. BUDGET/STAFF IMPACT: Existing ACT 833 funds have been allocated into the bunker gear general ledger account Project #33047.1 to allow the funding for the current purchase at a cost of $101,869.95. Attachments: Vendor Quote Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ,� NAFECO INC. Order Number 1203 North I1 th Street Van Buren, AR 72956 �� Cell: 479.459.6453 www.n feco.com Quote Customer Information Name Fayetteville Fire Dept Cust # Date: 10/27/2021 Address 303 West Center St Terms: City Fayetteville State/Zip AR 72703 Purchase Order: Phone 1 (479) 575-8365 FOB: Shipping Point I Qty I Item Number I I Unit Price I Total PPE LION Super Delux Commando Bunkers RedZone Certified Particulate blocking 1 35.00 IPSGQ26294coat ICoat w/ FFD lettering on back 1 $1,588.001 $55,580. 0] 1 35.00 I PSGQ2629pant I Pant w/ V-Back suspenders 1 $1,064.001 $37,240.00 LION First Responder Firefighting PPE LION Sourcewell #32620-LIO If you have any questions concerning this quote please call 1-800-628-6233. Salesperson Michael L Brammer Subtotal $92,820.00 Tax $9,049.95 Shipping $0.00 Order Total $101,869.95 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0104 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.5 File Type: Resolution ARKANSAS DEPARTMENT OF TRANSPORTATION HIGHWAY 16 PROJECT: A RESOLUTION TO AUTHORIZE THE DEDICATION OF APPROXIMATELY 380 SQUARE FEET OF RIGHT-OF-WAY TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the dedication of approximately 380 feet of right-of-way to the Arkansas Department of Transportation for the Highway 16 Project. City of Fayetteville, Arkansas Page 1 Printed on 212512022 Matt Casey Submitted By City of Fayetteville Staff Review Form 2022-0104 Legistar File ID 3/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/22/2022 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval of the dedication of approximately 380 square feet of right of way to the Arkansas Department of Transportation for use on the Hwy 16 (College Ave. -Huntsville Road) project and authorize the Mayor to sign all documents related to the dedication of this right of way. 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 Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 1, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: February 2, 2022 CITY COUNCIL MEMO SUBJECT: Dedication of Right of Way on Highway 16 to ArDOT for Highway 16 (College Ave. to Huntsville Road) project. RECOMMENDATION: Staff recommends City Council approval of the dedication of approximately 380 square feet of right of way to the Arkansas Department of Transportation for use on the Hwy 16 (College Ave. - Huntsville Road) project and authorize the Mayor to sign all documents related to the dedication of this right of way. BACKGROUND: ArDOT is currently constructing a project for the widening of Highway 16 (151" Street) from S. School Avenue to Armstrong Drive. The proposed project includes widening the existing roadway to 4 lanes with bike lanes and sidewalks. The City owns property as right of way for Wood Avenue. A portion of this property will be needed by ArDOT for right of way to construct the roadway improvements. DISCUSSION: ArDOT has presented the City with offers for a portion of this land as follows: 1) Tract 10, located on the north side of Hwy 16 (15t" Street) at the southern right-of- way of Wood Avenue and consists of approximately 300 square feet of right of way (ROW). ArDOT has offered $325.00 for the ROW. Many times, in the past, the City has dedicated ROW to ArDOT for highway widening projects. Usually this ROW is a conversion from City ROW to State ROW. It appears that the intended purpose of this parcel was to be used as street and highway right of way. Therefore, staff recommends that the City dedicate these rights of way at no cost to ArDOT. BUDGET/STAFF IMPACT: No impact. Attachments: Tract 10 Offer Tract 10 ROW Document Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 JOB NAME: College Ave.- Huntsville Rd. (Sel. Secs.) (Fayetteville) (S) JOB 040579 TRACT 10 CONTRACT TO SELL REAL ESTATE FOR HIGHWAY PURPOSES Grantor: City of Fayetteville Grantee: ARKANSAS STATE HIGHWAY COMMISSION IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the undersigned does hereby give and grant to the Arkansas State Highway Commission, an agency of the State of Arkansas, upon the terms and conditions hereinafter stated, the right to purchase the following described real estate, save and except such minerals therein and thereunder, as oil, gas, distillate, condensate, salt water and its component parts, and all other hydrocarbons which do not interfere with the surface use for highway purposes, situated in the County of Washington, State of Arkansas, to wit: LEGAL DESCRIPTION Part of the Southeast Quarter of the Northwest Quarter of Section 22, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a Railroad Spike being used as the Center West Sixteenth Corner of Section 22; thence North 02' 43' 21" East along the West line of the Southeast Quarter of the Northwest Quarter of Section 22 a distance of 44.51 feet to a point on the Northerly right of way line of State Highway 16 as established by ARDOT Job 9458 for the POINT OF BEGINNING; thence continue North 02' 43' 21" East along the West line of the Southeast Quarter of the Northwest Quarter of Section 22 a distance of 19.02 feet to a point on the Northerly right of way line of State Highway 16 as established by ARDOT Job 040579; thence South 88' 01' 08" East along said right of way line a distance of 20.00 feet to a point; thence South 02' 43' 21" West a distance of 18.98 feet to a point on the Northerly right of way line of State Highway 16 as established by ARDOT Job 9458; thence North 88' 08' 30" West along said right of way line a distance of 20.00 feet to a point of beginning and containing 0.01 acres more or less as shown on plans prepared by the ARDOT referenced as 040579. 12/04/17 DS ® Uncontrolled Access ❑ Partially Controlled Access — Access break from Station to Station ❑ Fully Controlled Access ❑ Fully Controlled Access with a frontage road ❑ Maintenance Agreement PREAUDITED AND ACCEPTED: Property Manager to Negotiator By Date PAYMENTDUE----------------------------------------------------------------------------------------------------- $325.00 (Appraised value offered by the Commission for real estate, including damages, if any, to the remainder; to be paid after approval of title and execution of a deed as hereinafter provided). The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within ninety (90) days from date; and it is agreed that if within the time above specified, the said Commission shall declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s) will execute and sign a General Warranty Deed when presented by the Commission and receive payment of the stated "Payment Due" from the said Commission, less any amount that may be found due and payable to any mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated herein to wit: It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee's Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments conveying title to the Arkansas State Highway Commission. Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the "Contract to Sell". The Arkansas State Highway Commission is hereby authorized and directed to make payment of the purchase funds for the conveyance to Dated this day of Signature Signature Signature Signature ACKNOWLEDGMENT STATE OF ) SS COUNTY ) 20 BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, acting within and for the aforesaid County, on this day personally appeared well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me that executed the same for consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this day of , 20 MY COMMISSION EXPIRES: NOTARY PUBLIC Request for Taxpayer Give Form to the Form (Rev.October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue service ► Go to wwwJmgov/Fwmt49 for instructions and the latest information. t Name (as shown on your income tax retum). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above S Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see a p ❑ Indlvldual/sole proprietor or ❑ C Corporation ElS Corporation ElPartnership ElTrust/estate instructions on page 3): c single -member LLC Exempt payee code ftf any) 0 ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) IN, `p Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC that is from the for federal tax LLC that code rf an ( AMcanother IL not disregarded owner U.S. purposes. Otherwise, a single -member Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. ❑ Other (see instructions)► AWffmto A=ro fit me9� WWde VM us.) tp 6 Address (number, street, and apt. or suite no) See instructions. Requestees name and address (optional) m d 6 City, state, and ZIP code 7 List account number(s) hen; (optional) MUMTE Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Soda] security number backup withholding. For individuals, this is generally your social security number (SSN. However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - m - entities. it is vour emolover identification number (EIN). If you do not have a number. see Now to Get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer Identification number Number To Give the Requester for guidelines on whose number to enter. F-T-1 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured properly, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign signature of Here U.S. person ► forte ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.frs.gov/Fom1W9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number OTIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Farm W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 1112311X Form w-g (Rev. 10-2018) MORTGAGE AUTHORIZATION Form must be filled out completely, signed and submitted to the Right of Way Division/Administrative Section immediately following first contact. Job #: Tract#: Property Owner: Address: Telephone #: Mortgage Company: Address: Telephone #: Loan #: Contact Person: Due to the construction of the above -mentioned project, we are acquiring property from your mortgagor. It will be necessary to obtain a Partial Release from your company. The mortgagor is aware that some or all the proceeds from this transaction may be required to be applied to the principal balance of the mortgage. The mortgagor is also aware that we will be negotiating only with the mortgagor and that any checks for funds conveyed will be made to the property owner. If no mortgage exists, write "NONE and sign below where indicated." This form must be completed and signed by the property owner, whether a mortgage exists or not. By our signatures we are authorizing the Arkansas Department of Transportation to enter into the process necessary to obtain a Partial Release. Property Owner / Mortgagor's Signature: Date: Date: 7KANSAS DEPARTMENT AR OF TRANSPORTATION City of Fayetteville Dear Property Owner(s): ARKANSAS DEPARTMENT OF TRANSPORTATION ARDOT.gov I IDriveArkansas.com Lorie H. Tudor, P.E., Director 10324Interstate 30 1 P.O. Box 2261 Little Rock,AR 72203-2261 Phone:501.569.2000 1 Voice/TTY 7111 Fax:501.569.2400 February 1, 2022 Date Job 040579 College Avenue — Huntsville Road (Fayetteville) Washington County Tract 10 An acquisition agent for the Arkansas State Highway Commission has presented to you a Contract to Sell offering to purchase the fee simple title to your property needed for highway purposes. A description of the property needed is attached. The acquisition agent will contact you within 10 business days for your response that should include all issues or concerns you may have regarding the offer. It is anticipated that negotiations should be concluded within 30 calendar days from the date of the initial contact. The offer of $325.00 is based on the opinion of a qualified real estate appraiser. The offered amount is based on the market value concept and is broken down as follows: $325.00 as just compensation for the realty to be acquired. Should you elect to accept this offer, the State will determine if you can convey a merchantable title, and if so, a property deed conveying the land to the Arkansas State Highway Commission will be prepared and you will be paid the amount contained in the written offer. If you make a final rejection of this offer, and if the Arkansas State Highway Commission elects to do so, a condemnation suit will be filed, and the amount that the Arkansas State Highway Commission has determined to be estimated just compensation for your property will be deposited into the Registry of the Circuit Court of Washington County. You may at this time elect to accept the amount deposited as just compensation for your property. If you elect to do so, the Circuit Court will be asked to enter Judgment in the sum of the estimated just compensation, and this amount will be paid to you thereby disposing of the condemnation suit. Page 2 City of Fayetteville If you do not elect to accept the amount deposited as estimated just compensation, then you may withdraw the amount placed on deposit as estimated just compensation without prejudice to your rights to claim additional compensation. In this event, you will be entitled to a trial by jury by the Circuit Court of Washington County in which your lands are situated to determine just compensation for your lands condemned. In either event, payment of the estimated just compensation will be made available to you prior to vacating your property. Yours truly, Kevin T. White, P.E. Division Head Right of Way Division KTW:tm RIGHT OF WAY SIGNS AND SYMBOLS SECTION CORNER QUARTER CORNER STATE E"'��j®j[F� ARKANSAS WAFTER WARTER CORNER S T A 1� E HIGHWAY A l COMMISSION SECTION CENTER STATE LINE OR CITY LOOTS �•�•�COUNTY LIEF ]RIGHT �{pj� �'y WAY �(' MAP 7(� ....�.. TOWRSER SINE 1L `LY ® �(-,A' \\ Al / d .11 d' J.i d 1� �� // OUAPTEP SECTION LINE �1 \�V/\�V/ 1'l�+ PROPERTY LINE __-EXISTING WIN LINE COLLEGE AVEO I[�UNTS V ILI�Ji.A RD. PROPOSED R/W SIDE l� EXISTNG CONTROL OF ACCESS PROPOSECONTROLCONTROL OF ACCESS PROPOSED R/W 4 CONTROL OF ACCESS • p—•EXISTNO R/W DIMENSION ♦♦PROPOSED R/W DMENSION TEMPORARY 4 PERMANENT EASEMENT LIE E%SING BRIDGE OR SEPARATION STRUCTURE PROPOSED BRIDGE OR SEPARATION STRUCTURE _ 4 EXISTING CULVERT F RA MAD PAVED ROADS GRAVEL ROAD _ DRIVEWAY —� FENCE CONSTRUCTION LINTS LEVEE TRAM RESIDENTIAL 6 COMMERCIAL BUM.ONG Vv NEDGE ROW �/ SMALL STREAM 0 %1?J,L LARGE STREAM '/ 1 '• POND OR LAKE 9 0 0 TELEPHONE POLES 666 POWER POLES -g $- TRANSMISSION LNES STA, CI0000 TREES BEG I © DECIDUOUS WOODS EVERGREEN WOODS ♦ SET MID R/W MONUMENT • TEMPORARY EASEMENT PORT • PERMANENT EASEMENT POINT • EXISTNG R/W POINT • PROPERTY LINE PORT o FOUND MONUMENT SURVEY CALCULATED PONT 411912018 WASHINGTON COUNTY ROUTE 16 SECTION 3 JOB 040579 LAYOUT NOT TO SCALE v STA. 604+76. 32 - � � I• •• •END R/W ACQ. JOB 040579 1will STA, 580+5 BEGIN R/W ACQ. JOB EXCEPTION 17+53-03 5-, zpw � ... STA. 527+94. 00 1Nv �`�s t.HK. BEGIN CONSTJOB 040579 : o LOG MILE 0.900 71 + S STA. 580+50+00 — - i3 oQ--r-- ---*- --- BEGIN CONST. ,�M 156 __ '- ' ---------- --- JOB EXCEPTION - R 30 W R 29 W S I A. b05+52. T END CONST JO 16 N STA 598+ END CONST STA_ SAR+nn Moryse Jean Taylor ET AL 136 050 ODO 21750 /so My of Foyeffevllle.Arkanws 135 0.13 ODO 5812 208 Malld Enterprises.LLC 134 078 OD2 33775 922 Angel Sryglcy L/ving Trust 133 051 ODI 22392 232 Slav Ofm Propertles 1m 36 Rev:l June Darlene Harris 30 Rev. 09l OD/ 39,652 395 42 Vlo/o Miller 58 Rev. 033 0103 14297 1219 14 41 Can R.& Ann GlbsohH/W 57 Rev. 0J7 0102 7549 770 TCE 41EI.ODI oc ± or 543 sq.0. ± 14 40 JOM Walker 5556 067 008 29387 3,656 TCE 40E1.001 a± or 28I sq.ft. ± 14 39 CFKS Imeslments.LLC 64 Rev. 2J0 0J2 91569 5J28 TCE 39E2.OD3 x± or 1373%f1 t 14 38 Happy Hollow Properlles.LLC 52 Rev.-2 093 0100 40.452 204 Trp CE 38E1•OA/a } or 463 sq.it± 345 14 37 NOT USED 36 NOT USED 35 NOT USED 34 NOT USED 33 NOT USED 32 NOT USED 31 Burt HOIMLLC 46 1260 oil 548744 4578 TCE 31E1.004 oa±cv 1924 sq.ft± 31SG-1 12J3 30 HarM More Developsevtl Co. 45 8B5 0D3 385.487 1252 TCE 30E1.0D2 oar±or ID49 sq.ft± 12 29 MalrU lnveslme V.LLC 44 6047 1 0.14 2B42713 6179 TCE 29E1.0Dloc.±or 267 sq.ft± 11.12 28 Ray E.Courdln It.& JafdW Karen Courdln 43 11/7 020 486351 8737 TCE P6LIP0,02 a± or 711, sQ.II. — am MPBFP± I±TCE 28E3.OD6 oc,#or 25 s .lJ 12l: 27 Slynalure Bonk of Arkansas 42 Rev. 15J3 057 659,004 24B78 CE 27E1.ODI x iar 286 sq.ft± 10J1J2 26 RC Pork MeadOW4LLC 41 Rev. 6626 025 2886.469 10903 TCE 26E1•O03 oc±er 125/sq.ft 9J0 25 RC Park Meadaws.LLC 41 Rev. 281 0D6 122,476 2.636 9J0 24 NOT USED 23 NOT USED 22 NOT USED 21 Sovth Central 015fr1d Pentecostal Cltrrch of God 28 335 OJ9 146J20 6J26 TCE 21EI.126 sq.ft± 9 20 NOT USED Jai Holdings,LLC 27 Rev. 252 OD9 109977 3761 Ffrsl Assemb/cy of Cod Clurch 25 2Bl 0.16 122391 7.137 ITCE 18EI.ODI as±or 320 sq.ft± Bears PIO LLC 24 Rev. 00 OD6 26754 3388 TCE fl I.OD2 oc.±or 767 sq.ft± r + n± NOT USED NOT USED Beachwood Enferprlses,LLC 35 Raw. 226 OD4 98595 1639 TCE 14EI.001 cat or 413 sq ft t LDR Enferprlses,LLC 34 Rev. 236 OD4 102903 1.696 TCE 13E7.0,02 oc ± or 717 sgJf. Ver11 & Nora AVusllfe FcvnloNen for Human Develepsem 33 TCE 12EI-ODI oc ± or sq. t. ME! ! ± fl± NOT USED Heirs of Fronk and Maudfe Kely.H/W 132 Rev. 1 28.45 1 0D1 1239335 380 College Club Dalryla. 32 24.65 ODI 1073418 298 l -% 1•+ W1/1fam & Sldlo Reogon•HiW 23 935 037 407299 /6,M Betsy J.Westpal 20 Rev. 030 0D8 12939 3.413 TCE 7E-1. 001on±578 sq.fl.± Clly of Fayettev111e.Arkonsas 19 OJI 01% 4722 2.413 TCE 6E-1.124 sq.R.± Seth Redman 133 TCE 5E-1.99 sq.ft± Lorl Lucille Callan 18 Rev. 029 0.02 12578 839 ChrlslaAer-Powers Ploperl/es.LLC fl Rey. 029 OD2 12573 897 NOT USED ludlfh C.POZ 29 Rey OWNERSHIP TCE IEI.041 oc for 430 sq.ft. ± REMGRWS Berl Dodd Addition Lot Schedule TR. BLOCK LOT SO. FT. ACO. RESIDUAL 3 8 4 8.058 0 8.056 3 8 peg of 4515 897 36/8 4 8 Part d 4579 839 3740 4 8 7 7999 0 7999 7 7 part 45103 3.413 1.490 7 7 7 8.036 0 8D36 COLLEGE AVE.-HUNTSVILLE RD. (SEL. SECS.) (FAYETTEVILLE) (S) KANSAS STATE HIGHWAY COMMISSION RIGHT OF WAY MAP JOB 040579 WASHINGTON COUNTY SHEET 3 OF 14 S7A.540+68 CONSTRUCT STA. 541.13 W PLACE STA.542+00 CONSTRUCT DROP INLET ON LT. H= 3, 8" 18' x 3Y CM PIPE CULVERT DROP INLET ON LT. H= 4' S" WITH 8' EXTENSION AND LT. SIDE DRAIN WITH 4' EXTENSION AND 24" x 6' R.C. PIPE MET REMOVE AND CONSTRUCT 30" x 196' PIPE CULVERT (CLASS IID (TYPE 3 BEDDING) AND APPROACH = 30 CU. YDS. TO DROP INLET ON LT. 24" x IS 'PIPE L 5 CULVERT - TYPE MO DROP INLET = 5. DIA. TO DROP INLET ON LT. TYPE MO DROP WLET = 4' DIA, STA. 542+55 W PLACE TYPE C DROP INLET = 4' x 4' TYPE C DROP INLET = 4' 4' IS' x 32' RC PIPE CULVERT 30" R.C. PIPE (CLASS IID x 24" R.C. PIPE (CLASS 40 LT. SIDE +RAW (TYPE 3 BEDDING) = 196 LIN. FT. (TYPE 3 BEDDING) = 155 LIN.FT. REMOVE AND CONSTRUCT 30" SLPPMCCS PIPE (TYPE 2 BEDDING)- 196 LIN. FT. 24" SLPPMCCS PIPE APPROACH = 15 CU. YDS l7YPE 2 BEDDING) = 155 LIN.FT. STA.544+23 CONSTRUCT $TA. 544.78 W PLACE STA. 546.23 IN PLACE STA. 546+89 CONSTRUCT DROP INLET ON LT. x= 4' n" 24" x 40' CM PIPE CULVERT 8' x 6' x 81' R.C. BO% CULVERT DROP INLET ON R7. B= 4. O" �I WITH 4' EXTENSION AND LT. SIDE DRAIN WITH 311WINGS LT, ✓k Ri. WITH WITH 8' EXTENSION AND 2 plp1.) 30" x 194' PIPE' CULVERT REMOVE AND CONSTRUCT RETAIN 8 EXTEND 30'LT. AND 4'RT. 60'PPE CULVERT ''R.C. - 70 DROP INLET ON Li. APPROACH = 5 CU.YDS. AND CONSTRUCT 70 4'x BOX CULVERT STA.547*93 CONSTRUCT TYPE MO DROP INLET = 5' DIA. TYPE C DROP WLET = 4' ' 4' 4' x 6' x 45' R.C. BOX CULVERT STA. 546+23 CONSTRUCT WITH 3A WINGS LT. & RT. TYPE MO DROP INLET = 5' DIA. DROP INLET ON LT. H= 3' II" 30" R.C. PIPE (CLASS III) DROP INLET ON LT.H= T' 0" 050 = 8SO CFS D.A. = 240 ACRES TYPE C DROP INLET = 4' x 4' WITH 4' EXTENSION AND (TYPE 3 BEDDING)= 194 LIN. FT. WITH 4' EXTENSION 30' R.C. PIPE (CLASS 19) 24- x IE PIPE CULVERT PIPE 30- SLPPMCCS PIPE ON TOP OF 8' x 6- P.C. BOX CULVERT (TYPE 3 BEDDING) = 60 LIN. FT. TO DROP ON LT. (TYPE 2 BEDDING) = 194 LIN. FT. TYPE C DROP INLET = 8' x 6• 30^ SLPPMCCS PIPE (TYPE 2 BEDDING)= 60 LIN. FT. TYPE MO DROP INLET = 4' DIA. TYPE C DROP INLET = 4'x 4' STA. 547+64 IN PLACE STA.550+78 CONSTRUCT 24" R.C. PIPE [CLASS III) IB' x 80' CM PIPE CULVERT APPROACH ON LT. = 25 N. YDS. YPE (TBEDDING) = 100 LIN. FT. 3 LT. SIDE DRAW --N-24" SLPPMCCS PIPE REMOVE AND CONSTRUCT (TYPE 2 BEDDING)_ 0 tiu =T APPROACH = 5 CU. YDS. I OY'19+91'V15'I'd !I �-- Ij ( i 1 I j 4 CONCRETE WALK (TYPE SPECIAL) STA. 654.49.25 - STA. 556+70.00 • STA. 12+55 CONSTRUCT DROP INLET ON LT. H= 2' 4' 18" x 19 -R;C. PIPE OUTLET (CLASS in) (TYPE 3 BEDDING) q ' WITH FES TYPE MO DROP INLET = 4' Dle.__. TYPE C DROP INLET = 4' x 4' Odd c.E. g f �+ t ._ •� rtj �S d STA.542+311N PLACE _ �! 18" x 40'CM PIPE CULVERT STA.540+79 CONSTRUCT RT. SIDE DRAIN !- APPROACH ON FIT.= 35 CU. YDS. REMOVE AND CONSTRUCT STA. 524'CM W PLACE STA. 548+37 1N PLACE STA. 5INLET CONSTRUCT'- �- -- IB" x 24' RA PIPE CULVERT 24" x 48'CM PIPE CULVERT DROP INLET ON RT. H= 3' e" APPROACH = 40 CU. YDS. RT. SIDE DRAW R7. SIDE GRAIN STA. 547+52 CONSTRUCT WITIB�H 4' EXTENSION AND REMOVE AND CONSTRUCT REMOVE AND CONSTRUCT DROP ed.ET ON RT. H= 5'2" STA. 549+71 CONSTRUCT 00 CONSTRUCT STA. 544+23 CONS7RUC7 APPROACH = 45 CU. YDS. WITH 4' EXTENSION AND DROP INLET ON RT. H= 5' 9" TO x 196' PIPE CULVERT STA. 542+ APPROACH = 35 CU. YDS. 30" x 214' PIPE CULVERT PROP INLET ON RT. H= 4'1' 30" x 64'PIPE CULVERT TO DROP WLET ON RT. DROP WLET ON RT. H= 4' i" STA. 546.83 CONSTRUCT WITH 4•EXTENSION AND TO DROP INLET ON RT. 70 DROP MET ON RT. TYPE MO DROP INLET = 4' OIA. WITH 4' EXTENSION AND STA• 546+23 CONSTRUCT DROP INLET ON RT. H= 5' B" TYPE C DROP INLET = 4' x 4' IB" x 55' R.C. PIPE CULVERT 18" x 55' R.C. PIPE CULVERT DROP INLET ON RT. H= 7.5" WITH 8' EXTENSION AND TYPE MO DROP WLET = 5' DIA• TYPE MO DROP INLET = 4' DIA. (CLASS 8D (TYPE 3 BEDDWGI TYPE C DROP INLET = 4' x 4' TYPE C DROP INLET = 4' x 4' IB" R.C. PIPE (CLASS 111) (CLASS 1111(TYPE 3 BEDDING) WITH 4'EXTENSION 30' x 12'A.C. PIPE CULVERT 24' R•C.PIPE )CLASS )III TO DROP INLET ON LT. 30' R.C. PIPE (CLASS III) (TYPE 3 BEDDING) = 196 LIN. FT. TO DROP INLET ON LT. TYPE MO DROP INLET = 4' DIA. ON TOP OF 8' x 6' F.C. BOX ([LASS NI (TYPE 3 REDOING) )TYPE 3 BEDDING) = 64 LIN. FT. (TYPE 3 BEDDING) = 214 LIN. FT IB' SLPPMCCS PIPE TYPE MO DROP INLET = 4' DIA, TYPE C DROP INLET = 8' x 4' WITH FES. 24' SLPPMCCS PIPE (TYPE 2 BEDDING) = 196 LIN. FT. TYPE C DflOP INLET = 4' x 4' TYPE C DROP INLET = 4' x 4' TYPE MO DROP INLET = 5' DIA. 30' SLPPMCCS PIPE TYPE C DROP INLET = 4' x 4' (TYPE T BEDDING) = 64 LIN. F7. )TYPE 2 BEDDING) = 214 LW. FT STA. 549.71 CONSTRUCT N DROP INLET ON LT. H= 4. 8" STA. 556+60 INSTALL STA. 552+75 INSTALL STA. 556+94 INSTALL STA.553+84 CONSTRUCT WITH BACK OPENING AND YARD GRAM ON LT. YARD DRAIN ON LT. STA. 552.911N PLACE STA. 553+44 CONSTRUCT r 24- x 55' R.C. PIPE CULVERT 12" x 88, PIPE CULVERT 12" x 67' PIPE CULVERT YARp DRAIN ON LT. IB" x 28' RC PIPE CULVERT DROP WLET ON LT. H= 4' 4" JUNCTION BOX S7 ON LT. x= 5' S" rn (CLASS III) (TYPE 3 BEDDING) LT. SIDE ORAIN LT. SIDE DRAW 12" x 32' PIPE CULVERT LT. SIDE GRAIN WITH 4' EXTENSION AND 24" x 40" R.C.PIPE INLET AND TO DROP INLET ON LT. LT. SIDE DRAIN REMOVE 24" x 37' R.C. PPE CULVERT 36' x 39' R.C. PIPE CULVERT TO DROP INLET ON RT. TO DROP WLET ON LT. TO YARD DRAW ON LT. (CLASS IID (TYPE 2 BEDDING) (CLASS IIRtTYPE 3 BEDDING) TYPE MO DROP INLET = 4' DIA. STA. 554+03 IN PLACE TO DROP INLET ON LT. TO JUNCTION BOX ON LT. TYPE C DROP INLET = 4' x 4' 18" x 38' CM PIPE CULVERT TYPE MO DROP INLET = 4' DIA. TYPE ST JUNCTION BOX = 4' x 3' LT. SIDE PRAM TYPE C DROP INLET = 4' x 4' REMOVE O ,., ICEASS`110 TTPe" 3 BEDDING) WITH FES I _. TYRE MO DROP�KEiI 4' INA. TYPEL DROP E -- 4' x 4' STA.550+i8ili'PLACE 1 IS" x CO'RC PIPE C(AVER7.....,.-,- FIT. SIDE GRAM - - REMOVE AND CONSTRUCT, APPROACH = 35 CU. YDS., STA. 553+42 CONSTRUCT �'� DROP INLET ON RT. H= 3' 0" 1 1 WITH 4' EXTENSION AND 18' x 74' PIPE CULVERT 1 70 DROP MET ON RT. TYPE MO DROP INLET = 4' DIA. TYPE C DROP INLET = 4' x 4' I I 18- R.C.PIPE (CLASS III) _ (TYPE 3 BEDDWGI = 74 LIN08b0.01 •VLS'F Ill- SLPPMCCS PIPE (TYPE 2 BEDDING)= 74 LW. FT. ' STA.554+52 CON TRUCT ) STA. 554+26 CONSTRUCT DROP INLET ON LIT. H= 5' 9" JUNC710H BOX ON LT. H= 5' 9" WITH 4' EXTENSION AND 1 IS' x 42'R.C.PPE INLET AND 36" x 20r PIPE ZVERT 36^ x 21' R.C. PPE CULVERT i0 DROP INLET ON LT. (CLASS In) (TYPE 3 BEDDING) TYPE MO DROP INLET = 5' DIA. TO DROP INLET ON LT. TYPE C DROP INl T = 4' x 41 TYPE ST JUNCTION BOX = 4' x 3' 36' R.C. PPE lCL SS 4O (TYPE 3 BEDD NG)= 2.L J. IT. 36" SLPPMCCS PI E (TYPE 2 BEDDING) = 2011%FT. HWY 16 '( ry' % f6aY6FD FISED IRV6F0 ilsi� s�� stsrt �[NO npua. frtEts �v 6 ARK. '10B M0' 040579 S UBJ BCT 2 PROFILE SHEETS TO HWY.16 STORM SEWER ON LT. 1260 1250 1240 1240 STA. 40+64 STA. 46.23 STA. 46.89 STA. 550 61 TA. 550+9 STA.5 3+83.99 TOP EL V: 222.2T TOP EL V.=1214.93 TOP EL V. 1214.77 P ELEV: 15.82 TO ELEV.=121 56 STA. 2+75 TOP EL V=1215.24 A. STA ,51 554+SI F.L. EL V.=I218.62 F.L. ELE : 1201.30 F.L. ELE : 1210.77 L. ELEV,I 13AO F.I. ELEV. 1213 48 TOP ELE =1216.03 F.L. EL V=1209.82 TOP V: 1 INLET E EV: 1219.0 o INLET EL V: 1201.4g F.L. ELEV =RR.80 F =I t N a N TO TA. 542+2 ELEV.=12I 48 54 S. TOP ELEV=1215.24 +93 0 oi0 STA.55 o 44 o STA. TOPE 54+26d0 EV=1215.20 ;F F.L.ELEV.1215 6 TA. 544+2 'o F.I. ELE =12u.32 A. 549-71 o n, n OP 'LEY. 215.88 0.0 oFo F.l. EL V-1209.45 1 - T F.L ELEV,12I ELEV: 121 04 I4 N NLET ELE : 1214.25 TOP ELE0._i216 6 N F.L. ELEV. 121L54 vi 1 - - -- 89' a 0.2 12'x 32 0 0.50% 1 1 30' ,94' 0 2. 4"x 100' 0.30% 12"x 0 0.25% 12'x 67' 12201 92 2 x 37• p6 K 9 .83 Sy 0 00 9 36 2e o 0.3 % VC•1 0' j0" 36"x 201 O 1.00'L 1 e•0 3' i K 123.61 K 199.1 379.3 VC•250' VOs300 VC-100' e•0.63' e--0.57• e' tt1 11 540.00 541.00 542.00 543.00 544.00 545.00 546.00 547.00 548.00 549.00 550.00 551.00 552.00 553.00 554.00 555.00 HWY.16 STORM SEWER ON RT. 1260 1 4 , 4 STA.54 83 STA.5 0+04 STA. 42+04 OP ELEV. 214.77 TOP ELEV =1223.60 TOP EL V: 1219.71 .l. ELEV.- 209d1 1 F.L. ELE =1219.96 0o F.L. EL V: 1215.60 OU lET ELEV = 1208.94 1 �a o 0 O O'n O ST TO P .546+23 . TA.549+TI o� STA.55 +42 I? 1 �-„ F.L. E LEV.=1214.9 EV: 1200. N STA. TOP EL 4T+52 V: 1214.95 TOP ELEV.=R1666 - �N TOP ELEV ,215.90 uj i -- -. OUTLET ELEV. 00.77 F.L. ELE .#209.80 � _ _ - _ - N 0.81 1 1 - - VCl 00' 'O8% 121 30"x 14' 0 0.30. K 99.83 30 x 64' 0 0 30'/ e•' VC•100' K 123.61 K 379.3 e•0.13' VC•250' VC•100' 1 e.0.63' e--0.03' t 1901 1 1 1 1 1 1 1 111 1 1 1 1 FFFI 540.00 541.00 542.00 543.00 544.00 545.00 546.00 547.00 548.00 549.00 550.00 551.00 552.00 553.00 554.00 555.00 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0105 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.6 ARKANSAS HISTORIC PRESERVATION PROGRAM: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT ACCEPTING A CERTIFIED LOCAL GOVERNMENT GRANT THROUGH THE ARKANSAS HISTORIC PRESERVATION PROGRAM TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS WHEREAS, on May 4, 2021, the City Council passed Resolution 129-21, authorizing the application for a Certified Local Government Grant in the amount of $60,000.00 through the Arkansas Historic Preservation Program; and WHEREAS, due to a very short turnaround between the announcement of grant awards and the deadline for acceptance, staff recommends authorizing the Mayor to sign any documents necessary to accept the grant; WHEREAS, staff anticipates notification from the Arkansas Historic Preservation Program on March 1, 2022, as to whether the grant has been awarded to the City and, if awarded, the amount of the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute a grant agreement accepting a Certified Local Government grant through the Arkansas Historic Preservation Program to complete a community wide preservation plan and a cultural resource survey of the University Heights and Haskell Heights neighborhoods, contingent upon award of the grant. City of Fayetteville, Arkansas Page 1 Printed on 212512022 Britin Bostick Submitted By City of Fayetteville Staff Review Form 2022-0105 Legistar File ID 3/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/11/2022 LONG RANGE PLANNING (634) Submitted Date Division / Department Action Recommendation: Approve the acceptance of a Ceritifed Local Government (CLG) Grant award from the Arkansas Historic Preservation Program (AHPP) for a Ciy-wide Heritage and Historic Preservation Master Plan and a Historic Context Statement of the University Heights and Haskell Heights neighborhoods, contingent upon award. Budget Impact: 1010.090.6600-5314.00 1010 - General Account Number Fund 32011 Historic Preservation Master Plan (CLG) Project Number Budgeted Item? Yes Does item have a cost? No Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 20,000.00 20,000.00 20,000.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # 302-21: 319-20 Change Order Number: Original Contract Number: Comments: Approval Date: 12/07/21; 05/04/21 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 1, 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Britin Bostick, Long Range Planning/Special Projects Manager FROM: Sherry Marie Smith, Long Range & Preservation Planner DATE: February 11, 2022 SUBJECT: Approve the acceptance of a Certified Local Government (CLG) Grant award from the Arkansas Historic Preservation Program (AHPP) for a City-wide Heritage and Historic Preservation Master Plan and a Historic Context Statement of the University Heights and Haskell Heights neighborhoods, contingent upon award. RECOMMENDATION: Planning staff recommends that City Council approve the acceptance of a grant from the Arkansas Historic Preservation Program (AHPP), contingent upon award of the grant, for the purpose of hiring consultants for one or both of the following projects: a community -wide Master Plan for Heritage and Historic Preservation, as well as a Historic Context Statement for the University Heights and Haskell Heights neighborhoods. BACKGROUND: The city previously applied for a grant to complete a community preservation plan in 2019 but was denied, primarily because the city did not offer any cost -share to complete the plan. In 2020 City Council approved a request from staff to apply for an AHPP Certified Local Government (CLG) grant to include a Historic Context Statement of the University Heights/Haskell Heights neighborhoods and a city-wide Heritage and Historic Preservation Master Plan. Council also approved a $20,000 grant match. The AHPP approved the grant application for the 2021 grant cycle; however, due to COVID-related staffing issues at both the AHPP and City, the requirements to secure a consultant and meet the AHPP timelines were infeasible at the time. The AHPP grant was cancelled in October of 2021 at staff's request, and in December of 2021 Council approved the submittal of a new grant application for the projects and funding amount previously requested. The submittal of the new grant application for a total grant award of $60,000 is preceded by staff engaging with the AHPP, the City's Budget and Purchasing Divisions, and consultants in the field of historic preservation to establish a clear timeline and scope for the project work. Staff anticipates notification from the AHPP as to whether the grant is awarded on March 1, 2022, and, if awarded, the amount of the grant. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The proposed projects are described as follows Heritage and Historic Preservation Master Plan: This plan would identify the City's historic resources as a whole, as neighborhoods, and as individual properties for potential future historic surveys and National Register of Historic Places nominations, as well as assess current preservation efforts, identify new initiatives, and gather input from stakeholders and community members. Additionally, the plan would assist in defining goals and priorities for future CLG grant projects. A consultant would review the City's current preservation policies, methods, resources, and outreach to determine best practices and recommend future historic preservation efforts. University Heights/Haskell Heights Historic Context Statement: A historic context statement includes a historic context survey, which is an identification and evaluation of historical development patterns, history, and recognition of historically significant structures or groupings in the survey area. A consultant would complete a historic context survey for the University Heights and Haskell Heights neighborhoods situated to the north, west, and south of the University of Arkansas main campus, which would identify the predominant historic property types in this area. From the survey the consultant would prepare a Historic Context Statement for the neighborhoods, which includes narratives, summaries and characteristics of historic property types. The project deliverables are anticipated to support the next phase of the project, which is an architectural survey of the University Heights/Haskell Heights neighborhoods to establish eligibility of both the neighborhoods and individual structures for listing on the National Register of Historic Places. The next phase is anticipated to take place at a future date and under a separate grant application to the AHPP. BUDGET/STAFF IMPACT: Matching funds of $20,000 remain budgeted per Resolution 319-20. Attachments: Resolution 302-21 Resolution 319-20 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Resolution: 302-21 File Number: 2021-0913 CERTIFIED LOCAL GOVERNMENT GRANT: A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF S60,000.00 THROUGH THE ARKANSAS HISTORIC PRESERVATION PROGRAM TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS WHEREAS, on May 4, 2021, the City Council passed Resolution 129-21. authorizing the application for a Certified Local Government Grant in the amount of S60.000.00 through the Arkansas Historic Preservation Program; and WHEREAS, due to COVID related staffing issues at both the Arkansas Historic Preservation Program and the City, the requirements to secure a consultant and meet the Arkansas Historic Preservation Program timelines proved unfeasible so in October of 2021 the grant was canceled at staff s request: and WHEREAS. staff contends that both the Culture and Historic Preservation Master Plan and the University/Haskell Heights Context Survey remain important to identifying and protecting Fayetteville's heritage; and WHEREAS, staff engaged with Arkansas Historic Preservation Program, elements of the City's Budget and Purchasing Divisions, and local contractors in the field of preservation to establish a timeline to ensure successful completion of the work should the grant be awarded in 2022. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Printed on 1218121 Resolution. 302-21 File Number: 2021-0913 Section I : That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to apply for a Certified Local Government grant through the Arkansas Historic Preservation Program to complete a community wide preservation plan and a cultural resource survey of the University Heights and Haskell Heights neighborhoods. PASSED and APPROVED on 12/7/2021 Attest: 510 4" ChA41e- Paxton. `��� GAT Y O,c,'•'rG''•` —U• • FAYETTE41L'z %v .••JV``.. `` Page 2 Printed on 1218121 CITY OF MWFAYETTEVILLE ARKANSAS MEETING OF DECEMBER 7, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director CITY COUNCIL MEMO FROM: Sherry Marie Smith, Long Range Preservation Planner DATE: November 19, 2021 SUBJECT: Approval to apply to Arkansas Heritage Preservation Program to receive a Certified Local Government (CLG) Grant for a City-wide Culture and Historic Preservation Master Plan and a University Heights Context Survey with Multiple Property Listing Forms. RECOMMENDATION: Planning staff recommends that City Council approve the application for a grant from Arkansas Heritage Preservation Program (AHPP) for the purposes of hiring consultants for a community - wide Master Plan for Culture and Historic Preservation as well as a Context Survey with Multiple Property Listing forms for the University Heights area. BACKGROUND: The city previously applied for a grant to complete a community preservation plan in 2019, but was denied, primarily because the city did not offer any cost -share to complete the plan. In 2020, City Council approved a request from staff to apply for an AHPP certified local government (CLG) grant to include a context survey of University/Haskell Heights and a city-wide Culture and Historic Preservation Master Plan. Council also approved a $20,000 grant match. Staff was selected for grant funding for the 2021 grant cycle. Due to COVID- related staffing issues at both the AHPP and City, the requirements to secure a consultant and meet the AHPP timelines proved unfeasible. In October of 2021 the grant was canceled at staff's request. DISCUSSION: Staff contends that both the Culture and Historic Preservation Master Plan and the University/Haskell Heights Context Survey remain important to identifying and protecting Fayetteville's heritage. As a result, following the 2021 grant cancelation staff engaged with AHPP, elements of the City's Budget and Purchasing Divisions, and local contractors in the field of preservation. From this, a timeline was clearly established to ensure successful completion of the work should the grant be awarded in 2022. Additionally, the $20,000 match previously approved from the City remains available should the grant be awarded. The projects are described as follows: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Culture and Historic Preservation Master Plan: This plan is considered a historic preservation master plan for the city. It would identify resources for future survey and National Historic Register listing as well as assessing current preservation efforts, plan for new initiatives, and make the case for preservation to decisionmakers and community members. The plan would also assist in defining goals for future CLG grant projects A consultant would conduct a city-wide culture and historic context survey as well as look at the City's current preservation policies, methods, zoning, resources, and outreach to determine best practices and templates for future preservation efforts. These efforts would produce a Master Plan that would also assist in defining goals for future CLG grant projects. University Heights Context Survey and Multiple Property Listing Forms Submission: As part of the wider survey a broad cultural and historical context survey of University Heights area would be completed. This would include historical development patterns, history, and recognition of historically significant structures or groupings in the area. A consultant would complete a historic context survey for the University Heights area and be asked to complete Multiple Property Listing Forms for the different groups of historic property types in this area. A Multiple Property Listing Form is a document that lists related properties together as having similar context, architecture, or being from the same time period. BUDGET/STAFF IMPACT: Matching funds of $20,000 remain budgeted per Resolution 319-20 Attachments: Resolution 319-20 Arkansas Heritage Notice of Funds Available 2022 is • OF cPYE TJt 1 \t - 9Rka NSpS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 319-20 File Number: 2020-1061 HISTORIC PRESERVATION GRANT: A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $60,000.00 THROUGH THE ARKANSAS HISTORIC PRESERVATION PROGRAM TO COMPLETE A COMMUNITY WIDE PRESERVATION PLAN AND A CULTURAL RESOURCE SURVEY OF THE UNIVERSITY HEIGHTS AND HASKELL HEIGHTS NEIGHBORHOODS, AND TO APPROVE A BUDGET ADJUSTMENT APPROPRIATING MATCHING FUNDS IN THE AMOUNT OF $20,000.00 CONTINGENT UPON APPROVAL OF THE GRANT WHEREAS, the City has the opportunity to apply for a Certified Local Government grant through the Arkansas Historic Preservation Program to create a community preservation plan, which will function as a blueprint for addressing the diverse culturally significant and historic properties in Fayetteville; and WHEREAS, the grant funds would also be used to conduct a cultural resource survey of the University Heights and Haskell Heights neighborhoods, both of which the Arkansas Historical Preservation Program has identified as important areas because of the early farmhouses that remain in the area and the number of houses that have connections to University of Arkansas faculty; and WHEREAS, Arkansas Historic Preservation Program staff have indicated that the City is more likely to receive this grant if local matching funds are provided which will show the City's dedication to the proposed projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to Page 1 Printed on 12117120 Resolution: 319-20 File Number.' 2020-1061 apply for a Certified Local Government grant through the Arkansas Historic Preservation Program to complete a community wide preservation plan and a cultural resource survey of the University Heights and Haskell Heights neighborhoods, and further authorizes City matching funds in the amount of $20,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, appropriating the matching funds contingent upon approval of the grant. PASSED and APPROVED on 12/15/2020 Attest: \`���rrrr►r►t�r�� ER K T �i _ITYp'•,J'�': �j�' F •�i .gyp. Kara Paxton, City Clerk Treasury ; FAYE1EV«<E: �= ,GrON����`�� Page 2 Printed on 12117120 ARKANSAS H E RI TAG E October 1, 2021 Dear Preservation Coordinator: Asa Hutchinson Governor Stacy Hurst Secretary It is my pleasure to announce the availability of 2022 Certified Local Government (CLG) grant funds to cover activities between March 15, 2022, and September 30, 2023. CLG grants are made possible by a Historic Preservation Fund grant administered by the National Park Service, Department of the Interior. The Arkansas Historic Preservation Program (AHPP) will award at least $225,000 in this grant round. More information on the application process, grant project eligibility, the evaluation and awards process, and grants management is included in the attached Summary Guidance and the online application. Application Process The deadline for submissions is December 31, 2021. We will not have a formal Letter of Interest phase this year. However, we strongly recommend you contact staff in advance to talk over your project ideas if you intend to submit a grant application. This gives the staff a chance to help you prepare for the application, include all necessary attachments, etc. Substantive changes or additions to applications will not be allowed after December 31, 2020, as our evaluation schedule is fairly short. Applications must be submitted through AHPP's online grant portal at https://www.grantinterface.com/Home/Logon?urlkey=arkansasheritage. The grant code is CLG22. Once you enter the grant code, scroll to the bottom of the screen after you enter the code to see the grant processes. Decisions on applications will be made by March 11t. Grant contracts will be held until July 1st to comply with state and federal funds regulations. If you have questions, please do not hesitate to contact me at 501.324.9186 or iain.montgomery@arkansas.gov. I look forward to hearing from you and receiving your completed application. Sincerely, lain Montgomery Certified Local Government Coordinator Arkansas Historic Preservation Program 1100 North Street • Little Rock, AR 72201 • 501.324.9150 Arka nsas Preservati on.com City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0132 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.7 BID #21-79 SWEETSER CONSTRUCTION, INC. - 2019 TRAIL IMPROVEMENT BOND PROJECT: A RESOLUTION TO AWARD BID #21-79 AND AUTHORIZE A CONTRACT WITH SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $535,029.00 FOR CONSTRUCTION OF THE MISSION -RAZORBACK GREENWAY CONNECTOR PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRAIL IMPROVEMENT BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #21-79 and authorizes Mayor Jordan to sign a contract with Sweetser Construction, Inc., a copy of which is attached to this Resolution, in the amount of $535,029.00 for construction of the Mission -Razorback Greenway Connector Project, and further approves a project contingency in the amount of $60,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 212512022 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2022-0132 Legistar File ID 3/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/10/2022 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends award of Bid 21-79 and authorization of a contract with Sweetser Construction, Inc. in the amount of $535,029 and approval of a $60,000 contingency for the construction of the Mission -Razorback Connector project and approval of a budget adjustment. Budget Impact: 4603.860.7302-5814.05 4470.800.8830-5814.05 Trails Projects 2019 Bonds Sales Tax Capital Improvement Account Number Fund 46030.7302 Mission Boulevard Corridor 02016.2102 Trail Dev., Misson-Razorback Connector Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 455,408.00 $ 18,000.00 $ 437,408.00 $ 535,029.00 $ 228,029.00 $ 130,408.00 V20210527 Previous Ordinance or Resolution # 136-21 Approval Date: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 1ST, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Mihalevich, Trails Coordinator DATE: February 9th, 2022 CITY COUNCIL MEMO SUBJECT: 2022-0132 — Award Bid #21-79 for Construction of the Mission -Razorback Connector RECOMMENDATION: Staff recommends award of Bid 21-79 and authorization of a contract with Sweetser Construction, Inc. in the amount of $535,029 and approval of a $60,000 contingency for the construction of the Mission -Razorback Connector project and approval of a budget adjustment. BACKGROUND: In May of 2021, the City of Fayetteville was awarded a grant from the Walton Family Foundation in the amount of $385,000 for the construction of the Mission -Razorback Connector bikeway and these funds were recognized by resolution 136-21. $18,000 of this grant has been used to hire Archetype for identity branding of the Fayetteville trail system as part of the grant. The Mission -Razorback Connector project includes improvements along the 1.1-mile distance in the right of way of Prospect, Park, Trenton and Rebecca Streets between Mission Blvd and the Razorback Regional Greenway. This bikeway corridor was identified as part of the regional network in the 2014 NWA Reginal Bike Ped Master Plan and prioritized in Toole Design Group's 2019 Targeted Bicycle Network Strategy document for Fayetteville to create a safer more comfortable route for people riding bikes and walking between Razorback Regional Greenway to the Mission Blvd Trail that will be under construction later this year. More than 12,000 people live within one mile (or a 6-minute bike ride) of the center point of the route. The bikeway passes through vibrant residential and commercial streets highlighted by Wilson Park. The Mission -Razorback Connector combined with the Mission Blvd improvements will connect cyclists, of all ages and abilities, to safe, comfortable and attractive bike infrastructure and greater access to housing, grocery stores, parks, schools and the regional trail network. The most significant part of the proposed improvements will be a mountable raised side path along the north side of Trenton Blvd to be used by people walking and riding bikes and can be driven on by vehicles for passing when clear. All current on -street parking will remain throughout the corridor. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The project also includes widening the sidewalk on Prospect Street from the Razorback Greenway to Wilson Ave to a 10-foot side path and improving the intersection to provide enhanced bike and pedestrian access to Wilson Park. The remaining portions of the route will include shared bike lane markings and improved wayfinding signage. When the Mission -Razorback Connector and the Mission Blvd. Trail are complete a 12-mile loop will be created for Northeast Fayetteville that includes sections of the Old Wire Cycle Track, Niokaska Creek and Mud Creek Trails and the Razorback Regional Greenway. DISCUSSION: On March 101", 2021, the Active Transportation Advisory Committee reviewed the Mission - Razorback Connector project and unanimously supported the project moving forward. On April 271" 2021, the Transportation Committee reviewed the project. Resident notification letters have been sent to residents along the corridor and the plans have been posted on-line for public feedback. The responses have been overwhelmingly supportive of the project. The Mission -Razorback Connector was designed by the Engineering Division and construction will be managed by city staff. Bid #21-79 was opened publicly on February 8t", 2022 with five bidders providing bids. Sweetser Construction, Inc. being the lowest responsive bidder and the bid tabulation is included. The bid amount is above the engineers estimate but within the amount if certification of funds. The contract time is 120 days for final completion. BUDGET/STAFF IMPACT: The Walton Family Foundation grant will cover $367,000 of the construction cost with the remaining $168,029 plus the $60,000 contingency funds from the 2019 trail bond. Purchase Order Detail Account Proiect Amount 4470.800.8830-5814.05 02016.2102 $ 367,000 4603.860.7302-5814.05 46030.7302 $ 168,029 Total $ 535,029 Attachments: Mission -Razorback Connector Map Walton Family Foundation Grant Letter Resolution 136-21 Bid #21-79 Recommendation of Award Section 0500 Agreement signed by Sweetser Construction, Inc. Sweetser Construction, Inc. Bid Submittal a� (V _0 Q > � Poplar St . Q �v � v > Ci 4 > r a 'Mille)r 5 Woodland Q> a, 0 o o O f fSycamore St U y ouglas st D Maple St �� � Existing12 foot wide G1 i Shared -Use Paved Trail v F o Niokaska Creek Trail oTo Razorback Ash St Greenwa `5 Fairview Memorial Gardens Viewpoint Dr. Gregory Park New 12 foot wide Shared q___) Paved Trail (South Side Veterans Health Care „ Evelyn � /Emerson. System ofHillsthe Ozarkso o0 North St NOrthStreet CITY OF c. Lakeside Dr Dr. Jackson Dr. / �Woodlawn Dr. l � v > Rush Q a ; Razorback- Mission Connector V 11� vvasningEon r I Maple St - a N W + E S v Q Q C Dickson St = -_LL - =afayette St � > 45 � a a 3 > L o — v O -� Dickson St � v Q J Q � 0 p � o N p 3 Ql � I Root J Y Q P Signal Enhancements For Bike/Ped Rockwood Trl IN New 10 foot wide Shared Use Assm� Paved Trail (West Side) 6� L Q 9s s� �6 L O Legend � Mission Blvd. Trail (Late 2022 Construction) Existing Shared -Use Paved Trail Proposed Mission -Razorback Connector Bikeway Mission Blvd. Trail - 1.5 Miles February 2022 FAYETTEVILLE r� ARKANSAS Mission -Razorback Connector Bikeway - 1.1 Mile 0 0.125 0.25 0.5 Miles Dickson St = -_LL - =afayette St � > 45 � a a 3 > L o — v O -� Dickson St � v Q J Q � 0 p � o N p 3 Ql � I Root J Y Q P Signal Enhancements For Bike/Ped Rockwood Trl IN New 10 foot wide Shared Use Assm� Paved Trail (West Side) 6� L Q 9s s� �6 L O Legend � Mission Blvd. Trail (Late 2022 Construction) Existing Shared -Use Paved Trail Proposed Mission -Razorback Connector Bikeway Mission Blvd. Trail - 1.5 Miles February 2022 FAYETTEVILLE r� ARKANSAS Mission -Razorback Connector Bikeway - 1.1 Mile 0 0.125 0.25 0.5 Miles DocuSign Envelope ID: 93836755-B729-450E-982B-7BODD645A47A WALTON FAMILY F O U N D A T I O N May 26, 2021 Mayor Lioneld Jordan City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 RE: Grant 00102138 Dear Mayor, At the Walton Family Foundation, we work to tackle tough social and environmental problems with urgency and a long- term approach to create access to opportunity for people and communities. To do this, we know we must work with individuals and groups closest to these challenges because they often have the most thoughtful, insightful solutions. As we support efforts to improve K-12 education, protect our rivers and oceans and the livelihoods they support, and promote quality of life in our Home Region, we look to groups like yours. I am pleased to inform you that your grant request has been approved for an amount up to $385,000.00 to support a 1:4 grant request of up to $385,000.00 to construct a 1.1-mile neighborhood bike and pedestrian connector, linking multiple central Fayetteville neighborhoods, parks and transportation corridors. The grant funds are subject to the terms attached, and you should receive the funds within 14 days. If you have any questions, please contact HomeRegion@wffmail.com and reference Grant 00102138. On behalf of the Walton Family Foundation, I express my appreciation for what your organization has accomplished so far and my optimism for your future success. Together, we can have an impact that improves lives today and that will last to benefit future generations. Sincerely, EDI-Sil"11 by: 4CFBB2644 Caryl M. Stern Executive Director PO Box 2030 44 Cook Street, Suite 255 111 Town Square Place, Suite 420 919106, Street, NW, Suite 400 Bentonville, AR 72712 Denver, CC 00206 Jersey City, NJ 07310 Washington, D_C_ 20006 113 West Mountain Street Fayetteville, AR 72701 (479) 57"323 Resolution: 136-21 File Number: 2021-0322 WALTON FAMILY FOUNDATION GRANT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO ACCEPT A GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $385.000.00 TO FUND THE CONSTRUCTION OF BICYCLE AND PEDESTRIAN IMPROVEMENTS ALONG PROSPECT STREET, PARK AVENUE, TRENTON BOULEVARD, AND REBECCA STREET TO CREATE THE MISSION -RAZORBACK CONNECTOR. AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Mission -Razorback Connector project includes improvements along the 1.1-mile d'stance in the right of way of Prospect, Park, Trenton and Rebecca Streets between Mission Boulevard and the Razorback Regional Greenway; and WHEREAS, more than 12,000 people live within one mile (or a 6-minute bike ride) c£the center point of the route; and WHEREAS, the Mission -Razorback Connector, combined with the Mission Boulevarc improvements, will connect cyclists of all ages and abilities to safe, comfortable, and atractive bike infrastructure and greater access to housing, grocery stores, parks, schools and the regional trail network; and WHEREAS, the Walton Family Foundation has awarded a grant to the City that will fund the cost of designing bicycle and pedestrian improvements along Prospect Street, Park Avenue, Trenton Boulevard and Rebecca Street with the no snatching funds by the City of Fayettevil.e. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Panted on 5119121 Resolution 136-21 File Number. 2021-0322 Section 1: That the City Council of the City of Fayetteville. Arkansas hereby tharks -.he Walton Family Foundation. and authorizes Mayor Jordan to execute a Grant Agreement with tote Walton Family Foundation in the amount of $385,000.00 to fund bicycle and pedestrian imprivements along Frospect Street, Park Avenue, Trenton Boulevard. and Rebecca Street to create the Mission -Razorback Connector. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing the grant funds. PASSED and A?PROVED on 5/18/2021 Attest: ��.•' G� Y A,C•gd+ ca; Kara Paxton, City Clerk. Treasuar ; �v►tLE . w Page 2 Printed on 5/19/21 CfTY OF FAYETTEVILLE ARKANSAS BID TABULATION BID 21-79, CONSTRUCTION - MISSION - RAZORBACK CONNECTOR DEADLINE: TUESDAY, FEBRUARY 8, 2022 BEFORE 2PM, LOCAL TIME CERTIFICATION OF FUNDS Certified Funds $ 450,000.00 25% Additional Allowance Allowed per State Law $ 112,500.00 Maximum Award Amount $ 562,500.00 DETAILS OF BID SCHEDULE Sweetser Construction, Inc. NEC, Inc (N.E.C., Inc.) Diamond C Construction Benchmark Construction Crossland Heavy Company (Benchmark Contractors, Inc. Total Pricel $535,029.00 Total Pricel $656,230.50 Total Price $716,239.31 Total Price $756,313.80 Total Pricel $791,587.87 Line # Description CITY UOM Unit Extended Unit Extended Unit I Extended Unit Extended Unit Extended 1 Mobilization (Shall not exceed 5% of Total Bid) 1 L.S. $10,500.00 $10,500.00 $23,385.00 $23,385.00 $3,795.00 $3,795.00 $36,320.00 $36,320.00 $35,000.00 $35,000.00 2 Insurance and Bonding 1 L.S. $6,200.00 $6,200.00 $16,718.00 $16,718.00 $24,529.50 $24,529.50 $16,331.00 $16,331.00 $11,800.00 $11,800.00 3 Construction Control (Staking) 1 L.S. $5,000.00 $5,000.00 $6,001.00 $6,001.00 $5,750.00 $5,750.00 $9,330.00 $9,330.00 $12,000.00 $12,000.00 4 Traffic Control 1 L.S. $52,800.00 $52,800.00 $3,466.00 $3,466.00 $17,250.00 $17,250.00 $40,330.00 $40,330.00 $33,827.90 $33,827.90 5 Erosion Control 1 L.S. $5,475.00 $5,475.00 $9,683.00 $9,683.00 $5,750.00 $5,750.00 $29,730.00 $29,730.00 $28,844.46 $28,844.46 6 Tree/Brush Trimming 1 L.S. $4,000.00 $4,000.00 $4,307.00 $4,307.00 $5,750.00 $5,750.00 $11,180.00 $11,180.00 $8,961.28 $8,961.28 7 Demolition (Sawcut, Remove and Disposal) 1 L.S. $40,085.00 $40,085.00 $37,201.00 $37,201.00 $46,000.00 $46,000.00 $130,630.00 $130,630.00 $41,015.83 $41,015.83 8 Select Fill Hillside (As directed) 50 C.Y. $48.00 $2,400.00 $50.00 $2,500.00 $50.60 $2,530.00 $75.00 $3,750.00 JILLO $1,550.00 9 Class 7 Base (As directed) 50 C.Y. $69.00 $3,450.00 $52.50 $2,625.00 $57.50 $2,875.00 $113.00 $5,650.00 50.00 $2,500.00 10 4" depth 10' wide Concrete Trail (4K PSI w/fiber) (Class 7 Base) 606 S.Y. $64.00 $38,784.00 $76.50 $46,359.00 $95.46 $57,848.76 $110.68 $67,072.08 $75.00 $45,450.00 11 4" depth Doweled Concrete (Rebecca) (4K PSI w/fiber) (Class 7) 72 S.Y. $75.00 $5,400.00 $147.50 $10,620.00 $329.03 $23,690.16 $150.83 $10,859.76 $83.00 $5,976.00 12 4" depth Concrete Sidewalk (4K PSI w/fiber)(Class 7 Base) 123 S.Y. $64.00 $7,872.00 $97.00 $11,931.00 $204.76 $25,185.48 $126.18 $15,520.14 $83.00 $10,209.00 13 6" depth 9' wide Flush Concrete Trail (4,000)(Class 7 Base) 232 S.Y. $72.00 $16,704.00 $112.50 $26,100.00 $144.50 $33,524.00 $159.66 $37,041.12 $87.00 $20,184.00 14 6" depth 10' wide Raised Concrete Trail (4,000)(Class 7 Base) 498 S.Y. $78.00 $38,844.00 $84.50 $42,081.00 $100.80 $50,198.40 $121.41 $60,462.18 $90.00 $44,820.00 15 8" depth Colored Concrete Crosswalk (4,000) (Class 7 Base) 220 S.Y. $120.00 $26,400.00 $120.00 $26,400.00 $301.62 $66,356.40 $147.86 $32,529.20 $217.37 $47,821.40 16 Cast In Place Detectable Warning Panel 125 S.F. $40.00 $5,000.00 $42.50 $5,312.50 JZLL0 $2,875.00 $57.28 $7,160.00 $320.00 $40,000.00 17 6" Square Face Concrete Curb & Gutter 985 L.F. $30.00 $29,550.00 $26.00 $25,610.00 23.36 $23,009.60 $40.98 $40,365.30 $31.50 $31,027.50 18 12" x 3" Stand Alone Mountable Curb 210 L.F. $45.00 $9,450.00 $44.00 $9,240.00 25.20 $5,292.00 $28.29 $5,940.90 $30.50 $6,405.00 19 Modified 3" Concrete Curb & Gutter 455 L.F. $40.00 $18,200.00 $30.00 $13,650.00 25.28 $11,502.40 $43.12 $19,619.60 $26.50 $12,057.50 20 18" Concrete Ribbon Curb Flush 30 L.F. $32.00 $960.00 $56.00 $1,680.00 30.67 $920.10 $62.67 $1,880.10 $34.00 $1,020.00 21 4" Depth Concrete Scooter Parking Area 14 S.Y. $62.00 $868.00 $60.00 $840.00 $1,347.15 $18,860.10 $92.86 $1,300.04 $84.00 $1,176.00 22 6" Depth Concrete Driveway Apron 59 S.Y. $89.00 $5,251.00 $84.50 $4,985.50 $368.39 $21,735.01 $101.36 $5,980.24 $96.00 $5,664.00 23 T-Patch (Includes Asphalt and all items in detail) 49 S.Y. $200.00 $9,800.00 $169.50 $8,305.50 $841.00 $41,209.00 86.90 $4,258.10 $201.00 $9,849.00 24 4' x 5' Reinforced Concrete Drop Inlet Box 1 E.A. $7,500.00 $7,500.00 $8,502.00 $8,502.00 $5,750.00 $5,750.00 $7,134.00 $7,134.00 $8,500.00 $8,500.00 25 5' x 5' Reinforced Concrete Drop Inlet Box 1 E.A. $7,150.00 $7,150.00 $8,502.00 $8,502.00 $6,325.00 $6,325.00 $8,170.00 $8,170.00 $10,200.00 $10,200.00 26 4' Curb Inlet Extension 3 E.A. $1,200.00 $3,600.00 $1,629.00 $4,887.00 $2,875.00 $8,625.00 $391.24 $1,173.72 $1,240.00 $3,720.00 27 NEENAH R-3246-AM Modified Curb Grate 1 E.A. $3,200.00 $3,200.00 $2,250.00 $2,250.00 $4,025.00 $4,025.00 $2,965.00 $2,965.00 $10,000.00 $10,000.00 28 24" Flared End Section 1 E.A. $1,200.00 $1,200.00 $665.00 $665.00 $1,400.70 $1,400.70 $1,024.00 $1,024.00 $1,425.00 $1,425.00 29 24" Reinforced Concrete Pipe 36 L.F. $260.00 $9,360.00 $247.00 $8,892.00 $111.81 $4,025.16 83.31 $2,999.16 $181.00 $6,516.00 30 Sanitary Sewer Man Hole Adjustment 9 E.A. $1,200.00 $10,800.00 $4,239.00 $38,151.00 $2,300.00 $20,700.00 $636.22 $5,725.98 $1,025.00 $9,225.00 31 Signs & Posts (MUTCD) 27 E.A. $600.00 $16,200.00 $575.50 $15,538.50 $698.52 $18,860.04 $684.20 $18,473.40 $650.00 $17,550.00 32 Removal of Crosswalk Striping (grinding) 36 L.F. $6.00 $216.00 $6.00 $216.00 $12.78 $460.08 $12.44 $447.84 $6.50 $234.00 33 6' x 3' Bike Symbol (Thermoplastic) (White) 11 E.A. $960.00 $10,560.00 $921.00 $10,131.00 $444.32 $4,887.52 $435.40 $4,789.40 $1,050.00 $11,550.00 34 6' x 3' Pedestrian Symbol (Thermoplastic) (White) 11 E.A. $960.00 $10,560.00 $921.00 $10,131.00 $386.82 $4,255.02 $373.20 $4,105.20 $1,050.00 $11,550.00 35 6' X 10' 9C-9 Super Sharrow (Green Background Thermoplastic) 29 E.A. $1,440.00 $41,760.00 $1,382.00 $40,078.00 $1,015.18 $29,440.22 $995.20 $28,860.80 $1,550.00 $44,950.00 36 6' x 10' Bike Turn Symbol (Green Background Thermoplastic) 2 E.A. $1,440.00 $2,880.00 $1,382.00 $2,764.00 $1,035.00 $2,070.00 $995.20 $1,990.40 $1,550.00 $3,100.00 37 5' x 82 feet Bike Lane Green (GripMMAX) 410 S.F. $48.00 $19,680.00 $46.00 $18,860.00 $19.08 $7,822.80 18.66 $7,650.60 $52.00 $21,320.00 Bid 21-79 Addendum 2 - Page 1 38 24" Green Piano Keys Crosswalk (Thermo) 32 L.F. $42.00 $1,344.00 $40.50 $1,296.00 $39.54 $1,265.28 $37.32 $1,194.24 $45.50 $1,456.00 39 12" Stop Bar & Crosswalk Thermoplastic 170 L.F. $18.00 $3,060.00 $17.50 $2,975.00 $12.86 $2,186.20 12.44 $2,114.80 $19.50 $3,315.00 40 24" Crosswalk Thermoplastic 108 L.F. $36.00 $3,888.00 $34.50 $3,726.00 $25.56 $2,760.48 $24.88 $2,687.04 $39.00 $4,212.00 41 24" Green Crosswalk Thermoplastic 42 L.F. $42.00 $1,764.00 $40.50 $1,701.00 $32.86 $1,380.12 29.86 $1,254.12 $45.50 $1,911.00 42 "Yield" Thermoplastic Symbol 1 E.A. $960.00 $960.00 $921.00 $921.00 $747.50 $747.50 $684.20 $684.20 $1,050.00 $1,050.00 43 Bike Lane Symbol (White Paint) 2 E.A. $240.00 $480.00 $230.50 $461.00 $288.00 $576.00 $248.80 $497.60 $250.00 $500.00 44 4" Solid White Striping 890 L.F. $3.60 $3,204.00 $3.50 $3,115.00 $1.30 $1,157.00 $1.24 $1,103.60 $3.90 $3,471.00 Electrical Panel Relocation (all work for service connection beyond the 45 green SWEPCO pedestal) 1 L.S. $5,040.00 $5,040.00 $48,459.00 $48,459.00 $6,325.00 $6,325.00 $2,799.00 $2,799.00 $3,300.00 $3,300.00 Irrigation Backflow Relocation (all work for service connection beyond 46 the water meter). 1 L.S. $810.00 $810.00 $36,344.00 $36,344.00 $3,450.00 $3,450.00 $1,057.00 $1,057.00 $1,700.00 $1,700.00 Gas Service Reconnection (all work for service connection beyond the 47 Black Hills gas meter). 1 L.S. $1,200.00 $1,200.00 $12,115.00 $12,115.00 $1,380.00 $1,380.00 $1,492.00 $1,492.00 $2,600.00 $2,600.00 48 Native Boulders (Beam Rock) (+/- 2 feet tall by 8 feet long) 165 Ton $130.00 $21:450'00 $201.00 $33,165.'00 $442.58 $73,025.70 $310.00 $51,150.00 $899.90 $148,483.50 49 Solid Sod 337 S.Y. $10.00 $3,370.00 $8.50 $2,864.50 $8.54 $2,877.98 $3.42 $1,152.54 $6.50 $2,190.50 50 Topsoil 80 S.Y. $10.00 $800.00 $6.50 $520.00 $50.32 $4,025.60 $4.73 $378.40 $5.00 $400.00 Certified: Jonathan Smith Digitally signed by Jonathan Smith Date: 2022.02.09 15:46:10-06'00' Jonathan Smith, Senior Purchasing Agent Date Andrea Foren Digitally signed by Andrea Foren Date: 2022.02.09 17:17:1 1-06'00' Andrea Foren, Purchasing Manager Date Bid 21-79 Addendum 2 - Page 2 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: MISSION -RAZORBACK CONNECTOR Contract No.: (to be assigned after City Council approval) THIS AGREEMENT is dated as of the day of in the year 2022 by and between The City of Fayetteville, Arkansas and Sweetser Construction, 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: 1. Mobilization/Demobilization 2. Construction of sidewalk/trail 3. Construction of Curb and Gutter 4. Placement of asphalt pavement 5. Installation of signs. 6. Installation of pavement markings 7. Complete site restoration including, concrete repair, topsoil, select grading, sod and seed. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by the Engineering Elements, who is hereinafter called Engineer. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. City of Fayetteville 00500 - 1 Mission -Razorback Connector DOCUMENT 00500 — AGREEMENT (continued) 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 will be Substantially Completed within 90 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 120 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 Two Hundred Dollars ($200.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion 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 Two City of Fayetteville 00500 - 2 Mission -Razorback Connector DOCUMENT 00500 — AGREEMENT (continued) Hundred Dollars ($200.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the 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 construction. All such payments will be measured by the schedule of values City of Fayetteville 00500 - 3 Mission -Razorback Connector DOCUMENT 00500 —AGREEMENT (continued) 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. 90% 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. 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. 2. Upon Substantial Completion, The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. City of Fayetteville 00500 - 4 Mission -Razorback Connector 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 City of Fayetteville 00500 - 5 Mission -Razorback Connector DOCUMENT 00500 — AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. City of Fayetteville 00500 - 6 Mission -Razorback Connector DOCUMENT 00500 — AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 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. City of Fayetteville 00500 - 7 Mission -Razorback Connector DOCUMENT 00500 —AGREEMENT (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with MISSION -RAZORBACK CONNECTOR 8. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. City of Fayetteville 00500 - 8 Mission -Razorback Connector DOCUMENT 00500 — AGREEMENT (continued) 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 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. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. City of Fayetteville 00500 - 9 Mission -Razorback Connector DOCUMENT 00500 —AGREEMENT (continued) This Agreement will be effective on Effective Date of the Agreement. Name Writtew G. SWEETSER Signature: Title: ESDE I , 2022, which is the CITY OF FAYETTEVILLE Name Written: Lioneld Jordan Signature: Title: Mayor (SEAL) Attest n r Attest City of Fayetteville 00500 - 10 Mission -Razorback Connector (SEAL) DOCUMENT 00500 —AGREEMENT (continued) Address for giving notices Address for giving notices SWEETSER CONSTRUCTION, INC. 5 1'nP1 AM 113 W. Mountain Street FAYETTEVILLE, AR 72703 EAywtteville AR 72701 License No. OM7470= (attach evidence of authority to sign and resolution or other documents Agent for Service of process authorizing execution of Agreement) 11WIL IAM G. SWEETSER (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 Approved As to Form: Attorney For: City of Fayetteville 00500 - 11 Mission -Razorback Connector BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS, That we, Sweetser Construction Inc., as Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto City of Fayetteville, AR, as Obligee, in the sum of Five Percent of Bid Dollars ($5%) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for furnishing all labor and materials for Bid 21-79, Construction -Mission - Razorback Connector, Fayetteville, AR ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 8th day of February, 2022. Sweetser Construction Inc. (Principal) —/// By: William weetser Travelers Casualty and Surety Company of America By. David Chilson, Attorney -in -Fact Ate► TRA{l'L:L ERS Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint David Chilson of FAYETTEVILLE , Arkansas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021, .b��fiv �,xx AyQ .;� State of Connecticut By: City of Hartford ss. Robert L. Raneyf tenior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. +" My Commission expires the 30th day of June, 2026 * x * # Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 8th day of February , 2022 e� Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. DOCUMENT 00400 —BID FORM Contract Name: MISSION -RAZORBACK CONNECTOR Bid Number 21-79 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: EETSER CONSTRUCTION, INC. 590 W. POPLAR FAYETTEVILLE. AR 72703 ARTICLE 1- INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 - TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 00400 Bid Form 00400-1 Mission -Razorback Connector DOCUMENT 00400 —BID FORM (continued) ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date 7/ B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. 00400 Bid Form 00400-2 Mission -Razorback Connector DOCUMENT 00400 —BID FORM (continued) E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or 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, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any 00400 Bid Form 00400-3 Mission -Razorback Connector DOCUMENT 00400 —BID FORM (continued) other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. ARTICLE 4 - BID PRICE Bidders are required to provide pricing for all line items, including deductive alternate items. Failure to provide deductive alternate pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project, plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. In the event all deductive alternates are subtracted from the total base bid and no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. Bidder will complete the Work in accordance with the Contract Documents for the following price(s): 00400 Bid Form 00400-4 Mission -Razorback Connector DOCUMENT 00400 —BID FORM (continued) Note: This section will be removed when the documents are posted and a watermark on this page will direct them to the online bidding platform. ITEM# DESCRIPTION QUANTITY UNIT UNITCOST TOTALCOST 1 Mobilization (Shall not exceed 5% of Total Bid) 1 L.S. 2 Insurance and Bonding 1 L.S. 3 Construction Control (Staking) 1 L.S. 4 Traffic Control 1 L.S. 5 Erosion Control 1 L.S. 8 Tree/Brush Trimming 1 L.S. 7 Demolition (Sawcut, Remove and Disposal) 1 L.S. 8 4" depth 10' wide Concrete Trail (4K PSI wthber) (Class 7 Base) 606 S.Y. 9 4" depth Doweled Concrete (Rebecca) (4K PSI wfber) (Class 7) 72 S.Y. 10 4" depth Concrete Sidewalk (4K PSI wffiber)(Class 7 Base) 123 S.Y. 11 6" depth 9' wda Flush Concrete Trail (4,000)(Class 7 Base) 232 S.Y. 12 6" depth 10' wide Raised Concrete Trail (4,000)(Class 7 Base) 498 S.Y. 13 8" depth Colored Concrete Crosswalk (4,000) (Class 7 Base) 220 S.Y. 14 Cast In Place Detectable Warning Panel 125 S.F. 15 6" Square Face Concrete Curb & Gutter 985 L.F. 16 12" x 3" Stand Alone Mountable Curb 210 L.F. 17 Modified 3" Concrete Curb & Gutter 455 L.F. 18 18" Concrete Ribbon Curb Flush 30 L.F. 19 4" Depth Concrete Scooter Parking Area 14 S.Y. 20 6" Depth Concrete Driveway Apron 59 S.Y. 21 T-Patch (Includes Asphalt and all items in detail) 49 S.Y. 22 4' x 5' Reinforced Concrete Drop Inlet Box 1 E.A. 23 5' x 5' Reinforced Concrete Drop Inlet Box 1 E.A. 24 4' Curb Inlet Extenslon 3 E.A. 25 NEENAH R-3246-AM Modified Curb Grate 1 EA. 26 24" Flared End Section 1 E.A. 27 24" Reinforced Concrete Pipe 36 L.F. 28 Sanitary Sewer Man Hole Adjustment 9 EA. 29 Signs & Posts (MUTCD) 27 E.A. 30 Removal of Crosswalk Striping (grinding) 36 L.F. 31 6' x3' Bike Symbol (Thermoplastic) (White) 11 E.A. 32 6' x 3' Pedestrian Symbol (Thermoplastic) (White) 11 E.A. 33 6' X 10' 9C-9 Super Sharrow (Green Background Thermoplastic) 29 E.A. 34 6' x 10' Bike Turn Symbol (Green Background Thermoplastic) 2 EA. 35 5' x 82 feet Bike Lane Green (GripMMAX) 410 S.F. 36 24" Green Piano Keys Crosswalk (Thermo) 32 L.F. 37 12" Stop Bar & Crosswalk Thermoplastic 170 L.F. 38 24" Crosswalk Thermoplastic 1 108 L.F. 39 24" Green Crosswalk Thermoplastic 42 L.F. 40 "Yield" Thermoplastic Symbol 1 E.A. 41 Bike Lane Symbol (White Paint) 2 EA. 42 4" Solid White Striping 890 L.F. 43 Native Bculdem3 (Beam Rock) (+/- 2 feet tall by 8 feet long) 165 Ton 44 Solid Sod 337 S.Y. 45 1 Topsoil 80 S.Y. TOTAL BID* Words *Total amount to complete project including all items listed above. 00400 Bid Form 00400-5 Mission -Razorback Connector Numbers DOCUMENT 00400 —BID FORM (continued) ARTICLE 5 - CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6 - BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a bank cashier's check or a Bid Bond and in the amount of _11�� Dollars ($ B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. ARTICLE 7 - COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: SWEETSER CONSTRUCTION, INC. FAYETTEVILLE, AR 72703 Phone No. L-f 7y y`3 3 0 FAX No. L4? � - 4 4 ,p -oil LI 00400 Bid Form 00400-6 Mission -Razorback Connector DOCUMENT 00400 —BID FORM (continued) ARTICLE 8 - TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. SUBMITTED on b t,y'N }- Si20� - ARKANSAS CONTRACTORS LICENSE Arkansas State Contractor License No. [l[1?747= (Or date of application submitted for licensure) Tax ID No. 21 01 g 9 `% 9 y I0 O ► . CAGE No. If Bidder is: An Individual Name (type or printed): By: _ (SEAL) (Individual's Signature) Doing business as: Business address: Phone No.: FAX No.: Tax ID No. 00400 Bid Form 00400-7 Mission -Razorback Connector DOCUMENT 00400 —BID FORM (continued) A Partnership Partnership Name: 0 (SEAL) (Signature of general partner - attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: Tax ID No. A Corporation or LLC FAX No.: Corporation or LLC Name: SWEETSER CONSTRUCTION, INC.. (SEAL) State of Incorporation: ,14 Gd 6i lii a^-�. Type (General Business, Professional,Service, Limited Liability): e. /,/1 L-In - attach evidence of authority to sign) Name (type or printed): WILLIAM G. SWfEE w SER Title: PRESIDENT (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Business address: + �`Ja rJG3 Phone No.: 44 Z ;3o,�Z-k FAX No.: Tax ID No. 1- 0 3 y 7 END OF DOCUMENT 00400 00400 Bid Form 00400-8 Mission -Razorback Connector DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: MISSION -RAZORBACK CONNECTOR Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Clearing/Demolition SWPPP/Erosion Control Traffic Control Concrete Earthwork Pavement Marking Other (designate) Subcontractor's Name and Address NOTE: This form must be submitted in accordance h e Instructions to Bidders. Bidder's Signature END OF DOCUMENT 00430 00430-List of Subcontractors 00430-1 Expected Percentage or Value Supplier Information Company Name: Contact Name: SWEETSER CONSTRUCTION, INC. Address: FAYETTEVILLE, AR 72703 Phone: PHONE 479-443-3026 Fax: PAX 419-442-0119 Email: l . h 4 'L � I e, &.� u.J �s e fit_ ._ s { r \) , a , _Len to Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. Print Name Signatu e Page I 1 of 11 pages Deadline: 2/8/2022 02:00 PM (CT) Bid 21-79 CITY OF V FAYETTEVILLE ARKANSA Bid 21-79 Addendum 2 Sweetser Construction, Inc. Sweetser Construction, Inc. Supplier Response Event Information Number: Bid 21-79 Addendum 2 Title: Bid 21-79, Construction - Mission -Razorback Connector Type: Invitation to Bid Issue Date: 1 /9/2022 Deadline: 2/8/2022 02:00 PM (CT) Notes: The City of Fayetteville, AR is seeking bids from qualified respondents for the construction of the Mission -Razorback Connector. All questions related to this bid must be emailed to Jonathan Smith at jonsmith@fayettevill-ar.gov. Contact Information Contact: Jonathan Smith Address: Purchasing Room 306 City Hall 113 West Mountain Street Fayetteville, AR 72701 Phone: (479) 575-8220 Email: jonsmith@fayetteville-ar.gov Page 1 of 6 pages Vendor: Sweetser Construction, Inc. Bid 21-79 Addendum 2 Sweetser Construction, Inc. Information Contact: Charlie Miller Address: 590 West Poplar Fayetteville, AR 72753 Phone: (479) 443-3026 Fax: (479) 442-0119 Email: charlie@sweetserconstruction.com By submitting your response, you certify that you are authorized to represent and bind your company. Charles W. Miller Signature Submitted at 2/8/2022 11:45:08 AM Requested Attachments charlie@sweetserconstruction.com Email Bid 21-79, Required Signature Forms SSweetser C22020812280.pdf Please sign and attach the required signature forms. These forms can be found in the Project Manual. Bid 21-79, Bid Bond SSweetser C22020812270.pdf Please provide a copy of your SIGNED Bid Bond. Bid Attributes 1 Bid 21-79, Arkansas Contractors License Number Please provide a copy of your Arkansas Contractors License Number. 0027470422 2 Bid 21-79, Arkansas Secretary of State Filing Number Please provide a copy of your Arkansas Secretary of State Filing Number. 100049983 3 Bid 21-79, Company Point of Contact Please provide us with a company phone number and email address. $79-443-3026 email - charlie@sweetserconstruction.com 4 Bid 21-79, Arkansas Code Annotated §25-1-503 Do you agree and certify, Pursuant Arkansas Code Annotated §25-1-503, that your firm hey does 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. Agree and Certify Bid Lines 1 Mobilization (Shall not exceed 5% of Total Bid) Quantity: 1 UOM: L.S. Price: $10,500.00 Total: $10,500.00 Page 2 of 6 pages Vendor: Sweetser Construction, Inc. Bid 21-79 Addendum 2 1 6" Square Face Concrete Curb & Gutter 7 Quantity: 985 UOM: L.F. Price: $30.00 Total: $29,550.00 Page 3 of 6 pages Vendor: Sweetser Construction, Inc. Bid 21-79 Addendum 2 3 6' x 3' Bike Symbol (Thermoplastic) (White) 3 Quantity: 11 UOM: E.A. Price: $960.00 Total: $10,560.00 Page 4 of 6 pages Vendor: Sweetser Construction, Inc. Bid 21-79 Addendum 2 4 Solid Sod 9 Quantity: 337 UOM: S.Y. Price: $10.00 Total: $3,370.00 Page 5 of 6 pages Vendor: Sweetser Construction, Inc. Bid 21-79 Addendum 2 5 Topsoil 0 Quantity: 80 UOM: S.Y. Price: $10.00 1 Total: $800.00 Response Total: $535,029.00 Page 6 of 6 pages Vendor: Sweetser Construction, Inc. Bid 21-79 Addendum 2 2/8/22, 3:03 PM City of Fayetteville Purchasing }Home N Bids 2 Contracts [� Suppliers LW Reports Q)Admin �s Jonathan Response Detail - Sweetser Construction, Inc. for Bid 21-79 Addendum 2 (Bid 21-79, Construction - Mission -Razorback Connector) Return 0O History OCost Calculation Exclusion Bid Number Bid 21-79 Addendum 2 (Bid 21-79, Construction - Mission -Razorback Connector) CITY OF Close Date & Time 2/8/2022 02:00:00 PM (CT) FAY E T T E V I L L E Bid Duration 30 days 13 hours 59 minutes 58 seconds ARKANSAS Response Status Response Submitted - 21812022 11:45:08 AM (CT) Response Total $535,029.00 Event Details Questions Activities Attachments Attributes Line Items Response Attachments Plan Holders Response Submission Bid Attributes RSave e Error Check Response Total: $535,029.00 Save response disabled. Bid responses can no longer be submitted. # Attribute 1 Bid 21-79, Arkansas Contractors License Number Please provide a copy of your Arkansas Contractors License Number. 0027470422 2 Bid 21-79, Arkansas Secretary of State Filing Number Please provide a copy of your Arkansas Secretary of State Filing Number. 100049983 3 Bid 21-79, Company Point of Contact Please provide us with a company phone number and email address. $79-443-3026 email - charlie@sweetserconstruction.com 4 Bid 21-79,Arkansas Code Annotated §25-1-503 Do you agree and certify, Pursuant Arkansas Code Annotated §25-1-503, that your firm hey does 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. Agree and Certify https://fayefteville-ar.ionwave. neVDesktop.aspx?pid=636&bid=16&bcid=264&bwid=1 &newVI D=800727&ret=100215&bret=45&cret=35&SelectedPageView=pvMAI N 1 /1 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2022 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends award of Bid 21-79 and authorization of a contract with Sweetser Construction, Inc. in the amount of $535,029 and approval of a $60,000 contingency for the construction of the Mission -Razorback Connector project. RESOLUTION/ORDINANCE COUNCIL DATE LEGISTAR FILE ID# 3/1/2022 2022-0132 Ha y 31ac1� 2/9/2022 9:55 AM Budget Director TYPE: JOURNAL #: GLDATE: CHKD/POSTED: Date D - (City Council) 3/1/2022 TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.202201 13 Account Name 4603.860.7302-5814.05 168,029 - 46030 7302 EX Improvements - Trails 4603.860.7302-5911.99 4603.860.7999-5899.00 60,000 - (228,029) - 46030 46030 7302 7999 EX EX Contingency - Capital Project Unallocated - Budget H:\Budget Adjustments\2022_Budget\CITY COUNCIL\03-01-22\2022-0132 BA Sweetser Contract Mission -Razorback Connector.xlsnfi of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0142 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.8 ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM'S OUTDOOR RECREATION GRANT PROGRAM: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A 50150 MATCHING GRANT AGREEMENT WITH THE ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM'S OUTDOOR RECREATION GRANT PROGRAM, IN THE AMOUNT OF $220,000.00 FOR PARK IMPROVEMENTS AT GULLEY PARK WHEREAS, on August 7, 2018 the City Council passed Resolution 165-18 authorizing an application for a 50150 matching grant with the Arkansas Department of Parks and Tourism's Outdoor Recreation Grants Program and the City has received notification that the grant has been awarded; and WHEREAS, the grant will provide $220,000.00 which, along with the City's match, will fund improvements to the Gulley Park playground area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute a Matching Grant Agreement with the Arkansas Department of Parks, Heritage, and Tourism, a copy of which is attached to this Resolution, to receive $220,000.00 in grant funds from the Outdoor Recreation Grant Program. City of Fayetteville, Arkansas Page 1 Printed on 212512022 Ted Jack Submitted By City of Fayetteville Staff Review Form 2022-0142 Legistar File ID 3/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/11/2022 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Recommend a resolution authorizing the City to enter into a Matching Grant Statement of Agreement with the Arkansas Department of Parks, Heritage, and Tourism, Outdoor Recreation Grant Program which will provide $220,000 in funding as a 50/50 matching grant for park improvements at Gulley Park. Budget Impact: 2250.520.9255.5806.00 Parks Development 2250.520.9256.5806.00 Account Number 13001.1803 Project Number Budgeted Item? Yes Does item have a cost? Budget Adjustment Attached? No Fund Gulley Park Improvements Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $304,230 $ 304,230.00 304,230.00 V20210527 Purchase Order Number: n/a Previous Ordinance or Resolution # Resolution 165-18 Change Order Number: Original Contract Number: Comments: n/a Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 1, 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Alison Jumper, Director Parks, Natural Resources and Cultural Affairs FROM: Ted Jack, Park Planning Superintendent DATE: February 11, 2022 SUBJECT: Matching Grant Statement of Agreement for Gulley Park Outdoor Recreation Grant RECOMMENDATION: Recommend a resolution authorizing the City to enter into a Matching Grant Statement of Agreement with the Arkansas Department of Parks, Heritage, and Tourism Outdoor Recreation Grant Program which will provide $220,000 in funding as a 50/50 matching grant for park improvements at Gulley Park. BACKGROUND: The Arkansas Department of Parks and Tourism offers a matching grant opportunity through its Outdoor Recreation Grants Program. Resolution 165-18 authorized applying for a grant through this program, which has been successfully completed. The target of the grant application was improvements to Gulley Park's playground area. This resolution allows the city to enter into the agreement for the 50/50 matching grant. The grant will provide $220,000 in funding to assist with the playground area at Gulley Park. The city is required and has funds available to match the grant with a minimum of $220,000 for its match. The grant also requires putting the project in a Project Boundary which ensures the use of the area remains in perpetuity for outdoor recreation. This was done previously with a 2007 Outdoor Recreation Grant for the playground. An updated Project Boundary Map is included as part of the agreement. DISCUSSION: These improvements to Gulley Park Playground area follow the master plan which was updated in 2018 (attached) and were highly recommended by the public. In a written survey conducted during two planning meetings hosted April 14, and May 31, 2018 at the park, "Improved Playground", was the third highest supported amenity out of a list of 22 items specific to the park (see attached survey results). The grant funds will assist in financing the interactive fountain, parent's pavilion, playground equipment, and supporting enhancements. BUDGET/STAFF IMPACT: The grant will provide $220,000. Matching funds are budgeted in project 13001.1803, Gulley Park Improvements. This is a reimbursable grant. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: Matching Grant Statement of Agreement Survey Results Gulley Master Plan 2018 MATCHING GRANT CONTRACT AGREEMENT STATE OF ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM Applicant: City of Fayetteville Project Title: Improvements at Gulley Park Project No. A-10773-19-WA Period covered by this agreement: Date of Signing through May 30, 2023 F ect Scope: ey Park Splash Pad • Pavilion Playground Project Costs Grant Amount: Applicant Match: Attachments: $ 220,000 $ 220, 000 Total Cost: $ 440,000 1. Project Boundary Map 2. Matching Grant Project Management Guide Page 1 of 2 J MATCHING GRANT STATEMENT OF AGREEMENT STATE OF ARKANSAS DEPARTMENT OF PARKS, HERITAGE, AND TOURISM STATEMENT OF AGREEMENT Project No. A-10773-19-WA Granting Agency: Arkansas Department of Parks, Heritage and Tourism The State of Arkansas, represented by the Director of the Outdoor Recreation Grants Program, Arkansas Department of Parks, Heritage and Tourism (hereinafter referred to as "Grantor") and the applicant named above (hereinafter referred to as "Applicant") mutually agree to perform this agreement in accordance with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto. Grantor hereby promises, in consideration of promises by Applicant herein, to obligate to Applicant the amount of money referred to above, and tender to Applicant that portion of the obligation which is required to pay Grantor's share of costs relative to project stage, based upon percentage of assistance and contingent upon receipt of those funds per Arkansas Act 729 of 1987. Applicant hereby promises, in consideration of promises made by Grantor herein, to execute the project or project stage(s) described above in accordance with the terms of this agreement To ensure full reimbursement, Applicant must not deviate from the scope of the project without concurrence of Grantor. Should any condition(s) in the agreement change, e.g., change in project scope, deletion or addition of item(s), or extension of project period, Applicant will submit to Grantor for approval a formal request for project amendment. Applicant agrees to follow, to the best of Applicant's knowledge and abilities, all rules, laws, and/or regulations applicable to Applicant's agreed -upon project as those rules, laws, and/or regulations are enforced by local, state, and/or federal authority under whose jurisdiction Applicant operates. Applicant also agrees to comply with the requirements of the Arkansas Department of Parks, Heritage, and Tourism, including rules, laws, and/or regulations that may pertain to lawful dispersal of public monies by Grantor. Applicant understands that willful or egregious disregard for rules, laws, and/or regulations applicable to Applicant's project and jurisdiction may result in forfeiture of reimbursement, either in part or in full, and/or disqualification from future consideration, either temporarily or perpetually, of public monies dispersed by Grantor under Grantor's funding mandate. Upon completion of project, Applicant agrees to erect a permanent sign acknowledging the funding assistance provided by the Arkansas Natural and Cultural Resources Grant and Trust Fund (ANCRGT), and to bury all new utility lines at ANCRGT-funded project sites, including ANCRGT-assisted property acquisitions. Applicant agrees to be responsible for in perpetuity maintaining, as public outdoor recreation, the project area shown on attached Project Boundary Map. Applicant hereby agrees to and accepts the responsibilities and obligations set out herein, as does Grantor. Applicant further understands, agrees, and accepts that this agreement is not effective until said agreement has been duly executed by Grantor and Applicant notified accordingly, and no development is to be initiated and/or invoiced by Applicant prior to receipt of said notification. In witness thereof, the parties have executed this agreement as of the date entered below. THE STATE OF ARKANSAS, GRANTOR: BY: Matt McNair Director, Outdoor Recreation Grants Program Arkansas Department of Parks, Heritage, and Tourism (signature) GRANTEE: The Honorable Lioneld Jordan, Mayor City of Fayetteville (signature) Date: Date: Page 2 of 2 t The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Mayor Jordan: RECEIVED Asa Hutchinson JAN 2 6 2Q22 Governor CITY OF FAYEFTEVILLE Stacy Hurst MAYOR'S OFFICE Secretary January 20, 2022 RE: 2019 Gulley Park Improvements A-10773-19-WA I have reviewed project design and construction documents that have been provided to me and they appear to be in order. Enclosed is a Contract Agreement and Project Boundary Maps for the above -referenced project. Please sign as indicated on Page 2 of 2 of the contract and at the bottom of the Project Boundary Map. Return both pages of the Contract Agreement and the Project Boundary Map to my attention. Once received, I will also sign the agreement and mail you a bound document that includes the Notice to Proceed, fully executed Contract Agreement, Project Boundary Map, and Project Management Guide that will be mailed to you to be included with the permanent records for the City. Please do not begin construction until after you've received this document. Construction and/or procurement of goods and services shall adhere to all applicable laws, including bidding requirements and local ordinances, that are specific to your jurisdiction. Please feel free to call me at (501) 682-6947 if you have any questions. Enclosures Sincere Pete Parker, Project Officer Outdoor Recreation Grants Program Outdoor Recreation Grants Program One Capitol Mall, Suite 4A-900 • Little Rock, AR 72201 • 501.682,1301 OutdoorGrants.com r _ - 4 fit` { ■, ti r' �40 �+.�. . lop dw now � - . .d f � E �7► - ['ice � .� +rlF �ryrl!45, ^0 CPA,pn; ,p__r�`_ Y Y�\O\1 C ���Ar rq c f �N4itl� Gulley Park Act Spas' PaA Occhar Try Home; Residential Forest —� Be Apple Seeds Farm � •• s �. Apple Seeds � E.. I Farm- _ r � � Enlargement of Activity Hub Field rA Feld M Garde Eiela Ekpanded � 1-d Lake ' Activity Hub ;¢ o R sidenti C-u-ch ns 1p CITY OFpG "F Fayetteville .� EVILLE ARKANS 4 ARKANSAS oggoW,SQQ Parl<s and Recreation Gulley Community Park - Final Master Plan Adopted by Fayetteville Parks and Recreation Advisory Board - 9.10.2018 NORTH O Gulley Park Survey Results GP2. When doing a master plan for a park such as Gulley, often a theme or concept helps shape the park and the direction that is pursued. Below are some possible themes and ideas that could influence Gulley Park's master plan. Please read about the ideas and then rate them. If you have an idea for a theme, please add it. A. Develop Gulley Park respecting the sites history from its prior use as a working farm. For example, the playground could have a farmyard theme, the open space could emphases the pastures. A history trail with information about older farms and farm life could be pursued. B. The Gulley Park events in the park are very popular and a strong cultural event. In following this the park could be developed with an emphasis on culture and art. For example, the playground could have a theme that pushes performances as part of play, a fire pit could be used to offer storytelling events. GP1. The University of Arkansas is expanding its C. Niokaska Creek is one of the most loved features of Gulley Park. Along arts program. Would you support the integration with the other natural areas of the park, Gulley provides a wonderful of art into Gulley Park? place to walk and experience a bit of nature in the city. The master plan could be developed to include increasing some of the natural areas of the Support for Art in Gulley Park park and having a theme that pushes the park slightly in the direction of 30 an arboretum allowing park patrons to better "explore" nature. 20 D. Walking and jogging are some of the main activities at Gulley. An active living lifestyle is important to many people. The park could be 10 designed to help facilitate walking/jogging and a more active lifestyle. ° Yes, No Yes, If No Supportive Themes for restrictions appropriate Parks/ Ideas From Most to least Nature 1.50 Most supportive Walking/ Active Living 1.72 Cultural 2.66 Agrarian/ History 2.89 Least Supportive GP3. A master plan process for Gulley Park was started in 2016. Listed below are amenities that are currently included in Gulley Park and amenities that were suggested to be added to Gulley Park. Please rate your support for the following amenities: Favorite Amenities Community Garden 19 Walking/Jogging trails 18 Improved playground 16 Community Orchard 15 Off -leash dog area 15 Improved lake 13 Better/More restrooms 12 Access to Creek 11 Soft -surface trails 9 More lighting 9 Art in the park 8 Splash Pad 7 Horseshoes/Bocce area 5 More benches 5 Tennis court 4 More parking 4 Exercise/stretching 3 Hammocking 3 Basketball court 2 Improve amphitheater 2 Volleyball 2 BBQ Area 0 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0145 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.9 RFP 21-10 THE FIELD SHOP, INC.: A RESOLUTION TO AWARD RFP 21-10 TO THE FIELD SHOP, INC. AND AUTHORIZE THE INSTALLATION OF A NEW TIGHTROPE MEDIA SYSTEMS PEG CHANNEL PLAYOUT SYSTEM IN THE TELEVISION CENTER FOR THE AMOUNT OF $57,428.88 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES 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 RFP 21-10 to The Field Shop, Inc. and authorizes the installation of a new Tightrope Media Systems PEG channel playout system in the Television Center for the amount of $57,428.88 plus any applicable taxes and freight charges. City of Fayetteville, Arkansas Page 1 Printed on 212512022 Doug Bankston Submitted By City of Fayetteville Staff Review Form 2022-0145 Legistar File ID 3/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/10/2022 MEDIA SERVICES (060) Submitted Date Division / Department Action Recommendation: Staff recommends awarding an RFP 21-10 bid to The Field Shop, Inc. to install a new Tightrope Media Systems PEG channel playout system in the Television Center. Budget Impact: 4470.060.0600-5210.00 Sales Tax Capital Improvements Account Number Fund 02061 Television Center Equipment Project Number Project Title Budgeted Item? Yes Current Budget $ 130,289.00 Funds Obligated $ - Current Balance L $ 130,289.00 Does item have a cost? Yes Item Cost $ 57,428.88 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget $ 72,860.12 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 1, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Lisa Thurber, Director of Communications FROM: Doug Bankston, Director of Media Services DATE: February 10, 2022 CITY COUNCIL MEMO SUBJECT: Resolution to Approve an RFP 21-10 Bid for The Field Shop, Inc. to Install a New PEG Channel Playout System in the Fayetteville Television Center RECOMMENDATION: Staff recommends awarding an RFP 21-10 bid to The Field Shop, Inc. to install a new Tightrope Media Systems PEG channel playout system in the Television Center. Two bids were submitted, with The Field Shop, Inc. submitting the lowest bid. BACKGROUND: The City currently serves public access, education, and government (PEG) channels to the public via two Tightrope Media Systems channel servers that were build in 2015 and 2014 and operate on legacy Microsoft Windows 7 operating systems, which are no longer supported by Microsoft. The hardware is no longer supported by Tightrope and is not upgradeable from Windows 7. Replacement costs have been factored into the current CIP. DISCUSSION: Staff has analyzed various solutions and found that the latest, all -in -one Tightrope Media Systems playout system to be the appropriate replacement, with files easily transferrable from the current servers. The Field Shop, Inc. was the installer of the original two Tightrope playout systems. Increased functionality on the latest Tightrope system will allow the City to utilize the on -site Tightrope system as its meeting video -on -demand archive, with agendas and minutes attached better delivery and quality. The Tightrope archive component will replace the Granicus meeting archive that currently is in use. BUDGET/STAFF IMPACT: Cost has been factored into the current CIP cycle. Project cost for equipment and installation is $57,428.88. After installation, beginning in year two, there will be a yearly streaming service cost, but the discontinuance of the Granicus streaming service will offset this cost. No staff impact. Attachments: SRF, CCM, RFP submittal, RFP signed Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Aft CITY OF FAYETTEVILLE AR KA N SAS City of Fayetteville RFP 21-10, PEG Channel Playout System Replacement Contract — Between City of Fayetteville, AR and The Field Shop, Inc. Renewable Terms: Single Project This contract executed this day of , 2022, between the City of Fayetteville, Arkansas (City), of 113 W. Mountain, Fayetteville, AR 72701 and The Field Shop, Inc. (Field Shop) of 4607 W 61s' St., Little Rock, AR 72209, in consideration of the mutual covenants contained herein, the parties agree as follows: The Contract documents which comprise the contract between the City of Fayetteville and Field Shop consist of this Contract and the following documents attached hereto, and made a part hereof: Appendix A: Scope of Work & Fees b. Appendix B: Solicitation packet identified as RFP 21-10, PEG Channel Playout System Replacement c. Appendix C: Field Shop's RFP response d. Appendix D: Field Shop's Certificate of Insurance 2. Field Shop at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items as described in Appendix A, and in accordance with specifications attached hereto and made a part hereof under RFP 21-10, all included herein as if spelled out word for word. a. The City of Fayetteville shall pay Field Shop for completion of the project based on prices indicated in Appendix A, for a not to exceed price of $52,327.00 US DOLLARS. Parties both agree taxes will apply to this work but are not included in the price stated above. b. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sources. Invoices shall be submitted itemized to the detail and breakout presented in the bid form. c. Payments shall not exceed the percentage of work completed as it progresses by Field Shop. d. The City reserves the right to withhold retainage from payments, not to exceed 5%. 3. These Contract documents constitute the entire agreement between the City of Fayetteville and Field Shop and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Field Shop. 4. Field Shop shall not assign its duties under the terms of this agreement without prior written consent of the City. 5. Field Shop agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Field Shop performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 6. Field Shop shall furnish a certificate of insurance addressed to the City of Fayetteville within ten (10) calendar days after contract finalization, presenting insurance which shall be maintained throughout the term of the Contract. City of Fayetteville, AR RFP 21-10, PEG Channel Playout System Replacement Contract: The Field Shop, Inc. Page 1 of 3 Any work sublet, Field Shop shall require the subcontractor similarly to provide insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Field Shop shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Worker's Compensation coverage shall be applicable with state law. 7. Field Shop shall furnish proof of licensure as required by all local and state agencies. 8. Liquidated Damages: N/A 9. Independent Contractor: Field Shop is an independent contractor of the City and shall maintain complete responsibility for applicable state or federal law on unemployment insurance, withholding taxes, social security, or other industrial, labor or discrimination law for its employees. Field Shop is responsible for its agents, methods and operations. 10. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, e-mail or fax (receipt confirmed), or overnight courier. 11. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25- 19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 12. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. No modification of this contract shall be binding unless made in writing and executed by both parties. 13. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State of Arkansas. Venue for all legal disputes shall be Washington County, Arkansas. 14. Contract Administration: The Mayor or his/her Designated Representative shall be the Contract Administrator for this contract. Field Shop's Principal or his/her Designated Representative shall be the primary contact for all matters pertaining to this contract. 15. Professional Responsibility: Field Shop shall exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. 16. Permits & Licenses: Field Shop shall secure and maintain any and all permits and licenses required to complete this Contract. 17. Debarment Certification: Field Shop hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" City of Fayetteville, AR RFP 21-10, PEG Channel Playout System Replacement Contract: The Field Shop, Inc. Page 2 of 3 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. Field Shop hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. WITNESS OUR HANDS THIS DAY OF 2022. THE FIELD SH P By: KRIS REED, Presid nt Attest: k-At Attest / Company Secretary (Printed Nome) Business Address 4607 W 615t St. Little Rock, AR 72209 Date Signed: City of Fayetteville, AR RFP 21-10, PEG Channel Playout System Replacement Contract: The Field Shop, Inc. Page 3 of 3 CITY OF FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor Kara Paxton, City Clerk Business Address 113 W. Mountain Fayetteville, AR 72701 Date Signed: City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0081 Agenda Date: 3/1/2022 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 RZN-2021-087 (N. FUTRALL DR. BETWEEN WEDINGTON DR. & MLK BLVD./BARNES SOUTH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-087 LOCATED ON NORTH FUTRALL DRIVE BETWEEN WEDINGTON DRIVE AND MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 9.40 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to CS, Community Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 212512022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-0081 Legistar File ID 2/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/28/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2021-000087: Rezone (N. FUTRALL DR. BETWEEN WEDINGTON DR. & MLK BLVD./BARNES SOUTH, 519): Submitted by CLARK LAW FIRM for property located at N. FUTRALL DR. BETWEEN WEDINGTON DR. & MLK BLVD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 9.40 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. 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 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 15, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: January 28, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2021-000087: Rezone (N. FUTRALL DR. BETWEEN WEDINGTON DR. & MILK BLVD.IBARNES SOUTH, 519): Submitted by CLARK LAW FIRM for property located at N. FUTRALL DR. BETWEEN WEDINGTON DR. & MLK BLVD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 9.40 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property, parcel 765-14618-000, is immediately east of 1-49 and approximately '/2 mile north of the interchange with W. Martin Luther King Jr. Blvd. The property has frontage along S. Futrall Drive, which is a one-way street heading north and is ARDOT right-of-way. The parcel contains 9.20 acres, and is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. The site is currently undeveloped and has almost 100% tree canopy coverage. The property has a steep grade, and a significant portion is located within the Hillside -Hilltop Overlay District, as well as the 1-540 Overlay District. A previous rezoning request to UT, Urban Thoroughfare was denied in 2021 (RZN-2021-000051). Request: The request is to rezone the property to CS, Community Services. The applicant has not submitted any additional development plans. Public Comment: Staff received comment from several members of the public expressing opposition to the request, as well as to associated rezoning requests to the north (RZN-2021- 000085, -86, -88). Those opposed were interested in seeing the property remain undeveloped. No public comment was offered at the meeting. Land Use Compatibility: Staff finds the request from RSF-4, Residential Single -Family, 4 Units per Acre to CS, Community Services to be compatible at this location. Much of the surrounding property is undeveloped, though there are multi -family dwellings immediately to the south. The property is zoned for residential multi -family to the immediate east, which would allow up to 24 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 units per acre with structures up to 5 stories tall. Similarly, CS allows for buildings up to 5 stories tall, with associated form -based design standards. Differing from similar requests to the north along Futrall Drive, the property also has potential connectivity along the east side of the property through available right-of-way along S. Root Avenue. 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. A portion of the area is designated as a City Neighborhood Area, which indicates an intent for a more densely developed mix of commercial and residential uses in connected proximity to each other. By allowing a mix of residential uses and non-residential uses, a request to CS zoning is in line with the City's goal of making this type of development the standard. Though the property has a varying infill score, staff finds that the adjacency to existing development and potential development through associated zoning entitlements makes this request compatible. The zoning district's allowance for increased density with proximity to transit routes is also in line with City Plan 2040 goals of growing a livable transportation network, and it also creates opportunities for attainable housing by adding additional housing type entitlement. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5-9 for this site. The following elements of the matrix contribute to the score: • Appropriate Fire Response (Station 6, 990 S. Hollywood) • Near Sewer Main (N Futrall Drive) • Near Water Main (W. Orlando Drive) • Near Public School (Ramay Jr. High School) • Near City Park (Centennial Park, across 1-49) • Near Paved Trail (Shiloh Trail, across 1-49) • Near ORT Bus Stop (Route 490) • Near Razorback Bus Stop (Route 44) • Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the January 24, 2022 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Sharp made the motion and Commissioner Sparkman seconded. Agreeing with staff's findings on the issue, Commissioners offered little comment on the item and location in question. However, at the same meeting, the Commissioners had engaged in a discussion regarding the appropriateness of the associated rezoning requests to the north (RZN-2021-000085, -86, and -88); those were ultimately denied by the Commission. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: 0 Exhibit A Exhibit B Planning Commission Staff Report Property Description — Barnes 3 North Half of the South Half of the northeast Quarter of the Southeast Quarter in Section Eighteen (18), Township Sixteen (16), Range Thirty (30), containing ten (10) acres. Less and except a strip thirty (30) feet wide off of the east side of the above tract for road; also except two (2) tracts taken by Highway I-540. In 1940, the date of that Deed, also reserved all timber and rock on the same for personal use during lifetime and this life has probably terminated, now 9.4 acres. CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: January 24, 2022 Updated with PC hearing results from 1/24/2022 SUBJECT: RZN-2021-000087: Rezone (N. FUTRALL DR. BETWEEN WEDINGTON DR. & MILK BLVD.//BARNES SOUTH, 519): Submitted by CLARK LAW FIRM for property located at N. FUTRALL DR. BETWEEN WEDINGTON DR. & MLK BLVD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 9.40 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2021-000087 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000087 to City Council with a recommendation of approval." BACKGROUND: The subject property, parcel 765-14618-000, is immediately east of 1-49 and approximately '/2 mile north of the intersection with E. Martin Luther King Jr. Blvd. The property has frontage along S. Futrall Drive, which is a one-way street heading north and is ARDOT right-of-way. The parcel contains 9.20 acres, and is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. The site is currently undeveloped and has almost 100% tree canopy coverage. The property has a steep grade, and a significant portion is located within the Hillside -Hilltop Overlay District, as well as the 1-540 Overlay District. A previous rezoning request to UT, Urban Thoroughfare was denied in 2021 (RZN-2021-000051). Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped R-A, Residential Agricultural (Bill of Assurance requiring zero homes to be built South Residential Multi -Family RMF-18, Residential Multi -Family, 18 Units per Acre East Undeveloped RMF-24, Residential Multi -Family, 24 Units per Acre West Interstate (1-49) RPZD (across the interstate) Request: The request is to rezone the property to CS, Community Services. The applicant has not submitted any additional development plans. Public Comment: Staff has received comment from one member of the public on the request in opposition. The member of the public is interested in this property maintaining its current state. Planning Commission January 24, 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 1 of 16 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along S. Futrall Drive, which is a partially improved Neighborhood Link street with asphalt paving and curb and gutter. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is not available to the subject area. Sewer: Sanitary Sewer is available to the subject area. Existing 21-inch sanitary sewer main is present on the east side of S. Futrall Drive. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 6, located at 990 S. Hollywood Ave., protects this site. The property is located approximately 0.8 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. There is not a protected stream in the area, and no portion of the site lies within a FEMA floodplain. A portion of the property is within the Hillside -Hilltop Overlay District, so additional restrictions will apply 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. Hydric soils are present on the west side of the subject property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Tree Preservation: The proposed zoning district of CS, Community Services requires 20% minimum canopy preservation. The current zoning district of RSF-4, Residential Single - Family, 4 Units per Acre requires 25% minimum canopy preservation. Planning Commission January 24, 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 2 of 16 CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area and Residential 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. 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 5-9 for this site, with a weighted score of 11.5 at the highest end. The following elements of the matrix contribute to the score: • Appropriate Fire Response (Station 6, 990 S. Hollywood) • Near Sewer Main (N Futrall Drive) • Near Water Main (W. Orlando Drive) • Near Public School (Ramay Jr. High School) • Near City Park (Centennial Park, across 1-49) • Near Paved Trail (Shiloh Trail, across 1-49) • Near ORT Bus Stop (Route 490) • Near Razorback Bus Stop (Route 44) • Appropriate Future Land Use (City Neighborhood Area) 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 request from RSF-4, Residential Single -Family, 4 Units per Acre to CS, Community Services to be compatible at this location. Much of the surrounding property is undeveloped or residential in nature, though there are multi -family dwellings immediately to the south, and property is zoned for residential multi -family to the immediate east, which would allow up to 24 units per acre with structures up to 3 stories Planning Commission January 24, 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 3 of 16 tall. CS allows for buildings up to 5 stories tall, with associated form -based design standards. Differing from similar requests to the north along Futrall Drive, the property also has potential connectivity along the east side of the property through available right-of-way along S. Root Avenue. 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. A portion of the area is designated as a City Neighborhood Area, which indicates an intent for more densely developed mix of commercial and residential uses in close, connected proximity to each other. Though the property has a moderate infill score, staff finds that the the closer proximity to existing development and proposed development through associated zoning entitlements makes this request compatible. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Rezoning the property from RSF-4 to CS would align with the City's long- term goals for the area, as well as be compatible with current surroundings; staff therefore finds the request to be justified. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from RSF-4 to CS would appreciably increase traffic at this site. RSF-4 zoning would limit the density to 4 units per acre; given the 9 acre site, the property currently has the entitlement for potentially 36 single-family residences. CS zoning does not have a density maximum, and allows for multi -family residential by -right, which would add a significant amount of traffic and congestion to S. Futrall, which is currently a one-way street and does not have direct access to the interstate. That said, the property currently has an additional point of access at the southeast corner through S. Root Avenue, somewhat alleviating staff's concerns. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to CS would have the potential to alter the population density at this location, and could potentially place an undesirable burden on public services at this location. The property does not currently have direct access to water, so extensions to water service would be required prior to any redevelopment of the site, though those initial costs would be borne by the developer. Fayetteville Public Schools did not comment on the request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted Planning Commission January 24, 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 4 of 16 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-2021-000087. PLANNING COMMISSION ACTION: Required YES (Date: January 24, 2022 O Tabled (Motion: Sharp Second: Sparkman BUDGET/STAFF IMPACT: None M Forwarded O Denied with a recommendation of approval Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family -Four (4) Units Per Acre o §161.22 Community Services • Applicant Request Letter • Applicant Exhibit • 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 Unit 46 Short-term rentals (2) Conditional Uses. Planning Commission January 24, 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 5 of 16 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; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission January 24, 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 6 of 16 161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping oods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwellinq 18 feet All others None Planning Commission January 24, 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 7 of 16 (2) Lot Area Minimum. None. (E) Setback regulations. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to 15 feet a single-family residential district: (F) Building Height Regulations. Building Height Maximum 1 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21) Planning Commission January 24, 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 8 of 16 CLARK LAW FIRM DECEMBER 3, 2021 City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Rezoning Application — Barnes Trust Rezoning (3) Attn: Development Services/Planning 244 West Dickson Street, Suite 201 PO Box 4248 Fayetteville, Arkansas 72702-4248 Tel: (479) 856-6380 Fax: (479) 856-6381 Suzanne G. Clark sclark@clark-firm.com I am representing the Barnes Family Trust regarding their application to rezone the real property described in the attached property description and located in parcel number 765-14618- 000 and is approximately 9.22 acres. The property to be rezoned is currently zoned RSF - 4 and the applicant is requesting the property be rezoned to CS, Community Services in order to develop the site. This requested rezoning is compatible with the surrounding neighborhood and will not unreasonably adversely affect or conflict with the surrounding land uses. The properties to the north are zoned RSF-4 and to the east are R-A. The western border is the interstate, and the other side of the interstate is a mix of R-A and C-2. Although not directly adjacent to this property there are numerous properties nearby that are zoned C-1, C-2, RPZD, and RFF-24 which are similar zones in use and intensity. Proximity to adequate roads provide ingress and egress. Existing water and sewer are already installed. We believe the requested zoning is in line with the goals of the City 2030 plan and zone CS will allow development in accordance with the City's Future Land Use Map. I-49 and Futrall Dr are on the west side of this property with ample capacity to carry traffic. Any potential increase in population density because of the rezoning would not undesirably increase load on public services. We believe CS is the appropriate zone for this property. We are happy to provide any additional information that is needed or may be helpful upon your review of this application. Thank you for your consideration and please let me know you have any questions. Planning Commission January 24, 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 9 of 16 City of Fayetteville Barnes Family Trust (3) Sincerely, /s/ Suzanne G. Clark Suzanne G. Clark 3 DECEMBER 2021 Page 2 of 2 Planning Commission January 24, 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 10 of 16 I � . U # JCI wm12E) N f ± 9 � � N < � n _ m | ■ @ - 66 � q � a % 2 2 \{\ o � ) E § \)\ A \!g j!) \ {{} o j stpQ \ CD\ \ C \\\. §!q \ ] _ ° }Iq Hi \!(! as§ � I 6 e � d 9 7 Planning Commission Jana% & 2022 Agenda Item 2 RZN&1-0087 Barnes South Page g¥± From: Lisa Orton <lisa m orton@yahoo.com> Sent: Monday, January 17, 2022 8:44 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Cc: Lisa Orton <lisa m orton@yahoo.com>; University Heights Neighbors <university-heights- na@listserv.uark.edu> Subject: Documentation for several rezone requests going to the Planning Commission on Jan 24, 2022 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Clerk, Please send us the documentation for RZN-2021-000085, RZN-2021-000088, RZN-2021-000086, and any other rezoning request made for acreage along N Futrall Dr between Wedington Dr and MLK Blvd. This is on the west side of Markham Hill next to highway 49, adjacent to the City's 63-acre nature preserve and SREG's 50-acre nature preserve. I believe the Planner is Jessie Masters on all these. It is going before the Planning Commission on January 24. Many people will be interested in these rezoning requests once they know about them. It is inappropriate to rezone these 18-20 acres to CS beside these nature preserves and will ruin the beauty and view of Markham Hill as people drive into Fayetteville along highway 49. It is hillside property. These requests were made in August 2021 and the City Council voted unanimously against them. But the developer hired by the landowners is asking again. Thank, Lisa Orton From: springfieldranch@aol.com <springfieldranch@aol.com> Sent: Sunday, January 23, 2022 10:09 AM To: CityClerk <cityclerk@favetteville-ar.gov> Subject: Markham Hills 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. am opposed to the rezoning of these parcels. This area needs to be kept in its natural state. Fayetteville is gobbling up green space in the name of development and growth, but this area is not compatible with this rezoning. Fiannnp Gc misslon Tr trltrt figrndi Janiwy 24, 2022 10. 2022.0011; RZN,2021.000050: Romano 04. FUTRALL DR. BETWEEN WEOINGTON DR. S MLK BLV02BARNES NORTH, btop: Sa bedled by CLARK LAW FIRM rod pr4pe+rtr reveled M N. FLFrFMLL DR. BETWEEM WEDINGTON DR. S MLK BLVD. The p'opedy ie zorod RSF4. RESIDENTIAL SINGLE FAMILY. dUNfrS VER ACRE 43M ObrUiro arpprwaM" +J77et4les. T31pfKugttig63rDmm1ho propertym CS.CCWMLPNSTY SERVZE9. PLarxrer Jeasra Mes4urs 11. 20:2-0644 RLN.2021-0000Edc Rmxirnt (il. FUTRALL DR. RETWEEN WROINGTON DR. 3 NLK BLVD28ARNES -CENTRAL, 510)- SubWA&d by CLARK LAW FIRM irk draparty I�ffied M N. F UTRALL DR. BETWEEN WEDINGTON DR $ MLK BLVD. The prgy" is zo*M F4SF-4, RESMENTLtL SINGLE FAMILY, d UNnTS PER ACRE and corrinins aWDYAwEely 1.37augs. Ttnero%{ Lis torezone14p+epeflyWC5.COMMLPNITYSEAVJCGS. Flamer. jes&i9 k1mixi s 12. 2012-00SO ALN�021 L306L+1fT AV= } M. FI,t7RALL W. MrWEEN WEDIFeGr0N W. & MLK 9LV0"AANES SAUTR 110): Suberiltod by CLARI( LAW FIRM don nr4Farly listed aI H. FLrTRAU DR. BETWEEh4 WEDINGTCHN DR. & MLJC BLVD. The property is zoned RSF.4, KSMENTL L SIN(`LE FAMILY, a L)MM PER AC,R1 9nd c9rM1girq, PypFOmrnatPlg f AGT63. the request is W6 rezone lhb peppetgy W G5. CCWMLUKTY SEAWM. Planned..leeeie klaf6ers 13. M24MS1 RIN �G21in440$9 Re=rw Rd. FVnML DR. 5VrWEEN WEPINGi`Vry DR. dr ML.K OLVOJ JAY8019. : SiAwRHW tyr CLARX LAVY FIRMA bqr pr%grly 4¢EaW al N. FLiTAALL, DR BETWEEN W€OINGTON DR. $ PAK BLVD. The prgporty * aarratl RSF-a, FeSUDEN#LAL SINCAE I=AksILY. aUMM MR ACRE 43r4 mrAairas alppocta+nB" Y50arsaa. TTw iequeet a * temne The ptoetLy to C%- GCWMLffiM SERV4rES. Plennew: y� cdr?'FsrM.lM Pat** rrxr —My Sincerely, T.A. Sampson -----Original Message ----- From: Marquette Bruce <marquette44@gmail.com> Sent: Sunday, January 23, 2022 9:00 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Planning Commission before the Jan. 24th vote CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please see that the Planning Commission gets this letter before January the 24th's vote on the Markham Hill parcels. Dear Planners, I am expressing the highest opposition possible to the rezoning being considered for the Westside of Markham Hill. The Watson and Barnes parcels are located next to the City's and SREG's Nature Preserves. If this land is opened up to commercial real estate there will be little left to preserve. I walk on Markham often and see how fragile the ecosystem is right above the interstate on the Southwestern slope. The more it is opened up the more devastation will occur. These urban forested areas are irreplaceable for our physical and emotional health as well as natures. (2022-0048,0049, 0050,0051) If you care about Climate Resiliency and preparing our city for the future, your vote must be a resounding, "NO" now and forever. Marquette Bruce 741 N. Lewis Ave (In the Markham Hill neighborhood) You are a wonderfully efficient City Clerk. Thank you for your help in getting this to the Planning Commission before the dye is cast! Sent from my iPhone From: Jay Jones <ionesiay62@gmail.com> Sent: Monday, January 24, 2022 2:10 PM To: CityClerk <cityclerk@favetteville-ar.gov> Subject: Rezoning Opposition CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. I oppose the four rezonings on the far west side of Markham Hill concerning the 6.6 acre Watson parcel and the 9.7 acre, 9.22 acre, and 1.68 acre Barnes parcels. They are adjacent to the City's 63 acre nature preserve and SREG's 50 acre nature preserve on Markham Hill. It is inappropriate and incompatible to rezone these parcels to CS (commercial services like gas stations, etc.) because of the adjacent nature preserves. These parcels are part of the wooded Markham Hill urban forest in the middle of Fayetteville. I as all the city councilors to vote "NO" to the rezoning of these parcels! Rick Jones 1715 West Reap Drive, Apt B Fayetteville, AR 72703 From: Dina Nash <dinacnash2014@gmail.com> Sent: Monday, January 24, 2022 2:17 PM To: Porter Winston <p.winston@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville-ar.gov>; Johnson, Matthew <matt.johnson@fayetteville-ar.gov> Subject: Tonight's Planning Comm. Mtg. re: RZN-2021-000085,-86,-87,-88. CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Staff and Commissioners, We are opposed to re -zoning the Barnes and Watson parcels. Please consider instead having the city purchase those to enlarge the Nature Preserves next to them. This way we might just have more of the pieces necessary to actually preserve the trees in the preserve. Trees on the edges of preserves where most of the trees are cleared usually die, due to interdependency of trees in forests. Please consider our proposal, on behalf of all those who breathe the air in Fayetteville. We need to enlarge our urban forest to keep up with the pace of development, not reduce it. Trees and shrubs are our only source of oxygen production to promote climate resilience. These are already existing trees: some of them in the area are old growth pines and oaks. We walk there frequently and enjoy life more in our town because of the cooling and oxygenating effects of our big trees. Thank you, Jeff and Dina Nash 501-554-2200 1978 N. Settlement Ln. Fayetteville, 72704 1978 N. Settlement Ln. Fayetteville, AR 72704 January 23, 2022 Dear Planning Commissioners and Mayor, We are writing on behalf of what we believe to be the position of hundreds of our friends and colleagues in Fayetteville who belong to organizations dedicated to the preservation of our long-established areas of trees, our urban forest. There is precious little left of it. Since Dina came to Fayetteville in 1963, the landscape has changed drastically. We not against reasonable, environmentally responsible growth that, above all preserves the forests which supply our oxygen and uses up our carbon dioxide, the creeks and other natural water flows, the water quality, and the wildlife which has a right to be here: we are taking it from them every day. There are plenty of cleared lots which could have houses placed on them, and plenty of already cut over forests farmland where people can live, and small trees can be re -planted there to make them happy. But we need to be planting trees, not cutting them down to build housing, unless the trees are diseased or too old to be useful for oxygen. Our urban forest such as that on Markham Hill is a treasure beyond measure! There are still some old growth pines and oaks that were there when Dina was a freshman at the U of A. That hill has been a sanctuary for students at the University of Arkansas, myself included, for decades. Dina came here in 1963, and many of her friends lived in the cabins there, because they loved the woods and the cabins were affordable. She has walked hundreds of miles on the trails there, and we still do walk there frequently, with online written permission of the owners. What a shame that a high density development is happening to this beautiful mountain that was the symbol of wildness and wonderful outdoor exercise for the people around it for so many years. You could have been famous for preserving it, but you are letting money -hungry developers destroy it. The very idea of rezoning the Watson and Barnes parcels, which are right next to the City's and SREG's nature preserves shows that you do not have regard for urban forestry science: A forest is a system of roots, microrrhyzae, insects, water paths, soil, rocks, etc., not a block of legally described ground. The trees on one side of the property line depend on the trees on the other side. They share nutrients in the order that people do: first, with their family members (other oaks, etc.), then neighbors and friends. When you kill their kith and kin, you damage the trees you left, because they were interdependent for their existence. We are interdependent with the long -existing trees, too: we get oxygen, they get carbon dioxide. It is crazy that we are wiping out large tracts of established forest systems. Trees are the ONLY sources of oxygen on our planet, and in Fayetteville, we are not replanting at the same rate trees are being removed, a net loss every year. We ask you to vote NO on this bid to rezone the Watson and Barnes parcels (2022: 0048, 0049, 0050, and 0051). AND: Instead, we propose that the City Planning Commission study the feasibility of purchasing those two parcels to add to the Nature Preserves next to them. What would it cost? Could these be two parcels which would conform to the City Council's plan to purchase green space to make the city more Climate Sustainable? Has anyone considered this? Please check on what the market value of those two parcels is and whether that would be feasible to purchase them before you vote on re -zoning for these two parcels. Thank you very much, and we'd love to hear back about this proposal. We plan to contact some City Council members about this before tonight's meeting. Sincerely, Dina Nash, retired Community Social Worker/Criminologist Dr. Jeff Nash, retired Urban Sociologist 501-554-2200 dinacnash2014@gmail.com RZN-2021-000087 Barnes South One Mile View NORTH C � 0 0.125 0.25 0.5 Miles IF `D 1 �`\ - m zC+1 1 � RSF-4 \ %% 1 RI-U - - C-1 � •\ R-A Subject Property \, 1, << \ \ RMF-24 RPZD ` 1 \ (P ,\ < `\ RMF-18 \ 0 I _ RSF-2 `y ` \ P-1 \ D R- LU I-1 IPZD RSF-8 NC Q \ 01 CS 0 --- - - \ MPR�� 6LVD Neighborhood Link '-- Zoning RESIDENTIAL SINGLE-FAMILY �NS-I-U I, General IMuat°al EXTRACTION Regional Link - High Activity ---__ � RERCIAL . RI-,P NSL COMM COMMERCIAL Reai°enbal-Gg e L C-, Freeway/Expressway.ReaiEal-AgM1coltuml enO RSF-., RSF-, =C, ii C-, — — — Shared -Use Paved Trail - — RSF-= FORM BASED DISTRICTS Dew to Com R. RSF-] U- 11-91,11 - —Trail (Proposed) RSF-a RSF-1, .in B tCenter Downmwn Genus, Community Se ,c Design Overlay District I Q � ENTIALMULTIFAMILY NeigM1bamool,n,,,, � NeigM1balM1oodConaerva°an 1 Fayetteville City Limits R^, PLANNED ZONING DISTRICTS Cemmamial, In°uat°al, Reai°enbal L — — Planning Area �RMF-sa INSTITUTIONAL - `Planning Area Fayetteville City Limits - - �_ INDUSTRIAL 11 Heary Ca mem al and Light lnMat°al iiR-, RZN-2021-000087 Barnes South Close Up View 1 i ,1 R1-U 1 1 � 1 � 1 1 1 1 R-A it Subject Property �O ►, '% Proposed CS,`., RSF-4 G RMF-24 LU ORLA RMF-18 =0;> w RPZD NDO DR � =�Q `(P g 5^ 1 < r W rXN C-2 O v P-1 <o � o�o i NORTH Zoning Acres Neighborhood Link Freeway/Expressway CS 9.0 Hillside -Hilltop Overlay District — Trail (Proposed) Feet Design Overlay District Planning Area 0 112.5 225 450 675 900 ` - - 1 inch = 300 feet Total 9.0 — Fayetteville City Limits Planning Co ssion 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 14 of 16 RZN-2021-000087 Barnes South A& Current Land Use N 0 RT H r- Undeveloped7 f2 'r 1 7 - 1 Subject Property Undeveloped M� Cit .t r Multi -Family O r F r o- n' ` e �! Fi Frv;.-e,,, vE,r r w f y.�kF K1 Residential Y �. _-'. * { Rr'. ti ! �► STONE ST - - III ,5 Multi -Family Residential IF t—� I� Neighborhood Link Freeway/Expressway Trail (Proposed) _; Planning Area ZZ - - -; Fayetteville City Limits I _ j Design Overlay District r ;'•'� r��F► a ■ �V 17 Feet 0 112.5 225 450 675 1 inch = 300 feet FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Co mission 4, 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 15 of 16 RZN-2021-000087 Barnes South A& Future Land Use NORTH , , , , , , , Residential Neighborhood s `\ Subject Property REDSTONE N ♦ DR <Q � O � BLACKSTON� G \ XING ♦ ;A ♦ \MAINE,S'V c AUBURN DR<< w Q�TONWILLOW Wqy �� J ORLAND0 DR o \ Civic and 'A,9 `y \ STONE ST \ Private Open Space �A 1 cev 9� <Q Civic Institutional Cit \ Z Neighborhood NA ES D � T DR W o ra SAINT Y w PETES CT City Neighborhood Neighborhood Link Civic Institutional Freeway/Expressway Civic and Private Open Space Industrial Planning Area Feet Natural Fayetteville City Limits Non -Municipal Government - - ' 0 145 290 580 870 1,160 - - - -Trail (Proposed) Residential Neighborhood - - 1 inch - 400 feet 111 Rural Residential I_— J Design Overlay District Urban Center Planning Co ssion 2022 Agenda Item 12 RZN-21-000087 Barnes South Page 16 of 16 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0082 Agenda Date: 3/1/2022 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.2 RZN-2021-092 (SOUTH OF 375 N. RUPPLE WRIVERWOOD HOMES & MCBRYDE FAMILY): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-092 LOCATED SOUTH OF 375 NORTH RUPPLE ROAD FOR APPROXIMATELY 5.34 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES AND APPROXIMATELY 0.34 ACRES FROM CS, COMMUNITY SERVICES TO R-A, RESIDENTIAL AGRICULTURAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to CS, Community Services, and from CS, Community Services to R-A, Residential Agricultural. 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 212512022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-0082 Legistar File ID 2/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/28/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2021-000092: Rezone (SOUTH OF 375 N. RUPPLE RD./RIVERWOOD HOMES & MCBRYDE FAMILY, 477/478): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located SOUTH OF 375 N. RUPPLE RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL & CS, COMMUNITY SERVICES and contain 2 parcels with approximately 35.20 acres. The request is to rezone 5.34 acres from R-A to CS and rezone 0.48 acres from CS to R-A. 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 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 15, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: January 28, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2021-000092: Rezone (SOUTH OF 375 N. RUPPLE RD./RIVERWOOD HOMES & MCBRYDE FAMILY, 477/478): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located SOUTH OF 375 N. RUPPLE RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL & CS, COMMUNITY SERVICES and contain 2 parcels with approximately 35.20 acres. The request is to rezone 5.34 acres from R-A to CS and rezone 0.48 acres from CS to R-A. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is in west Fayetteville and just to the southwest of Owl Creek School along N. Rupple Road. Containing 35.20 acres, the property is currently undeveloped. In 2015, the property was rezoned to CS, Community Services and R-A, Residential -Agricultural through a city -initiated rezoning effort in conjunction with the redevelopment of N. Rupple Road (Ordinance 5775). The intent of that effort was to concentrate density in specified areas along the corridor and help conserve other environmentally -sensitive areas throughout the 642-acre study area. Request: The request is to rezone 5.34 acres from R-A to CS, and 0.48 acres from CS to R-A. The applicant has not submitted any plans for development review, but has submitted a proposal to the Parks and Recreation Advisory Board with an intent to develop a senior -living development and possible associated parkland dedication. Public Comment: Staff did not receive any public comment on the item, and no public comment was offered at the meeting. Land Use Compatibility: The property is situated between a school, a retirement community, and a single-family neighborhood, and has frontage along the redeveloped N. Rupple Road, generally making a request to expand the area for additional mixed -use density compatible. While CS does allow taller buildings by right (5 stories), the build -to -zone associated with CS is setback slightly from the street to accommodate this. CS also brings additional permitted uses such as eating places and neighborhood shopping that could potentially be of walkable service to the surrounding Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 area. The downside of the request is that much of the area zoned R-A was intentionally zoned that way in an effort to conserve environmentally -sensitive areas during a city -initiated rezoning effort in 2015. The applicant's request to rezone 5.34 acres of this area to CS is not necessarily in line with this previous intention. That said, expanding the entitlement through rezoning a portion of the area to CS is only one step in the development process; much of the area in question is still protected by the Streamside Protection ordinance, as well as additional regulations surrounding the development in a floodplain that would be reviewed for at the time of a specific development proposal. The presence of a protected stream, floodplain, and hydric soils on the property will limit the size of any future development through additional reviews and approval. Further, the applicant is also downzoning a portion of property (0.48 acres) to R-A. Land Use Plan Analysis: Staff finds that the request is not entirely consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area has several designations on the Future Land Use map, including Natural Area. As stated above, the current R-A zoning is in line with the Future Land Use Map designation as a "Natural Area" and to rezone 5.34 acres of that designation to CS is not necessarily in line with the city's goals. The applicant's request to downzone a portion of CS property to R-A is, however, an effort to maintain some alignment with the Future Land Use Map in this area, though perhaps does not go quite far enough. It is also worth noting that the area deemed "Natural Area" by the Future Land Use Map does not immediately follow the floodplain boundary. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 5-6 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, located at 835 N. Rupple Rd) • Near Water Main (12" PVC, N. Rupple Road) • Near Public School (Owl Creek School) • Near City Park (Centennial Park) • Near Paved Trail (N. Rupple Road) • Near Razorback Bus Stop (Route 35) DISCUSSION: At the January 24, 2022 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Sharp made the motion and Commissioner Winston seconded. Commissioners initially offered concerns about the overall lack of connectivity and access to the site given existing floodplain and streams, lack of consideration for the Enduring Green Network, and had questions about how access may interact with the boulevard along N. Rupple Road. Commissioners also identified that the property was unusual in shape, but recognized that the existing CS zoning on the site indicated an intent for higher - intensity development to occur at this location, and found the request to be somewhat administrative in nature. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2021-000092 Riverwood Homes Close Up View & McBryde Family M I IS-SFUL DR NC —ANTHEM DR z J Y Q 2 V w WALES DR- mAr"0111PON.IANWIML, Regional Link Neighborhood Link I Trail (Proposed) Feet QQ �J Jf Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits 1 inch = 300 feet PERSIMMON ST i i i 1 R VIEW Zoning Acres CS 5.3 R-A 0.5 Total 5.8 RSF-4 LEGAL DESCRIPTION: (AREA 1 RA TO CS) A part of the SW1/4 of the NE1/4, a part of the SE1/4 of the NW1/4, a part of the NE1/4 of the NW1/4 and a part of the NW1/4 of the NE1/4 all in Section 13, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, NE1/4, thence S87°10'18"E 55.37 feet to the POINT OF BEGINNING, thence S42°06'33"E 3.43 feet, thence S07°46'48"E 26.08 feet, thence SO4°47'04"W 10.58 feet, thence SO4°35'48"W 13.75 feet, thence S11°28'46"W 22.69 feet, thence S14°35'14"E 30.96 feet, thence S61°14'06"E 29.76 feet, thence S67°03'38"E 36.73 feet, thence S89°57'43"E 19.53 feet, thence N69°37'34"E 9.92 feet, thence N69°13'58"E 12.35 feet, thence N41°17'27"E 40.47 feet, thence N25°41'08"E 20.03 feet, thence N36°26'14"E 35.38 feet, thence N35°27'38"E 26.99 feet, thence N39°05'13"E 15.52 feet, thence N55°22'55"E 93.23 feet, thence N75°03'13"E 51.50 feet, thence S82°25'46"E 88.17 feet, thence S73°07'57"E 89.55 feet, thence S59°10'44"E 76.64 feet, thence S43°01'55"E 91.62 feet, thence S31°33'43"E 82.38 feet, thence S66°49'07"E 99.85 feet, thence S54°11'23"E 56.65 feet, thence S32°19'36"E 46.53 feet, thence S43°10'26"E 13.65 feet, thence S49°22'52"W 2.36 feet, thence N40°36'51"W 32.48 feet, thence along a curve to the left 75.13 feet, said curve having a radius of 127.50 feet and a chord bearing and distance of N57°29'39"W 74.04 feet, thence N74°22'27"W 47.86 feet, thence along a curve to the right 82.14 feet, said curve having a radius of 172.50 feet and a chord bearing and distance of N60°43'58"W 81.37 feet, thence N47°05'30"W 192.72 feet, thence S42°54'30"W 86.91 feet, thence S69°53'48"W 31.52 feet, thence N47°05'30"W 45.70 feet, thence S71°42'53"W 329.79 feet, thence S71°42'53"W 50.69 feet, thence N52°29'02"W 267.11 feet, thence N21°31'47"W 358.96 feet, thence N16°53'15"E 249.49 feet, thence N53°50'55"E 152.07 feet, thence S89°11'25"E 300.78 feet, thence S59°41'13"E 91.02 feet, thence S38°26'15"E 56.89 feet, thence N63°35'22"W 6.26 feet, thence S77°33'06"W 34.43 feet, thence S80°27'02"W 35.36 feet, thence N84°36'19"W 29.01 feet, thence N77°40'37"W 22.01 feet, thence S86°14'38"W 47.85 feet, thence S71°13'15"W 26.85 feet, thence S82°50'52"W 15.38 feet, thence N43°11'50"W 17.11 feet, thence N24°41'49"W 28.04 feet, thence N71°52'56"W 8.64 feet, thence S38°23'13"W 33.43 feet, thence S09°42'14"W 18.63 feet, thence S03°30'47"W 19.18 feet, thence S58°38'58"W 29.30 feet, thence N84°09'26"W 19.23 feet, thence S89°11'29"W 26.62 feet, thence S76°28'33"W 15.27 feet, thence S19°13'39"W 9.49 feet, thence S68°31'10"W 21.44 feet, thence S80°07'44"W 18.28 feet, thence S58°38'05"W 18.77 feet, thence S28°20'16"W 33.78 feet, thence S51°12'21"W 15.54 feet, thence S89°51'53"W 19.58 feet, thence S77°41'31"W 19.98 feet, thence S32°45'02"W 10.16 feet, thence S20°46'58"W 17.67 feet, thence S05°35'53"E 16.10 feet, thence S29°30'36"E 23.80 feet, thence S31°13'46"E 47.55 feet, thence S48°50'04"E 28.08 feet, thence S61°20'42"E 22.70 feet, thence S31°13'36"E 12.81 feet, thence S26°55'04"W 24.97 feet, thence S55°11'09"W 10.98 feet, thence S19°50'20"W 31.15 feet, thence S21°33'57"W 59.20 feet, thence S03°48'31"W 58.70 feet, thence S13°32'57"E 33.46 feet, thence S32°45'28"E 26.37 feet, thence S55°33'03"E 25.33 feet, thence S83°39'29"E 23.58 feet, thence N77°22'50"E 36.80 feet, thence N66°11'13"E 29.05 feet, thence N74°55'47"E 16.68 feet, thence S53°00'35"E 23.43 feet, thence S52°21'38"E 23.68 feet, thence S42°06'33"E 12.36 feet to the POINT OF BEGINNING: Containing 4.76 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (AREA 2 RA TO CS) Apart of the SW1/4 of the NE1/4 and apart of the NW1/4 of the NE1/4 of Section 13, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said SW1/4, NE1/4, thence S87°10'18"E 742.21 feet to the POINT OF BEGINNING, thence N37°32'55"W 70.81 feet, thence N45°39'16"W 81.70 feet, thence N21°03'55"W 21.09 feet, thence S47°05'30"E 269.89 feet, thence S86°44'03"E 59.73 feet, thence S83°25'05"E 76.07 feet, thence N82°35'54"E 32.55 feet, thence S87°59'34"E 109.25 feet, thence S49°23'09"W 171.21 feet, thence N68°01'12"W 54.74 feet, thence N58°58'22"W 144.07 feet, thence N37°34'29"W 85.43 feet, thence N37°32'55"W 14.59 feet to the POINT OF BEGINNING: Containing 0.58 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (AREA 3 CS TO RA) A part of the NW1/4 of the NE1/4 of Section 13, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said NW1/4, NE1/4, thence S87°10'18"E 742.21 feet, thence N37°32'55"W 70.81 feet, thence N45°39'16"W 81.70 feet, thence N21°03'55"W 21.09 feet to the POINT OF BEGINNING, thence N47°05'30"W 43.27 feet, thence N41°32'18"W 153.70 feet, thence N30°11'00"W 303.85 feet, thence N38°26'15"W 30.50 feet, thence S63°35'22"E 63.18 feet, thence S73°50'35"E 24.50 feet, thence S29°45'06"E 185.90 feet, thence S37°41'05"E 138.87 feet, thence S21°03'55"E 133.78 feet to the POINT OF BEGINNING: Containing 0.48 acres more or less subject to easements and right of way of record. 1p".- - TO: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE Fayetteville Planning Commission Jessie Masters, Development Review Manager January 24, 2022 Updated with PC hearing results from 1/24/2022 SUBJECT: RZN-2021-000092: Rezone (SOUTH OF 375 N. RUPPLE RD./RIVERWOOD HOMES & MCBRYDE FAMILY, 477/478): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located SOUTH OF 375 N. RUPPLE RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL & CS, COMMUNITY SERVICES and contain 2 parcels with approximately 35.20 acres. The request is to rezone 5.34 acres from R-A to CS and rezone 0.48 acres from CS to R-A. RECOMMENDATION: Staff recommends forwarding RZN-2021-000092 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000092 to City Council with a recommendation of approval." BACKGROUND: The subject property is in west Fayetteville and just to the southwest of Owl Creek School along N. Rupple Road. Containing 35.20 acres, the property is currently undeveloped. In 2015, the property was rezoned to CS, Community Services and R-A, Residential -Agricultural through a city -initiated rezoning effort in conjunction with the redevelopment of N. Rupple Road (Ordinance 5775). The intent of that effort was to concentrate density in specified areas along the corridor and help conserve other environmentally -sensitive areas throughout the 642-acre study area. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Senior Living Facility (Katherine's Place); P-1, Institutional; R-A, Residential -Agricultural; Undeveloped; Commercial R-O, Residential -Office South Single -Family Residential NC, Neighborhood Conservation East Owl Creek School R-A, Residential Agricultural West Single -Family Residential; Undeveloped NC, Neighborhood Conservation; R-A, Residential -Agricultural Request: The request is to rezone 5.34 acres from R-A to CS, and 0.48 acres from CS to R-A. The applicant has not submitted any additional development plans in direct association with this request, but has submitted a development proposal to the Parks and Recreation Advisory Board with an intent to develop a senior -living development. Public Comment: Staff has not received any public comment on this item. Planning Commission January 24, 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 1 of 14 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along N. Rupple Road. N. Rupple Road is a fully improved Regional Link Street with asphalt paving, curb, gutter, and trail. 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. Existing 12-inch water main is present along the west side of N. Rupple Road. Sewer: Sanitary sewer is available to the subject area. Existing 8-inch sanitary sewer main is present along the north side of the subject property. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 7, located at 835 N. Rupple Rd., protects this site. The property is located approximately 0.7 miles from the fire station with an anticipated drive time of approximately 2 minutes using existing streets. The anticipated response time would be approximately 4.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Floodplain currently surrounds the subject property. A floodplain development review will be required at the time of permit or plan submittal. This will restrict the type of development and impact in flood zones; and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. There is also a Streamside Protection Zone that surrounds the subject property. Streamside Protection Zones generally consists of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50ft wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. Hydric soils are present throughout the entire site. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a Planning Commission January 24, 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 2 of 14 statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Tree Preservation: The zoning district of CS, Community Services requires 20% minimum canopy preservation. The zoning district of R-A, Residential -Agricultural, requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area, Residential Neighborhood Area, and Natural 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. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. Natural Areas consist of lands approximating or reverting to a wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, many of which are identified in the generalized enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 5-6 for this site, with a weighted score of 7. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, located at 835 N. Rupple Rd) • Near Water Main (12" PVC, N. Rupple Road) • Near Public School (Owl Creek School) Planning Commission January 24, 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 3 of 14 • Near City Park (Centennial Park) • Near Paved Trail (N. Rupple Road) • Near Razorback Bus Stop (Route 35) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The property is situated between a school, a retirement community, and a single-family neighborhood, and has frontage along the redeveloped N. Rupple Road, generally making a request to expand the area for additional mixed -use density compatible. While CS does allow taller buildings by right (5 stories), the build -to -zone associated with CS is setback slightly from the street to accommodate this. CS also brings additional permitted uses such as eating places and neighborhood shopping that could potentially be of walkable service to the surrounding area. The downside of the request is that much of the area zoned R-A was intentionally zoned that way in an effort to conserve environmentally -sensitive areas during a city -initiated rezoning effort in 2015. The applicant's request to rezone 5.34 acres of this area to CS is not necessarily in line with this previous intention. That said, expanding the entitlement through rezoning a portion of the area to CS is only one step in the development process; much of the area in question is still protected by the Streamside Protection ordinance, as well as additional regulations surrounding the development in a floodplain that would be reviewed for at the time of a specific development proposal. The presence of a protected stream, floodplain, and hydric soils on the property will limit the size of any future development through additional reviews and approval. Further, the applicant is also downzoning a portion of property (0.48 acres) to R-A. Land Use Plan Analysis: Staff finds that the request is not entirely consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area has several designations on the Future Land Use map, including Natural Area. As stated above, the current R-A zoning is in line with the Future Land Use Map designation as a "Natural Area" and to rezone 5.34 acres of that designation to CS is not necessarily in line with the city's goals. The applicant's request to downzone a portion of CS property to R-A is, however, an effort to maintain some alignment with the Future Land Use Map in this area, though perhaps does not go quite far enough. It is also worth noting that the area deemed "Natural Area" by the Future Land Use Map does not immediately follow the floodplain boundary. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone from R-A to CS as the applicant has requested may not be fully justified given the Future Land Use Map designation of the area. However, further investigation into a proposed development could help identify how the applicant intends to address the environmentally -sensitive areas. The request to rezone a portion of property from CS to R-A is, however, in line Planning Commission January 24, 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 4 of 14 with the City's goals for the area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property as the applicant has requested may not necessarily appreciably increase traffic danger or congestion given the redevelopment of N. Rupple Road as a Regional Link Street, though there is some concern about overall access to the site; it does not readily appear that connectivity to the north, west, or south could easily be made due to existing floodplain, floodway, and streams. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from R-A to CS could potentially increase the population density in the area. CS does not have a density maximum, should residential uses be developed on the site, which is greatly different from the R-A density requirement of 1 unit per 2 acres. That said, with the availability of services and infrastructure in the area, as well as the majority of the site already zoned CS, staff does not find that the addition of 5.34 acres of CS zoning at this location would alter the population density to an undesirable degree. 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-2021-000092. PLANNING COMMISSION ACTION: Required YES Date: January 24, 2022 O Tabled( Forwarded O Denied with a recommendation of approval (Motion: Shary Second: Winston (Vote: q-0-0 Planning Commission January 24, 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 5 of 14 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 District R-A, Residential -Agricultural o §161.22 Community Services • Applicant Request Letter • Applicant Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half '/2 Planning Commission January 24, 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 6 of 14 (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating laces Unit 15 Neighborhood Shopping goods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Planning Commission January 24, 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 7 of 14 Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to 15 feet a single-family residential district: (F) Building Height Regulations. Building Height Maximum 1 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21) Planning Commission January 24, 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 8 of 14 JORGENSEN +ASSOCIATES Civil Engineering Surveying Landscape Architecture Services December 15, 2021 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Rezoning for Riverwood Homes & McBryde 124 W Sunbrldge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 www.jorgensenassoc.com Attached herewith please find the submittal documents in regards to a rezoning on a piece of property located off of Rupple Road just south of Owl Creek School. The subject property is made up of the following parcels: • 765-22366-100 (McBryde Family, 30.60 acres). • 765-16269-100 (Riverwood Homes, 4.60 acres). This property is currently zoned C-S (Community Services) and R-A (Residential Agriculture) and is broken up by the floodplain line that surrounds all sides of this property. The reason for the request is we are looking to submit a Preliminary Plat for both pieces and after laying out the streets and lots there are numerous areas & lots that need to be rezoned to C-S to accomadate the subdision as shown on the attached attached Preliminary Plat. The total acreage being requested to be rezoned from R-A to C-S is 5.34 acres and from C-S to R-A is 0.48 acres. We thank you for your consideration of this proposal and please call with any questions, Thank you. Sincerely; Justin L. Jorgensen, P.E. Planning Commission January 24, 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 9 of 14 c N L # 133HS J ¢ O � N 3 II w � V O Ci J O QU a }N S LLi h C7 O� - Z _ - ~�uw w } ¢ j i di i-' rya`- Cr?OrmSNLL I wQw�N�w p OCx om- [t¢oC O_ J VJ CtnG1 I �Jj� Z\ PQ'6 'eila� m i o o / o 00 rn m Y C O m c r / . \ L 000 3v�3q Do 000000 \ ' W LLJ> ; 00000 o�y 0 000000 I� U 000000 I W z I g 00000 00000 V Ol 000 \. ' 00o 000 �\ IIL O Q 0000 o o ""o"' + U / ! 0 o00. & C � •�. rF 1T- 00 000000 000000 I I 0000000� I 000000 0000'� 000 II I N 0000- ��_£ OOOC L \ II I \ 0000.. _ 000I OOOOOo� 000000( w! OOOc 000 II OO o o ooc. )o 0oo -,_ OOOOOO G' J000 0000 II I 1�1 II \\ 000000 OOO0000 00000 .� ,p `\ II 0O0O0O0O000 00O0O 0 OO OOOO 00000000 00 Q, �0O00000000O OOOB Q'000 / 000 00000000 I \� I I I — \\ I I w wlZl J Iw J r �Iw ICI I zla U d � � w Z Z r o d ¢ g z � o � U Z U Vw x 0 0 Planni ig aN3931 nua Commission ry 24, 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 10 of 14 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 11 of 14 RZN-2021-000092 Riverwood Homes Close Up View & McBryde Family P-1 y i ii �O r P'JQev I RSF-4 A& NORTH Zoning Acres Regional Link CS 5.3 R-A 0.5 Neighborhood Link Trail (Proposed) Planning Area ;- - - Fayetteville City Limits Feet 0 112.5 225 450 675 1 inch = 300 feet Total 5.8 Planning W ssion 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 12 of 14 RZN-2021-000092 Riverwood Homes Current Land Use & McBryde Family A& NORTH � c _ �� „ - Ito IPERSIMMO ST _ Z: A Commercial f' ._ N. -t{ 11E11l1•. � ` - �,; a " } Zane AE Zone nN Owl Creek Elementary �23 School ob Zone AE Subject Zone RE Zone `,'. .. •r � 'Tj Single Family 3' Residential e A Zone AE ���0 �', - � ► ' +� Zone AE � ' JQQ Mules WIN �_ - E • } tf TSingle Family — Residential .y9 235.B F� �1:�-3,5 �$ • i 1 Regional Link Neighborhood Link Trail (Proposed) _; Planning Area ZZ - - -; Fayetteville City Limits Feet 0 112.5 225 450 675 1 inch = 300 feet MM FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Co mission law.a^ 4, 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 13 of 14 RZN-2021-000092 Riverwood Homes & McBryde Family A& NORTH Future Land Use r W L j W ~ M T-WEDGE-DR Q'v MARLOWE LN 0; J �fJ I /a yIZ Q LU J ALLEY-509— �X� I a PERSIMMON ST I I r I I Naturz Z J J Z LU J 0LD/ q, BLISSFUL -DR J� -and Private �L Opeh Space �O ANTHEM DR—rtrsidentaal Regional Link Neigh Z J WALES DR Y Q U Z DIVIDE DR w m- Neighborhood Link Planning Area �- - - Fayetteville City Limits Trail (Proposed) 1 Feet 0 145 290 580 870 1,160 1 inch = 400 feet I 1 1 1 10 City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood 111 Rural Residential Urban Center Di-;, r, ssion 2022 Agenda Item 15 RZN-21-000092 McBryde-Riverwood Homes Page 14 of 14 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0038 Agenda Date: 3/1/2022 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.3 AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION: AN ORDINANCE TO AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION OF THE UNIFIED DEVELOPMENT CODE TO ADDRESS INCORRECT REFERENCES, CLARIFY WHAT QUALIFIES AS EXISTING IMPERVIOUS AREA, AND REMOVE REDUNDANCIES AND AMBIGUITIES FROM THE FLOOD DAMAGE PREVENTION CODE WHEREAS, on June 15, 2021, the City Council passed Ordinance 6446 making revisions to the City's stormwater regulations; and WHEREAS, since passage of Ordinance 6446, staff identified some provisions that required clarification or the removal of redundant or ambiguous language; and WHEREAS, on January 10, 2022, these revisions were presented to the Planning Commission which voted unanimously to forward them to the City Council with a recommendation of approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)(7)(c) of § 156.03 Development, Parking and Loading and enacts a replacement subsection (C)(7)(c) as follows: "(c) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot'/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items listed in § 168.05(B)(4) have been fully considered. As the lot size increases beyond half acre, the technical justification required for issuing the variance increases." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)(7)(g) of § 156.03 Development, Parking and Loading and enacts a replacement subsection (C)(7)(g) as follows: "(g) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of § 168.05(B)(4) are City of Fayetteville, Arkansas Page 1 Printed on 212512022 File Number: 2022-0038 considered and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C)(7) of § 156.03 Development, Parking and Loading by enacting a new subsection (i) as follows: (i) Streamside Protection Zones. (i) Undue Hardship. If the provisions of the Streamside Protection Zones are shown by the owner or developer to cause undue hardship as strictly applied to the owner or developer's property because of its unique characteristics, the Planning Commission may grant a variance on a permanent or temporary basis from such provision so that substantial justice may be done and the public interest protected, provided that the variance will not have the effect of nullifying the intent and purpose of the Streamside Protection regulations. (ii) Consideration of Alternative Measures. The applicant for the variance shall establish that a reasonable rezoning by the City Council or variance request from the Board of Adjustment will not sufficiently alleviate the claimed undue hardship caused by the Streamside Protection regulations. (iii) Conditions and Safeguards. In granting any variance, the Planning Commission may prescribe appropriate conditions and safeguards to substantially secure the objectives and purpose for the regulations so varied and to mitigate any detrimental effects the variance may cause. The Planning Commission should consider the Streamside Protection Best Management Practices Manual and any mitigation recommendations from the City Engineer. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C)(10) of § 156.03 Development, Parking and Loading by repealing it in its entirety. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (E)(2) of § 166.02 Development Review Process by repealing it and enacting a new subsection (E)(2) and "Required Mitigation Measures and Documentation by Development Threshold" table as shown in Exhibit A attached hereto and made a part hereof. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C) of § 168.07 Permit Procedures. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 168.08 Variances by repealing it and enacting a new § 168.08 as follows: "Applicants may submit petitions for variances per the requirements of the variances chapter of the Unified Development Code." Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends § 168.09 Appeals by repealing it and enacting a new § 168.09 as follows: "168.09 Appeals from Staff Interpretations and Actions Applicants may appeal decisions of the Floodplain Administrator per the requirements of the appeals chapter of the Unified Development Code." City of Fayetteville, Arkansas Page 2 Printed on 212512022 File Number: 2022-0038 Section 9: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (T)(5) of § 168.10 Provisions for Flood Hazard Reduction and renumbering the following subsection accordingly. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (U)(1) of § 168.10 Provisions for Flood Hazard Reduction by repealing it and enacts a new subsection as follows: "The applicant has provided a detailed hydrologic and hydraulic study performed by a professional engineer licensed in the state of Arkansas which delineates the floodway, 1% annual chance (100-year) floodplain boundary, and base flood elevations and demonstrates through a hydrologic and hydraulic analysis, that the development will not increase flood flows (0.0 cubic feet per second), flood heights (0.00 feet) or flood channel velocities (0.0 feet per second) on the subject property or any property upstream or downstream, and" Section 11: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (U) of § 168.10 Provisions for Flood Hazard Reduction by enacting a new subsection (U)(4) as follows: "(4) Provided that this shall not apply for a single accessory structure per lot placed on existing grade (no proposed fill material), without a foundation and no larger than 150 square feet, including storage sheds, playground equipment, gazebos, etc ... that is not located within a regulatory floodway and constructed in compliance with the remainder of this code." City of Fayetteville, Arkansas Page 3 Printed on 212512022 City of Fayetteville Staff Review Form 2022-0038 Legistar File ID 2/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 1/15/2022 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of revisions to Chapter 156, 166 and 168 of the Unified Development Code to address incorrect references, clarify existing impervious area and remove an ambiguous clause from the flood damage prevention code. 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 FEBRUARY 15, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Jonathan Curth, Development Services Director FROM: Alan Pugh, Staff Engineer DATE: January 13, 2022 CITY COUNCIL MEMO SUBJECT: Approval of revisions to Chapter 156, 166 and 168 of the Unified Development Code to address incorrect references, clarify existing impervious area and remove an ambiguous clause from the flood damage prevention code. RECOMMENDATION: Staff recommends approval of revisions to Chapter 156, 166 and 168 of the Unified Development Code to address incorrect references, clarify existing impervious area and remove an ambiguous clause from the flood damage prevention code. BACKGROUND: The City Council approved many changes to the Unified Development Code in June of 2021. These revisions addressed many of the stormwater issues associated with the Residential Single Family and Duplex exemption from stormwater requirements as that had become a predominant infill development pattern over the last several years. DISCUSSION: Subsequent to the revisions in June, a few minor clarifications as well as incorrect references were discovered. These are listed in more detail below: Chapter 156.03: Revise the references to the Flood Damage Prevention code to the appropriate sections and move the Streamside Protection Zone procedures under the flood damage prevention section. Chapter 166.02: Clarify the date that existing impervious must be present to be counted as existing impervious in the stormwater calculations and what portions of a development must be treated by the Green Stormwater Practices. Chapter 168.07: Remove redundant references to the appeal process, reference the current variance and appeals sections of the code and remove a now ambiguous clause regarding areas outside the special flood hazard area. This clause was applicable to Zone Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A areas but is no longer applicable to those areas and appears overly broad and in conflict with other portions of code such as streamside protection. • Chapter 168.10: Allow for the installation of a small accessory structure without the need for additional flood analysis in keeping with the streamside protection provisions. These items were forwarded to City Council from the January 10, 2022 Planning Commission Meeting. The meeting information is attached for reference. BUDGET/STAFF IMPACT: None Attachments: Redlined code amendments Planning Commission Report CHAPTER 156: VARIANCES 156.03 (C)(7) Flood Damage Prevention Code (7) Flood Damage Prevention Code. The Planning Commission shall hear and decide requests for variances from the requirement of this ordinance. (a) In passing upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, and standards specified in other sections of this ordinance. (b) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places, without regard to the procedures identified in the remainder of this ordinance. Variances may only be issued for such repair, or rehabilitation if strict enforcement of the ordinance would preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure. (c) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot %2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (, ` thFe gh (! ` ^{listed in §168.035(BA)j4L-have been fully considered. As the lot size increases beyond half acre, the technical justification required for issuing the variance increases. (d) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (e) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (f) Floodplain variances shall only be issued if: (i) There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property, which do not apply generally to other property in the same flood zone; (i i) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and, (iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with the other provisions of the Code of Fayetteville. (g) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of §168.0-35(BA)(4) are satisfied considered and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (h) Upon consideration of the factors in this section, and the purpose of this ordinance, the Planning Commission may impose conditions to the granting of floodplain variances as it deems necessary to further the purpose of this ordinance. (i) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation surcharge and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the floodplain administrator in the office of the Washington Cou my Clerk and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (i) Streamside Protection Zones. (ia) Undue Hardship. If the provisions of the Streamside Protection Zones^ ee are shown by the owner or developer to cause undue hardship as strictly applied to the owner or developer's property because of its unique characteristics. the Planning Commission may rant a variance on a permanent or temporary basis from such provision so that substantial justice may be done and the public interest protected, provided that the variance will not have the effect of nullifying the intent and purpose of the Streamside Protection regulations. (bii) Consideration of Alternative Measures. The applicant for the variance shall establish that a reasonable rezoning by the City Council or variance request from the Board of Adjustment will not sufficiently alleviate the claimed undue hardship caused by the Streamside Protection regulations. (eiii) Conditions and Safeguards. In granting any variance. the Planning Commission may prescribe appropriate conditions and safeguards to substantially secure the objectives and purpose for the regulations so varied and to mitigate any detrimental effects the variance may cause. The Planning Commission should consider the Streamside Protection Best Management Practices Manual and any mitigation recommendations from the City Engineer. (8) Outdoor Lighting Plan. (a) Undue Hardship. So that substantial justice may be done and the public interest secured, a developer may petition the Planning Commission for a variance from the requirements of Chapter 176: Outdoor Lighting, by showing that their strict application would cause undue hardship as applied to the proposed development; provided that such variance shall not have the effect of nullifying the intent and purpose of the chapter. (b) Conditions. In granting variances, the Planning Commission may impose such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied. (9) Bicycle rack variance. The Planning Commission may modify the design standards or the requirement for a bicycle rack. (Ord. No. 4714, 6-21-05; Ord. No. 4930, 10-3-06; Ord. No. 5296, 12-15-09; Ord. No. 5372, 12-7-10; Ord. No. 5390, 3-1-11; Ord. No. 5680, 4-15-14; Ord. No. 5814, §§1, 2, 10-6-15) CHAPTER 166: DEVELOPMENT Sections: 166.02 Development Review Process (E) Building Permits. (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: (i) Obtain approval from the appropriate governing body. (ii) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. (iii) Complete applicable conditions of approval. (2) In addition to §166.02(E), before a building permit is issued for site that creates between 1,201 and 10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place pfkw4eon the e4eetive date of this erdina eeMarch 3, 2021 which corresponds with the City of Fayetteville 2021 imagery. Required Mitigation Measures and Documentation by Development Threshold Development Threshold City-wide Standard Grading and Drainage/ Stormwater Documentation Water Quality, Flood, and Tree Mitigation Measures Level 1 < or = Exempt from Grading and Drainage Exempt 1,200 sf provisions except for those still of IA associated with the Building Permit process such as HHOD Level 2 1,201— • Completed Green Stormwater 2 or more measures from Step 1 6,000 sf Practice (GSP) Worksheet, of Table 2 that Reduce Runoff via of IA demonstrating Runoff Reduction Better Site Design via Better Site Design. • 1 or more Green Stormwater • GSP Operation & Maintenance Practices (GSPs) measures from (0 & M) Agreement to ensure the Step 2 of Table 2 as required to long-term functionality of these treat 100% of the wed practices. POFt+ee proposed additional impervious and gravel areas of the & Level 3 6,001— Same as Level 2. • Same as Level 2. 10,000 sf • As needed GSP measures from of IA Step 3 to further reduce runoff, referred to as extended detention • Abbreviated Tree Preservation Plan CHAPTER 168: FLOOD DAMAGE PREVENTION CODE 168.07 Permit Procedures (A) Application for a floodplain development permit shall be presented to the Floodplain Administrator electronically and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. (B) The documentation required with each application for a floodplain development permit, and the specific provisions of this Code applicable to the proposed development, are dependent upon the type of development proposed and the risk zone of the proposed development site. Section 168.10(A) contains standards for all developments in all risk zones. Section 168.11 contains standards for specific development types in specific risk zones. (C) The decision of the Floodplain Administrator to approve or deny issuance of a floodplain development perrnit is subject to appeal to the designated Appeal Board. Within Fayetteville, Arkansas the designat Appeal Board is the City Couned-. (Ord. No. 5141, 5-6-08; Ord. No. 6446, §10(Exh. E), 6-15-21) (Supp. No. 22) Created: 2021-08-26 11:28:51 [EST] Page 4 of 7 168.08 Variances Applicants may submit petitions for variances per the requirements of § 56, 0 6).the variances chapter of the Unified Development Code (Ord. No. 5141, 5-6-08) 168.09 Appeals from Staff Interpretations and Actions Applicants may appeal decisions of the Floodplain Administrator per the requirements of §' 55.^��Tthe appeals chapter of the Unified Development Code. (Ord. No. 5141, 5-6-08) 168.10 Provisions for Flood Hazard Reduction M Standards for Subdivisions: Applications for preliminary, final, and/or concurrent plat approval shall: (1) Identify the special flood hazards areas, including delineation of floodways and the elevation of the base flood. (2) All final plats shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be verified by a registered professional engineer, or surveyor, and provided to the Floodplain Administrator. Flaad Hnzartl Area Do This (3) To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing man- made drainage ways within subdivisions to avoid the creation of lots that can be built upon in only by altering such drainage ways. (See illustration: Figure 3.) Any lot platted so that a portion of the lot lies in a special flood hazard area shall contain a minimum of 6,000 square feet of buildable area, including setbacks, outside the special flood hazard area, or if it contains less than 6,000 square feet of buildable area, it shall be platted to contain a minimum of 1 acre. Any lot platted so that the entire lot lies in a special flood hazard area shall contain a minimum of 1 acre. (See illustration: Figure 4.) (Supp. No. 22) Created: 2021-08-26 11:28:51 [EST] Page 5 of 7 (4) For subdivisions partially located in special flood hazard areas, minimum lot area requirements may be waived by the director to allow the platting of lots to be clustered outside the special flood hazard area, the density permitted for the zoning district to be averaged over the entire parcel, provided a permanent conservation easement is granted to the city, a land trust, or the property owners association to ensure that the area of special flood hazard will remain undeveloped. in any aFea that is located outside a special flood hazaFd aFea, but wheFe a stream is located, nG building or fill maybe located within a dista nee of the stream bank equal to two and one half (21%) the width of the StFeaFn measUFed fFOM tOP of bank to top of bank, OF 25 feet on each side, whicheveF gFeater. (6651} In all areas designated as a Zone A on the FIRM where a detailed study has not been completed to specify the floodway and base flood elevations, no development shall be located within the Zone A area. (a) Provided, the applicant may choose, if not required by other provisions of this chapter, to provide a detailed hydrologic and hydraulic study which delineates the floodway, one hundred (100) year floodplain boundary, and base flood elevations. At such time as a study is approved by FEMA, the applicant shall meet all requirements for areas designated with floodway, one hundred (100) year floodplain, and base flood elevations. (b) If, for some reason, the property owner believes the FIRM to be inaccurate, a letter of map amendment may be submitted to FEMA by the applicant. If the boundaries of the floodplain are approved and amended by FEMA, setbacks will be enforced pursuant to the amendment. (U) Any new construction, addition or other development --may be approved in a special flood hazard area only if: (1) The applicant has provided a detailed hydrologic and hydraulic study performed by a professional engineer licensed in the state of Arkansas which delineates the floodway, 1% annual chance (100- year) floodplain boundary, and base flood elevations and demonstrates through a hydrologic and hydraulic analysis, that the development will not increase flood flows (0.0 cubic feet per second), flood heights (0.00 feet) or flood channel velocities (0.0 feet per second) on the subject property or any property upstream or downstream, and (2) The proposed development does not increase flood damage to off -site properties during the occurrence of the regulatory flood (1% annual chance/100-year) or any flood of more frequent occurrence, and (Supp. No. 22) Created: 2021-08-26 11:28:51 [EST] Page 6 of 7 (3) The proposed development provides compensatory storage for any measurable loss of flood storage capacity. {4)(4) Provided that this shall not apply for a single accessory structure per lot placed on existing grade (no proposed fill material), without a foundation and no larger than 150 square feet, including storage sheds, playground equipment, gazebos, etc ... that is not located within a regulatory floodway and constructed in compliance with the remainder of this code. (V) Any structure, including but not limited to new structures, additions and substantial improvement, constructed on property fully or partially within the special flood hazard area (SFHA) shall meet the elevation or floodproofing requirements within §168.11 as applicable, even if the structure itself is located outside the SFHA. (Supp. No. 22) Created: 2021-08-26 11:28:51 [EST] Page 7 of 7 CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission FROM: City Engineering Division MEETING DATE: January 10, 2022 Updated with PC hearing results from 1/10/2022 SUBJECT: ADM-2021-000076 Administrative Item (Amend UDC 156, 166, 168: Development Standards): Submitted by the City of Fayetteville Engineering Division for revisions to Chapter 156, 166 and 168 of the Unified Development Code to address incorrect references, clarify existing impervious area and remove an ambiguous clause from the flood damage prevention code. RECOMMENDATION: The City of Fayetteville Engineering Divsion recommends forwarding the proposed code change to the City Council with a recommendation for approval. RECOMMENDED MOTION: "1 move to forward ADM-2021-000076 to the City Council with a recommendation for approval." BACKGROUND: The City Council approved many changes to the Unified Development Code in June of 2021. These revisions addressed many of the stormwater issues associated with the Residential Single Family and Duplex exemption from stormwater requirements as that had become a predominant infill development pattern over the last several years. DISCUSSION: Subsequent to the revisions in June, a few minor clarifications as well as incorrect references were discovered. These are listed in more detail below: Chapter 156.03: Revise the references to the Flood Damage Prevention code to the appropriate sections and move the Streamside Protection Zone procedures under the flood damage prevention section. Chapter 166.02: Clarify the date that existing impervious must be present to be counted as existing impervious in the stormwater calculation and what areas must be directed to the new green stormwater practices. Chapter 168.07: Remove redundant references to the appeal process, reference the current variance and appeals sections of the code and remove a now ambiguous clause regarding areas outside the special flood hazard area. This clause was applicable to Zone A areas but is no longer applicable to those areas and appears overly broad and in conflict with other portions of code such as streamside protection. This also includes the Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevOF--�T.'W' 2022 Fayetteville, AR 72701 Age da Item 9 ADM 21-000076 Amend UDC 156, 166, 168 Page 1 of 9 exemption of small sheds from the flood study requirement and clarification that the concern is with channel velocities rather than channel and overbank velocities. BUDGET/STAFF IMPACT: None Planning Commission Action: O Approved A Forwarded O Denied With a Meeting Date: January 10, 2022 recommendation of Motion: Sparkman approval Second: Belden Vote: 8-0-0 BUDGET/STAFF IMPACT: N/A Attachments: Redlined code amendments Planning Commission January 10, 2022 Agenda Item 9 ADM 21-000076 Amend UDC 156, 166, 168 Page 2 of 9 EXHIBIT A (2) In addition to § 166.02(E), before a building permit is issued for site that creates between 1,201 and 10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate grading and drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery. Required Mitigation Measures and Documentation by Development Threshold Development City-wide Grading and Drainage/ Water Quality, Flood, and Threshold Standard Stormwater Documentation Tree Mitigation Measures Level 1 < or = 1,200 sf of Exempt from Grading and Exempt IA Drainage provisions except for those still associated with the Building Permit process such as HHOD Level 2 1,201 6,000 sf • Completed Green 2 or more measures of IA Stormwater Practice (GSP) from Step 1 of Table 2 Worksheet, demonstrating that Reduce Runoff via Runoff Reduction via Better Better Site Design Site Design. I or more Green • GSP Operation & Stormwater Practices Maintenance (O & M) (GSPs) measures from Agreement to ensure the Step 2 of Table 2 as long-term functionality of required to treat 100% of these practices. the proposed additional impervious and gravel areas. Level 3 6,001 10,000 sf Same as Level 2. • Same as Level 2. of IA • As needed GSP measures from Step 3 to further reduce runoff referred to as extended detention • Abbreviated Tree Preservation Plan City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0133 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.1 VAC-2022-002: (430 W. DICKSON ST./TIN ROOF BAR): AN ORDINANCE TO APPROVE VAC 22-0002 FOR PROPERTY LOCATED AT 430 WEST DICKSON STREET TO VACATE A PORTION OF A WATER/SEWER 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 a water/sewer 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 a water/sewer easement as described in Exhibit B attached to the Planning Department's agenda 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 following conditions: 1. The existing 2 1/4-inch water line shall be relocated outside of the development footprint in a dedicated water easement; and 2. Any damage to or relocation of existing facilities will be at the applicant's expense. City of Fayetteville, Arkansas Page 1 Printed on 212512022 City of Fayetteville Staff Review Form 2022-0133 Legistar File ID 3/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 2/11/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-000002: Vacation (430 W. DICKSON ST./TIN ROOF BAR, 484): Submitted by MODUS STUDIO for property located at 430 W. DICKSON ST. The property is zoned MS-C, MAIN STREET -CENTER and contains approximately 0.2S acres. The request is to vacate an approximately 0.03 acre portion of a water/sewer easement. 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 MARCH 1, 2022 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: February 11, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-000002: Vacation (430 W. DICKSON ST./TIN ROOF BAR, 484): Submitted by MODUS STUDIO for property located at 430 W. DICKSON ST. The property is zoned MS-C, MAIN STREET -CENTER and contains approximately 0.25 acres. The request is to vacate an approximately 0.03 acre portion of a water/sewer easement. RECOMMENDATION: Staff recommends approval of VAC-2022-000002 as shown in the attached Exhibits 'A' and 'B', and with the following condition of approval: 1. Existing 2 1/4-inch water line shall be relocated outside of the development footprint in a dedicated water easement; 2. Any damage or relocation of existing facilities will be at the applicant's expense. BACKGROUND: The subject property is located in downtown Fayetteville, at the northeast corner of N. West Avenue and W. Dickson Street. The property contains approximately 0.25 acres, and is the former site of Hog Haus Brewing Co. The property is developed with a roughly 11,172 square foot two- story building which was built in 1910. The structure recently underwent a renovation that includes significant interior and exterior modification. Request: The applicant proposes to vacate and relocate a portion of an existing water/sewer easement as indicated in the attached exhibits and totaling approximately 0.03 acres. A 2 1/4-inch private water connection is located outside of the easement and bisects the property. DISCUSSION: The applicant submitted the required approvals from the public and private utility and service providers with no objections. Additionally, rededication of the water/sewer easement and reconfiguration of the line will maintain contiguity with existing easements and mains to the north and south. With submittal of the required vacation forms and utility consent, staff recommends approval. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate • Survey VAC-2022-000002 Close Up View .4 k— l ;�_I Urban Center Planning Area Fayetteville City Limits t - -- - - -• Shared -Use Paved Trail Design Overlay District 430 W DICKSON S T I VAC-2022-000c EXHIBIT 'A' N LAFAYEI J= o 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� 1 1 1 1 1 1 W / > 1 1 1 N 1 3 l 1 II ST Subject Property ICKSOWST Feet 0 75 150 300 450 600 1 inch = 200 feet W a J J W - I NORTH RMF-40 Main Street Center Downtown General Neighborhood Conservation ates & Associates, I nc. Civil Engineering • Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 www.batesnwa.com January 7, 2022 RE: Legal Description of portion of a 15' Water / Sewer utility easement (per Right -of -Way grant 1292-156) to be vacated LEGAL DESCRIPTION OF AREA OF PROPOSED UTILITY EASEMENT VACATION: A PORTION OF AN EXISTING 15' WIDE WATER AND SEWER UTILITY EASEMENT BEING PARALLEL AND CONTIGUOUS TO THE NORTH LINE OF LOT 6, BLOCK 6 OF COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, BEING LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, SAID PORTION OF THE EXISTING UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A POINT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N02050'59"E 12.00', THENCE S87001'23"E 400.8F TO A POINT ON THE WEST LINE OF SAID LOT 6, THENCE ALONG SAID WEST LINE N0205 F01 "E 109.32' TO THE TRUE POINT OF BEGINNING OF SAID 15' EASEMENT AND RUNNING THENCE ALONG SAID WEST LINE OF LOT 6 N0205l'OI "E 15.00' TO THE NORTHWEST CORNER OF SAID LOT 6, THENCE LEAVING SAID WEST LINE ALONG THE NORTH LINE OF SAID LOT 6 S87008'59"E 73.75', THENCE LEAVING SAID NORTH LINE S02.51'01 "W 15.00' TO A POINT ON THE SOUTH LINE OF SAID EXISTING 15' WIDE UTILITY EASEMENT, THENCE ALONG SAID SOUTH LINE N87°08'59"W 73.75' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. modusstdo a r c h i t e c t u r e + p r o t o t y p i n g 2022.01.24 To: The Fayetteville City Council www.modusstudio.com contact ®modusstudio.com 15 n. church ave. #102 Fayetteville, ar 72701 4 7 9 4 5 5 5 5 7 7 On behalf of the 430 W Dickson Street property owners, we are requesting to vacate the existing water/sewer easement located north of the current building. This easement does not contain active utilities and is located in the middle of the lot dividing the space very inefficiently. The current/new restaurant tenant, Tin Roof, hopes to install walk-in coolers behind the kitchen and active this concrete pad with an outdoor bar and temporary stage. This space has recently been approved for a Conditional Use Permit for outdoor music and with this easement vacation we are one step closer to welcoming an exciting new business to the City that is perfectly in line with the downtown Entertainment District. We are happy to answer questions and provide any additional information that you may need. Sincerely, Matt Poe, AIA Associate 430 W DICKSON EASEMENT PETITION PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN LOT 6, BLOCK 6 OF COUNTY COURT ADDITION, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in LOT 6, BLOCK 6 OF COUNTY COURT ADDITION, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: LEGAL DESCRIPTION OF AREA OF PROPOSED UTILITY EASEMENT VACATION: A PORTION OF AN EXISTING 15' WIDE WATER AND SEWER UTILITY EASEMENT BEING PARALLEL AND CONTIGUOUS TO THE NORTH LINE OF LOT 6, BLOCK 6 OF COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, BEING LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, SAID PORTION OF THE EXISTING UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A POINT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°50'59"E 12.00', THENCE S87'01'23"E 400.81' TO A POINT ON THE WEST LINE OF SAID LOT 6, THENCE ALONG SAID WEST LINE NO2°51'01 "E 109.32' TO THE TRUE POINT OF BEGINNING OF SAID 15' EASEMENT AND RUNNING THENCE ALONG SAID WEST LINE OF LOT 6 NO2°51'0I "E 15.00' TO THE NORTHWEST CORNER OF SAID LOT 6, THENCE LEAVING SAID WEST LINE ALONG THE NORTH LINE OF SAID LOT 6 S87°08'59"E 73.75', THENCE LEAVING SAID NORTH LINE S02°51'01 "W 15.00' TO A POINT ON THE SOUTH LINE OF SAID EXISTING 15' WIDE UTILITY EASEMENT, THENCE ALONG SAID SOUTH LINE N87°08'59"W 73.75' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. There will not be any abutting real estate affected by said abandonment considering the easement on private property is not currently occupied therefore the public interest and welfare would not be adversely affected by the easement vacation of the portion of the above described easement. The petitioners 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 real estate 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 that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the utility easements of the public for the use of said abandoned utilities. Dated this _24_ day of January , 2022 Printed Name Signature N �o�T_ ❑V1 LAST SITE VISIT: JANUARY 6, 2022 BASIS OF BEARING: GPS OBSERVATION- AR NORTH ZONE REFERENCE DOCUMENTS: I) PLAT OF SURVEY FILED IN BOOK 20M AT PAGE 43780 2) PLAT OF SURVEY FILED IN BOOK 20N AT PAGE 35383 3) WARRANTY DEED FILED IN BOOK 2018 AT PAGE 32474 4) COUNTY COURT PLAT FILED IN BOOK AT PAGE 5) PLAT OF SURVEY FILED IN DRAWER 3 AT PAGE 409 6) PLAT OF SURVEY FILED IN BOOK 2013 AT PAGE 36272 ]) RIGHT-OF-WAY GRANT FILED M BOOK 1292 AT PAGE 144 A) RIGHT-OF-WAY GRANT FILED IN BOOK 1292 AT PAGE 148 9) RIGHT-OF-WAY GRANT FILED IN BOOK 1292 AT PAGE 156 400.811OLT.S.. �I POC� — u SW CORNER —1/4, "1/4 SECTION 16 T-16-N,R-30-W PER SURVEY C- ID-9 5 EXHIBIT OF A PROPOSED VACATION OF A PART OF AN EXISTING 15' WATER / SEWER EASEMENT I � I ai li I ❑ I APUBLIC PDARKINGISAREA, I � I 1I3 u, 13� I I I s _ 10' UP (1292-148) EXfBT. 10' HE, — — — — — (1292-olH — CONCRETE LOT 5 M/—, S 8]°08'S9"E ]3.)5' O® 69 0 O R A OF U E VACATIOn T 1106.2E 5A E) 003AC B (HA1TCHE_AR _) / VACATION - N8]°08'S9"W ]3.]5' PROPOFA 15' .VACATIONO U.E.PARTOFA IS' W2, PAGE 156) U. (HOOK 1292, PAGE 156) CONCRETE 'NN ® 2 3 PARCEL #765-04364-000 THREE HOUSE VENTURES LLC W.D. BOOK 2018, PAGE 32474 SURVEY PLAT DR3, PAGE 409 y 0.25 ACRES +/— EXISTING BUILDING 430 W. DICKSON ST. BALCONY 8"SEWER —CoC WALL I LOTS LOT 6 1 S 85°42'20" E �44.51' S 87°29'25" E 55.85' g_ r r--CAP p1005�-------- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I j I I I I I I I I I I I I PU0 BUILDING i I I I I SURVEY 21%31383 I I I I I (NOT A PART OF THIS SURVEY) I I I I I I I I I I I I I al Ia I I I I I I la I I I I gl IN I I I I I I I I I I I I I I I I �I zl I IN I I I I I I I !F'165-04365-000 I I I I I PARCP.L I I PAR i q]65-04366-000 I i x2ss a3���o ipiss�oai euool I I I I I I I —5-04369-000 #]65-043]04100 i I I I I #765-043 2I-000 i q]65-043]I`0W I I I EXISTING I I I I I I I I I I I I I I I I I I I BUILDING I I I I EXISTING BUILDING I EXISTING corvcasre L15.0 N8]' —12"11TER W. DICKSON RTREET NRBAN CENTER) _ 39'MM., 63'MAXR/W+PER M.S.P. -C' s-5—s—s-8"SEWER LBYE TABLE LINE BEARING DISTANCE LI NO2°50'59"E 12.00' I I I ---L--I--- I 2.191I I 26 5I 25.95' ]6.13' N8]°0123" W— — — — — — — — — 101.32'(N.T.S.) (N.i.S_) N 8]°Ol'23" W N 8]°01'23" W — — — N&]°Ol'23'W 1]].45'(N.T.SJ 0' 20' 40' 60' GRAPHIC SCALE(IN FEET) 1 I..h-20R. NOTE: THE LOCATION OF UTILITIES SHOWN HEREON ARE FROM OBSERVED EVIDENCE OF ABOVE GROUND APPURTENANCES. ALL UTILITY LINES APPEARING ON THIS PLAT, AS WELL AS THOSE THAT MAY EXIST UNDERGROUND NEED TO BE VERIFIED PRIOR TO DOING ANY TYPE OF EXCAVATION OR DESIGN. SOME UTILITY LINES MAY ALSO EXIST THAT WERE NOT SHOWN ON THIS PLAT. O j = LEGAL DESCRIPTION OF AREA OF PROPOSED UTILITY EASEMENT VACATION: SURVEY DESCRIPTION (PARCEL #]65-04364-000): A PORTION OF AN EXISTING 15' WIDE WATER AND SEWER UTILITY EASEMENT BEING PARALLEL AND CONTIGUOUS TO THE NORTH A PART LOTS 5 AND 6, BLOCK 6, OF COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, ALSO BEING A PART OF THE LINE OF LOT 6, BLOCK 6 OF COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, BEING LOCATED IN A PART OF THE NORTHWESTQUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WM BEGINNING AT AN EXISTING CHISELED X ARKANEAS,SAIDPORTIONOF THEEXISTING—T-YEASEMENT BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS, TO -WIT MG NCRETEON THE EASTRIGHT-OF-WAY OF NORTH WEST STREET WHICH IS NO2°50'59"E 1200'AND S8701'23"E400.81'FROM COMMENCING AT A POINT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°50159"E 1200', THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY NO2°51'01"E 150.00' THENCE S87°01'23"E 400.81' TO A POINT ON THE WEST LINE OF SAID LOT 6, THENCE ALONG SAID WEST LIKE NO2°5101"E W9.32' TO THE TO AN EXISTING CHISELED X IN CONCRETE, THENCE LEAVING SAID RIGHT-OF-WAY S8]°0]'2YE ]3.]5, TO AN EXISTING REBAR, TRUE POINT OF BEGINNING OF SAID 15' EASEMENT AND RUNNING THENCE ALONG SAID WEST LIKE OF LOT 6 NO2°5 LIUI IIBI' TO THE THENCE SM-51'01"W 150.00' TO AN EXISTING CHISELED X IN CONCRETE ON NORTH RIGHT-OF-WAY OF WEST DICKSON STREET, NORTHWEST CORNER OF SAID LOT 6, THENCE LEAVING SAID WEST LINE ALONG THE NORTH LINE OF SAID LOT 6 S87°08'59"E ]3.]5', THENCE ALONG SAID RIGHT-OF-WAY N8]°01'23"W'13 ]5' TO THE POINT OF BEGINNING, CONTAINING 0.25 ACRES, MORE OR LESS, THENCE LEAVING SAID NORTH LINE S02°51'0VW ISMTO A POINT ON THE SOUTH LINE OF SAID EXISTING Is WIDE UTILITY EASEMENT, SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. THENCE ALONG SAID SOUTH LINE N87°08'59"W 73 ]5' TO THE POINT OF BEGINNING, CONTAINING 0,03 ACRES, MORE OR LESS. VICINITY MAP azc me 9+veu IJSITE I 7— — II I --- _ _ w DkFso w Di �w./ H City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0138 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.2 VAC-2022-003: (100 N. SKYLINE DR./GREMILLION-HICKS): AN ORDINANCE TO APPROVE VAC 22-0003 FOR PROPERTY LOCATED AT 100 NORTH SKYLINE DRIVE TO VACATE A PORTION OF A WATER/SEWER 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 a water/sewer 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 a water/sewer easement as described in Exhibit B attached to the Planning Department's agenda 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 212512022 City of Fayetteville Staff Review Form 2022-0138 Legistar File ID 3/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 2/11/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-000003: Vacation (100 N. SKYLINE DR./GREMILLION-HICKS, 486): Submitted by BRITT GREMILLION for property located at 100 N. SKYLINE DR. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.29 acres. The request is to vacate approximately 0.02 acres of a water and sewer easement. 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 1. ARKANSAS MEETING OF MARCH 1, 2022 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: February 11, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-000003: Vacation (100 N. SKYLINE DR./GREMILLION-HICKS, 486): Submitted by BRITT GREMILLION for property located at 100 N. SKYLINE DR. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.29 acres. The request is to vacate approximately 0.02 acres of a water and sewer easement. RECOMMENDATION: Staff recommends approval of VAC-2022-000003 as shown in the attached Exhibits `A' and 'B', and with the following condition of approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense. BACKGROUND: The subject property is located north of the Mount Sequoyah Center on Skyline Drive. The site contains one parcel with approximately 0.29 acres. The property is currently developed with one single-family dwelling which Washington County records indicate was built in 1939. Request: The applicant proposes to vacate a portion of an existing water and sewer easement totaling approximately 860 square feet (0.02 acres), as indicated in the attached exhibits. No public sewer or water mains are currently located inside of the easement. The applicant intends to add an addition to the existing house in the area where the easement is located. DISCUSSION: The applicant submitted the required approvals from the public utility provider with no objections. With submittal of the required vacation forms and utility consent, staff recommends approval. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate • Survey Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 VAC-2022-000003 EXHIBITS' The following easement descriptions have been prepared by Timothy West of ATLAS PROFESSIONAL LAND SURVEYING. EASEMENT TO BE VACATED #1: A PART OF LOT 1 OF BLOCK 3 OF GOFF ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A SET #4 REBAR MARKING THE NW CORNER OF SAID LOT 1 AND RUNNING THENCE ALONG THE NORTH LINE OF SAID LOT 1 S83°33'23"E 10.00 FEET, THENCE LEAVING SAID NORTH LINE S05°09'18"W 51.75 FEET TO THE SOUTH LINE OF SAID LOT 1, THENCE ALONG SAID SOUTH LINE N84°40'25"W 10.00 FEET TO THE SW CORNER OF SAID LOT 1, THENCE ALONG THE WEST LINE OF SAID LOT 1 N05°09'18"E 51.95 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION BEING A PORTION THE SAME AS DESCRIBED IN RIGHT-OF-WAY GRANT FILED IN BOOK 523 AT PAGE 304. EASEMENT TO BE VACATED #2: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SW CORNER OF LOT 1 OF BLOCK 3 OF GOFF ADDITION TO THE CITY OF FAYETTEVILLE AND RUNNING THENCE ALONG THE NORTH LINE OF SAID SW% NE% S84°40'25"E 10.01 FEET, THENCE LEAVING SAID NORTH LINE S02°19'35"W 37.40 FEETTO THE NORTHERLY RIGHT-OF-WAY OF N SKYLINE DRIVE, THENCE ALONG SAID RIGHT-OF-WAY N57°49'33"W 11.53 FEET, THENCE LEAVING SAID RIGHT-OF-WAY NO2°19'35"E 32.19 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION BEING THE SAME AS DESCRIBED IN RIGHT-OF-WAY GRANT FILED IN BOOK 523 AT PAGE 294. January 12, 2022 City Council City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 To the Council: We are submitting a "Petition To Vacate" a sewer and water easement on the property at 100 N. Skyline Drive, on Mt Sequoia, in the City of Fayetteville. The easement is an empty 10 ft wide strip, contained entirely within the property. The easement runs approximately north -south, and contains large front yard trees and a driveway adjacent to the small single family residence [1000 sgft footprint] on the site. The lot is a small quarter acre lot, and this area is the essential buildable area needed for an addition that we have architecturally designed to fit with the character of the existing home and Mt Sequoia area. A site survey with the easement is attached along with the legal description. The easement is currently surveyed and staked on the property for viewing as needed. We would be available to meet at the site. Please contact us with any questions you may have. Respectfully Submitted, Andrew Hicks + Britt Gremillion Home owners / Architects 479-644-9799 PETITION TO VACATE PETITION TO VACATE A general utility/water & sewer EASEMENTS LOCATED IN LOT 1, BLOCK 3, GOFF SUBDIVISION and A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, CITY OF FAYETTEVILLE, ARKANSAS. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in LOT 1, BLOCK 3, GOFF SUBDIVISION and A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, petition to vacate an easement which is described as follows: EASEMENT TO BE VACATED #1: A PART OF LOT 1 OF BLOCK 3 OF GOFF ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A SET #4 REBAR MARKING THE NW CORNER OF SAID LOT 1 AND RUNNING THENCE ALONG THE NORTH LINE OF SAID LOT 1 S83"33'23"E 10.00 FEET, THENCE LEAVING SAID NORTH LINE S05°09'18"W 51.75 FEET TO THE SOUTH LINE OF SAID LOT 1, THENCE ALONG SAID SOUTH LINE N84°40'25"W 10.00 FEET TO THE SW CORNER OF SAID LOT 1, THENCE ALONG THE WEST LINE OF SAID LOT 1 N05009'18"E 51.95 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION BEING A PORTION THE SAME AS DESCRIBED IN RIGHT-OF-WAY GRANT FILED IN BOOK 523 AT PAGE 304. EASEMENT TO BE VACATED #2: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SW CORNER OF LOT 1 OF BLOCK 3 OF GOFF ADDITION TO THE CITY OF FAYETTEVILLE AND RUNNING THENCE ALONG THE NORTH LINE OF SAID SW'/. NE'/< S84°40'25"E 10.01 FEET, THENCE LEAVING SAID NORTH LINE S02"19'35"W 37.40 FEET TO THE NORTHERLY RIGHT-OF-WAY OF N SKYLINE DRIVE, THENCE ALONG SAID RIGHT-OF-WAY N57"49'33"W 11.53 FEET, THENCE LEAVING SAID RIGHT-OF-WAY NO2`19'35"E 32.19 FEET TO THE POINT OF BEGINNING. Page 1 of 2 THE ABOVE DESCRIPTION BEING THE SAME AS DESCRIBED IN RIGHT-OF-WAY GRANT FILED IN BOOK 523 AT PAGE 294. That the abutting real estate affected by said abandonment of the alley are (lot, block, subdivision of each adjoining lot to the area requested to be vacated) 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 real estate 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 that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this 10"_ day of December , 2021. Andrew Hicks Printed Name Britt Gremilhion Page 2 of 2 SURVEYOR S NOTES LAST SITE VISIT: JULV 24. 2020 BASIS OF BEARING: ASSUMED BASIS OF ELEVATION: ASSUMED AT 100 FOOT REFERENCE DOCUMENTS: H PLAT OF SURVEY FILED IN BOOK 20M AT PAGE 23876 2) BENEFICIARY DEED FILED IN BOOK 2020 AT PAGE 19583 3) RIGHT-OF-WAY GRANT FILED IN BOOK 523 AT PAGE 294 4) RIGHT-OF-WAY GRANT FILED IN BOOK 523 AT PAGE 304 ZONING: RSF4 BUILDING SETBACKS: (PER CURRENT ZONING) FRONT 15 FT SIDE 05 FT REAR 15 FT FLOOD INFORMATION: BY GRAPHICAL PLOTTING ONLY, NO PORTION OF THIS PROPERTY IS LOCATED WITHIN ZONE "A" OR'AE' OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY, NATIONAL FLOOD INSURANCE PROGRAM (NFIP). PER THE FLOOD INSURANCE RATE MAP (FIRM) #05143CO210F DATED APRIL 02, 2008. NW CORNER LOT 272 WESTERN METHODIST - WESTERN METHODIST ASSEMBLY SW CORNER LOT 272 WESTERN METHODIST PARCEL #765-12039-000 S 765-05737-001 SURVEY DESCRIPTION: LOT 172, WESTERN METHODIST ASSEMBLY PLAT, AND A PART OF OF LOT 1 OF BLOCK 3OF GOFF ADDITION TO THE CITY OF FAYETTEVILLE, AND A PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A CHISELED'X' IN CONCRETE MARKING THE SW CORNER OF SAID LOT 172 OF WESTERN METHODIST ASSEMBLY PLAT AND RUNNING THENCE N20°06'0— 97.65 FEET TO AN EXISTING #4 REBAR MARKING THE NW CORNER OF SAID LOT 172, THENCE ALONG THE NORTH LINE ALIGNMENT OF SAID LOT 172 S76°OB'02-E 61.02 FEET TO A SET#4 REBAR, THENCE $06°0'46^W 29.36 FEET TO A SET #4 REBAR MARKING THE NW CORNER OF LOT 1 OF BLOCK 3 OF GOFF ADDITION TO THE CITY OF FAYETTEVILLE, THENCE ALONG THE NORTH LINE OF SAID LOT 1 BLOCK 3 S83-3323-E 100.43 FEET TO A SET REBAR MARKING THE NE CORNER OF SAID LOT 1 BLOCK 3 THENCE ALONG THE EAST LINE OF SAID LOT 1 BLOCK 3 S05'09M'W 13.83 FEET TO A SET A REBAR, THENCE LEAVING SAID EAST LINE N83-33'23"W 70.19 FEET TO A SET #4 REBAR, THENCE S08°57'3VE 100.45 FEET TO THE NORTHERLY RIGHT-OF-WAY OF N SKYLINE DRIVE, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N54°19'57 W 10.69 FEET TO A SET #4 REBAR, N67-49-33-W 59.02 FEET TO A SET 114 REBAR, N70-16-51-W 26.62 FEET TO A SET A REBAR, N66°34'23'W 54.99 FEET TO THE POINT OF BEGINNING. CONTAINING 0.29 ACRES, MORE OR LESS. SUBJECT TO ALL RECORD AND NON RECORDED EASEMENTS, RESTRICTIONS. RESERVATIONS. COVENANTS. MINERAL RIGHTS AND RIGHTSAF-WAY. IF ANY. THE ABOVE DESCRIPTION BEING THE SAME LAND AS DESCRIBED IN BENEFICIARY DEED FILED IN BOOK 2020 AT PAGE 19583 EASEMENT TO BE VACATED#1: A PART OF LOT 1 OF BLOCK 3 OF GOFF ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A SET" REBAR MARKING THE NW CORNER OF SAID LOT 1 AND RUNNING THENCE ALONG THE NORTH LINE OF SAID LOT 1 $83-33'23"E 10.00 FEET, THENCE LEAVING SAID NORTH LINE SOY09'18'W 51.75 FEET TO THE SOUTH LINE OF SAID LOT 1, THENCE ALONG SAID SOUTH LINE N84.4026W 10.00 FEETTO THE SW CORNER OF SAID LOT 1, THENCE ALONG THE WEST LINE OF SAID LOT 1 NOS°09'18"E 51.95 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION BEING A PORTION THE SAME AS DESCRIBED IN RIGHT-OF-WAY GRANT FILED IN BOOK 523 AT PAGE 304. EASEMENT TO BE VACATED#2: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBEDAS FOLLOWS, TO -WIT: BEGINNING AT THE SW CORNER OF LOT 1 OF BLOCK 3 OF GOFF ADDITION TO THE CITY OF FAYETTEVILLE AND RUNNING THENCE ALONG THE NORTH LINE OF SAID SAM.. NE'/. S84°40'25-E 10.01 FEET, THENCE LEAVING SAID NORTH LINE S02-19.35-W 37 40 FEET TO THE NORTHERLY RIGHT-OF-WAY OF N SKYLINE DRIVE, THENCE ALONG SAID RIGHT-OF-WAY 1457°49'33'W 11.53 FEET, THENCE LEAVING SAID RIGHT-OF-WAY NO2°19'35'E 32.19 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION BEING THE SAME AS DESCRIBED IN RIGHT-OF-WAV GRANT FILED IN BOOK 523 AT PAGE 294 NE CORNER LINE BEARING DISTANCE LOT -A L1 N 84'40'25" W 10,00' WESTERN METHODIST ASSEMBLY L2 S 84'4025 E 10,01 L3 S 02' 19 35 W 37.40 ra x�x z L4 N 02'1935 E 32.19 TOTAL ACREAGE PARCEL #765-12039-000 & PARCEL #765-05737-001 3 0.29 ACRES +/— �__ M Y o NW CORNER LOT 1 / BLOCK GOFF ADDITION N 3 o' ❑ p POPE ADDITION # wesrmu uEruao;sr asswely' Fi p,0,g, NE CORNER LOT 1 / BLOCK 3 S 83=3,23 POPE ADDmON E - 5 n4FWOOD DECk 1r �__�___ x x " 3 ssu . 70.2q• a .N1 O EXISIRN4 HOUSE I( H rl EASEMENT TO BE VACATED #2 WFF VDRox �1 A,, 2 'n L2 NE%_ SW1/a NE% —___ --___— —_ o' 20' 40' -V 9q9�� 0p0oa0�4, ®OP eAUTy eevoe 0p0aao4433ION�eeeee e, ,„wnxnxwo'M,® 0 4 SPAT80P ®a A T v e �<a °o •..� a J, �( y�$$me '0' 11p10nONT 11, I ®00 /oolleoeae� EASEMENT VACATION ATLAS c]'� ❑CLEANO m rnx°roxsmeae°u uxw wwze°e° ° wn wren o v COUNTY RECORDING NFORMAT ON: Y WATER METER _ EXHIBIT O SET 44 REBAR +PAS METER o o uvw sTM° �w °wc • EXISTING #4 REBAR ♦ ELE POLE x CHISELED "X" IN CONCRETE ®ELECTRIC BOX FOR USE OF: BOUNDARY LINE FORTYTIF LINE x vux°aesrwrnoxs ANDREW HICKS PROFESSIONAL LAND SURVEYING ---------- ---- ----- ---- ASPHALTPRAVEL/CONCRETE ° E ,;;;a M „E Po "v° A'M ; E—�re v- ---------R14HT OF WAY oa enc+sx wwirrerev u'uven°rz nuosrzuvrn,srw'aexmr..°vv"iseiosrxe. uwo-usc reFcvu+wxs, x LOCATION: ooN SKYLMB DRIVE FAYETPEVILLE x—FENCE —__—__ —BUILDING SETBACK LINE vn H, TGTON COUNTY, ARKANSAS P.O. BOX 1oz6 CENTERLINE ROAD SEC crvn. cw+ru*wu unvn vmvi°eas roam¢ wroanwnwl. $EC>,S-16-N,R-3o-W 425NCENTENMALAVENUE42 -- —EASEMENT TO BE VACATED CREW CHIEF: M.N. DRAWNBY:J.N. SHEETSIZE: 18x24 WEST FORE,AR7z774 PS #1756 is cur°oes x°rreswess�.Tme suz,Emres ov;mox oxms PLAT No. zo-z15 E.V. DATE: aB/16/zozo '� PH. 479 z94.617 COA #2875 cre°eneiu.v°r.w°wxc. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0019 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Presentation Agenda Number: D.1 AGENDA SESSION PRESENTATION - MICROMOBILITY UPDATE City of Fayetteville, Arkansas Page 1 Printed on 212512022 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 e (479) 575-8323 Text File File Number: 2021-1076 Agenda Date: 3/1/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Report Agenda Number: D.2 AGENDA SESSION PRESENTATION - SALES TAX REPORT, PAUL BECKER ENERGY REPORT, PETER NIERENGARTEN City of Fayetteville, Arkansas Page 1 Printed on 212512022