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2022-10-18 - Agendas - Archive
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting October 18, 2022 A meeting of the Fayetteville City Council was held on October 18, 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. Pledge of Allegiance: Mayor’s Announcements, Proclamations and Recognitions: 1. Assistant Fire Chief William Watts Special Recognition City Council Meeting Presentations, Reports, and Discussion Items: NONE Agenda Additions: NONE Monthly Financial Report: Agenda Additions: NONE A. Consent: 1. 2021-1060 Approval of the September 20, 2022 City Council Meeting Minutes. APPROVED 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 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton 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 2 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 2. 2022-0883 Per Capita Jail Fee Agreement: A resolution to approve the Per Capita Jail Fee Agreement with Washington County for jail services in 2023 in the amount of $76,421.40. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 238-22. 3. 2022-0911 Federal and State Law Enforcement Forfeitures Revenue: A resolution to approve a budget adjustment in the amount of $197,483.00 recognizing revenue associated with federal and state law enforcement forfeitures. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 239-22. 4. 2022-0915 2022 Bulletproof Vest Partnership Grant Award: A resolution to authorize acceptance of a matching grant award from the 2022 Bulletproof Vest Partnership Program in the amount of $19,184.00 for the replacement of body armor vests and outfitting new officers, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 240-22. 5. 2022-0923 2023 Selective Traffic Enforcement Program Grant: A resolution to authorize acceptance of a 2023 Selective Traffic Enforcement Program Grant in the amount of $143,000.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 241-22. 6. 2022-0918 1010 South Hollywood Avenue Revenue: A resolution to approve a budget adjustment in the amount of $79,149.00 recognizing revenue associated with the sale of city owned property located at 1010 South Hollywood Avenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 242-22. 7. 2022-0957 G & W Diesel/EVS Fire Apparatus: A resolution to approve the purchase of a new rescue fire apparatus from G & W Diesel/EVS in the amount of $1,300,000.00 plus any applicable sales tax and delivery charges, pursuant to a Houston-Galveston Area Council cooperative purchasing contract, for use by the Fayetteville Fire Department, and to approve a budget adjustment - Firefighting Facilities Improvements Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 243-22. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 8. 2022-0922 Northwest Arkansas Razorback Greenway Operations and Management Plan Update: A resolution to approve an updated Northwest Arkansas Razorback Greenway Operations and Management Plan for the sections of the Razorback Regional Greenway within the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 244-22. 9. 2022-0928 Stribling Equipment: A resolution to waive competitive bidding and authorize the purchase of inspection and repair services from Stribling Equipment to inspect and repair various equipment as needed through the end of 2022 and within the approved budget. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 245-22. 10. 2022-0929 J&R Equipment: A resolution to waive competitive bidding and authorize the purchase of original equipment manufacturer parts from J&R Equipment in the amount of $41,945.59 for the repair of accident damage to a refuse truck. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 246-22. 11. 2022-0925 Miller Boskus Lack Architects, P.A Amendment 1 Agreement: A resolution to approve amendment 1 to the Professional Architectural Services Agreement with Miller Boskus Lack Architects, P.A in the amount of $439,290.00 for architectural services associated with the replacement of Fire Station No. 2, and to approve a budget adjustment - Firefighting Facilities Improvements Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 247-22. 12. 2022-0973 2023 Proportional Share Agreement for Judges: A resolution to approve the 2023 Proportional Share Agreement with Washington County and cities in Washington County to pay Fayetteville’s statutorily required share of our State District Judges’ base salaries, and to authorize the Mayor to sign future agreements as long as the amount allocated to Fayetteville remains the same. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 248-22. B. Unfinished business: 1. 2022-0878 Amend §118.01 Applicability, §151.01 Definitions and §163.18 Short-Term Rentals: An ordinance to amend §118.01 Applicability of the Fayetteville City Code, and § 151.01 Definitions and §163.18 Short-Term Rentals of the Unified Development Code to remove the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov conditional use permit requirement for Type 2 Short-Term Rentals, and to repeal the sunset provision at the October 4, 2022 City Council Meeting, this ordinance was left on the first reading. THIS ORDINANCE WAS LEFT ON A SECOND READING. C. New business: 1. 2022-0919 Reindl Properties, Inc.: A resolution to authorize Mayor Jordan to sign a Letter of Intent defining development agreement terms with Reindl Properties, Inc. for a Public Private Partnership for construction of the mixed-use building planned to provide ground floor active uses for the Ramble Civic Plaza on the southern end of the site. THIS RESOLUTION WAS TABLED TO THE NOVEMBER 1, 2022 CITY COUNCIL MEETING. 2. 2022-0917 Amend §73.05 Riding on Sidewalks: An ordinance to amend § 73.05 Riding on Sidewalks of the Fayetteville City Code to align with state law regarding the rights and duties of a person operating a bicycle in a crosswalk. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6618. 3. 2022-0921 §72.02 Nonconsensual, Police-Initiated Towing, Storage and Impoundment Procedures: An ordinance to amend §72.02 Nonconsensual, Police-Initiated Towing, Storage and Impoundment Procedures to allow towing of a trailer blocking an alley. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6619. 4. 2022-0930 RZN 22-035 (6074 W. Wedington Dr./Houston): An ordinance to rezone that property described in rezoning petition RZN 22-035 located at 6074 West Wedington Drive in Ward 4 for approximately 2.43 acres from R-A, Residential-Agricultural to RSF-4, Residential Single Family, 4 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6620. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 5. 2022-0931 RZN 22-044 (170 E. Mountain St./Twin Summit): An ordinance to rezone that property described in rezoning petition RZN 22-044 located at 170 East Mountain Street in Ward 1 for approximately 0.12 acres from RMF-24, Residential Multi-Family, 24 units per acre to DG, Downtown General. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6621. 6. 2022-0938 VAC 22-022 (3615 N. Steele Blvd/JJ's Live): An ordinance to approve VAC 22-022 for property located at 3615 North Steele Boulevard in Ward 3 to vacate a portion of a Utility Easement. THIS ORDINANCE WAS LEFT ON A FIRST READING. 7. 2022-0963 Amend Ordinance 6010 for VIP Club: An ordinance to amend Ordinance 6010 and change the approved closing time for VIP Club from 1:30 a.m. to 2:00 a.m. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6622. Announcements: City Council Agenda Session Presentations: City Council Tour: NONE Adjournment: 9:50 PM Tuesday, October 18, 2022 5:30 PM City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Hall Room 219 Council Member Sonia Harvey Ward 1 Council Member D'Andre Jones Ward 1 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 Treasurer Kara Paxton City Council Members City Council Final Agenda October 18, 2022City Council Meeting Final Agenda Zoom Information: Webinar ID: 818 4889 5709 Public Registration Link: https://us06web.zoom.us/webinar/register/WN_w9xNGhaiRZqR9bxCPNXaIA Call To Order Roll Call Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions 1.2022-0727 ASSISTANT FIRE CHIEF WILLIAM WATTS SPECIAL RECOGNITION City Council Meeting Presentations, Reports and Discussion Items Proposed Agenda Additions A. Consent A.1 2021-1060 APPROVAL OF THE SEPTEMBER 20, 2022 CITY COUNCIL MEETING MINUTES A.2 2022-0883 PER CAPITA JAIL FEE AGREEMENT: A RESOLUTION TO APPROVE THE PER CAPITA JAIL FEE AGREEMENT WITH WASHINGTON COUNTY FOR JAIL SERVICES IN 2023 IN THE AMOUNT OF $76,421.40 Page 2 City of Fayetteville, Arkansas Printed on 10/13/2022 October 18, 2022City Council Meeting Final Agenda A.3 2022-0911 FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $197,483.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES A.4 2022-0915 2022 BULLETPROOF VEST PARTNERSHIP GRANT AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A MATCHING GRANT AWARD FROM THE 2022 BULLETPROOF VEST PARTNERSHIP PROGRAM IN THE AMOUNT OF $19,184.00 FOR THE REPLACEMENT OF BODY ARMOR VESTS AND OUTFITTING NEW OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT A.5 2022-0923 2023 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2023 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $143,000.00, AND TO APPROVE A BUDGET ADJUSTMENT A.6 2022-0918 1010 SOUTH HOLLYWOOD AVENUE REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $79,149.00 RECOGNIZING REVENUE ASSOCIATED WITH THE SALE OF CITY OWNED PROPERTY LOCATED AT 1010 SOUTH HOLLYWOOD AVENUE Page 3 City of Fayetteville, Arkansas Printed on 10/13/2022 October 18, 2022City Council Meeting Final Agenda A.7 2022-0957 G & W DIESEL/EVS FIRE APPARATUS: A RESOLUTION TO APPROVE THE PURCHASE OF A NEW RESCUE FIRE APPARATUS FROM G & W DIESEL/EVS IN THE AMOUNT OF $1,300,000.00 PLUS ANY APPLICABLE SALES TAX AND DELIVERY CHARGES, PURSUANT TO A HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE FAYETTEVILLE FIRE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT - FIREFIGHTING FACILITIES IMPROVEMENTS BOND PROJECT A.8 2022-0922 NORTHWEST ARKANSAS RAZORBACK GREENWAY OPERATIONS AND MANAGEMENT PLAN UPDATE: A RESOLUTION TO APPROVE AN UPDATED NORTHWEST ARKANSAS RAZORBACK GREENWAY OPERATIONS AND MANAGEMENT PLAN FOR THE SECTIONS OF THE RAZORBACK REGIONAL GREENWAY WITHIN THE CITY OF FAYETTEVILLE A.9 2022-0928 STRIBLING EQUIPMENT: A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF INSPECTION AND REPAIR SERVICES FROM STRIBLING EQUIPMENT TO INSPECT AND REPAIR VARIOUS EQUIPMENT AS NEEDED THROUGH THE END OF 2022 AND WITHIN THE APPROVED BUDGET A.10 2022-0929 J&R EQUIPMENT: A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF ORIGINAL EQUIPMENT MANUFACTURER PARTS FROM J&R EQUIPMENT IN THE AMOUNT OF $41,945.59 FOR THE REPAIR OF ACCIDENT DAMAGE TO A REFUSE TRUCK Page 4 City of Fayetteville, Arkansas Printed on 10/13/2022 October 18, 2022City Council Meeting Final Agenda A.11 2022-0925 MILLER BOSKUS LACK ARCHITECTS, P.A AMENDMENT 1 AGREEMENT: A RESOLUTION TO APPROVE AMENDMENT 1 TO THE PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH MILLER BOSKUS LACK ARCHITECTS, P.A IN THE AMOUNT OF $439,290.00 FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE REPLACEMENT OF FIRE STATION NO. 2, AND TO APPROVE A BUDGET ADJUSTMENT - FIREFIGHTING FACILITIES IMPROVEMENTS BOND PROJECT A.12 2022-0973 2023 PROPORTIONAL SHARE AGREEMENT FOR JUDGES: A RESOLUTION TO APPROVE THE 2023 PROPORTIONAL SHARE AGREEMENT WITH WASHINGTON COUNTY AND CITIES IN WASHINGTON COUNTY TO PAY FAYETTEVILLE’S STATUTORILY REQUIRED SHARE OF OUR STATE DISTRICT JUDGES’ BASE SALARIES, AND TO AUTHORIZE THE MAYOR TO SIGN FUTURE AGREEMENTS AS LONG AS THE AMOUNT ALLOCATED TO FAYETTEVILLE REMAINS THE SAME B. Unfinished Business B.1 2022-0878 AMEND §118.01 APPLICABILITY, §151.01 DEFINITIONS AND §163.18 SHORT-TERM RENTALS: AN ORDINANCE TO AMEND §118.01 APPLICABILITY OF THE FAYETTEVILLE CITY CODE, AND § 151.01 DEFINITIONS AND §163.18 SHORT-TERM RENTALS OF THE UNIFIED DEVELOPMENT CODE TO REMOVE THE CONDITIONAL USE PERMIT REQUIREMENT FOR TYPE 2 SHORT-TERM RENTALS, AND TO REPEAL THE SUNSET PROVISION At the October 4, 2022 City Council meeting, this ordinance was left on the first reading. C. New Business Page 5 City of Fayetteville, Arkansas Printed on 10/13/2022 October 18, 2022City Council Meeting Final Agenda C.1 2022-0919 REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED-USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE C.2 2022-0917 AMEND §73.05 RIDING ON SIDEWALKS: AN ORDINANCE TO AMEND § 73.05 RIDING ON SIDEWALKS OF THE FAYETTEVILLE CITY CODE TO ALIGN WITH STATE LAW REGARDING THE RIGHTS AND DUTIES OF A PERSON OPERATING A BICYCLE IN A CROSSWALK C.3 2022-0921 §72.02 NONCONSENSUAL, POLICE-INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES: AN ORDINANCE TO AMEND §72.02 NONCONSENSUAL, POLICE-INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES TO ALLOW TOWING OF A TRAILER BLOCKING AN ALLEY C.4 2022-0930 RZN 22-035 (6074 W. WEDINGTON DR./HOUSTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-035 LOCATED AT 6074 WEST WEDINGTON DRIVE IN WARD 4 FOR APPROXIMATELY 2.43 ACRES FROM R-A, RESIDENTIAL-AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE Page 6 City of Fayetteville, Arkansas Printed on 10/13/2022 October 18, 2022City Council Meeting Final Agenda C.5 2022-0931 RZN 22-044 (170 E. MOUNTAIN ST./TWIN SUMMIT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-044 LOCATED AT 170 EAST MOUNTAIN STREET IN WARD 1 FOR APPROXIMATELY 0.12 ACRES FROM RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO DG, DOWNTOWN GENERAL C.6 2022-0938 VAC 22-022 (3615 N STEELE BLVD/JJ'S LIVE): AN ORDINANCE TO APPROVE VAC 22-022 FOR PROPERTY LOCATED AT 3615 NORTH STEELE BOULEVARD IN WARD 3 TO VACATE A PORTION OF A UTILITY EASEMENT C.7 2022-0963 AMEND ORDINANCE 6010 FOR VIP CLUB: AN ORDINANCE TO AMEND ORDINANCE 6010 AND CHANGE THE APPROVED CLOSING TIME FOR VIP CLUB FROM 1:30 A.M. TO 2:00 A.M. D. City Council Agenda Session Presentations E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE Page 7 City of Fayetteville, Arkansas Printed on 10/13/2022 October 18, 2022City Council Meeting Final Agenda 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. Page 8 City of Fayetteville, Arkansas Printed on 10/13/2022 October 18, 2022City Council Meeting Final Agenda 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 discuss the agenda item being considered by the City Council. 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. As part of a person ’s public comments allowed above, the speaker may use electronic visual aids during their five (5) minutes presentation period concerning the agenda item being considered by the City Council. 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 comments that are harassing or amount to a personal attack against any identifiable individual including abusive comments and derogatory remarks about integrity or offer any other comments that are also not limited to the discussion of the specific agenda item being considered by the City Council. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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. Page 9 City of Fayetteville, Arkansas Printed on 10/13/2022 City Council Meeting Minutes September 20, 2022 Page 1 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting September 20, 2022 A meeting of the Fayetteville City Council was held on September 20, 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. PRESENT: Council Members Sonia Harvey, D’Andre Jones, Mark Kinion, Mike Wiederkehr, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Communications & Marketing Director Lisa Thurber, Chief Financial Officer Paul Becker, Staff, Press and Audience. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: Mayor Jordan welcomed journalism students from the University of Arkansas. City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report Council Member Bunch presented the Nominating Committee report and recommended the appointments as submitted. She stated there were several positions still vacant the city did not receive applications for. She stated these positions would be showing up on the next quarter vacancies. 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 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton 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 City Council Meeting Minutes September 20, 2022 Page 2 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Hertzberg moved to approve the Nominating Committee Report as read. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Agenda Additions: None Consent: Approval of the August 16, 2022 City Council Meeting Minutes. APPROVED Recognizing Additional Revenue for Parking Facilities and Services: A resolution to approve a budget adjustment in the amount of $100,000.00 recognizing additional revenue and associated expenses for certain parking facilities and services. Resolution 209-22 as recorded in the office of the City Clerk LC Joint Adventures, LLC to Creamer Pilot Services, LLC Agreement: A resolution to approve the Agreement for Assignment of a lease for Airport property located at 4560 South School Avenue from LC Joint Adventures, LLC to Creamer Pilot Services, LLC. Resolution 210-22 as recorded in the office of the City Clerk Arkansas Department of Transportation: A resolution to approve a payment of $48,511.28 to the Arkansas Department of Transportation for the construction of a side path along Wedington Drive at the intersection of Interstate 49, and to approve a budget adjustment. Resolution 211-22 as recorded in the office of the City Clerk EZest Solutions, LLC d/b/a Dumpster Dudez of Northwest Arkansas: A resolution to approve an agreement with EZest Solutions, LLC d/b/a Dumpster Dudez of Northwest Arkansas for the hauling and disposal of solid waste in the City of Fayetteville. Resolution 212-22 as recorded in the office of the City Clerk Water Leak and Sewer Overflow Damage Claims: A resolution to approve a budget adjustment in the amount of $100,000.00 to appropriate additional funds for water leak and sewer overflow damage claims that may occur in 2022. Resolution 213-22 as recorded in the office of the City Clerk Water and Sewer Division Minor Equipment: A resolution to approve a budget adjustment in the amount of $25,000.00 to appropriate funds for minor equipment purchases by the Water and Sewer Division that may occur in 2022. City Council Meeting Minutes September 20, 2022 Page 3 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Resolution 214-22 as recorded in the office of the City Clerk State Drug Crime Enforcement and Prosecution Grant: A resolution to authorize acceptance of a State Drug Crime Enforcement and Prosecution Grant for state funding of the Fourth Judicial District Drug Task Force in the amount of $91,319.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds. Resolution 215-22 as recorded in the office of the City Clerk Axon Enterprise, Inc.: A resolution to approve a ten year Service Agreement with Axon Enterprise, Inc. and authorize the purchase of body worn cameras, taser conducted energy weapons, interview room video recorders, and digital mobile video recorder systems in the total amount of $4,186,494.72 pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Police Department, and to approve a budget adjustment. Resolution 216-22 as recorded in the office of the City Clerk Council Member Hertzberg moved to accept the Consent Agenda as read. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Reallocate CDBG-CV Funding for COVID-19 Outreach, Testing and Protection: A resolution to approve a budget adjustment in the total amount of $557,298.00 to reallocate CDBG- CV Funding for COVID-19 outreach, testing and protection. At the September 6, 2022 City Council Meeting, this resolution was pulled for further discussion and referred to the CDAP Advisory Board. This resolution was tabled to the September 20, 2022 City Council Meeting. Yolanda Fields, Community Resources Director/Equity Officer gave a brief description of the resolution. She stated this was presented to the Community Development and Assistance Programs Advisory Board who met via Zoom and voted unanimously to support the budget adjustment. Council Member Scroggin: I recuse from this item. Council Member Kinion: Yolanda, thanks so much for working with CDAP. I’m glad we have support from the committee. I think that’s real important and I appreciate the extra time it took. The City Council received one public comment regarding this resolution. Council Member Kinion moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed 7-0. Council Members Wiederkehr, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Council Member Scroggin recused. Council Member Kinion: This is a good lesson learned, to be sure we are inclusive, and now with this new CDAP Committee we can utilize it better. I saw public policy work in this instance. In City Council Meeting Minutes September 20, 2022 Page 4 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov the comments, you will see there were concerns, but it’s concerns that can be handled in the future based on what we know from this meeting. It was a very civil meeting, from what I saw. Thank you, Ms. Terry, for encouraging that. Resolution 217-22 as recorded in the office of the City Clerk Amend §157.02 Development: An ordinance to amend §157.02 Development in Chapter 157 Notification and Public Hearings of the Unified Development Code to require public notification of administrative items and variances considered by the Planning Commission. At the September 6, 2022 City Council Meeting. this ordinance was left on the first reading. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Britin Bostick, Long Range Planning/Special Projects Manager: This is an item that was meant to be put into our code. It’s a policy for notification that currently exists in Development Services. I don’t have any additional updates for the Council from Agenda Session. We have not received any additional public comment. Council Member Turk 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6600 as Recorded in the office of the City Clerk Rename Archibald Yell Boulevard to Nelson Hackett Boulevard: A resolution to rename Archibald Yell Boulevard to Nelson Hackett Boulevard. At the September 6, 2022 City Council Meeting, this resolution was tabled to the September 20, 2022 City Council Meeting. Council Member Jones: I believe the last time we met, Britin was tasked to reach out to the business owners and those who live in close proximity to Archibald Yell. If it’s okay at this time, is Britin allowed to report back to the Council as it relates to what she found? Mayor Jordan: What I told her to do was to contact business owners and the people that lived along that area as a request. You did that, correct, Britin? City Council Meeting Minutes September 20, 2022 Page 5 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Britin Bostick, Long Range Planning/Special Projects Manager: To give a little bit of an update to the City Council on the last meeting, I want to confirm where we are today, a week later. I was able to connect with several of the businesses and property owners along Archibald Yell. One of the things we looked at in the last regular meeting is that there are properties addressed on Archibald Yell. There are properties that front on Archibald Yell but are maybe addressed on a side street. Some properties would potentially have an address change with the name change and then some would not. I did my best to reach out to property owners and business owners along Archibald Yell. We did have seven letters returned, so I was not able to connect with about seven of the twelve property owners through phone, email or mailing. When I was able to connect with folks, it was via phone and email. I believe the council has received comments from some of those folks either in writing or perhaps phone call. In speaking to people, there were some concerns expressed. There was an ask for an economic impact study to be done first, specifically for the businesses that might be affected, additional public input, the city to pay business costs for the changes to the name, whether that be for new signs and other costs associated, etc. Also, for the city to widely advertise the name change so there would be recognition. One of the things I highlighted for the council in Agenda Session were some concerns expressed by at least two property owners that people know where they are on Archibald Yell but they may not be as familiar with where the business location is if the name were to change. There are proposals to rename a different street in the city for Nelson Hackett, such as; College Avenue, School Avenue, 15th Street and 11th Street. They said they think this was done with the MLK street renaming to start with an honorary naming rather than going straight to the name change. A couple of property owners were in support and business owners that I spoke with. Folks were maybe ambivalent. They said okay and then a few were expressing concerns in opposition, which I’ve summarized for you. I haven’t had much communication since last Tuesday and so not a whole lot of update beyond that to report. Council Member Scroggin: You mailed out to people on that street with the current name and got a bunch of them back? Britin Bostick: That’s correct. Council Member Scroggin: So, the names not working now as far as for those businesses, because their mail is coming back. Britin Bostick: It looked like, according to the U.S. Postal Service stickers, it was mostly address undeliverable or no mail receptacle available. Council Member Bunch: There were twelve addresses and you got seven letters back? Or seven were responded? Britin Bostick: I sent 20 letters out. Our GIS Map is wonderful in that it captures some of the County Appraisal Data. The mailing address for the property owner may be different than the property address itself. In trying to use any address that might work, I sent out at least twenty letters and seven of those have come back as of today. Council Member Bunch: Did you do your due diligence and check the county records because that’s where their tax record would go? City Council Meeting Minutes September 20, 2022 Page 6 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Britin Bostick: It looked like, in a couple of instances at least, the property owner had sold the property where their mailing address was and had not updated their information with the county. Council Member Jones: Britin, you work with the commission and I have the privilege of serving on the commission. There’s been some concern this was frivolous. Explain to the council the thoughtfulness in how this came about, the number of meetings, the diligence and how this commission made sure the decision they made was conducive to what the Council wants them to carry out. University of Arkansas history professors have been making sure the community is not being educated against Archibald Yell but telling the story of Nelson Hackett. Britin Bostick stated Mr. Jennings, the chair of the commission, was in attendance. She spoke of how the commission started considering this item in their March meeting. She stated Dr. Michael Pierce, who the Council has heard from in a previous meeting, came and shared the story of Nelson Hackett and the work of the University’s project for Mr. Hackett. She stated there were several months of meetings of what it would mean to recognize Mr. Hackett in Fayetteville’s history and that began to transition to consider how it could be applied to the name change. She stated they spoke about code before deciding to move ahead with the recommendations for the marker and the street renaming. Council Member Jones spoke about the impact of the story and the research with Dr. Michael Pierce and Dr. Banton as it relates to educating and how far reaching that has been. He stated teachers throughout the country were on campus at the University of Arkansas this past summer to learn about this story. He spoke about Fayetteville’s impact on international slave policy. Britin Bostick: That is something Professor Pierce has highlighted in both of his presentations to the commission. One of the commissioners asked about their summer program. There’s an elementary school teaching component that the University shares to support the Nelson Hackett story being taught in school curriculums across the country. He provided an update on their summer program, which was very successful this year. Council Member Jones: Fayetteville’s having a positive impact on international slave policy and that history should be told. Thank you for the work you’ve done for the city and the commission. JL Jennings, Member of the Black Heritage Preservation Commission stated the President of the Fayetteville Evergreens Cemetery spoke about the accomplishments of Archibald Yell and his signing of the document to extradite Mr. Hackett as one of his duties. He stated Mr. Yell did some great things but that he was on the wrong side of history on this one. He spoke about Archibald Yell being a founding father of Fayetteville and his legacy. He spoke about men like Nelson Hackett who were robbed of their legacies and considers Nelson Hackett to also be a founding father of Fayetteville. He stated all of Fayetteville’s voices need to be heard and acknowledged, including Mr. Hackett. He requested Council to support the resolution to rename Archibald Yell Boulevard to Nelson Hackett Boulevard. Kaleb Turner, Member of the Black Heritage Preservation Commission stated his thankfulness to the Council, Britin Bostick and JL Jennings. He stated his support for the resolution and asks City Council Meeting Minutes September 20, 2022 Page 7 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov the council vote in favor. He read a paragraph from the Northwest Arkansas Democrat Gazette Editorial about the street renaming. Council Member Jones stated this has been very challenging for Fayetteville and he has heard the concerns. He spoke about how this is an opportunity to practice inclusion and he hopes this is received in the manner it should be. He stated if we are going to empower groups to do this kind of work then we need to trust them and not undermine their authority and voices. He stated when we think of this street renaming five years from now, think about the impact it is going to have. He gave a brief description of how this is Mayor Jordan’s legacy and how the African American community is eternally thankful for him. He spoke of how racism was declared a public health crisis in 2020, but the City Council has done little since then and now can do more. He spoke of how this is not just good for African Americans, but for other groups as well. He believes this is the right thing, regardless of political pressure and hurt feelings. He spoke of how this is about diversity, equity, inclusion and belonging, which are the four things we cherish in Fayetteville. The City Council received four public comments regarding this resolution. Council Member Scroggin: I have an amendment I would like to propose. It allows the Mayor to reimburse potential costs of the renaming of the street. Kit, what would I need to do to move this forward? City Attorney Kit Williams: It adds one Whereas clause, as well as in Section 2 the Whereas clause would be added says, Whereas the Fayetteville City Council wishes to reimburse any necessary additional expenses that renaming Archibald Yell Boulevard would cost existing businesses or residents currently addressed on Archibald Yell Boulevard. Section 2 would say that the City Council of the City of Fayetteville Arkansas hereby authorizes Mayor Jordan to reimburse businesses and residents currently addressed on Archibald Yell Boulevard for expenses necessitated by the change of name of the street. Later this afternoon, Council Member Jones asked to do an amendment, which I think would not be contrary to yours, but might be combined with it if you want me to do that. That would add another section; Section 3. It would state that the City Council of the City of Fayetteville Arkansas hereby determines this resolution will not go into effect until Juneteenth of 2023 to give businesses and residents addressed on the Boulevard enough time to make a transition to a new name. If you’re also in agreement with that, then we could combine those and it would be a single amendment or if you want to hear them separately, we could do that. Council Member Scroggin: I would consider that a friendly amendment and make it with mine. Council Member Jones: That’s fine. Kit, thank you. When I reached out to you, this was part of that amendment, and part of the discussion we had last Thursday when we met. We wanted to make sure the business community understands we’re working together in doing everything we can to accommodate them. Britin reached out to the postal service and they had one year. If it passes tonight and it’s June 2023, they have up until June 2024 to make that change. They also have an additional six months. We want to make sure we honor and do everything we can to collaborate with our business owners. We wanted to make sure we are empathetic to their needs and they have as much time as they need to make those changes. City Council Meeting Minutes September 20, 2022 Page 8 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Attorney Kit Williams: I would suggest either you or Council Member Scroggin make the amendment and the other person second it. We could go forward from there. Mayor Jordan: How much money do you think we need to reimburse these businesses? Council Member Bunch: That is my question as well, is there a limit? Council Member Hertzberg: Do we have any idea what we would allow the reimbursement to be for? Is it just for changing addresses, postage or what? How do we quantify the financial piece? Mayor Jordan: Paul, do you have any thoughts on that? Paul Becker, Chief Financial Officer: It’s not very clear what we are talking about reimbursing them for. If you are going to reimburse them for expenses, there should be some type of individual cap. We should call those reasonable expenses that are directly necessitated for the name of the street. You could come up with all kinds of arguments for something that’s related. I’d like to see something talked about directly, necessitated and being reasonable by the naming of the street capped individually. Council Member Hertzberg expressed concern this amendment could include larger items, which could rack up the total amount. City Attorney Kit Williams: I should note from the language, it merely authorizes the Mayor to reimburse businesses. It does not say must and it leaves the details up to the Mayor, as long as the expense is necessitated by the change of the name of the street. Council Member Jones: I’m thinking in terms of just simple postage. I don’t know how much that would incur. Perhaps just changing ‘whatever’s required’ to ‘address change’. I’m thinking in terms of regular monies for postage. Council Member Scroggin stated he only expects business cards to be reprinted and signs adjusted. City Attorney Kit Williams: One thing Council could do if you wanted to limit this more closely is to say, ‘not exceeding $50 dollars per address.’ Council Member Harvey briefly spoke of how she had a business on 6th Street before it was renamed to MLK. She stated she did not receive any kind of reimbursement. She spoke of her concerns regarding if the city is going to reimburse businesses every time there is a street name change. Council Member Jones: The business owners have almost a year and a half to get this taken care of. We’re looking at Juneteenth, June of 2023, then they have 12 months. Then they have an additional six months. That is 18 months. I understand there is communication that goes out that the city will educate the businesses on how to do this. I was not prepared to ask the city to pay City Council Meeting Minutes September 20, 2022 Page 9 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov anything but wanted to be gracious and consider it with the time and making sure the business owners can take care of what they need, as it relates to changing their address. City Attorney Kit Williams: It seems like we have two separate amendments that need to be considered. We should start with one or the other, either with Council Member Jones’ amendment or Council Member Scroggins’ amendment. They probably should not be joined, from what I am hearing tonight. Council Member Scroggin: I move to amend to Council Member Jones’ amendment he has presented. I’m going with Jones’ first, not mine. Council Member Harvey: No reimbursements? Council Member Scroggin: We will talk about that next. Council Member Harvey: Okay, second. Mayor Jordan: I have a motion and a second to do the street renaming on Juneteenth of next year. Council Member Hertzberg: This would be nine months? Next June? Council Member Jones: This would take place June 2023. They have until June 2024 to have their address changed and updated. They have 12 months and then they have an additional six months, so 18 months total to make these changes. Council Member Wiederkehr: Do we need to vote on this first or do we get to have discussion and then we can decide on this later, as far as an amendment? City Attorney Kit Williams: No, this is something you should discuss since the motion is on the floor, it’s an amendment to the proposal by Council Member Jones to have the effective date of the resolution on Juneteenth next year. You should vote on that before you get to any other potential amendment. Council Member Jones briefly spoke of how he wants the business owners to understand this will not happen immediately because they have up to 18 months. He stated the city will not pay for but guide them through the process. Council Member Scroggin moved to amend the resolution effective date to June 19, 2023. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. After further discussion, Council Member Scroggin withdrew his amendment. Council Member Jones gave a brief description of his thankfulness and noted there needed to be a larger conversation as it relates to street renaming. City Council Meeting Minutes September 20, 2022 Page 10 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Bunch spoke briefly of how she does not understand the comments of how this is erasing history. She spoke of how Archibald Yell will still be memorialized and how he is widely commemorated in Fayetteville. She stated we do not have as much regarding Nelson Hackett and that his story is integral to our collective history. She stated the Council should listen to the committee when making their decision on how to vote. Council Member Scroggin gave his thanks to the commission for bringing this item forward. He stated he learned about Archibald Yell through a rotary program. He spoke of how there is a difference between learning history and honoring people, and they are getting that distinction today. He spoke of how he now knows more regarding the history of Archibald Yell and hopes Council will vote for the name change. Council Member Kinion spoke briefly about his family being six generations deep in Washington County. He stated he recognizes that Archibald Yell did a lot for Fayetteville as a Founding Father but that does not give anyone the right to be a savage. He explained how he did not know anything regarding Nelson Hackett and having a street named after him will have people wondering who he is. He believes the Council had a good discussion regarding two men that had an impact on the history of Fayetteville. He stated he is happy to support the resolution, but he has empathy for the business owners who are located on Archibald Yell Boulevard. Council Member Wiederkehr stated he believes the resolution will pass and it could be a good thing. He spoke of how the street renaming is a form of social restitution for the harm and consequences of several centuries of slavery in our country. He stated this renaming will tell a portion of the community they matter but there is a portion of people who did not feel like they were included in the process. He spoke of how he wants to be cautious and give room to be forthright. He explained there are people in Fayetteville that have mixed feelings about this, and they matter. He stated the costs is not in business cards but in someone who spent years in getting their name to pop up in a google search algorithm. He believes we need to be cautious in demonizing one another in saying history is just history and we’re just renaming a street. He spoke of how we lose people because we do not allow them to feel what they contribute matters and that works against us in being inclusive. He stated he wants Fayetteville to have room for a difference of opinion. He explained that the city has a monument and that is a significant statement. He stated a street renaming does not tell the people that come to Fayetteville who that person is, like the monument does. He spoke of how we must be more inclusive with the community in the future. Council Member Jones spoke of how he remembers hearing some of the same comments from the discrimination ordinance in August of 2014. He spoke of how we have been educated on so many things but when it comes to race, we become defensive. He stated the same thing happened in 2014 when Council voted, and it came down to the anti-discrimination issue. He spoke of how Fayetteville was fine and as a result of that, Fayetteville has one of the largest Pride celebrations in the state. He spoke of his appreciation for Council Member Bunch pointing out the fact the commission has done exactly what it was commissioned to do. He stated there must be room at the table for minorities in this city and that he is advocating for his community but that doesn’t mean he loves our community any less. He briefly spoke of meeting with Chief Reynolds regarding an issue in Fayetteville of African Americans being arrested for marijuana use, far more than any other group. He stated Chief Reynolds met with his committee and listened, and they saw the City Council Meeting Minutes September 20, 2022 Page 11 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov change. He spoke about when the city placed the Black Lives Matter banner in Fayetteville, there was backlash they addressed together. He spoke of standing with Chief Reynolds when the city had the protest and the City of Fayetteville stood together and did not cancel each other. He spoke of how Fayetteville is different and leading the way in terms of character, diversity and inclusion. He spoke about the city’s Police Department and how proud he was of Chief Reynolds addressing the challenges that have come up. He stated he does not want this to be looked at from the perspective of canceling and demonizing people. He spoke of how the city has addressed differences in naming racism as a public health crisis. Council Member Turk briefly spoke of her love for history and being on the Historic District Commission. She stated this issue has been a struggle for her because she has heard a lot of information from both sides and that has been very educational. She spoke of how this has divided us and as we move forward, she would like to explore other alternatives. She stated honorary street names with educational materials would be more inclusive rather than renaming certain things. She stated how proud she was the evening of the Black Lives Matter rally and how it was a great example of unity, compassion, tolerance and she wants us to keep that same feeling. She stated she feels a great way to create more education would be if the City Council received a presentation in the future regarding honorary street names like other cities have done. Council Member Bunch: When we have division, that is when we grow. This may make me or you uncomfortable, but we all grow through that. I don’t think we will all ever be completely on the same page. Everybody on this Council is trying to do the right thing. We will vote on this, if it passes, it passes. If it does not pass, it doesn’t pass. It will pass and it will be okay to change the street name because everything doesn’t stay the same forever. At some point down the line we may want to change the street name again to something else. I’m glad we’ve had this conversation and I learned all these things about Archibald Yell and Nelson Hackett. I did not know about Mr. Hackett until I went to the website of the Nelson Hackett Project. If anyone has not done that you should. Council Member Harvey spoke of how she has heard about this for quite some time. She noted how it took the creation of a commission to prompt the Council and she is glad it has happened. She explained how she is on the Nominating Committee and part of what they do is choose people from the community to guide and advise them. She stated this street is the entrance to Fayetteville in Ward 1 and welcomes people to Fayetteville. She stated this will help people feel acknowledged. She believes it is important to think about what the name is and what it stands for in Fayetteville. She commended all the people who worked on this and those that came to speak for and against this item. Council Member Kinion: What I’m taking out of this is we need to have a procedure to name and rename streets. It needs to be part of our code and inclusive. There needs to be notification of people involved and it’s important to get it done soon. The reason I tabled this two weeks ago was so that we could have inclusive discussion and explore the impact of this street change. It will impact businesses, which I hate, but I also have other values that are important. Mayor Jordan: Thank you Council Member Jones for bringing this forward. Thank you to the commission for their work on this, you did exactly what the Council wanted you to do. I’ve spent City Council Meeting Minutes September 20, 2022 Page 12 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov a better part of my life fighting for equity, diversity and inclusion. We fought for LGBTQ rights, women’s rights, African American rights, Latino rights and for other people of color in this city. I believe in an open door, open mind and an open heart. No matter what the color of their skin, religious belief, what country they come from or who they love, you accept them. I believe in an open mind where people can express themselves. I believe in an open heart; you serve, rather than being served. Those are guiding principles for me. People of color have had a tough time. I don’t know everything, and Council Member Jones, I don’t know what it is to be black. But when you know better, you do better. I didn’t really know anything about Nelson Hackett until a couple of years ago. When I saw that this was going forward and Britin mentioned it in a meeting, I told them immediately what I was going to do. I would support this if I had to vote because I have supported equity, diversity and inclusion for as long as I can remember. I appreciate that it’s going to take all of us in a unified effort to change things, but we’re going to change things for the better. I support the changing of the name. Council Member Harvey moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-1. Council Members Scroggin, Bunch, Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Council Member Wiederkehr voting no. Resolution 218-22 as recorded in the office of the City Clerk New Business: Miller Boskus Lack Architects, P.A., d/b/a MBL Planning: A resolution to approve a professional architectural services agreement with Miller Boskus Lack Architects, P.A., d/b/a MBL Planning pursuant to RFQ #21-09, in the amount of $212,257.00 for the development of a pre-approved building design program, to approve a project contingency in the amount of $10,613.00, and to approve a budget adjustment. Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated his thanks to Council Member Turk for proposing to take this item off Consent which resulted in a well written newspaper article and several comments from both residents and the developer in the area. He stated he is available for questions. Council Member Turk: Could you describe the process you went through before submitting the RFP? Did this go through Long Range Planning? I understand its part of the 2040 Plan, but was this specifically identified as an action from the 2040 Plan? Jonathan Curth: Yes, it is one of the implementation items specifically mentioned in City Plan 2040. It was discussed as a part of City Plan 2040’s updating and adoption a few years ago by the Planning Commission’s Long Range group a handful of times and at one of the Planning Commission’s retreat meetings. It has been vetted and evaluated. A lot of Planning staff and the commissioners have been watching these programs nationally and seeing what works and what doesn’t work. I don’t want to call it novel because it has several years under its belt now and we’ve had the opportunity to officially see what can make ours better. City Council Meeting Minutes September 20, 2022 Page 13 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk: This is $212,000, which is significant. That could go to water and sewer repairs and a whole host of other worthy projects we need within the city. Have you evaluated other cities and how much their costs have been and the number of citizens or residents that have utilized a program like this? Jonathan Curth: We have looked at it and that gets back to evaluating what other cities have done because the concern is that some cities, like with a lot of planning efforts, you’ll adopt a plan and it sits on a shelf and everyone feels good about it but it doesn’t get implemented. We found several instances where these programs were not successful and were utilized at a very low rate or not at all. We sought through working on this contract with the developer to identify ways to make this more successful. One of those is Miller Boskus Lack Architects, which intends to offer us more floorplans and building types than we had asked for in the RFP. We submitted asking for four to six and they suspected they could get approximately 24 out of it. One of the biggest failings of these programs is there aren’t enough iterations of house types. The way that Miller Boskus Lack has looked at it through their work, most recently in Claremore, Oklahoma and Bryant, Texas, is having a larger number of plans available makes it more successful. Council Member Turk: What have the implementation costs been? Did Bryant, Texas pay approximately the same amount we are being asked to pay here? Was it for a three-year duration? Jonathan Curth: They did the program differently. It has had limited success. They bought a set number of plans for the duration of the program. The hope is having that three-year access period to allow the architect to substitute plans in and out as they see use. If they are not seeing use in what was developed for the city, they could substitute new plans and that’s what comes with that time period. If it’s a successful program, we’ve negotiated a rate to continue that license agreement with them. That is not included in this but if it’s something the Council sees appropriate moving forward; we could go that route. To your question about costs, it is very difficult to compare these programs. A lot are specific to one building type. In Los Angeles they have 12 or 15 different types that are all submitted by different architects as part of the project, as opposed to using a single firm. I have not found a program exactly like this that we can compare it too. Council Member Turk: What is the track record of this company? I noticed they were the only one that responded to the RFP. Have they had a successful implementation in a peer size city? Jonathan Curth: The Claremore, Oklahoma project is the most recent one and they have seen more usage. I don’t have numbers of permits pulled but I do know they’ve been implemented in speaking with their Planning group. Council Member Turk: I would like to see that data. The price is high for only three years. It would take 27 different houses to make up the $212,000 we’re being asked to approve. I would love some additional information. Council Member Bunch: Are the plans not good for just three years but for a long period of time? Saying it’s only good for three years is the architecture firms contract to develop them, right? City Council Meeting Minutes September 20, 2022 Page 14 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Jonathan Curth: There are two pieces to this contract. There is the response to the RFP, which is the city’s request for four to six designs. Miller Boskus Lack will work to give us a permanent license to those designs. In addition to that, there is a three-year program where the City of Fayetteville can participate in an online portal that is publicly accessible. Those plans can be added to, removed, swapped in and out as they show themselves to be successful in the program. Council Member Bunch: It’s indefinite once we pay, the plans are ours, right? Jonathan Curth: For the four to six we have as part of the RFP, yes. For additional ones, no. Council Member Scroggin: Let’s say somebody comes up with a plan identical to one of these, do they have any benefit other than citizens have say in it? Are they going to get to skip any steps in the development process? If they needed a variance to make it work, will they still have to go for that variance? Jonathan Curth: Correct. Council Member Scroggin: If they needed a CUP they would still have to go for that CUP? This is not putting them past citizens in any way? Jonathan Curth: Right. The intent of this is to incorporate citizens into the process where they aren’t already and to develop plans that acknowledge our existing codes. Council Member Scroggin: That was my understanding, I just want everyone else to see that. It’s not skipping the citizen input steps; it may add some because they get to kind of develop the plans. When we talk about rezones, people are concerned because they want to know what it’s going to look like. With people being able to have input, hopefully that is the case and that it’s contextual to what’s already there. The state has removed our right to do anymore, so I will be in support of this. It makes sense to allow citizens to develop what may come next in their neighborhood. Council Member Wiederkehr: I will be supporting this. I thought we were purchasing a subscription for three years but at the end of three years we don’t have any legal licensing to use these preapproved plans. Jonathan Curth: The ones beyond the four to six that are a part of the RFP response. Council Member Wiederkehr: Sears Catalog used to sell homes. They framed them out, put them on a train and shipped them to your community. The beauty of that in the community I lived in previously was some of the most desirable neighborhoods were the Sears Catalog homes because they fit the time and design sense of the communities purchasing them. I don’t have any concerns about preapproved designs. The real cost at this step in development is the time it takes to get a plan approved and that’s not staff’s fault, that’s just the number of people submitting plans for staff to review. This would be an efficiency for even customers that don’t use a preapproved plan just by virtue of freeing up plan checkers to look at someone else’s plans instead of these. This is a tremendous opportunity for us. The cost is going to be greater than in other communities because we’re purchasing community meetings with the consultants and the designers present. The City Council Meeting Minutes September 20, 2022 Page 15 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov number one complaint I received is a gem in a beautiful pitch roof neighborhood and now I have a three story monolithic block that’s been built. It doesn’t sit well with the neighbors that felt like the architecture of their neighborhood is a value in and of itself. Alleviating one additional fear of the community helps them get behind additional support, density and additional accessory dwelling units. It’s a terrific step in the right direction. Jonathan Curth: Public input costs are a big portion of that $212,000 contract price. One reason this local group is appealing to us is because it allows them the potential for more public input whereas an outside firm often has large travel budgets that have the consequence of compromising your ability to contribute more to the plan. One piece we have been able to negotiate is a market analysis. This will be ours to consider as a part of ongoing housing dialog with the city. Council Member Turk: I ask we hold this for two weeks so we can get information on the success of more cities and this company. Citizens have concerns about cookie cutter housing so having the input would be helpful. There is no requirement you use one of these plans or have a contextual plan in an established neighborhood, right? This is just an option? Jonathan Curth: Correct. The incentive comes with the savings and permitting times. Council Member Turk: Could you describe how much time savings, if these were approved, for the average homeowner or developer? Jonathan Curth: That depends on the plan. When you submit plans to the City of Fayetteville for an Accessory Dwelling Unit, for example, that could take anywhere from seven to 30 days. If it’s a homeowner doing it themselves, we have seen those take many months because there is a lack of familiarity with basic development codes and standards. Sometimes to the point where months extends into a year and they end up hiring an architect or a design consultant to do the work for them. It gets complicated if you were to do an attached residential unit, whether it’s a stacked duplex or a quadplex. Those get very expensive and timely. A lot of those require an architect’s stamp as part of the process. It’s very difficult to quantify how much time, but it can be anywhere from two weeks to several months. When it comes to dollar amounts, I can’t speak to whether they’re carrying a construction loan or what kind of financing is associated with it or whether they have design professionals they are paying hourly for every revision or iteration. It’s hard to put a number regarding how much you can save, whether it’s resident or developer. Council Member Turk: With these preapproved plans, you wouldn’t skip the grading permit and many of these other steps. If you do, could you maybe expand or show that to us in two weeks? Jonathan Curth: One benefit of doing these kinds of programs in established parts of town, there is an established development pattern. Whether that’s a platting that’s identical from block to block, so what that affords a consultant on a project is they can plan for an exact lot size where they will only need to potentially shift the building footprint around to accommodate if there is any sort of grading requirement or storm water requirement. That’s where the efficiency is gained in going through all the pre-evaluation with the departments beforehand so it’s not something that has to be done through the development review process. City Council Meeting Minutes September 20, 2022 Page 16 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk: This would save staff time as well. It’s hard to justify this amount of money. The Sears Catalog, the homeowner paid for that, not the city. The difference here is we are spending city money and if I can justify it by saving staff time, that would make me feel better. Jonathan Curth: It’s impossible to know how successful the program will be. On average the city is approving about two single family building permits a day right now. If a small portion were to filter out into this program it would have a meaningful impact on staff time to use for other reviews or policy evaluations. Council Member Turk moved to table the item to the October 4, 2022 City Council meeting. Council Member Jones seconded the motion. Upon roll call the motion passed 5-3. Council Members Turk, Hertzberg, Harvey, Jones and Kinion voting yes. Council Members Wiederkehr, Scroggin and Bunch voting no. This resolution was tabled to the October 4, 2022 City Council Meeting. 2022 Millage Levy on Real and Personal Property: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2022 fixing the rate thereof at 2.3 mills for General Fund Operations, 0.4 mills for the Firemen’s Pension and Relief Fund, 0.4 mills for the Policemen’s Pension and Relief Fund, 2.5 mills for Fayetteville Public Library Operations and 1.2 mills for the Fayetteville Public Library Expansion; and certifying the same to the County Clerk of Washington County, Arkansas. City Attorney Kit Williams read the ordinance. Paul Becker, Chief Financial Officer: Annually at this time of the year we bring forward the Mayor’s recommendation for property taxes to the Council. This year we are recommending the same amount we had last year. That is 2.3 mills for General Fund Operations, 2.5 mills for Library Operations, 1.2 mills for the Public Library Expansion to pay the bonds, 0.4 mills for the Police Pension and Relief Fund, and 0.4 mills for the Firemen’s Pension and Relief Fund. 6.8 mills is what the recommendation was for last year. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. City Council Meeting Minutes September 20, 2022 Page 17 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Ordinance 6601 as Recorded in the office of the City Clerk RZN 22-037: (SE of W. 18th St & W. Custer Ln/Southern Living Construction LLC): An ordinance to rezone that property described in rezoning petition RZN 22-037 located southeast of West 18th Street and West Custer Lane in Ward 1 for approximately 3.10 acres from RMF-24, Residential Multi-Family, 24 units per acre and C-1, Neighborhood Commercial to RI-U, Residential Intermediate-Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of this ordinance. He stated the Applicant noted in their request they intend to develop it with single or two family dwellings. He stated from a long-range perspective, staff finds the request to be complementary of the future land use map. He spoke briefly of receiving concerned public comments and about the tour Council had of the property. He stated staff is recommending in favor of the request and the Planning Commission voted unanimously 7-0 to forward the request to the City Council. Brian Teague, Community by Design: I am representing the property owner. We are requesting the Council rezone this property from C-1 and RMF-24 to RI-U. Many might consider this to be a downzone, but we are willing to forego the commercial use, multifamily use and the five-story maximum height to trade that for what RI-U has to offer, which is three story height maximum and more flexible lot standards. Hopefully those would help us navigate the constraints of the site, stream, trees, utilities etc. Council Member Turk: Jonathan, thank you for trying to address the issue with that slope of the different height of the stream bank. Were you or Alan able to do some calculations or drawings about how that might affect this property where those protections would be bounded? Jonathan Curth: He was not. I learned a lot more about the streamside protection ordinance than I knew before this day started. The way it’s calculated is, assuming taking this property is a good example, the stream is protected from property line to property line. When a property is reviewed with a protected stream a point is taken at each property line and then every 100 feet in between. If at those points that 15% slope is present, that sets a standard for that portion as far as its development goes. You don’t do a section of the stream the entire length of it, it’s intended to be a general survey of the stream along its route. It looks more like a polygon rather than a linear curve. Council Member Turk: Could you describe the variance process if this is approved and the applicant wanted a variance with the streamside protection? Jonathan Curth: At the highest level, streamside protection variances go to our Planning Commission. Staff makes a recommendation like a Planning staff would on a Planning item. Depending on what the variance is, could result in different conditions being formulated. The typical variance the Planning Commission sees relates to disturbance in either the management or waterside zone. If it’s needing to place portions of a structure or a footing, Alan Pugh representing City Council Meeting Minutes September 20, 2022 Page 18 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov the Engineering Division, formulates a series of conditions that work to offset any intrusion. It usually comes with a lot of streambank repair and native planting. If it’s something more intrusive, like a crossing, the expectation is any crossing will span the breadth of the streamside protection area. If that is not feasible, the Engineering Division requires a determination of ‘no feasible alternative’. When that is determined, there’s a few different design options which could include incorporating a culvert or boxes in the stream where you can cut out the bottom of the box to preserve the stream bed or you have to bury the box to try to preserve the streambed. Engineering works to formulate conditions that try to either minimize or offset the impact by streambank restoration or native planting along the stream. Council Member Turk: When you determine there is no feasible alternative, is that showing a hardship? Is that the equivalent to that? Jonathan Curth: It is. It can vary. It can be conditions on the site, cost related and it’s one they have to evaluate internally. The variance would still go to the Planning Commission for public hearing. Council Member Turk: When you model, are you modeling on a 10 year flood or 25 year flood? Jonathan Curth: Mr. Brown, could you answer that? Chris Brown, Public Works Director: The question is related to the modeling overall for drainage or just for the streamside? Council Member Turk: It would be for this piece of property for streamside. Chris Brown: If you’re trying to determine the limits of the streamside protection zone, you start with the identified top of the bank. We typically expect the surveyor to determine what that is. Everything is then measured from the top of the bank, so it’s not related to a storm event or anything like that. It’s more the physical characteristic of the stream itself. Council Member Wiederkehr: I received a comment from a resident this was within an affordable neighborhood with modest homes and their hope was whatever is developed would then be potentially obtainable to young families. I agree with the applicant about moving from a larger five story apartment building to single family or duplex homes would be more in keeping with the context of this neighborhood. I think that is a step in a favorable direction. Mayor Jordan: I live in that area which is a very modest neighborhood. We live in some of those houses the Kelly Brothers put together. Those are all pretty much scalable. Mr. Teague, how would you get into that property? Brian Teague: The most likely plan would be a driveway coming off Custer and going east. We would most likely try to cross the stream and some type of courtyard style development in the southeast corner of the property. City Council Meeting Minutes September 20, 2022 Page 19 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk stated her thanks to Mr. Teague for being at the tour and thanked Jonathan for organizing the tour. Council Member Turk: Jonathan, could you put up some of the photos I took? It might be helpful for the other Council Members that were not present at the tour. There are a lot of limitations with what can be developed at the property. I am concerned about the stream and I hope there are no variances requested. Council Member Turk described the photos she took at the tour. Mayor Jordan and Council Member Turk described the concrete that was in the stream. Mayor Jordan: RI-U is better than a five-story apartment building. I was a sponsor of the Streamside Protection Ordinance in 2011 and I didn’t bring that to do variances on it. I did that to protect our stream because of the erosion we were having due to over construction. I want you to know that in the future, if there is a variance in that streamside protection, I wouldn’t be supporting that at all. Council Member Harvey: I want to hold this item. I have a lot of business going on with various items and I was not able to invest as much time in this item for Ward 1. I got to make it to the tour. It’s thick in there and my concern is just because we did this buying out of the West End Apartments, I feel like we’re going to create a similar type issue. I agree the RI-U is more appropriate, but that isn’t my concern. I feel like if we put any housing near the stream, it’s going to be something that will cause issues for residents and water. I would prefer for us to hold this and reach out to more of the neighbors in the area. Council Member Jones: I’ve had a few residents reach out to me and I agree with Council Member Harvey. I would like to hold this and have more conversation around it. This ordinance was left on the First Reading. RZN 22-039 (726 W. Taylor St/BDM Realty LLC): An ordinance to rezone that property described in rezoning petition RZN 22-039 located at 726 West Taylor Street in Ward 2 for approximately 0.70 acres from RMF-40, Residential Multi-Family, 40 units per acre to RI-U, Residential Intermediate-Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of this ordinance. He stated he has not received any public comment on the request and that staff recommends in favor. Planning Commission felt similarly and forwarded it to the City Council with a vote of 7-0. Gavin Smith, Civil Engineer stated he is joined tonight by the owner of the property and he is available for questions. City Council Meeting Minutes September 20, 2022 Page 20 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Kinion spoke briefly of how there is not a lot of residential single family in the area that is not affiliated with the university. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Wiederkehr spoke of how he feels the site is underutilized and it would be an ideal property to redevelop. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6602 as Recorded in the office of the City Clerk RZN 22-031 (110 S. University Ave./Robson): An ordinance to rezone that property described in rezoning petition RZN 22-031 located at 110 South University Avenue in Ward 2 for approximately 0.20 acres from I-1, Heavy Commercial and Light Industrial to MSC, Main Street Center. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of this ordinance. He stated staff is recommending in favor of the request. He stated a member of the public spoke in favor of the request at the Planning Commission. He stated the Planning Commission forwarded this to Council by a vote of 7-0 with limited discussion. Marcia Robson, Applicant spoke of her history with the property. She stated her reasoning for the rezone is so she could potentially have a business within her home to supplement her income. Council Member Turk: Thank you for explaining your rational for MSC. You can go all the way up to seven stories. Marcia Robson: I’m not going to do that. I can’t afford to do that. Council Member Turk: Your rational was just being able to live and work in the same and having that flexibility? City Council Meeting Minutes September 20, 2022 Page 21 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Marcia Robson: Yes. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey: I’m interested in this live/work conversation with this being right there at the Ramble. Jonathan, when she is saying live/work, my ideal situation for an artist or for Ms. Robson is she can have a shop underneath and then live above. Is that the case? She can have some type of a small-scale production on this list and then potentially live above or behind, is that allowed? Jonathan Curth: That would be from a zoning standpoint under Main Street Center. Building Code may be another question. I think what Ms. Robson’s main concern is the Industrial zoning doesn’t allow her house as it is today. It could remain as a non-conforming use but modifying it would be not allowed, especially not to modify it to a live/work arrangement. Given the terrain of the property and the setbacks, she is needing as much flexibility as possible to be able to use it in that manner. Council Member Harvey: I just want to make sure, and I’m sure you guys have already worked with her to confirm that. As we are looking at continuing to advance the Ramble and live/work type situations with artists potentially having a studio space and maybe creating more artworks of lower level and then living above. She was saying this was one of the only zonings available for her to do that. I’m wanting to confirm that configuration they can be there at the same time because I’m seeing the uses are there. Can we have a small-scale production facility and a home in the same space? Jonathan Curth: Yes. Typically, an artist studio would be classified as an office in our Code if you’re looking at the packet, Use Unit 25 is an allowed use. There are other zoning districts that would afford her the opportunity to do what she wants, but probably not on this property given the size and how the house is situated. That’s where her concerns come from and Planning staff evaluating zoning districts that would afford her this opportunity, how they landed on the Main Street Center zoning district for this request. Council Member Harvey spoke briefly of how she wanted to confirm the information for the applicant and about potentially bringing it forward for other properties in Fayetteville. Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. City Council Meeting Minutes September 20, 2022 Page 22 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Ordinance 6603 as Recorded in the office of the City Clerk RZN 22-032 (115 & 121 S. University Ave./Robson): An ordinance to rezone that property described in rezoning petition RZN 22-032 located at 115 and 121 South University Avenue in Ward 2 for approximately 0.60 acres from RMF-40, Residential Multi-Family, 40 units per acre to DG, Downtown General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of this ordinance. He stated staff did not support the request to rezone the property to Main Street Center. He stated the Planning Commission amended the request to Downtown General before forwarding it to the City Council by a vote of 6-1. He explained there was public comment received in favor of the rezone. Marcia Robson, Applicant: These three houses were bought over the course of the last 30 years. Two of these houses sit back from each other. One is on the 1908 map and the other is not. I suspect it was built later as a mother in law house. There’s 75 feet across the front of it and what I would like to do is be able to separate those two houses so they each have their own parcel. The Downtown General zoning allows me to do that because I can have an 18 foot wide lot so the mother in law house that sits behind the larger house would fit in there and allow me to go ahead and leave the larger house on the 50 feet. That was one of my main concerns. We added a parking lot in front of those two houses so there is 50 feet of parking now off the street. It was originally a single-family home until someone bought it and put a wall down the middle and made it into two apartments. When we remodeled it, we took the wall out of the middle and turned it back into a single-family unit. We left the two front doors and added the third door in front of the staircase. Now that it has three doors across the front and parking, it lends itself for people to be able to run a business and live in their home. Currently we’re just renting it to a couple. Someone mentioned it being a duplex; there is another unit over it. That unit enters in from the back of the house but that’s not the issue for me. It’s just mainly being able to separate it and having some flexibility in what people can do. Council Member Turk: I’m wondering if there were other zoning types because there’s no Downtown General zoning type in this area. Are there zoning types that you all explored that would allow you to split those two houses? Marcia Robson: I looked at different ones and thought about Main Street Center, but Downtown General is perfect. Right next to 115 is a vacant lot and there is another house after that and on the other side of Putnam Street; that’s all zoned Downtown General. It’s the Eco Flats Apartments. Further down the street from my house on the other side there’s apartments and duplexes that are all zoned Main Street Center. It’s not that different from the rest of the lots. Council Member Turk: Thank you. Holly showed me the map a little further out, you’re right. Council Member Wiederkehr: Jonathan, this would not create a flag lot. This would be a separate stand-alone lot with 18 feet of width and street frontage? City Council Meeting Minutes September 20, 2022 Page 23 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Jonathan Curth: That’s what she’s described, yes. To Council Member Turk’s question, there is not a zoning district that allows 18 foot lots and the potential for having a live/work arrangement on the property. We have RI-U, which allows 18 foot lots. All the other zoning districts allow 18 foot lots also and allow increasing degrees of nonresidential use like DG and MSC. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan: Jonathan, have we had any public comment? Jonathan Curth: There was a phone call prior to the Planning Commission meeting, in favor of this item. There was comment at the meeting in favor of the previous item. I don’t know if either caller distinguished between the two items or not, but both were in favor of the two requests. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6604 as Recorded in the office of the City Clerk RZN 22-033 (SE of S. Smokehouse Trail & W. Martin Luther King Jr. Blvd./McNeal Family Investments): An ordinance to rezone that property described in rezoning petition RZN 22-033 located southeast of South Smokehouse Trail and West Martin Luther King, Jr. Boulevard in Ward 1 for approximately 2.09 acres from R-A, Residential Agricultural to UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated there was public comment expressed in favor of this item and staff is in favor. He stated the commission is in favor of the request and forwarded it unanimously 7-0. He gave a brief explanation of the discussion from the commission saying they would hold a variance request to a high standard. Marcia Woody, Applicant spoke briefly of the McNeal family wanting the property to be rezoned so a developer could potentially purchase and put the property to its best use. Council Member Turk: Jonathan, I’m a little confused about the Master Street Plan where you showed that slide. Where is that? Is that a requirement or a plan? Is it just something on the map? If you could clarify I would appreciate it. City Council Meeting Minutes September 20, 2022 Page 24 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Jonathan Curth: As far as our Master Street Plan goes, it is the guiding transportation document for the city. It is most readily enshrined in a map that shows all the streets of the city. Some of them don’t have any particular designation. Most of those are existing streets just as they are. There have been specific streets called out in Fayetteville that are intended to serve a specific function in the city, typically it’s the movement of traffic and ensuring they are built to adequately carry certain volumes of traffic. When it comes to this one, this street section was adopted by the City Council. A section of Smokehouse between Rupple to the north and where Smokehouse transitions into Hoot Owl to the south, this has been applied to that. When a developer comes into the city on this or any other property, one of our first thoughts is to evaluate it in terms of our Master Street Plan. Those are the baseline expectations for how they develop their street frontage. You hear me talk about it in terms of if you build a house you might have to build a sidewalk or if you build an apartment complex you might build sidewalk, curb and gutter. In this instance, it may be they contribute to building it out to its parking on the west side, but then preserving that natural buffer area on its east side. The Master Street Plan gives staff the leverage to be able to require a specific design from an applicant whereas it might just fall to our standard street sections with sidewalk on both sides, street trees and turf grass. Council Member Turk: In other words, you’re able to negotiate something that would be similar to this 36 foot natural buffer area? Jonathan Curth: Correct. Council Member Turk: If you weren’t able to negotiate that, this would be preserved because we approved it? Jonathan Curth: This has a higher likelihood of being applied because you’re not requiring any street improvements. You’re just requiring right-of-way dedication. In this instance, when a development comes in from the center line of Smokehouse onto the property to the east, they would have to dedicate right-of-way. It would encompass this natural area, which would then be the city’s to hold. Council Member Turk: Thank you for clarifying. The City Council received three public comments regarding this ordinance. Council Member Wiederkehr: Jonathan, do you have an estimate on the amount of street frontage it has on the 36 foot tree canopy easement? I’m wanting to see what percentage on that frontage the 36 feet is. Jonathan Curth: The length of the frontage extends south from MLK about 237 feet. Council Member Wiederkehr: In addition to the 15% tree canopy, we are going to get the 36 feet of additional existing tree canopy that’s preserved before the 15% gets calculated, correct? Jonathan Curth: Yes, in the sense that trees in the right-of-way cannot be contributed to that canopy requirement. The foresters don’t count trees in right-of-way. City Council Meeting Minutes September 20, 2022 Page 25 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr: Thank you. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked if Council Member Jones and Council Member Harvey have been contacted regarding this item. Council Member Jones stated he has not been contacted and Council Member Harvey stated she has received letters of support. Council Member Turk: Jonathan, we have 36 feet of right-of-way that’s going to protect those trees and then if we rezone it, there’s the 15%. Does that get us close to 25% tree protection under the current zoning? Jonathan Curth: I’ve not calculated the amount of existing right-of-way and how far we go into the property. I don’t know that number off hand. Council Member Turk: I’m guessing it’s beyond our powers that we could limit this further, that we just do a straight rezoning to UT? In other words, we can’t place additional conditions on the zoning. Would that be accurate, Kit? City Attorney Kit Williams: That is correct. There was a motion and a second to go to the third and final reading. Once the roll call began and it came to Council Member Turk’s turn to vote yes or no, she requested to know if the vote could stop and she preferred to table the ordinance instead. City Attorney Kit Williams said, “At this point I think the motion is being voted on, so we probably need to continue with the vote and see if it gets to a 2/3 vote that it will require to pass.” The vote continued as recommended by Mr. Williams. 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 7-1. Council Members Wiederkehr, Scroggin, Bunch, Hertzberg, Harvey, Jones and Kinion voting yes. Council Member Turk voting no. City Attorney Kit Williams read the ordinance. Council Member Harvey stated her thanks to Frank Sharp and the neighbors for coming together to do the extra tree canopy suggestion and she is looking forward to seeing how it will come to fruition. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6605 as Recorded in the office of the City Clerk City Council Meeting Minutes September 20, 2022 Page 26 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov RZN 22-036 (6040 W. Wedington Dr./Houston): An ordinance to rezone that property described in rezoning petition RZN 22-036 located at 6040 West Wedington Drive in Ward 4 for approximately 0.39 acres from R-A, Residential Agricultural to RSF-4, Residential Single-Family, 4 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated from a compatibility standpoint staff is in favor of the request and he has received several public comments regarding being okay with the applicant rezoning the property, but they reject the request that’s currently at the Planning Commission. He spoke briefly of Planning Commission being in favor of the request. Mayor Jordan: Is the applicant here? Jonathan Curth: Nikki Littrell is the applicant. I was not able to get ahold of them before the meeting and I don’t see them in person or online. Mayor Jordan: Council Member Hertzberg, have you heard anything? Council Member Hertzberg: We have not. 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 unanimously. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6606 as Recorded in the office of the City Clerk RZN 22-038 (201 E. Spring St./Teague): An ordinance to rezone that property described in rezoning petition RZN 22-038 located at 201 East Spring Street in Ward 1 for approximately 0.20 acres from RMF-24, Residential Multi-Family, 24 Units per acre to RI-U, Residential Intermediate-Urban. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes September 20, 2022 Page 27 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff finds the request to be compatible. He spoke about the applicant preparing a Bill of Assurance to potentially include a higher standard of setback, but staff didn’t feel this was necessary. He stated the RI-U district offers inherent protections and contextualization for the neighborhood. He stated the Planning Commission agreed and the Bill of Assurance was not forwarded to the City Council. He stated there was one public comment in favor of the request. He stated staff is recommending in favor and the Planning Commission forwarded it to City Council unanimously. Brian Teague, Applicant spoke about the history of RI-U zoning at the City of Fayetteville and stated he has used that zoning multiple times as a tool to create good development. He spoke about previous projects he has built in the city. He stated he would like to see the whole area rezoned to RI-U. Council Member Turk: What is the frontage width of the current property we are evaluating? Jonathan Curth: It looks to be about 50 to 55 feet, but Mr. Teague probably has a recent survey. Brian Teague: It’s 50 feet. Council Member Hertzberg: Mr. Teague, I really like the two projects you have done in the past and I would love to see something like that here. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey: I am familiar with Mr. Teague’s work and I am a fan of it. I liked Mr. Teague’s recommendation of potentially changing all the RMF-24 to RI-U. I might follow up about that with Jonathan Curth. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6607 as Recorded in the office of the City Clerk Announcements: City Council Meeting Minutes September 20, 2022 Page 28 of 28 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Lisa Thurber, Communications & Marketing Director gave a brief discussion of the events going on in the City of Fayetteville. All information can be viewed on the City of Fayetteville website. There was a discussion when ward meetings would be held. Calendar dates are on the city’s website. Council Member Jones announced a walk at Gulley Park to end the mental health stigma on September 24, 2022. City Council Agenda Session Presentations: Agenda Session Presentation - Paul Becker 2023 Levy Request and General Fund Projected Budget. City Council Tour: Southern Living Construction LLC Rezoning Tour (Agenda Item 2022-0787) Date: September 19th, 2022, Time: 4:00 PM, Address: Unaddressed; Four lots south of W. 18th St./W. Custer Ln. on the east side of Custer. Location of prominent overhead electric transmission tower, Parking: Parking is available on-street along the west side of Custer Lane, Request: Rezone the property from RMF-24, Residential Multi-Family, 24 Units per Acre, and C-1, Neighborhood Commercial, to RI-U, Residential Intermediate-Urban. Adjournment: 9:48 p.m. _____________________________ __________________________________ Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer The Fayetteville Arts Council To: Fayetteville City Council From: The Fayetteville Arts Council: City Council member Sonia Harvey, Arts Council Chair Jessica DeBari 06/30/24, Chloe Bell, Arts and Culture Citizen-at-Large 06/30/25; Abby Hollis, Working Artist 06/30/25, Lara Hightower, Arts and Culture Citizen-at-Large 06/30/25; Robert Stafford, Working Artist 06/30/25; Dwain Cromwell, Working Artist 06/30/23; Emily Miller, Working Artist 06/30/24; Alexandra Vasile, Arts and Culture Citizen-at-Large 06/30/23. Date: 10/18/2022 Re: AGENDA ITEM REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED-USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE Comments: The Fayetteville Arts Council met with Rob Sharp this July to discuss arts integration in the planned hotel and civic plaza proposed for construction. The citizens of Fayetteville expect the arts corridor to serve as a cultural space that will enhance quality of life for all our citizens, not just visitors to our city. During our meeting with Mr. Sharp we were pleased that he was receptive to a series of proposed public/private art integrations which will ensure that the hotel and plaza mixed use spaces fulfill citizen's expectations for arts and culture. We are hopeful that some of the ideas discussed will be integrated into the project in a meaningful way. The first planned integration would be to form a specific "Ramble Hotel Artists Collaborative Committee" within the Arts Council, which would consult and advise on local artists who may display their work in the lobby gallery space of the hotel. A potential artist residency aspect for the hotel was also discussed, and we are eager to drive further discussion of the implementation of such a program. Rotating local artist installations were also discussed for dining spaces. We discussed the visual need for an artistic endpoint to the water feature of the civic plaza. Mr. Sharp expressed an agreement that this visual endpoint of a sculpture/installation/or fountain would make sense at the west point of the water feature. However, we have not been able to have a follow up meeting about where funding might come from toward purchasing such a piece. It is our recommendation that an artistic feature for this location be integrated in the civic plaza as a part of the final plan. The final part of the plan which we discussed is programming. We are so pleased that Mr. Sharp is planning to support performing art programming in partnership with and other local performance venues. We are hopeful to see more details about potential performance settings and schedules as an integral part of the mixed-use spaces. The Fayetteville Arts Council is broadly supportive where development projects enhance and provid e opportunities for our local arts community. 2022-0919 Information submitted by Arts and Cultural Director, Joanna Bell, via email during the City Council meeting on 10/18/22. Tuesday, October 11, 2022 4:30 PM City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Hall Room 219 Council Member Sonia Harvey Ward 1 Council Member D'Andre Jones Ward 1 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 Treasurer Kara Paxton City Council Members City Council Tentative Agenda October 11, 2022City Council Agenda Session Tentative Agenda Zoom Information: Public Registration Link: https://us06web.zoom.us/webinar/register/WN_-t61MK9URx6J89BX6Irv3g Webinar ID: 827 1022 9384 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions 1.2022-0727 ASSISTANT FIRE CHIEF WILLIAM WATTS SPECIAL RECOGNITION City Council Meeting Presentations, Reports and Discussion Items: A. Consent: A.1 2021-1060 APPROVAL OF THE SEPTEMBER 20, 2022 CITY COUNCIL MEETING MINUTES A.2 2022-0883 PER CAPITA JAIL FEE AGREEMENT: A RESOLUTION TO APPROVE THE PER CAPITA JAIL FEE AGREEMENT WITH WASHINGTON COUNTY FOR JAIL SERVICES IN 2023 IN THE AMOUNT OF $76,421.40 A.3 2022-0911 FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $197,483.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES Page 2 City of Fayetteville, Arkansas Printed on 10/12/2022 October 11, 2022City Council Agenda Session Tentative Agenda A.4 2022-0915 2022 BULLETPROOF VEST PARTNERSHIP GRANT AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A MATCHING GRANT AWARD FROM THE 2022 BULLETPROOF VEST PARTNERSHIP PROGRAM IN THE AMOUNT OF $19,184.00 FOR THE REPLACEMENT OF BODY ARMOR VESTS AND OUTFITTING NEW OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT A.5 2022-0923 2023 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2023 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $143,000.00, AND TO APPROVE A BUDGET ADJUSTMENT A.6 2022-0918 1010 SOUTH HOLLYWOOD AVENUE REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $79,149.00 RECOGNIZING REVENUE ASSOCIATED WITH THE SALE OF CITY OWNED PROPERTY LOCATED AT 1010 SOUTH HOLLYWOOD AVENUE A.7 2022-0957 G & W DIESEL/EVS FIRE APPARATUS: A RESOLUTION TO APPROVE THE PURCHASE OF A NEW RESCUE FIRE APPARATUS FROM G & W DIESEL/EVS IN THE AMOUNT OF $1,300,000.00 PLUS ANY APPLICABLE SALES TAX AND DELIVERY CHARGES, PURSUANT TO A HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE FAYETTEVILLE FIRE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT - FIREFIGHTING FACILITIES IMPROVEMENTS BOND PROJECT Page 3 City of Fayetteville, Arkansas Printed on 10/12/2022 October 11, 2022City Council Agenda Session Tentative Agenda A.8 2022-0922 NORTHWEST ARKANSAS RAZORBACK GREENWAY OPERATIONS AND MANAGEMENT PLAN UPDATE: A RESOLUTION TO APPROVE AN UPDATED NORTHWEST ARKANSAS RAZORBACK GREENWAY OPERATIONS AND MANAGEMENT PLAN FOR THE SECTIONS OF THE RAZORBACK REGIONAL GREENWAY WITHIN THE CITY OF FAYETTEVILLE A.9 2022-0928 STRIBLING EQUIPMENT: A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF INSPECTION AND REPAIR SERVICES FROM STRIBLING EQUIPMENT TO INSPECT AND REPAIR VARIOUS EQUIPMENT AS NEEDED THROUGH THE END OF 2022 AND WITHIN THE APPROVED BUDGET A.10 2022-0929 J&R EQUIPMENT: A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF ORIGINAL EQUIPMENT MANUFACTURER PARTS FROM J&R EQUIPMENT IN THE AMOUNT OF $41,945.59 FOR THE REPAIR OF ACCIDENT DAMAGE TO A REFUSE TRUCK A.11 2022-0925 MILLER BOSKUS LACK ARCHITECTS, P.A AMENDMENT 1 AGREEMENT: A RESOLUTION TO APPROVE AMENDMENT 1 TO THE PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH MILLER BOSKUS LACK ARCHITECTS, P.A IN THE AMOUNT OF $439,290.00 FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE REPLACEMENT OF FIRE STATION NO. 2, AND TO APPROVE A BUDGET ADJUSTMENT - FIREFIGHTING FACILITIES IMPROVEMENTS BOND PROJECT Page 4 City of Fayetteville, Arkansas Printed on 10/12/2022 October 11, 2022City Council Agenda Session Tentative Agenda B. Unfinished Business: B.1 2022-0878 AMEND §118.01 APPLICABILITY, §151.01 DEFINITIONS AND §163.18 SHORT-TERM RENTALS: AN ORDINANCE TO AMEND §118.01 APPLICABILITY OF THE FAYETTEVILLE CITY CODE, AND § 151.01 DEFINITIONS AND §163.18 SHORT-TERM RENTALS OF THE UNIFIED DEVELOPMENT CODE TO REMOVE THE CONDITIONAL USE PERMIT REQUIREMENT FOR TYPE 2 SHORT-TERM RENTALS, AND TO REPEAL THE SUNSET PROVISION At the October 4, 2022 City Council meeting, this ordinance was left on the first reading. C. New Business: C.1 2022-0919 REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED-USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE C.2 2022-0917 AMEND §73.05 RIDING ON SIDEWALKS: AN ORDINANCE TO AMEND § 73.05 RIDING ON SIDEWALKS OF THE FAYETTEVILLE CITY CODE TO ALIGN WITH STATE LAW REGARDING THE RIGHTS AND DUTIES OF A PERSON OPERATING A BICYCLE IN A CROSSWALK Page 5 City of Fayetteville, Arkansas Printed on 10/12/2022 October 11, 2022City Council Agenda Session Tentative Agenda C.3 2022-0921 §72.02 NONCONSENSUAL, POLICE-INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES: AN ORDINANCE TO AMEND §72.02 NONCONSENSUAL, POLICE-INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES TO ALLOW TOWING OF A TRAILER BLOCKING AN ALLEY C.4 2022-0930 RZN 22-035 (6074 W. WEDINGTON DR./HOUSTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-035 LOCATED AT 6074 WEST WEDINGTON DRIVE IN WARD 4 FOR APPROXIMATELY 2.43 ACRES FROM R-A, RESIDENTIAL-AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE C.5 2022-0931 RZN 22-044 (170 E. MOUNTAIN ST./TWIN SUMMIT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-044 LOCATED AT 170 EAST MOUNTAIN STREET IN WARD 1 FOR APPROXIMATELY 0.12 ACRES FROM RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO DG, DOWNTOWN GENERAL C.6 2022-0938 VAC 22-022 (3615 N STEELE BLVD/JJ'S LIVE): AN ORDINANCE TO APPROVE VAC 22-022 FOR PROPERTY LOCATED AT 3615 NORTH STEELE BOULEVARD IN WARD 3 TO VACATE A PORTION OF A UTILITY EASEMENT Proposed Agenda Additions: Page 6 City of Fayetteville, Arkansas Printed on 10/12/2022 October 11, 2022City Council Agenda Session Tentative Agenda 1.2022-0963 AMEND ORDINANCE 6010 FOR VIP CLUB: AN ORDINANCE TO AMEND ORDINANCE 6010 AND CHANGE THE APPROVED CLOSING TIME FOR VIP CLUB FROM 1:30 A.M. TO 2:00 A.M. D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment Page 7 City of Fayetteville, Arkansas Printed on 10/12/2022 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0727 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Meeting Agenda Number: 1. ASSISTANT FIRE CHIEF WILLIAM WATTS SPECIAL RECOGNITION Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2021-1060 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Meeting Agenda Number: A.1 APPROVAL OF THE SEPTEMBER 20, 2022 CITY COUNCIL MEETING MINUTES Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0883 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.2 PER CAPITA JAIL FEE AGREEMENT: A RESOLUTION TO APPROVE THE PER CAPITA JAIL FEE AGREEMENT WITH WASHINGTON COUNTY FOR JAIL SERVICES IN 2023 IN THE AMOUNT OF $76,421.40 WHEREAS, the City of Fayetteville and Washington County entered into an Interlocal Agreement for Jail Services on October 19, 2004, and the City paid a set booking fee per booked prisoner through 2019; and WHEREAS, on September 19, 2019, the Washington County Quorum Court passed an ordinance changing the one-time booking fee to a daily jail fee of $63.12 per prisoner per day for all charges which has the potential to significantly multiply the City’s annual payment for jail services; and WHEREAS, Washington County has developed an alternative per capita jail fee based on the jail’s projected budget shortfall and population estimates for municipalities; and WHEREAS, Chief Reynolds recommends approval of an agreement with Washington County that provides for payment of the per capita fee rather than the daily fee for keeping City of Fayetteville prisoners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Per Capita Jail Fee Agreement with Washington County for jail services in 2023 in the total amount of $76,421.40. A copy of the Agreement is attached to this Resolution and made a part hereof. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0911 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.3 FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $197,483.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES 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 $197,483.00 recognizing revenue associated with federal and state law enforcement forfeitures. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Requestor: 10/18/2022 2022-0911 D - (City Council) 10/18/2022 / TOTAL 197,483 197,483 Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 1010.200.2920-4504.00 - 44,033 33046 1 RE Forfeitures - Federal 1010.200.2920-5802.00 44,033 - 33046 1 EX Vehicles & Equipment - base 1010.200.2920-4308.02 - 41,978 33045 1 RE Public Safety Acts - Police Law Enforcement Trust 1010.200.2920-5802.00 41,978 - 33045 1 EX Vehicles & Equipment - base 2930.200.2960-4503.00 - 111,472 33043 1 RE Forfeitures - DTF 2930.200.2960-5378.00 111,472 - 33043 1 EX Dtf Program Income Exp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.20220919 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# Reconcile and establish revenue and expense budgets for state and federal forfeitures received through August 31, 2022. COUNCIL DATE: CHKD/POSTED: LEGISTAR FILE ID#: Adjustment Number 2022 Willie Newman POLICE (200)Division /Org2 GLDATE: Budget Director Date Holly Black 9/21/2022 11:11 AM TYPE: JOURNAL #: H:\Budget Adjustments\2022_Budget\CITY COUNCIL\10-18-22\2022-0911 BA Police Forfeitures 1 of 1 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0915 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.4 2022 BULLETPROOF VEST PARTNERSHIP GRANT AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A MATCHING GRANT AWARD FROM THE 2022 BULLETPROOF VEST PARTNERSHIP PROGRAM IN THE AMOUNT OF $19,184.00 FOR THE REPLACEMENT OF BODY ARMOR VESTS AND OUTFITTING NEW OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of a matching grant award from the 2022 Bulletproof Vest Partnership Grant Program in the amount of $19,184.00 for the replacement of body armor vests and outfitting new officers with body armor. 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. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Requestor: 10/18/2022 2022-0915 D - (City Council) 10/18/2022 / TOTAL 19,184 19,184 Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 1010.200.2920-4309.01 - 19,184 37042 2022 RE Federal Grants - Operational 1010.200.2920-5210.00 19,184 - 37042 2022 EX Minor Equipment - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.20220919 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# Establishing revenue and expense accounts for the 2022 Bulletproof Vest Partnership in the amount of $19,184. COUNCIL DATE: CHKD/POSTED: LEGISTAR FILE ID#: Adjustment Number 2022 T Tannehill POLICE (200)Division /Org2 GLDATE: Budget Director Date Holly Black 9/27/2022 1:19 PM TYPE: JOURNAL #: H:\Budget Adjustments\2022_Budget\CITY COUNCIL\10-18-22\2022-0915 BA Police BVP Grant 1 of 1 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0923 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.5 2023 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2023 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $143,000.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of a 2023 Selective Traffic Enforcement Program (STEP) grant award in the amount of $143,000.00. 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. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Requestor: 10/18/2022 2022-0923 D - (City Council) 10/18/2022 / TOTAL 143,000 143,000 Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 1010.200.2920-4309.01 - 133,000 31607 2223.4309 RE Federal Grants - Operational 1010.200.2920-4302.01 - 10,000 31607 2223.4302 RE State Grants - Operational 1010.200.2920-5120.00 122,300 - 31607 2223.4309 EX Personnel Other - Contra 1010.200.2920-5210.00 10,700 - 31607 2223.4309 EX Minor Equipment 1010.200.2920-5210.00 10,000 - 31607 2223.4302 EX Minor Equipment - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.20220919 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# Establish revenue and expense accounts for the FY2023 Selective Traffic Enforcement Project grant award. COUNCIL DATE: CHKD/POSTED: LEGISTAR FILE ID#: Adjustment Number 2022 W. Newman POLICE (200)Division /Org2 GLDATE: Budget Director Date Holly Black 9/28/2022 7:24 AM TYPE: JOURNAL #: H:\Budget Adjustments\2022_Budget\CITY COUNCIL\10-18-22\2022-0923 BA Police STEP Grant 1 of 1 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0918 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.6 1010 SOUTH HOLLYWOOD AVENUE REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $79,149.00 RECOGNIZING REVENUE ASSOCIATED WITH THE SALE OF CITY OWNED PROPERTY LOCATED AT 1010 SOUTH HOLLYWOOD AVENUE 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 $79,149.00 recognizing revenue associated with the sale of city owned property located at 1010 South Hollywood Avenue. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Requestor: 10/18/2022 2022-0918 D - (City Council) 10/18/2022 / TOTAL 79,149 79,149 Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4470.001.9470-4881.02 - 79,149 16002 1 RE Gain/Loss - Sale of Assets 4470.300.8300-5210.00 79,149 - 16002 1 EX Minor Equipment - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - GLDATE: Budget Director Date Holly Black 9/26/2022 12:46 PM TYPE: JOURNAL #: Adjustment Number 2022 Brad Hardin FIRE (300)Division /Org2 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.20220919 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# Adjustment of Funds to utilize the revenue received from the sale of property located at 1010 S. Hollywood Ave. The funds will be moved to the Capital Improvement expense account of Firefighter Safety Equipment. These funds will be utilized for purchasing bailout system lifesaving firefighter safety equipment. COUNCIL DATE: CHKD/POSTED: LEGISTAR FILE ID#: H:\Budget Adjustments\2022_Budget\CITY COUNCIL\10-18-22\2022-0918 BA Fire Lot Sale at Station 6 1 of 1 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0957 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.7 G & W DIESEL/EVS FIRE APPARATUS: A RESOLUTION TO APPROVE THE PURCHASE OF A NEW RESCUE FIRE APPARATUS FROM G & W DIESEL/EVS IN THE AMOUNT OF $1,300,000.00 PLUS ANY APPLICABLE SALES TAX AND DELIVERY CHARGES, PURSUANT TO A HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE FAYETTEVILLE FIRE DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT - FIREFIGHTING FACILITIES IMPROVEMENTS 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 approves the purchase of a new rescue fire apparatus from G & W Diesel/EVS in the amount of $1,300,000.00 plus any applicable sales tax and delivery charges, pursuant to a Houston-Galveston Area Council cooperative purchasing contract, for use by the Fayetteville Fire Department. 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. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Requestor: 10/18/2022 2022-0957 D - (City Council) 10/18/2022 / TOTAL - - Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4610.860.7150-5802.00 1,300,000 - 46100 7150.6300 EX Vehicles & Equipment - base 4610.860.7999-5899.00 (1,300,000) - 46100 7999 EX Unallocated - Budget - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.20220919 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# Approval of a resolution to purchase a new rescue fire apparatus for use by the Fayetteville Fire Department from G & W Diesel/EVS through the Houston-Galveston Area Council (HGAC) Contract #FS12-19 Member #14-3975. The purchase amount will be $1,296,704.00 plus $3,296 for the performance and payment bond, for a total of $1,300,000.00 using the bonded pre-pay net discount; and approval of a budget adjustment. COUNCIL DATE: CHKD/POSTED: LEGISTAR FILE ID#: Adjustment Number 2022 Brad Hardin FIRE (300)Division /Org2 GLDATE: Budget Director Date Holly Black 9/30/2022 11:09 AM TYPE: JOURNAL #: H:\Budget Adjustments\2022_Budget\CITY COUNCIL\10-18-22\2022-0957 BA_Fire Apparatus Purchase_BOND Funding 1 of 1 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0922 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.8 NORTHWEST ARKANSAS RAZORBACK GREENWAY OPERATIONS AND MANAGEMENT PLAN UPDATE: A RESOLUTION TO APPROVE AN UPDATED NORTHWEST ARKANSAS RAZORBACK GREENWAY OPERATIONS AND MANAGEMENT PLAN FOR THE SECTIONS OF THE RAZORBACK REGIONAL GREENWAY WITHIN THE CITY OF FAYETTEVILLE WHEREAS, on December 4, 2012, the City Council approved Resolution 227-12 approving the Northwest Arkansas Razorback Greenway Operations and Management Plan for Razorback Greenway Trails within Fayetteville; and WHEREAS, additions to the Operations and Management Plan include a trail traffic control plan for detours during construction along the Greenway and crosswalk treatment standardization; and WHEREAS, the updated plan has been reviewed by the Public Works and the Parks, Natural Resources and Cultural Affairs Departments and staff comments have been incorporated into the updated plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an updated Northwest Arkansas Razorback Greenway Operations and Management Plan, a copy of which is attached to this Resolution, for the sections of the Razorback Regional Greenway within the City of Fayetteville. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #227‐12 Approval Date: Original Contract Number: N/A Project Number Budget Impact: N/A Fund N/AN/A Account Number Project Title City of Fayetteville Staff Review Form 2022‐0922 Legistar File ID October 18th, 2022 City Council Meeting Date ‐ Agenda Item Only Staff recommends approval of an updated Northwest Arkansas Razorback Greenway Operations and Management Plan for the sections of the Razorback Regional Greenway within the City of Fayetteville. N/A for Non‐Agenda Item Action Recommendation: Submitted By Matt Mihalevich ENGINEERING (621) Division / Department 9/26/2022 Submitted Date No ‐$ ‐$ Must Attach Completed Budget Adjustment! V20210527 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget ‐$ ‐$ No No ‐$ ‐$ MEETING OF OCTOBER 18TH, 2022 TO: Mayor and City Council THRU: Chris Brown, Public Works Director/City Engineer Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager DATE: September 26th, 2022 SUBJECT: 2022-0922 – Updated Northwest Arkansas Razorback Greenway Operations and Management Plan RECOMMENDATION: Staff recommends approval of an updated Northwest Arkansas Razorback Greenway Operations and Management Plan for the sections of the Razorback Regional Greenway within the City of Fayetteville. BACKGROUND: The Razorback Regional Greenway officially opened in May of 2015. In planning for the maintenance of the facility, the original Northwest Arkansas Razorback Greenway Operations and Management Plan was established and approved by the seven cities that the greenway passes through. Fayetteville approved the Operations and Management Plan on December 4th, 2012 by resolution 227-12. In 2020 the Razorback Greenway Alliance was created by resolution 148-20 to oversee the operations and standardization of the Greenway. DISCUSSION: Since the formation of the Razorback Greenway Alliance, it was recognized that the 2012 Operations and Maintenance plan needed an update. The Alliance has worked closely with each city to update the plan and address several needs that have come up over the years. Overall the document has been streamlined for ease of use by each municipality. Specific additions include a trail traffic control plan for detours during construction along the Greenway. Crosswalk treatment standardization has also been included in the updated plan. The updated plan has been reviewed by the Public Works and the Parks, Natural Resources and Cultural Affairs Departments and staff comments have been incorporated into the updated plan. BUDGET/STAFF IMPACT: The seven other cities along the Razorback Greenway are in the process of approving the same version of the updated Operations & Management Plan. No impact of cost or time is necessary. Attachments: Exhibit A – Updated Northwest Arkansas Razorback Greenway Operations & Management Plan EXHIBIT A Northwest Arkansas Razorback Greenway Operations and Management Plan City of Fayetteville, Arkansas Prepared July 2022 Adopted by the City of Fayetteville on: NWA Razorback Greenway Operations and Management Plan Page 2 of 24 City of Fayetteville, Arkansas Northwest Arkansas Razorback Greenway Operations and Management Plan Sections: 1. Overview 2. Razorback Greenway Access and Use 3. Operations and Maintenance Functions 4. Safety and Security Exhibit A: Razorback Greenway Cross Section Exhibit B: Temporary Traffic Control Requirements for the Razorback Regional Greenway Exhibit C: Crosswalk Marking Application Guidance and Maintenance Replacement Policy 1. Overview 1.1 Project Description and Objectives The mission of this Operations and Management Plan is to promote a world-class, well-maintained, well-groomed, safe, secure, and comfortable Razorback Greenway shared-use active transportation network public trail. The standard of care and quality will be consistent across the seven jurisdictional boundaries of Northwest Arkansas. The term operations and management refer to specific day-to-day tasks as well as the longer-term remedial functions and programs performed to assure resources and facilities of the Greenway are kept in good, usable condition and consistent throughout the seven jurisdictions. The Razorback Greenway allows non-motorized bikes, e-bikes, scooters, e-scooters, pedestrians, roller-skaters, wheelchairs, and other human-propelled and e-assisted powered devices and uses. Horses and other farm animal-drawn vehicles are not allowed on the Razorback Greenway. No golf carts or comparably sized vehicles nor any gas-powered vehicles (except city maintenance, contractors, or emergency vehicles) shall be operated on the Razorback Greenway. 1.2 The Jurisdictions and the Northwest Arkansas Razorback Greenway Alliance The Razorback Greenway spans seven jurisdictions: Bentonville, Bella Vista, Fayetteville, Johnson, Lowell, Rogers, and Springdale. Each jurisdiction is also a member of the Northwest Arkansas Razorback Greenway Alliance, an independent governmental organization, which establishes the commitment by each city to implement the Operations and Management Plan. The Alliance is tasked with the overall coordination and implementation of the unified vision for the NWA Razorback Greenway as defined in the bylaws. NWA Razorback Greenway Operations and Management Plan Page 3 of 24 While each jurisdiction has its own operations and maintenance departments, a key to a sustainable quality greenway over the length of the corridor will be a consistency of standards, cooperation, and coordination amongst the seven communities and building enduring partnerships engaging both public and private sector. 2. Razorback Greenway Access and Use 2.1 Public Access, Use, and Hours of Operation Residents and visitors shall have access to and use of the public active transportation facility, Razorback Greenway, as part of the active transportation network, which shall be open seven days a week and 24 hours a day. 2.2 Care and Management of the Trails Each jurisdiction shall be responsible for the care and upkeep of the trails and all lands including but not limited to: storm drainage, signage (both MUTCD and regional wayfinding), fences, bridges, trailheads, landscape plantings, pavement markings, and trail amenities within their jurisdiction. To promote safe use of the trail, all vegetation will be clear-cut to a minimum distance of five (5) feet horizontal from the edge of the trail tread and nine (9 feet vertical above the trail; where applicable. If there are light poles, vegetation shall also be maintained to not obscure the output from the light. Selective clearing of vegetation will be conducted, in cooperation with appropriate management agents, within a zone that is defined as being between three (3) to ten (10) feet from the edge of the pathway. At any point along the trail, a user will have an unobstructed view, along the centerline of the pathway, 250 feet ahead and behind their position. The only exception to this policy is where terrain or trail curvature is a limiting factor. 3. Operations and Maintenance Functions Ultimately, both routine and remedial maintenance is the responsibility of each jurisdiction. It is recommended that each jurisdiction designate a trail coordinator who is also authorized to work with the key operational staffs of the planning, street, parks, and other departments to assure a coordinated effort and to meet standards of quality for both on and off-street segments. Coordination among, and commitment of, departments in each jurisdiction responsible for trail, bicycle, and pedestrian facilities is crucial to carry out maintenance tasks. In addition, police and fire/rescue and field maintenance personnel should be consulted both in the design review process and on a regular basis to assure safety standards continue to be met. 3.1 Components that are Maintained The following are the key components of the Razorback Greenway System, which shall be maintained: • Off-Street Shared-Use Trails • Off-Street Side Trails • Trail-Related Corridors (such as green space, landscaping, vegetation, and viewsheds adjacent to the trail) • On-Street Bicycle and Pedestrian Facilities (such as bike lanes, cycle tracks, and bike routes) • Associated Natural Resource Areas (such as streams, woodlands, wetlands, and other natural and cultural resources proximate and associated with the trail) • Trailheads and Access Points NWA Razorback Greenway Operations and Management Plan Page 4 of 24 • Trail-Related Park and Feature Areas (integral to the trail system) • Associated Sidewalks (interconnecting with or adjacent to trails and on-street routes) • Associated Streetscapes 3.2 Typical Operations and Maintenance Tasks Include: In General • User Courtesy and Regulatory Framework/Hours of Operation • Conflict Reduction and Resolution • User Safety and Risk Management • Prompt Graffiti and Vandalism Repair • Pest Management • Programming and Events • Stewardship and Enhancement • Coordinate Volunteer and Adopt-a-Trail/Street Activities • Oversight and Coordination • User/Neighboring Property Feedback and Response Off-Street Shared-Use Trails • Inspection (including bridges and tunnels) • Trail Surface Maintenance • Sweeping • Vegetation Management (including tree and branch trimming and removal of fallen debris, minimum five (5) feet from the edge of the trail clear and minimum of eight (8) feet above trail surface; except where prohibitive • Erosion Control • Litter and Trash Removal • Repair Trail Structures (see Exhibit A: Razorback Greenway Cross Section) • Fixture and Furnishings Maintenance; including annual washing/cleaning with approved cleaning agents based on manufacturer or supplier information • Signage and Displays, Public Art • Pavement marking refresh including trail crossings and trail center stripe • Lighting and Signal Maintenance • Restroom Facility Service • Drinking fountain service • Remedy "Social Trails" (such as shortcuts) • Address Detours/Disruptions (promptly) • Patrol and Security Services • Accident and Incident Data Tracking • User Feedback and Follow-up Trail-Related Corridors and Associated Resource Conservation Areas* • Inspection • Vegetation Management • Stream Channel/Riverbank Maintenance • Litter and Trash Removal • Pest Management NWA Razorback Greenway Operations and Management Plan Page 5 of 24 • Vegetation Management (including weeds and invasive plants) • Waterfowl and Hunting Regulation • Monitor Dumping and Filling • Fire Prevention • Patrol and Security Services • User Feedback and Follow-up 3.3 Crossing Treatment Requirements for The Razorback Greenway To promote safe and consistent trail crossing standards throughout the Northwest Arkansas Razorback Greenway by delivering high-quality and high visibility crossing markings and signage as shown in (Exhibit C) and adopted by the Razorback Greenway Alliance. Exemptions may be appealed to the municipality regulation board and a report of exemptions shall be given to the Razorback Greenway Alliance. 3.4 Temporary Traffic Control Requirements for The Razorback Greenway Temporary Traffic Control is required to be used when construction and maintenance activities impact the safe operation and functionality of the Razorback Greenway and other trails as determined by the municipality where the trail is located. Each municipality where the trail is located will oversee the regulation of the Temporary Traffic Control Requirements (Exhibit B) as adopted by the Razorback Greenway Alliance. Exemptions may be appealed to the municipality regulation board and a report of exemptions shall be given to the Razorback Greenway Alliance. All efforts should be taken to always keep the greenway open and safe for users. 3.5 Branding and Marketing The Razorback Greenway shall be branded and marketed through a uniform wayfinding system, merchandise, advertising, and style guide as approved by the Northwest Arkansas Razorback Greenway Alliance. 4. Safety and Security Promoting the safety and security of trail users and the security of adjacent properties should be the foremost objective of this operations and management plan. Safety is a duty and obligation of all public facility managers; therefore, as the construction documents for the Razorback Greenway are completed, appropriate local and state agencies should review these plans and specifications to ensure that they meet all current safety regulations. A uniform standard of care, information exchange, and resource sharing should include working with respective risk management specialists, and legal counsel in each community to routinely review trail and greenway plans, operations, issues, and incidents. Key considerations in promoting public safety and security include: • Safety and security features through planning and design – This includes adhering to state-of-the-standards such as the AASHTO Guide to the Development of Bicycle Facilities; the Manual of Uniform Traffic Control Devices; ADA; OSHA; etc. It also includes incorporating good lines of sight, trimming vegetation and other measures to avoid hiding places and other defense-through-design techniques to help reduce crime and accidents. • Multi-disciplinary plan review – All proposed plans and construction drawings should be circulated amongst the various departments and key field staff of streets and drainage departments, police and fire/rescue, and maintenance department. NWA Razorback Greenway Operations and Management Plan Page 6 of 24 • User courtesy and conflict reduction – Posting signs, equipping patrol persons, using brochures and website to educate the public on good trail etiquette including bicycle yield, equestrian courtesies, dog-on-leash, and safe practices (see "Conflict Reduction" below). • Way-finding and location identification – This includes clear trail blazes, street signs at cross streets readily visible from the trail, and "mile markers" giving the location based on a north to south or west to east numbering starting at a single "point zero" such as a major cross street and running the entire length of the trail across jurisdictional lines. • Speed limit – The speed limit is 15 miles per hour on the Razorback Greenway. • Lighting – The Razorback Greenway should be lighted its entire length, the numbering of light posts should be used as the preferred consistent wayfinding numbering system and be numbered at 0.01 of a mile. The light pole maker preferred color is black, in the event, there is a non-uniform pole the marker should match the color of the pole. Light coverage shall meet the AASHTO standard of a minimum light of 0.5 foot-candle on the trail surface. • Patrol and enforcement – This might be multi-jurisdictional law enforcement agents with wireless communication capability and first aid training. • Protecting adjacent properties – Working with adjacent landowners, tenants, and businesses to assure the trail is a good neighbor. This may include (where appropriate) security barriers, do not trespass signage, and communication with impacted neighbors. • Medical emergencies and rescue, response, and access – Working with police and fire/rescue for optimal emergency response including design for rescue personnel and vehicle (to accommodate up to 6.5 tons) access, incident reporting by location using GPS, and location identification. • Address system – Put in place an "address system" such as mile markers to identify locations for all off-road greenway facilities. On-road facilities should make use of the existing street names and adjacent property addresses. Each local emergency response office/unit should have an up-to-date map of all City greenway, bicycle, and pedestrian facilities. • Surveillance Technologies – With the advent of low-cost "webcams" and similar video technology it may be advantageous to position solar-powered wireless "webcams" that transmit visual images of the trail to a publicly accessible website increasing the number of "eyes" on the trail. • Documentation and Record-Keeping – Good record keeping of operations and management activities through documenting accidents, incidents, damage to adjoining properties, and other issues and incidents would be greatly facilitated using GPS locations of problems. Good mapping could help identify possible "problem areas" and "incident clusters". Cooperation between police and fire/rescue personnel is vital to good documentation. • Event and Program Signage - All event and program signage within the Razorback Greenway easement or right-a-way is regulated and requires permitting though the Alliance. 4.1 Emergency Response Plan Each jurisdiction should define an emergency response plan in conjunction with appropriate local police, fire, and paramedical units in order to define which agencies should respond to 911 calls and provide easy-to-understand routing plans and access points for emergency vehicles. Local hospitals should be notified of these routes so that they may also be familiar with the size and scope of the NWA Razorback Greenway Operations and Management Plan Page 7 of 24 project. The entire trail system should be designed and developed to support a minimum gross vehicle weight of 6.5 tons to allow emergency vehicle access. 4.2 Crime Prevention Through Environmental Design (CPTED) "CPTED is the proper design and effective use of the built environment which may lead to a reduction in the fear and incidence of crime, and an improvement of the quality of life." - National Crime Prevention Institute Crime Prevention Through Environmental Design (CPTED) theories contend that law enforcement officers, architects, city planners, landscape designers, and resident volunteers can create a climate of safety in a community, right from the start. CPTED's goal is to prevent crime through designing a physical environment that positively influences human behavior. For trails, people who use the Razorback Greenway regularly will need to perceive it as safe, and would-be criminals should view the trail as a highly risky place to commit crimes. Crime prevention through environmental design (CPTED) is a multi-disciplinary approach to deterring criminal behavior through environmental design. CPTED strategies ely upon the ability to influence offender decisions that precede criminal acts. CPTED is based on four principles – natural access control, natural surveillance, territorial reinforcement, and target hardening. These principles should be applied to the design, operation, and management of the Razorback Greenway whenever feasible: 4.2.1 Natural surveillance Natural surveillance increases the threat of apprehension by taking steps to increase the perception that people can be seen. Natural surveillance occurs by designing the placement of physical features, activities, and people in such a way as to maximize visibility and foster positive social interaction among legitimate users of public space. Potential offenders feel increased scrutiny and limitations on their escape routes. • Use adjacent roadways and the passing vehicular traffic as a surveillance asset. • Create landscape designs that provide surveillance, especially in proximity to designated points of entry and opportunistic points of entry. • Use the shortest, least sight-limiting fence appropriate for the situation. • When creating a lighting design, avoid poorly placed lights that create blind spots for potential observers and miss critical areas. Ensure potential problem areas are well lit. Problem areas could include pathways, stairs, entrances/exits, parking areas, children's play areas, recreation areas, storage areas, dumpster and recycling areas, etc. • Avoid too-bright security lighting that creates blinding glare and/or deep shadows, hindering the view for potential observers. Eyes adapt to night lighting and have trouble adjusting to severe lighting disparities. Using lower intensity lights often requires more fixtures. • Place lighting along pathways and other pedestrian-use areas at proper heights to light the faces of the people in the space and to identify the faces of potential attackers. • Natural surveillance measures can be complemented by mechanical and organizational measures. For example, closed-circuit television (CCTV) cameras can and should be utilized. 4.2.2 Natural access control Natural access control limits the opportunity for crime by taking steps to clearly differentiate between public space and private space. By selectively placing entrances and exits, fencing, lighting and landscape to limit access or control flow, natural access control occurs. • Use a single, clearly identifiable, point of entry. • Use low, thorny bushes to keep people out of sensitive areas. • Use waist-level, picket-type fencing to control access and encourage surveillance. NWA Razorback Greenway Operations and Management Plan Page 8 of 24 • Natural access control is used to complement mechanical and operational access control measures, such as target hardening. 4.2.3 Natural territorial reinforcement Territorial reinforcement promotes social control through increased definition of space and improved proprietary concern. An environment designed to clearly delineate private space does two things. First, it creates a sense of ownership. Owners have a vested interest and are more likely to challenge intruders or report them to the police. Second, the sense of owned space creates an environment where "strangers" or "intruders" stand out and are more easily identified. By using buildings, fences, pavement, signs, lighting and landscape to express ownership and define public, semi-public and private space, natural territorial reinforcement occurs. Additionally, these objectives can be achieved by assignment of space to designated users in previously unassigned locations. • Maintained premises and landscaping such that it communicates an alert and active presence occupying the space. • Provide trees in residential areas. Research results indicate outdoor residential spaces with more trees are seen as significantly more attractive, safer, and more likely to be used than similar spaces without trees. • Restrict private activities to defined private areas. • Display security system signage at access points. • Avoid cyclone fencing and razor-wire fence topping, as it communicates the absence of a physical presence and a reduced risk of being detected. • Placing amenities such as seating or refreshments in common areas in a commercial or institutional setting helps to attract larger numbers of desired users. • Scheduling activities in common areas increases proper use, attracts more people, and increases the perception that these areas are controlled. • Territorial reinforcement measures make the normal user feel safe and make the potential offender aware of a substantial risk of apprehension or scrutiny. NWA Razorback Greenway Operations and Management Plan Page 9 of 24 Exhibit A: Razorback Greenway Cross Section NWA Razorback Greenway Operations and Management Plan Page 10 of 24 Exhibit B: Mile Marker mow strip NWA Razorback Greenway Operations and Management Plan Page 11 of 24 Exhibit C: Temporary Traffic Control Requirements for the Razorback Regional Greenway NWA Razorback Greenway Operations and Management Plan Page 12 of 24 NWA Razorback Greenway Operations and Management Plan Page 13 of 24 NWA Razorback Greenway Operations and Management Plan Page 14 of 24 NWA Razorback Greenway Operations and Management Plan Page 15 of 24 NWA Razorback Greenway Operations and Management Plan Page 16 of 24 Exhibit D: Crosswalk Marking Application Guidance and Maintenance Replacement Policy NWA Razorback Greenway Operations and Management Plan Page 17 of 24 NWA Razorback Greenway Operations and Management Plan Page 18 of 24 NWA Razorback Greenway Operations and Management Plan Page 19 of 24 NWA Razorback Greenway Operations and Management Plan Page 20 of 24 NWA Razorback Greenway Operations and Management Plan Page 21 of 24 NWA Razorback Greenway Operations and Management Plan Page 22 of 24 NWA Razorback Greenway Operations and Management Plan Page 23 of 24 NWA Razorback Greenway Operations and Management Plan Page 24 of 24 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0928 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.9 STRIBLING EQUIPMENT: A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF INSPECTION AND REPAIR SERVICES FROM STRIBLING EQUIPMENT TO INSPECT AND REPAIR VARIOUS EQUIPMENT AS NEEDED THROUGH THE END OF 2022 AND WITHIN THE APPROVED BUDGET WHEREAS, Fleet occasionally has authorized shops or distributors perform internal engine work on equipment that is not covered under warranty or when Fleet does not have the technical capacity or manpower to perform in a timely manner; and WHEREAS, Fleet typically stays under $15,000 per year for these services, but there have been large costly repairs this year; and WHEREAS, Fleet recommends approving total expenditures in excess of $35,000.00 through the end of the year; and WHEREAS, the unique and proprietary equipment and processes offered by Stribling Equipment to the City make competitive bidding neither feasible nor practical, such that the City Council should waive the requirements of competitive bidding in this case. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the purchase of inspection and repair services from Stribling Equipment to inspect and repair various equipment, as needed through the end of 2022 and within the approved budget. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 Comments:For the year of 2022, Fleet Projects the total amount to be spent with Stribling to be more than $35,000.00. Due to the nature of each repair is it difficult to project an exact amount. Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: NA Project Number Budget Impact: NA Fund Shop9700.770.1910-5315.00 Account Number Project Title City of Fayetteville Staff Review Form 2022-0928 Legistar File ID 10/18/2022 City Council Meeting Date - Agenda Item Only A resolution to waive competitive bidding for parts and repair services from Stribling Equipment to inspect and repair various equipment through the end of 2022 on an as-needed basis and within the approved budget. N/A for Non-Agenda Item Action Recommendation: Submitted By Les McGaugh FLEET OPERATIONS (770) Division / Department 9/28/2022 Submitted Date No 71,016.10$ -$ Must Attach Completed Budget Adjustment! V20210527 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget 297,600.00$ 226,583.90$ Yes No -$ 71,016.10$ MEETING OF OCTOBER 18, 2022 TO: Mayor and City Council THRU: Terry Gulley, Assistant Public Work Director FROM: Les McGaugh, Fleet Operations Support Manager DATE: 9/28/2022 SUBJECT: Tear Down, Inspect, and Repair Services RECOMMENDATION: Council approves the purchase of parts and repair services from Stribling Equipment to tear down inspect and repair equipment in excess of $35,000.00 total spend through the end of 2022. BACKGROUND: Fleet occasionally has authorized shops or distributors perform internal engine work on equipment that is not covered under warranty or when Fleet does not have the technical capacity or manpower to perform in a timely manner. Fleet typically stays under $15,000 per year for these services, but there have been large costly repairs this year. DISCUSSION: Fleet recommends approving total expenditures in excess of $35,000.00 though the end of the year. BUDGET/STAFF IMPACT: These purchases for parts and services are budgeted in the shop fund. Attachments: Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0929 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.10 J&R EQUIPMENT: A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF ORIGINAL EQUIPMENT MANUFACTURER PARTS FROM J&R EQUIPMENT IN THE AMOUNT OF $41,945.59 FOR THE REPAIR OF ACCIDENT DAMAGE TO A REFUSE TRUCK WHEREAS, Unit 4056 was involved in an accident that rendered the arm unusable and the asset out of service; and WHEREAS, the insurance company worked with the local dealer, J&R Equipment, to get the accurate pricing of the parts for the repair and the Fleet Division is qualified to perform the repair and maintain the warranty; and WHEREAS, the unique and proprietary equipment and process offered by J&R Equipment to the City make competitive bidding neither feasible nor practical, such that the City Council should waive the requirements of competitive bidding in this case. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the purchase of OEM repair parts from J&R Equipment in the amount of $41,945.59, for the repair of accident damage to a refuse truck. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 Comments:Insurance issued a total estimate of $41,945.59 for this repair. The City will cover the $1,000 deductible cost and will receive a check for $40,945.59. Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: NA Project Number Budget Impact: NA Fund Recycling and Trash5500.750.5020-5311.01 Account Number Project Title City of Fayetteville Staff Review Form 2022-0929 Legistar File ID 10/18/2022 City Council Meeting Date - Agenda Item Only A resolution to waive competitive bidding for the purchase of OEM Parts from J&R Equipment for the repair of accident damage to a refuse truck not to exceed the total insurance estimate of $41,945.59. N/A for Non-Agenda Item Action Recommendation: Submitted By Les McGaugh FLEET OPERATIONS (770) Division / Department 9/28/2022 Submitted Date Yes 1,140.66$ 1,000.00$ Must Attach Completed Budget Adjustment! V20210527 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget 2,671.00$ 1,530.34$ Yes No -$ 140.66$ MEETING OF OCTOBER 18, 2022 TO: Mayor and City Council THRU: Terry Gulley, Assistant Public Work Director FROM: Les McGaugh, Fleet Operations Support Manager DATE: 9/28/2022 SUBJECT: Purchase of Repair Parts for a Side-Load Refuse Truck RECOMMENDATION: Council waives competitive bidding for the purchase of OEM Parts from J&R Equipment for the repair of accident damage to a refuse truck not to exceed the total insurance estimate of $41,945.59. BACKGROUND: Unit 4056 is a 2020 Peterbilt refuse truck with a side-load arm that still has more than 4 years of life expectancy and 2.9/15 current points. At the beginning of September of this year Unit 4056 was involved in an accident that rendered the arm unusable and the asset out of service. DISCUSSION: For the repair of Unit 4056, OEM parts are required to maintain the existing warranty. Insurance worked with J&R Equipment, our local dealer, to get the accurate price of these parts into the estimate. Fleet is qualified to perform this repair and maintain the warranty. This will also save the additional time and expense of sending the truck to the dealer. BUDGET/STAFF IMPACT: The estimate of repair provided by insurance is in the total amount $41,945.59. After the $1,000 deductible, the insurance check provided to the city will be in the amount of $40,945.59. The deductible will be paid by Recycling and trash Collection. The cost of the OEM parts from J&R Equipment is $37,507.09. The remaining funds will go towards Fleet’s labor cost for the actual repair. Attachments: Repair Estimate 1 McGowan, Winston From:Curtis Russell <curtis@eclipseappraisal.com> Sent:Friday, September 23, 2022 1:43 PM To:McGowan, Winston Subject:UNIT #4056 ESTIMATE Attachments:EA-06539 ESTIMATE.pdf CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. I spoke to Matthew at J&R Sent from Mail for Windows Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0925 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.11 MILLER BOSKUS LACK ARCHITECTS, P.A AMENDMENT 1 AGREEMENT: A RESOLUTION TO APPROVE AMENDMENT 1 TO THE PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH MILLER BOSKUS LACK ARCHITECTS, P.A IN THE AMOUNT OF $439,290.00 FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE REPLACEMENT OF FIRE STATION NO. 2, AND TO APPROVE A BUDGET ADJUSTMENT - FIREFIGHTING FACILITIES IMPROVEMENTS BOND PROJECT WHEREAS, on November 19, 2019, the City Council approved a contract with Miller Boskus Lack Architects, P.A., to provide architectural services for up to three new fire stations; and WHEREAS, this Amendment will provide for the beginning design process on the third station. 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 amendment 1 to the Professional Architectural Services Agreement with Miller Boskus Lack Architects, P.A., in the amount of $439,290.00 for architectural services associated with the replacement of Fire Station No. 2. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 9/29/2022 Submitted Date Yes 349,336.23$ 439,290.00$ Must Attach Completed Budget Adjustment! V20210527 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget 3,115,193.00$ 2,765,856.77$ Yes Yes 439,290.00$ 349,336.23$ 46100.7110.8630 Project Number Budget Impact: Fund Fire Station #2 Replacment - Architectural 4710 - Fire Projects Phase II 20224710.860.7110-5860.02 Account Number Project Title City of Fayetteville Staff Review Form 2022-0925 Legistar File ID 10/18/2022 City Council Meeting Date - Agenda Item Only A resolution for approval of an amendment to RFQ 19-01 contract for architectural services with Miller Boskus Lack Architects in the amount of $414,290.00 plus $25,000.00 in reimbursables, for a total of $439,290.00 for the replacement of Fire Station #2 and approval of a budget adjustment. N/A for Non-Agenda Item Action Recommendation: Submitted By Wade Abernathy FACILITIES MANAGEMENT (140) Division / Department Comments: 2019-00000830Purchase Order Number: Change Order Number:1 Previous Ordinance or Resolution ##259-19 Approval Date: Original Contract Number:#2019-00000056 MEETING OF OCTOBER 18, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Brad Hardin FROM: Wade Abernathy, Director Bond Construction Projects DATE: 9/27/2022 SUBJECT: Amendment to RFQ 19-01 Architectural Services Contract for Replacement of Fire Station 2 and Approve a budget adjustment. RECOMMENDATION: Staff recommends a resolution authorizing the approval of an amendment to the contract with Miller Boskus Lack Architects for $439,290.00, and approve a Budget Adjustment. This is a 2019 Bond project. BACKGROUND: In November of 2019, council approved a resolution for a contract with Miller Boskus Lack Architects for the Design and Construction Administration for 3 Fire Stations. The fees for that contract were based on Fire Station 8 & 9, with a provision for a 3rd Fire Station. DISCUSSION: With the completion of Fire Stations 8 & 9, we are prepared to begin the design process on this 3rd station. The first 2 stations were a proto type design, that can be adapted to fit the new site. This station will be slightly larger with 2 additional sleeping quarters and additional apparatus bays. BUDGET/STAFF IMPACT: These services will be funded from the 2019 sales and use tax bonds, and a budget adjustment is attached. Attachments: Amendment. Appendix B Miller Boskus Lack Architects, P.A. dba MBL Architecture Revised Exhibit "B" to Incorporate Third Fire Station Basic Services Compensation Compensation for the Architects Basic Services, including the service of the MEP Engineers and Structural Engineer shall be a fixed fee of $283,690. This third fire station is added to the contract as a fixed fee equal to 5% of the anticipated project cost. Design and Construction Contract Administration progress payments shall be allocated to services as listed below and will be billed on a monthly basis. .. Total Compensation = 100% $283,690.00 Reimbursable Expenses Reimbursable expenses are in addition to compensation for the Architects' professional services and include expenses incurred by the Architect and their consultants directly related to the project as follows: 1. Transportation and authorized out-of-town travel and subsistence; 2. Fees paid for securing approval of authorities having jurisdiction over the project; 3. Printing and Reproduction expenses; 4. Postage & Shipping. The line item estimate in the contract for reimbursable is $50,000. Design Services Schematic Design 20% $56,738.00 Design Development 15% $42,553.50 Construction Documents 40% $113,476.00 Construction Procurement Services 5% $14,184.50 Contract Administration Services 20% $56,738.00 Additional Services Compensation Compensation for Additional Services will be computed as noted below. BIM Modeling The architect utilizes the latest in BIM modeling software. Three-dimensional modeling will be used for the design of these projects and for presentations, renderings, and visualization of the new facilities. BIM modeling will be utilized for the production of construction documents and coordination of the architect's engineers. A BIM model for construction is not required by the Construction Manager and is not required for the construction of these new facilities and therefore is not part of this agreement and will not be provided for these projects. The architect's fee for BIM modeling is $0. Civil Engineering & Landscape Design The architect will hire Olsson Engineering to provide Civil Engineering and landscape plans and specifications for the site engineering and plantings for the new facilities. These plans will be prepared for bidding and construction in conformance with the City of Fayetteville's landscape ordinance, and the wishes of the Owner. As part of the design process, Olsson will participate in two public input sessions as described in the RFQ we received for this project. Olsson will manage the site and infrastructure entitlement process. The fee for this service will be a lump sum fee of $49,800 for third station. Interior Design & FFE (Furniture. Fixtures, Equipment) Design If the Owner desires. the architect will select furnishing, decor, & fixtures for the buildings. The architect will provide plans and specifications for these items for bidding and procurement by the City of Fayetteville. The fee for these services will be a fixed fee of $0 for the third station as this was not done by Architect for the first two stations. Telecommunications, Data, Communications, Alarm System, Security, Access Control and Head-In S stem. The back boxes and conduits in concealed spaces will be provided in the electrical engineering drawings for these systems. The owner and their service providers will need to tell the design team where these items will be located. Cost for this service is $0.00 Commissioning Architect will hire Integrity Consultants as the projects Commissioning Agent to fulfill the LEED pre-requisite for Commissioning. The fee for Basic Commissioning will be $20,960 for the third station. 3 points are available in the LEED process for Enhanced Commissioning. This is an optional service, which is not included in the current lump sum agreement but can be added for a fee of $7,340 for the third station. LEED Certification Assistance The architect will assist the owner in pursuit of LEED certification for the project. The architect will hire a LEED Consultant for the project, who along with the architect will assist the owner in registering the projects with the USGBC. The architect and Consultant will facilitate LEED workshops for the proposed design and will provide plans and specifications to specify the LEED goals for the project. LEED Silver is the intended goal of the project at the time of this agreement. The fee for LEED certification services is $32,000 for the third station. As Built Record Drawings Per Appendix A - Scope of Services, MBLA will make changes to the original drawings, based on the General Contractor's marked-up as built drawings. The Fee for this scope of work will be $10,000 per fire station. Fire Station Consultant/ Programming The architect will hire Mary McGrath Architects as the fire station consultant for the project. The fire station consultant will lead the programming and planning phase of the design process. This includes attendance by Mary McGrath at 2-3 on-site workshops. The fee for these services will be a lump sum fee of $48,000 and has been completed. Cost Consultant The architect will hire cost estimating services. The architect will provide historic, square foot costs in the Programming and Schematic Design phases. A full take-off budget will be provided at the end of Design Development and at 75% completion of Construction Documents. The fee for this service will be $10,000 for the first two stations, if done simultaneously and $5,000 for the third station to be completed at a different time. Topographic Survey The architect will hire Olsson, Inc. to provide a topographic survey of the project site. The fee for this service will be $5,500 for the third site. Hourly Rates Principal Sr. Project Architect Specification Writer Director of Urban Design Interior Architect Architect Ill Architect II Architect I Interior Designer Project Manager/BIM Administrative $195.00 per hour $175.00 per hour $175.00 per hour $165.00 per hour $165.00 per hour $165.00 per hour $155.00 per hour $145.00 per hour $145.00 per hour $145.00 per hour $ 70.00 per hour Mayor Lionel Jordan – City of Fayetteville, Arkansas Audy G. Lack – Principal – MBL Architecture September 14, 2022 Fayetteville Fire Station #2 Relocation Appendix "B" Calculation Summary Design and Engineering Fees Architecture, MEP, Structural Fixed Fee $283,690 Progamming 0.00 $0 $0 Interior Design, FF&E 0.00 $0 $0 As-Built Record Drawings 1.00 Fixed Fee $10,000 $10,000 Cost Consultant 1.00 Fixed Fee $5,000 $5,000 Civil Engineering 1.00 Fixed Fee $49,800 $49,800 Topo Survey 1.00 Fixed Fee $5,500 $5,500 Low Voltage Design 0.00 $0 $0 LEED Certification LEED Additional Services 1.00 Fixed Fee $32,000 $32,000 LEED Basic Commissioning 1.00 Fixed Fee $20,960.00 $20,960 LEED Enhanced Commissioning (If needed for points)1.00 Fixed Fee $7,340.00 $7,340 Printing, Reprographics, Reimbursables 1.00 Budget $25,000.00 $25,000 Design & Engineering Maximum Fee per Project Scope $439,290 Optional services proposed by commissioning agent if desired Emergency Power Commissioning (Optional)1.00 Fixed Fee $3,975.00 $3,975 Building Air Quality Testing (Optional)1.00 Fixed Fee $7,960.00 $7,960 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Requestor: 10/18/2022 2022-0925 D - (City Council) 10/18/2022 / TOTAL - - Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4710.860.7999-5899.00 (439,290) - 46100 7999 EX Unallocated - Budget 4710.860.7110-5860.02 439,290 - 46100 7110.8630 EX Capital Prof Svcs - Engineering/Architectural - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - GLDATE: Budget Director Date Holly Black 9/27/2022 7:44 AM TYPE: JOURNAL #: Adjustment Number 2022 Wade Abernathy FACILITIES MANAGEMENT (140)Division /Org2 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.20220919 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# A resolution for approval of an amendment to RFQ 19-01 contract for architectural services with Miller Boskus Lack Architects in the amount of $414,290.00 plus $25,000.00 in reimbursables, for a total of $439,290.00 for the replacement of Fire Station #2 and approval of a budget adjustment. COUNCIL DATE: CHKD/POSTED: LEGISTAR FILE ID#: H:\Budget Adjustments\2022_Budget\CITY COUNCIL\10-18-22\2022-0925 BA MBL Amendment FS2 Repl 1 of 1 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0878 Agenda Date: 10/18/2022 Status: First ReadingVersion: 1 File Type: OrdinanceIn Control: City Council Meeting Agenda Number: B.1 AMEND §118.01 APPLICABILITY, §151.01 DEFINITIONS AND §163.18 SHORT-TERM RENTALS: AN ORDINANCE TO AMEND §118.01 APPLICABILITY OF THE FAYETTEVILLE CITY CODE, AND § 151.01 DEFINITIONS AND §163.18 SHORT-TERM RENTALS OF THE UNIFIED DEVELOPMENT CODE TO REMOVE THE CONDITIONAL USE PERMIT REQUIREMENT FOR TYPE 2 SHORT-TERM RENTALS, AND TO REPEAL THE SUNSET PROVISION WHEREAS, since Ordinance No. 6427 was adopted on April 20, 2021, and as of September 14, 2022, Development Services has issued 326 business licenses for Type 2 short-term rentals; and WHEREAS, there is currently a citywide cap of 875 business licenses for Type 2 short-term rentals; and WHEREAS, the authority granted to the Development Services Department by Chapter 118, Business Registry and Licenses, of the Fayetteville City Code is sufficient to regulate Type 2 short-term rentals; and WHEREAS, Ordinance 6427 provided for an automatic repeal of the City’s short term rental regulations on December 20, 2022, which would make continued operation of short term rentals in the City of Fayetteville illegal after that date; and WHEREAS, staff and the Planning Commission recommend the removal of the conditional use permit requirement for Type 2 short-term rental business licenses and removal of the sunset provision. 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 (E) of §118.01 Applicability of the Fayetteville City Code and enacts a new subsection 118.01(E) as shown in Exhibit A attached hereto. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §151.01 Definitions by repealing the last sentence of the definition of “Short-term rental, Type 2”. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals §163.18 Short-Term Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 File Number: 2022-0878 Rentals of the Unified Development Code in its entirety. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts §164.26 Short-Term Rentals into the Unified Development Code as shown in Exhibit B attached hereto and made a part hereof. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance 6427 by repealing Section 2, the “Sunset Clause”. Page 2 City of Fayetteville, Arkansas Printed on 10/12/2022 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #6427, 6537 Approval Date:4/20/21, 02/15/22 Original Contract Number: Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2022‐0878 Legistar File ID 10/4/2022 City Council Meeting Date ‐ Agenda Item Only Approve ADM‐2022‐0043: Administrative Item: (Amend UDC Chapter 118 – Applicability, Chapter 151 – Definitions, and Chapter 163 – Short‐Term Rentals): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to remove the conditional use permit requirement for type 2 short‐term rentals and to repeal a sunset provision in Ordinance No. 6427. N/A for Non‐Agenda Item Action Recommendation: Submitted By Britin Bostick LONG RANGE PLANNING (634) Division / Department 9/16/2022 Submitted Date No ‐$ ‐$ Must Attach Completed Budget Adjustment! V20210527 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget ‐$ ‐$ No No ‐$ ‐$ MEETING OF OCTOBER 4, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Fayetteville Planning Commission FROM: Britin Bostick, Long Range Planning/Special Projects Manager DATE: September 16, 2022 SUBJECT: ADM-2022-0043: Administrative Item: (Amend UDC Chapter 118 – Applicability, Chapter 151 – Definitions, and Chapter 163 – Short-Term Rentals): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to remove the conditional use permit requirement for type 2 short-term rentals and to repeal a sunset provision in Ordinance No. 6427. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code amending § 118.01, Applicability in Chapter 118, Business Registry and Licenses; amending § 151.01, Definitions; and amending § 164.26, Short-Term Rentals, to remove the Conditional Use Permit requirement for Type 2 Short-Term Rentals. The recommendation also includes repealing a sunset provision in Ordinance No. 6427, which automatically repeals the regulation of Short-Term Rentals 20 months after the adoption of the ordinance on April 20, 2021. BACKGROUND: Short-term rentals are defined in the Fayetteville Unified Development Code (UDC) as, “A residential dwelling unit, portion of a dwelling unit, or bedroom within a residential dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days.” Short- term rentals are classified as two different types. Type 1 short-term rentals are those where the principal use of the property remains as a full-time residence. Type 2 short-term rentals are defined as, “A short-term rental that is not occupied by a permanent resident. The owner lists this property full-time as a short-term rental and has no intention of having permanent residents living in the property.” On April 20, 2021 the Fayetteville City Council adopted Ordinance No. 6427 to regulate short- term rentals, which followed Resolution 172-19 passed in July 2019 to study such an ordinance. This ordinance established a 6-month start-up period for existing short-term rentals to obtain a business license and set the business license requirements and use conditions specific to short- term rentals. The initial ordinance included a citywide density cap on the number of business licenses that may be issued for type 2 short-term rentals at 2% of the total dwelling units in the Fayetteville city limits. This cap is applied in zoning districts that do not allow hotel or motel uses. 2 There is currently a citywide cap of 875 business licenses for type 2 short term rentals based on the 2020 U.S. Census estimation of 43,795 housing units. The initial ordinance also established a limit of either 10% or a single unit, whichever is greater, on the total number of dwelling units used as type 2 rentals within a multi-family dwelling complex. Excluded from the multi-family cap are dwellings held separately through condominium association, horizontal property regime, fee simple, or similar ownership structure. Subsequent Ordinances No. 6505 adopted November 16, 2021 and No. 6537 adopted February 15, 2022 extended the start-up period to nine and twelve months, respectively. Since Ordinance No. 6427 was adopted on April 20, 2021, and as of September 14, 2022, Development Services has: • Issued 326 business licenses for type 2 short-term rentals o 282 are subject to the citywide density cap for a 32.2% usage of the cap • Issued 75 active business licenses for type 1 short-term rentals • Denied 104 business license applications for short-term rentals (most of which were denied due to not completing the business license application during the start-up period) o Of those denials 84 were for type 2 short-term rental applications • Received 5 complaints for short-term rentals • Issued 2 violation notices for short-term rentals Since the end of the start-up grace period on July 21, 2022 and as of September 14, 2022 Development Services has: • Received 54 conditional use permit applications for type 2 short-term rentals • Issued 51 business licenses for short-term rentals, 38 of which are type 2 short-term rentals • Denied 0 business licenses for short-term rentals This year as of September 14 the Fayetteville Planning Division has received a total of 83 conditional use permit applications, 54 of which have been submitted for type 2 short-term rentals since July 21. In less than two months, short-term rentals represent 65% of the total number of conditional use permits submitted for 2022, with an average of two conditional use permit applications per Planning Commission meeting in May, June and July and an average of eight applications Per Planning Commission meeting in August and September, which correlates with the end of the short-term rental start-up period. A sunset clause was included in the initial ordinance approved on April 20, 2021. The clause provided for an automatic repeal of the ordinance regulating short-term rentals within 20 months without action by the Council to repeal the sunset clause. This automatic repeal of the ordinance would take effect on December 20, 2022 if no action is taken by the Council to continue it. Given the enforcement provisions in the ordinance and the majority of short-term rentals being located in residential neighborhoods, continuing the regulation of short-term rentals provides clear expectations for operation and a remedy in the event that the use of a property as a short-term rental violates the adopted standards. If the sunset clause is not extended or if the short-term rental ordinance is not made permanent, this will remove life safety inspections and enforcement tools, render many short term rentals illegal, and likely reduce tax collections. 3 DISCUSSION: The purpose of this amendment is to remove the conditional use permit requirement for type 2 short-term rental business licenses, as requirements and review processes are otherwise in place to address the operation of short-term rentals. The citywide density cap provides a limit to the number of businesses licenses for type 2 short-term rentals, and the business license regulations grant administrative authority to revoke approved business licenses if it is found that the conditions of operation are not being met. Additionally, the removal of the requirement for the approval of a conditional use permit (CUP) prior to the issuance of a short-term rental reduces the time and resources allocated by the Planning Division’s Development Review staff to these items and allows for a reallocation of time to other customer service and development application review needs, including enforcing adopted ordinance. Per UDC Sec. 118.01(E)(18), a CUP may not permit more type 2 short-term rentals than is allowed by the city-wide density cap. It should be noted that type 2 short-term rentals in commercial and mixed-use zoning districts where hotels/motels are permitted by right do not contribute to the city-wide density cap. A conditional use permit may also not permit more type 2 short-term rentals in a multi-family dwelling complex than the multi-family density cap allows. Per UDC Section 163.02(C)(3)(c), the Planning Commission considers the following when reviewing CUP requests for type 2 short-term rentals or other conditional uses: •Compliance with the specific rules governing individual conditional uses •Ingress to and egress from property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe •Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district •Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading •Utilities, with reference to locations, availability, and compatibility •Screening and buffering with reference to type, dimensions, and character •Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district •Required setbacks and other open space •General compatibility with adjacent properties and other property in the district •General compatibility with the goals and intent of the city's adopted land-use, transportation, and other strategic plans Given the scope of review granted to the Planning Commission for CUPs and the requirements in place for a business license to operate a type 2 short-term rental, staff’s position is that the business license requirements are sufficient to adequately condition and enforce type 2 short- term rentals. Those requirements are included in UDC Sec. 118.01, attached to this memo. If the requirements for a business license are not being met for any short-term rental, enforcement provisions are in place to revoke an approved business license. Per UDC Sec. 118.01 (E)(19) 4 Suspension and Revocation: “If the Development Services Director has reason to believe that any of the grounds specified in §118.03(A) of the Fayetteville Code exist, or that any rental unit was rented for less than one (1) full night, or to more than one (1) part of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the Development Services Director may suspend or revoke the short-term rental's business license pursuant to the procedures detailed in §118.03 and in §118.04 of the Fayetteville Code.” The revocation of a business license may be appealed to the Fayetteville City Council. One reason staff advocates the business license as an enforcement rather than a CUP, is that the revocation of a business license is a more expedient process than that to revoke a CUP. The CUP revocation is described in UDC Sec. 163.14, Revocation or Change of Conditional Use, attached for reference to this memo. Although the business license approval process requires multiple steps and can take up to a few weeks to complete, the time from application to Planning Commission review of a CUP, approximately six weeks, has been perceived by some potential applicants as a hurdle representing a disincentive for compliance. Anecdotally, potential applicants have communicated to staff that the CUP requirement does not dissuade them from operating a short-term rental, rather that the requirement is a strong incentive to operate a short-term rental without the required approvals until a complaint is submitted. In the Planning Commission’s Long Range Planning Committee meeting on August 18, 2022 the Commissioners noted the sudden increase in the number of CUP applications on the regular meeting agendas and expressed a desire to streamline the review process. Commissioners additionally noted other concerns. These included impacts to neighborhood parking via the use of short-term rentals by large groups with multiple vehicles and whether thresholds for review should be set based on approved business licenses for short-term rentals approaching the citywide density cap. The committee ultimately voted 4-0-1 in favor of forwarding the item to the next available regular meeting. A further concern that has been expressed by the Planning Commission in recent meetings includes the potential impacts of long-term rentals changing to short-term rentals, and the resulting reduction in available housing. The city’s permanent population growth and the growth of student enrollment at the University of Arkansas both play a prominent role in the cost and availability of housing. Evaluating housing supply and demand and the role short-term rentals play in that dynamic is an ongoing task. As CUPs are a tool for reviewing compatibility and do not have the ability to affect the citywide density cap, retaining the CUP requirement would not effectively address this concern about housing. However, staff recognizes that as the school season begins and college athletics serve as a large weekend draw to the city, there are potential seasonal trends to short-term rentals that should be considered. As the citywide cap still has hundreds of available approvals, and as there is financial incentive to owners though increased income typical of a short-term rental, staff’s expectation is that economic trends will prove stronger than seasonal trends and continue to result in a large number of short-term rental requests. At their September 12, 2022 meeting, the Planning Commission evaluated the amendment described above before forwarding to the City Council, recommending approval. Commissioner 5 Brink made the motion to forward with Commissioner McGetrick providing the second. A vote of 6-2-0 followed. The Commissioners noted a desire to streamline the process and relieve the sudden large number of conditional use requests brought on by the end of the start-up period. The notification aspect of the conditional use permit, however, was viewed as a benefit and the Commissioners discussed whether notification requirements could be applied to the business license review process. The Commissioners expressed a preference for a means of notification to neighboring properties when a short-term rental is in review. Additional concerns included neighborhood destabilization caused by multiple properties on a block being used as short-term rentals, potential impacts to safety if neighborhoods are vacant part of the time, how short-term rentals affect housing affordability, and impacts to adjacent properties. The Commissioners asked to discuss further refinements to type 2 short-term rental requirements in their next Long Range Planning Committee meeting, but ultimately decided to forward the item to City Council acknowledging the timing of the sunset provision and that the Council may want to discuss the proposed amendment and sunset clause in more than one meeting. No public comment was received on the item, but staff did receive one call related to a request for a type 2 short-term rental conditional use permit application prior to the meeting in which the caller also had questions about the proposed amendment. In summary: •The conditional use permit requirement in addition to the business license requirement creates a duplicative set of reviews with no apparent gain in enforcement. •There have been minimal complaints issued to staff since the ordinance regulating short- term rentals was adopted. •Removing the CUP requirement does not remove the density cap requirement, and enforcement provisions are captured in the business license requirements. •Planning Commissioners intend to study and discuss the regulation of short-term rentals further, but at this time have forwarded the requested amendment and repeal of the sunset clause to the City Council with a recommendation of approval. BUDGET/STAFF IMPACT: N/A Attachments: •Proposed Ordinance – Exhibit “A” o §118.01, Applicability o §151.01, Definitions o §164.26, Short-Term Rentals •Proposed Ordinance Amendment in Strikeout/Highlight o §118.01, Applicability o §151.01, Definitions o §163.18, Short-Term Rentals • §163.14, Revocation or Change of Conditional Use (for reference, no change proposed) EXHIBIT ‘A’ ADM-2022-0043 118.01 Applicability (E) Short-Term Rentals. A residential dwelling unit, portion of a dwelling unit, or bedroom within a residential dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days. (1) Short-Term Rental, Type 1. A short-term rental where the principal use of the property remains as a full-time residence. The occupants or owner rent their primary residence as a short-term rental. A copy of the Homestead Tax Credit or long-term lease agreement for the subject property is required to be classified as a Type 1 rental. The occupant or owner must occupy the residence for nine (9) months of the year. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Type 1 short-term rental. (2) Short-Term Rental, Type 2. A short-term rental that is not occupied by a permanent resident. The owner lists this property full-time as a short-term rental and has no intention of having permanent residents living in the property. (3) License Required. No dwelling unit in the city shall be used as a short-term rental unless: (a) The owner of the dwelling unit or operator of the short-term rental possess a valid and current business license for the dwelling unit, and fully complies with all legal requirements and duties imposed herein with respect to each and every short-term rental; and (b) The owner has designated an agent, where said agent fully complies with all legal requirements and duties imposed herein with respect to every short-term rental. The owner may serve as their own agent. (c) The owner of the dwelling unit or operator of the short-term rental provides proof of a valid and current homeowners insurance rider policy which fully covers each unit when operated as short- term rental unit. (4) A separate business license shall be required for each dwelling unit used as a short-term rental. (5) Any change in ownership requires a new or amended business license. (6) If any required contact information changes for the associated business license, the person to whom the license was issued shall immediately notify the Development Services Department in writing. (7) License Application. The application for a business license shall include at minimum, the following information from applicants: (a) The property owner's information including legal name, mailing address, immediate contact phone number, and immediate contact E-mail address. (b) Information for the dwelling unit subject to the application, inclusive of the physical street address assigned by the city. (c) The type and total number of dwelling units located on the lot of record containing the dwelling unit subject to the application. (d) If the owner is not their own agent, the owner designated agent's information including legal name, mailing address, immediate contact phone number and immediate contact E-mail address. (e) Documentation of approval of a life safety and egress inspection by the City Building Safety Division for the dwelling unit subject to the application. (f) Proof of application for remittance of hotel, motel and restaurant tax to the City of Fayetteville, and verification that all sales, use, and hotel, motel and restaurant taxes are current. (g) Any additional data as deemed necessary or desirable for permit approval by the Development Services Director. (8) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter 118 of the Business Regulations (Business Registry and Licenses). (9) Legal Duties of License Holders. An owner possessing a short-term rental license shall comply at all times with the following requirements: (a) Occupancy. Short-term rentals shall be subject to, and may not exceed, the occupancy limits approved with the business license. (b) Advertisements. A short-term rental shall not be advertised if it violates occupancy, density, safety, and any of the other provisions of the Fayetteville Code. No short-term rental unit shall be advertised prior to having obtained a business license and the business license number shall be included in the advertisement listing. (c) Information and Posting. Business licensees shall provide to guests and post conspicuously in the common area of the short-term rental unit the city phone number to report a safety complaint. (10) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are available at all times during guest occupancy, including nights and weekends, in order to facilitate compliance with this section. For the purposes of these regulations, 'availability' means that the owner or agent is accessible by telephone, and, able to be physically present at the short-term rental within three (3) hours of being contacted. (11) Guest Records. The owner shall maintain summary guest registration records, which shall contain the actual dates of occupancy, total number of guests per party per stay, and the rate(s) charged, but shall not contain any personally identifiable information about guests. Such records shall be maintained for three (3) years and shall be provided to the City upon request. (12) Health and Safety. The owner shall ensure that each dwelling unit governed by this section complies with the applicable provisions of the Unified Development Code Chapter 173, Building Regulations. (13) Criminal Activity. The owner shall timely report any known or reasonably suspected criminal activity by a guest to the Fayetteville Police Department within twelve (12) hours maximum. (14) Taxes and Fees. Except for those instances in which a hosting platform bears the responsibility for collecting and remitting taxes and fees applicable to short-term rentals, the property owner shall timely remit in full Fayetteville Hotel, Motel and Restaurant tax and other applicable local, state, and federal taxes and city fees owed in connection with any short-term rental. The failure of a hosting platform to collect and remit taxes and fees shall not relieve an owner of the obligation to pay taxes and fees owed pursuant to this section. (15) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be granted by the Development Services Director through the issuance of a City of Fayetteville Business Registry and License (Business License). (16) Density For Type 2 Short-Term Rentals. A city-wide density cap of 2% of all dwelling units in the Fayetteville city limits may be utilized as Type 2 rentals. Total dwelling units are determined from current United States Census Bureau and/or American Community Survey numbers, whichever number is higher. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. Type 2 short- term rentals in commercial and mixed-use zoning districts where hotel/motels are permitted by right shall not contribute to the city-wide density cap. (b) More than 10% or a single unit whichever is greater; of total dwelling units as Type 2 rentals within a multi-family dwelling complex. (c) Individual 2-, 3- and 4-family buildings that are owned by the same person or entity and are not a part of a multi-family complex shall have no more than one (1) Type 2 short-term rental unit per building complex. (d) Where attached residential units are held separately through condominium association, horizontal property regime, fee simple, or similar ownership structure, no cap shall be applied to buildings with attached residential dwellings. Structures of attached residential dwellings where applicants seek more than 10% of total units for licensing as Type 2 rentals shall be evaluated by the Building Safety Director and/or Fire Marshal for adequate fire protection as defined by the adopted Arkansas Fire Prevention Code. Where inadequate fire protection is identified, improvements may be required prior to issuance of a business license. (17) Suspension and Revocation. If the Development Services Director has reason to believe that any of the grounds specified in §118.03(A) of the Fayetteville Code exist, or that any rental unit was rented for less than one (1) full night, or to more than one (1) part of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the Development Services Director may suspend or revoke the short-term rental's business license pursuant to the procedures detailed in §118.03 and in §118.04 of the Fayetteville Code. (18) Short-term rentals must comply with the Unified Development Code including the regulations contained in § 164.25 and must successfully obtain a business license prior to operation. 5 164.26 Short-Term Rentals (A) General Standards. (1) Residential Zoning Districts. Short-term rentals may be permitted in all zoning districts where residential uses are allowed by right. (2) Commercial and Mixed Use Zoning Districts. Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi-family buildings as specified in Chapter 118 of the Fayetteville City Code. (3) Occupancy. Maximum of two (2) people per bedroom, plus two (2), for the entire unit when operated as a short-term rental. (4) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (5) Special events are not permitted in a short-term rental. Example of special events include, but are not limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars. (6) Short-term rental units are allowed in any structure established as a permanent residential dwelling including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. (7) Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city- wide density maximum, may be granted by the Planning Commission as a conditional use permit. (8) Short-term rentals must comply with all applicable codes under City Code §118.01 and successfully obtain a business license prior to operation. EXHIBIT 'B' ADM-2022-0043 Created: 2022-07-06 12:48:43 [EST] (Supp. No. 25) Page 1 of 4 118.01 Applicability (A) General Businesses. (1) All businesses, institutions, corporations, LLCs, LLPs, partnerships, non-profit associations or corporations, sole proprietorships or other non-governmental entities with a physical address or which operates either a legally permitted home occupation or a short-term rental within the Fayetteville city limits shall be required to file for the City of Fayetteville Business Registry and License. A covered business or entity with multiple physical addresses in Fayetteville must obtain a separate business license for each such business address. (2) In addition, any person or non-governmental entity who has or should have a sales tax permit and operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (3) In addition, any person or non-governmental entity who is engaged in any trade or occupation which requires federal or state licenses and who operates out of a physical address within Fayetteville shall be required to file for the City of Fayetteville Business Registry and License. (B) Religious Entities. Churches and other religious institutions are exempt from this chapter unless they are performing functions like daycare that must be licensed by the state or that generate revenue upon which state sales or use taxes must be paid. The city business license shall not be required for the religious entity but only for those functions that require a state license or upon which state sales or use taxes must be paid. (C) Minors Exempt. No individual under eighteen (18) years of age shall be required to register or obtain a business license. Minors are prohibited from leasing, advertising, managing or any other activity involved in STRs unless they are an emancipated minor. (D) Individual Landlords Renting Less Than Three (3) Dwelling Units Exempt. An individual landlord, not operating as a corporation, LLC, LLP, or other business entity, who rents out less than three (3) dwelling units, and no commercial, industrial, or institutional unit, site or building shall be exempt from this chapter. However, a landlord that operates a short-term residential rental shall not be exempt and must apply for and obtain a business license for each individual short-term rental. (E) Short-Term Rentals. A residential dwelling unit, portion of a dwelling unit, or bedroom within a residential dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days. (1) Short-Term Rental, Type 1. A short-term rental where the principal use of the property remains as a full-time residence. The occupants or owner rent their primary residence as a short-term rental. A copy of the Homestead Tax Credit or long-term lease agreement for the subject property is required to be classified as a Type 1 rental. The occupant or owner must occupy the residence for nine (9) months of the year. Accessory dwelling units (ADUs) as defined in Unified Development Code Chapter 151 shall be considered a Type 1 short-term rental. (2) Short-Term Rental, Type 2. A short-term rental that is not occupied by a permanent resident. The owner lists this property full-time as a short-term rental and has no intention of having permanent residents living in the property. A conditional use permit is required for a Type 2 short-term rental prior to the city issuing a business license, except as defined in §118.01(E)(4). (3) License Required. No dwelling unit in the city shall be used as a short-term rental unless: (a) The owner of the dwelling unit or operator of the short-term rental possess a valid and current business license for the dwelling unit, and fully complies with all legal requirements and duties imposed herein with respect to each and every short-term rental; and Created: 2022-07-06 12:48:43 [EST] (Supp. No. 25) Page 2 of 4 (b) The owner has designated an agent, where said agent fully complies with all legal requirements and duties imposed herein with respect to every short-term rental. The owner may serve as their own agent. (c) The owner of the dwelling unit or operator of the short-term rental provides proof of a valid and current homeowners insurance rider policy which fully covers each unit when operated as short- term rental unit. (4) Twelve (12) Month Start-up Period. After the enactment of the short-term rental ordinance, short-term rental operators shall have twelve (12) months to submit an application for a business license for the operation of a short-term rental. After the twelve (12) month start-up period, all short-term rental units must have a business license to be considered in compliance. (a) Persons seeking to operate a short-term rental within twelve (12) months of the enactment of this Code section shall be granted a conditional use permit for such short-term rental without having to pay a fee or have a hearing before the Planning Commission. The conditions for such permit shall be full compliance with all terms and requirements of Chapter 118, Business Registry and Licenses, this section, and all other requirements of the Fayetteville Code including timely and full payment of all hotel, motel, and restaurant taxes to the city. Revocation of the business license shall also revoke the conditional use permit granted by this subsection. (b) Persons seeking to operate a Type 2 short-term rental who have failed to apply for such conditional use permit and business license prior to the end of the twelve (12) month start-up period shall be required to follow normal procedures and apply to the Planning Commission to request a conditional use permit which will be issued or denied pursuant to the Planning Commission's decision pursuant to §163.18(2)(a). (bc) Type 1 and 2 short-term rentals seeking a business license or permit under the 12-month start-up period which are currently operating in 2-, 3- and 4-unit buildings in which more than one (1) unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (cd) Applications submitted prior to the end of the 12-month start-up period shall expire sixty (60) days after the start-up period has ended if the business license has not been issued by the City by that time. (54) A separate business license shall be required for each dwelling unit used as a short-term rental. (65) Any change in ownership requires a new or amended business license. (76) If any required contact information changes for the associated business license, the person to whom the license was issued shall immediately notify the Development Services Department in writing. (87) License Application. The application for a business license shall include at minimum, the following information from applicants: (a) The property owner's information including legal name, mailing address, immediate contact phone number, and immediate contact E-mail address. (b) Information for the dwelling unit subject to the application, inclusive of the physical street address assigned by the city. (c) The type and total number of dwelling units located on the lot of record containing the dwelling unit subject to the application. (d) If the owner is not their own agent, the owner designated agent's information including legal name, mailing address, immediate contact phone number and immediate contact E-mail address. Created: 2022-07-06 12:48:43 [EST] (Supp. No. 25) Page 3 of 4 (e) Documentation of approval of a life safety and egress inspection by the City Building Safety Division for the dwelling unit subject to the application. (f) Proof of application for remittance of hotel, motel and restaurant tax to the City of Fayetteville, and verification that all sales, use, and hotel, motel and restaurant taxes are current. (g) Any additional data as deemed necessary or desirable for permit approval by the Development Services Director. (108) License Renewals. Business licenses for short-term rentals shall be renewed in accordance with Chapter 118 of the Business Regulations (Business Registry and Licenses). (119) Legal Duties of License Holders. An owner possessing a short-term rental license shall comply at all times with the following requirements: (a) Occupancy. Short-term rentals shall be subject to, and may not exceed, the occupancy limits approved with the business license. (b) Advertisements. A short-term rental shall not be advertised if it violates occupancy, density, safety, and any of the other provisions of the Fayetteville Code. No short-term rental unit shall be advertised prior to having obtained a business license and the business license number shall be included in the advertisement listing. (c) Information and Posting. Business licensees shall provide to guests and post conspicuously in the common area of the short-term rental unit the city phone number to report a safety complaint. (1210) Owner or Agent Accessibility. The property owner shall ensure that they or a designated agent are available at all times during guest occupancy, including nights and weekends, in order to facilitate compliance with this section. For the purposes of these regulations, 'availability' means that the owner or agent is accessible by telephone, and, able to be physically present at the short-term rental within three (3) hours of being contacted. (1311) Guest Records. The owner shall maintain summary guest registration records, which shall contain the actual dates of occupancy, total number of guests per party per stay, and the rate(s) charged, but shall not contain any personally identifiable information about guests. Such records shall be maintained for three (3) years and shall be provided to the City upon request. (1412) Health and Safety. The owner shall ensure that each dwelling unit governed by this section complies with the applicable provisions of the Unified Development Code Chapter 173, Building Regulations. (1513) Criminal Activity. The owner shall timely report any known or reasonably suspected criminal activity by a guest to the Fayetteville Police Department within twelve (12) hours maximum. (1614) Taxes and Fees. Except for those instances in which a hosting platform bears the responsibility for collecting and remitting taxes and fees applicable to short-term rentals, the property owner shall timely remit in full Fayetteville Hotel, Motel and Restaurant tax and other applicable local, state, and federal taxes and city fees owed in connection with any short-term rental. The failure of a hosting platform to collect and remit taxes and fees shall not relieve an owner of the obligation to pay taxes and fees owed pursuant to this section. (1715) Authorization to Occupy, Use, and Operate. Authorization to operate a short-term rental may be granted by the Development Services Director through the issuance of a City of Fayetteville Business Registry and License (Business License). (1816) Density For Type 2 Short-Term Rentals. A city-wide density cap of 2% of all dwelling units in the Fayetteville city limits may be utilized as Type 2 rentals. Total dwelling units are determined from Created: 2022-07-06 12:48:43 [EST] (Supp. No. 25) Page 4 of 4 current United States Census Bureau and/or American Community Survey numbers, whichever number is higher. A conditional use permit may not permit: (a) More Type 2 short-term rentals than what is allowed by the city-wide density cap. Type 2 short- term rentals in commercial and mixed-use zoning districts where hotel/motels are permitted by right shall not contribute to the city-wide density cap. (b) More than 10% or a single unit whichever is greater; of total dwelling units as Type 2 rentals within a multi-family dwelling complex. (c) Individual 2-, 3- and 4-family buildings that are owned by the same person or entity and are not a part of a multi-family complex shall have no more than one (1) Type 2 short-term rental unit per building complex. (d) Where attached residential units are held separately through condominium association, horizontal property regime, fee simple, or similar ownership structure, no cap shall be applied to buildings with attached residential dwellings. Structures of attached residential dwellings where applicants seek more than 10% of total units for licensing as Type 2 rentals shall be evaluated by the Building Safety Director and/or Fire Marshal for adequate fire protection as defined by the adopted Arkansas Fire Prevention Code. Where inadequate fire protection is identified, improvements may be required prior to issuance of a business license. (1917) Suspension and Revocation. If the Development Services Director has reason to believe that any of the grounds specified in §118.03(A) of the Fayetteville Code exist, or that any rental unit was rented for less than one (1) full night, or to more than one (1) part of guests for the same period of time, or otherwise failed to comply with all terms and conditions of this section, the Development Services Director may suspend or revoke the short-term rental's business license pursuant to the procedures detailed in §118.03 and in §118.04 of the Fayetteville Code. (2018) Short-term rentals must comply with all applicable codes underthe Unified Development Code including the regulations contained in §163.18§ 164.26 and must successfully obtain a business license prior to operation. ( Ord. No. 6427 , §§1(Exh. A), 2, 4-20-21; Ord. No. 6505 , §1(Exh. A), 11-16-21; Ord. No. 6521 , §§1, 2, 1-18-22; Ord. No. 6537 , §1(Exh. A), 2-15-22) 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." Created: 2022-07-06 12:48:45 [EST] (Supp. No. 25) Page 1 of 1 151.01 Definitions Short-term rental, Type 2. A short-term rental that is not occupied by a permanent resident. The owner lists this property full-time as a short-term rental and has no intention of having permanent residents living in the property. A conditional use permit is required for a Type 2 short-term rental prior to the city issuing a business license. (Code 1965, §§13A-1; 13B-1; 17B-7(a0, 19-24, 1713-2; App. A, Art. 17; App. B, §1; App. C, Art. 1, §D; Ord. No. 1509, 8-8-66; Ord. No. 1747, 6-20-70; Ord. No. 1790, 3-15-71; Ord. No. 1801, 6-21-71; Ord. No. 1859, 3-20-72; Ord. No. 1893, 12-19-72; Ord. No. 1998, 5-7-74; Ord. No. 2581, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 2753, 8-18-81; Ord. No. 2789, 1-18-82; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3011, 6-5-84; Ord. No. 3024, 8-21- 84; Ord. No. 3231, 12-2-86; Ord. No. 4024, §2, 3-28-87; Ord. No. 3298, 10-6-87; Code 1991, §§98.60, 118.01, 150.02, 156.001, 156.065, 158.03, 158.35, 159.04, 160.002, 160.096(A), 160.121, 161.06, 162.02, 163.02; Ord. No. 3551, 6-4-91; Ord. No. 3138, 11-5-85; Ord. No. 3165, 2-4-86; Ord. No. 3699, §2, 4-20-93; Ord. No. 3780, §1, 4-19- 94; Ord. No. 3794, §1 5-17-94; Ord. No. 3870, §1, 4-1-94; Ord. No. 3895, 6-20-95; Ord. No. 3901, §1, 2, 7-5-95; Ord. No. 3908, §1, 7-18-95; Ord. No. 3970, §1, 7-18-95; Ord. No. 3913, §1, 8-1-95; Ord. No. 3963, §1, 4-16-96; Ord. No. 3970, §1, 5-7-96; Ord. No. 3971, §1, 5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, 8-18-98; Ord. No. 4127, 12-15-98; Ord. No. 4178, 8-31-99; Ord. No. 4226, 2-15-00; Ord. No. 4285, 1-2-01; Ord. No. 4321, 6-19-01; Ord. No. 4340, 10-2-01; Ord. 4714, 6-21-05; Ord. No. 4817, 1-03-06; Ord. No. 4847, 3-7-06; Ord. No. 4855, 4-18-06; Ord. No. 4919, 09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5056, 9-04-07; Ord. No. 5128, 4-15-08; Ord. No. 5206, 12-16-08; Ord. No. 5238, 5-5-09; Ord. No. 5296, 12-15-09; Ord. No. 5304; 1-19-10; Ord. No. 5312, 4-20-10; Ord. No. 5313, 4-20-10; Ord. No. 5327. 6-1-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5348, 9-7-10; Ord. No. 5375, 12-21-10; Ord. No. 5453, 10-18-11; Ord. No. 5490, 4- 3-12; Ord. No. 5526 9-18-12; Ord. No. 5559, 01-03-13; Ord. No. 5592, 06-18-13; Ord. No. 5634, 11-05-13; Ord. No. 5653, 01-21-14; Ord. No. 5679, 4-15-14; Ord. No. 5735, 1-20-15; Ord. No. 5793, 8-18-15; Ord. No. 5866 , §1, 4-5- 16; Ord. No. 5888 , §1, 6-21-16; Ord. No. 5901 , §1, 9-6-16; Ord. No. 5951 , §1, 2-7-17; Ord. No. 5986 , §3, 7-6-17; Ord. No. 6015 , §2, 11-21-17; Ord. No. 6087 , §1, 9-4-18; Ord. No. 6245 , §1, 10-15-19; Ord. No. 6350 , §2(Exh. A), 8-18-20; Ord. No. 6407 §1, 1-19-21; Ord. No. 6427 , §§1(Exh. B), 2, 4-20-21; Ord. No. 6440 , §1, 5-18-21; Ord. No. 6442 , §7(Exh. G), 6-1-21; Ord. No. 6446 , §2(Exh. A), 6-15-21; Ord. No. 6520 , §§1, 2, 1-18-22; Ord. No. 6521 , §3, 1-18-22) 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." Created: 2022-07-06 12:48:49 [EST] (Supp. No. 25) Page 1 of 2 163.18164.26 Short-Term Rentals (A) General Standards. (1) Residential Zoning Districts. Short-term rentals may be permitted in all zoning districts where residential uses are allowed by right. (2) Commercial and Mixed Use Zoning Districts. Short-term rentals may be permitted in all zoning districts where hotel/motel uses are permitted by right and shall not count towards the Type 2 short-term rental density cap in these districts except in multi-family buildings as specified in Chapter 118 of the Fayetteville City Code. (3) Occupancy. Maximum of two (2) people per bedroom, plus two (2), for the entire unit when operated as a short-term rental. (4) Parking. Parking is limited to the maximum number of vehicles as allowed by the underlying zoning district for the residential building on the property. (5) Special events are not permitted in a short-term rental. Example of special events include, but are not limited to, weddings, receptions, anniversaries, private parties, fundraisers and business seminars. (6) Short-term rental units are allowed in any structure established as a permanent residential dwelling including an accessory dwelling unit. No recreational vehicle, trailer, other vehicle or structure not classified as a permanent residential dwelling may be used as a short-term rental. (7) Twelve-Month Start-up Period. After the enactment of the short-term rental ordinance, short-term rental operators shall have twelve (12) months to submit an application for a business license. After the twelve (12) month start-up period, all short-term rental units must have a business license to be considered in compliance. (a) Persons seeking to operate a short-term rental within twelve (12) months of the enactment of this Code section shall be granted a conditional use permit for such short-term rental without having to pay a fee or have a hearing before the Planning Commission. The conditions for such permit shall be full compliance with all terms and requirements of Chapter 118, Business Registry and Licenses, this section, and all other requirements of the Fayetteville Code including timely and full payment of all hotel, motel, and restaurant taxes to the city. Revocation of the business license shall also revoke the conditional use permit granted by this subsection. (b) Persons seeking to operate a Type 2 Short-term rental who have failed to apply for such conditional use permit and business license prior to the end of the twelve (12) month start-up period shall be required to follow normal procedures and apply to the Planning Commission to request a conditional use permit which will be issued or denied pursuant to the Planning Commission's decision pursuant to §163.18(2)(a). (c) Type 1 and 2 short-term rentals seeking a business license or permit under the twelve (12) month start-up period which are currently operating in 2-, 3- and 4-unit buildings in which more than one (1) unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (d) Applications submitted prior to the end of the twelve (12) month start-up period shall expire sixty (60) days after the start-up period has ended if the business license has not been issued by the city by that time. (87) Exceptions. Exceptions to the short-term rental standards, except proposals that would exceed the city- wide density maximum, may be granted by the Planning Commission as a conditional use permit. Created: 2022-07-06 12:48:49 [EST] (Supp. No. 25) Page 2 of 2 (98) Short-term rentals must comply with all applicable codes under City Code §118.01 and successfully obtain a business license prior to operation. ( Ord. No. 6427 , §§1(Exh. E), 2, 4-20-21; Ord. No. 6505 , §2(Exh. B), 11-16-21; Ord. No. 6537 , §2(Exh. B), 2-15-22) 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." 163.14 - Revocation Or Change Of Conditional Use (A) Upon receipt by the Planning Department of a written complaint by a Fayetteville resident that a holder of a conditional use has substantially violated or is violating any term or condition of the conditional use, the Planning Department shall investigate this complaint to determine if it is substantiated. (B) If the Planning and Zoning Administrator determines that the complaint is substantiated, official notification by letter outlining the violation shall be sent to the holder of the conditional use requiring immediate compliance with all conditions and terms of approval of the conditional use and noting the substantiated complaint. (C) If the Zoning and Development Administrator determines that the holder has violated the terms of the conditional use and failed to promptly and voluntarily correct its failures, the Zoning and Development Administrator shall refer the existing conditional use to the Planning Commission for its review. After a hearing for all interested persons, the Planning Commission may amend or add conditions to the conditional use, may revoke a conditional use for substantial violations of the existing terms and conditions of the conditional use, or may reaffirm that the holder has complied with all terms of its conditional use. (D) Except in extraordinary circumstances, the Zoning and Development Administrator shall not refer any alleged violations of a specific conditional use to the Planning Commission more often than once per year. (E) Periodic Review. In addition to the consideration of substantial violation provisions of (A), (B), and (C), the Planning Commission may periodically review and reconsider a conditional use permit under the following criteria: (1) Receipt of a petition to review an approved conditional use permit from an adjacent property owner and 50% or more of the property owners within 100 feet of the property boundary on which the conditional use permit has been granted, in a form provided by the Planning Division. The property owners signing the petition must provide the reasons for which they feel reconsideration is warranted and how they are adversely affected by the approved conditional use permit. (2) Upon receipt of a verified petition, the Planning Commission may review the conditional use permit and either approve the conditional use as it exists or modify the conditional use with new or altered conditions to achieve a greater degree of compatibility with adjacent properties. (3) Appeals from the decision of the Planning Commission under this subsection shall follow the requirements of §155 Appeals of the Unified Development Code, for conditional use permits. (4) The right to a periodic review of a conditional use under this subsection may only be exercised five (5) years or longer after the conditional use permit was granted. No periodic review may be conducted more than one (1) time in a five (5) year period. (5) This periodic review procedure is not applicable for wireless communication facilities and vital government facilities. (Ord. No. 4837, 02-21-06; Ord. No. 5330, 6-15-10) MEETING OF OCTOBER 4, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Fayetteville Planning Commission Britin Bostick, Long Range Planning/Special Projects Manager DATE: September 23, 2022 SUBJECT: ADM-2022-0043: Administrative Item: (Amend UDC Chapter 118 – Applicability, Chapter 151 – Definitions, and Chapter 163 – Short-Term Rentals): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to remove the conditional use permit requirement for type 2 short-term rentals and to repeal a sunset provision in Ordinance No. 6427. RECOMMENDATION: The Planning Commission recommends that the City Council consider an additional amendment to UDC Chapter 118 – Applicability to require notification to surrounding properties when a Type 2 short-term rental business license application has been submitted to Development Services and is in review. This would occur in lieu of the current conditional use permit requirement and associated public notification. The Planning Commission proposes that notification occur via letter to adjacent owners and residents or owners and residents within the standard development application notification radius of 200’, and that the letters be sent while the business license application for the type 2 short-term rental is being reviewed so that Development Services staff can confirm the notification was completed. The Planning Commission additionally recommends that the City Council consider additional provisions to regulate short-term rentals, which could include whether short-term rentals are permitted in every zoning district or restricted from some zoning districts, limits on total occupancy of short-term rentals, and density caps on a geographic basis rather than a citywide basis to reduce concentrations of short-term rentals in some neighborhoods. BACKGROUND: In their September 12, 2022 meeting the Fayetteville Planning Commission forwarded ADM-2022- 0043 to the City Council with a recommendation of approval. The recommendation included repealing the sunset clause in Ordinance No. 6427 to continue the regulation of short-term rentals and the removal of the conditional use permit requirement for type 2 short-term rentals. The Commissioners voted 6-2-0 to forward the item and noted a desire to streamline the process and relieve the sudden large number of conditional use requests brought on by the end of the start- up period. The notification aspect of the conditional use permit, however, was viewed as a benefit and the Commissioners discussed whether notification requirements could be applied to the Received by Britin Bostick 9/26/22 5:46 PM 2 business license review process. The Commissioners expressed a preference for a means of notification to neighboring properties when a short-term rental is in review. Additional concerns included neighborhood destabilization caused by multiple properties on a block being used as short-term rentals, potential impacts to safety if neighborhoods are vacant part of the time, how short-term rentals affect housing affordability, and impacts to adjacent properties. The Commissioners asked to discuss further refinements to type 2 short-term rental requirements in their next Long Range Planning Committee meeting, but ultimately decided to forward the item to City Council acknowledging the timing of the sunset provision and that the Council may want to discuss the proposed amendment and sunset clause in more than one meeting. Following the Planning Commission Agenda Session on September 22, 2022 the Planning Commission met in their Long Range Planning Committee to further discuss short-term rentals, focusing on type 2 short-term rentals. In that meeting, which was attended by six of the nine Commissioners, they reviewed data from staff, discussed concerns and considered whether to make further recommendations to the City Council. DISCUSSION: In their Long Range Planning Commission meeting on September 22, 2022 the Planning Commissioners discussed providing a letter or memo to the Council in addition to the forwarded item ADM-2022-0043 to be able to provide additional recommendations to the City Council as they consider whether to remove the sunset clause on the regulation of short-term rentals and whether to remove the conditional use permit requirement for type 2 short-term rentals. Questions and points of discussion from both Commissioners and staff included recognizing the benefits of notification to neighbors that a type-2 short-term rental was being reviewed, even if the notification was for awareness purposes only and not for public comment; the policy that a conditional use permit once approved is applied to the property and not to the business license, allowing future owners to apply for a business license without needing to reapply for a conditional use permit; the requirement for short-term rental agents to register with the City’s landlord registry; whether notification by letter would be issued after a type 2 short-term rental business license is approved or whether the notification should be a condition of approval of the business license; and the likelihood that short-term rentals are operating without receiving the required approvals. Additional discussion and consideration included whether the 2% citywide density cap on type 2 short-term rentals should be reduced to a lower percentage, whether short-term rentals should be restricted by zoning district, whether additional limits should be placed on the business license requirements for short-term rentals, how many type 2 short-term rental owners had addresses outside of Fayetteville, how many new housing units are being permitted compared to the number of type 2 short-term rental business licenses issued, and parking and occupancy issues being the main complaints received by the Planning Division. In summary: • The Planning Commission recommends that the City Council consider adding a notification requirement for the type 2 short-term rental business license in the event that the conditional use permit requirement is removed so that adjacent or surrounding 3 property owners and residents are notified by letter that a type 2 short-term rental application has been submitted and is in review. • The Planning Commission further recommends that the City Council consider whether short-term rentals should be permitted in every zoning district, whether there should be limits on the total number of occupants for any short-term rental, and whether there should be a density cap established on a geographic basis rather than a citywide basis. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: N/A 1 CityClerk From:CityClerk Sent:Tuesday, October 11, 2022 3:20 PM To:CityClerk Subject:Short-Term Rentals - Requested Information & Resources (2022-0878) From: Curth, Jonathan <jcurth@fayetteville‐ar.gov> Sent: Friday, October 7, 2022 2:35 PM To: Curth, Jonathan <jcurth@fayetteville‐ar.gov> Cc: Bostick, Britin <bbostick@fayetteville‐ar.gov> Subject: Short‐Term Rentals ‐ Requested Information & Resources Mayor & Council, As a first step in responding to Council’s questions and concerns about short‐term rentals, we have collected the following items with access through the City’s short‐term rental page: Short‐Term Rental Quick/Helpful Links October 4, 2022 City Council Presentation December 14, 2018 UA Student STR Policy Analysis and Alternatives Presentation December 2018 UA Student STR Policy Analysis and Alternatives Development Services Dashboard Map: This maps opens with a display of all business licenses, short‐term rental or otherwise. Please use the dialogue box towards the upper right titled “Type of License” to select “BL Short‐ Term Rental, Type 1”, “BL Short‐Term Rental, Type 2”, or a combination of both. Please let us know if you have follow‐up questions, concerns, or requests for information. In the meantime, Britin and I are working on answers to your questions on enforcement, compliance, and localizing allowances, along with proposals to address these concerns. We appreciate your thoughtful input and efforts to constructively consider the ordinance. Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas jcurth@fayetteville‐ar.gov 479.575.8308 Website l Facebook l Twitter l Youtube Received by Jonathan Curth 10/07/22 2:35 PM Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0919 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: C.1 REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT DEFINING DEVELOPMENT AGREEMENT TERMS WITH REINDL PROPERTIES, INC. FOR A PUBLIC PRIVATE PARTNERSHIP FOR CONSTRUCTION OF THE MIXED-USE BUILDING PLANNED TO PROVIDE GROUND FLOOR ACTIVE USES FOR THE RAMBLE CIVIC PLAZA ON THE SOUTHERN END OF THE SITE WHEREAS, on August 29, 2021, the City issued a request for proposals to solicit innovative building proposals for the southern anchor building on the Civic Plaza; and WHEREAS, Reindl Properties, Inc., which submitted the only proposal, was chosen by the City’s selection committee for the project; and WHEREAS, a contractual Letter of Intent providing an initial framework for a final land sale and development agreement has been negotiated by staff and the proposer with terms including purchase of the property based on a fair market appraisal, proposed uses of the building, architectural design features, parking strategies, public art opportunities, and the inclusion of public restrooms and event storage space for the Civic Plaza and Razorback Greenway; and WHEREAS, the Letter of Intent also specifies that the final development agreement will include a termination and buy back clause requiring Reindl Properties to start construction on the new building within 12 months of substantial completion of the Civic Space. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the contractual Letter of Intent with Reindl Properties, Inc., a copy of which is attached to this Resolution, to proceed with the negotiation of a final land sale and development agreement for the construction of a mixed-use building as the southern anchor of the Ramble Civic Plaza. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 9/26/2022 Submitted Date -$ -$ Must Attach Completed Budget Adjustment! V20210527 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget -$ -$ -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2022-0919 Legistar File ID 10/18/2022 City Council Meeting Date - Agenda Item Only Approve a resolution authorizing Mayor Jordan to sign a letter of intent defining development agreement terms with Reindl Properties for a public private partnership for construction of the mixed-use building planned to provide ground floor active uses for the Ramble Civic Plaza on the southern end of the site. N/A for Non-Agenda Item Action Recommendation: Submitted By Wade Abernathy FACILITIES MANAGEMENT (140) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: MEETING OF OCTOBER 18, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Wade Abernathy, Director Bond Construction Projects DATE: September 25, 2022 SUBJECT: Resolution authorizing Mayor Jordan to sign a letter of intent with Reindl Properties for the construction of a mixed-use building on the Ramble/Cultural Arts Corridor Civic Plaza RECOMMENDATION: Staff recommends adopting a resolution authorizing Mayor Jordan to sign a letter of intent defining development agreement terms with Reindl Properties for a public private partnership for construction of the mixed-use building planned to provide ground floor active uses for the Ramble Civic Plaza on the southern end of the site. BACKGROUND: Schematic design for the Ramble Civic Plaza, a 2019 voter approved downtown revitalization project, focused on the West Avenue civic space. The vision for the civic space was completed in January 2019, following a series of public design charettes. The design chosen by participants who engaged in the process consists of a gathering and event lawn, public plaza, garden spaces, and a civic promenade, with two buildings bordering the site on the north and south ends, as bookends of the plaza. The southern building will be integral to the site, as a backdrop for what will become a stage and performance area for the plaza. Additionally, the building will provide public restrooms accessible from the Razorback Greenway and Civic Plaza storage space within the ground floor. A Request for Proposals (RFP) process solicited competitive development proposals for a public private partnership to build the southern anchor building on the West Avenue Civic Plaza. The RFP asked for an approximately 14,300 square foot building footprint with a height limit of seven stories and three primary facades. Additionally, the city requested that the building be constructed of high‐quality and lasting materials that are complimentary to the overall aesthetic of the site and the emergent Arts and Entertainment District. The RFP, issued in August 2021, was advertised on several platforms, including on the CoStar website which provides market-leading research on commercial real estate properties in nearly all markets and sub-markets. The RFP was downloaded by over 100 interested parties. A non‐ 2 mandatory pre‐proposal conference held in September, 2021 was attended by over 30 participants. Additional Background: Key to the design and planning of the overall spaces are the public private partnerships that can help activate the space and provide a mixed use, sales tax generating, downtown development project to complement the city’s investment in The Ramble. Partners are both private developers and philanthropic support efforts. Initial design for this transformative project was made possible by a 2017 grant from the Walton Family Foundation’s Design Excellence Program. Award-winning landscape architects Nelson Byrd Woltz (NBW) were selected to design the corridor with the primary goals of: • Increasing public access and strengthening the surrounding neighborhood, • Leveraging the connected trail network, • Demonstrating a commitment to sustainability, and • Embodying an innovative spirit, encouraging visitors and residents to engage with the space in new ways. There are five primary elements included in plans for the Cultural Arts Corridor bond project: The West Avenue Civic Space, West Avenue streetscapes, The Fay Jones Woods, The Razorback Greenway, and a new parking deck one block north of the corner of West Ave. and Dickson Street. In April 2019, citizens of Fayetteville voted to authorize a $31,685,000 bond for construction of the Cultural Arts Corridor Improvements. Arts Corridor improvements to the Fay Jones Woods, the southern portion of the Razorback Regional Greenway, and the southern portion West Ave. began in September 2020 with construction completed in September, 2022. Construction of the new parking deck began in January 2022 with completion planned in early 2023. In June 2021, after a 5-month public renaming process, the City announced The Ramble as the new name for the Cultural Arts Corridor. DISCUSSION: On October 26, 2021, the City of Fayetteville accepted proposals for the southern anchor building on the Civic Plaza. One proposal was received from Reindl Properties that included a project team with a passion for high-quality construction, human-scaled design, craftsmanship, efficiency, and love of community. Their team includes: • Brian Reindl – Developer and owner of the adjacent Metro Building along with several other properties in and around downtown Fayetteville. • Rob Sharp – Architect and designer of several Fayetteville projects including: Three Sisters Building, Mill District, The Dickson Building and most recently the Network Building, which was designed to be the first net zero mixed-use building in Fayetteville. • Windsor Aughtry – Hotel developer with over 25 years of experience developing urban hotel projects in the Southeastern US. They are currently working in the Northwest Arkansas market. In addition to assisting with the development project, they will assist in 3 selecting a management company that will operate the hotel and ensure its active uses are in coordination with the city’s active plaza uses. • CR Crawford – General Contractor headquartered in Fayetteville, with experience building multiple urban infill projects. The Selection Committee chose the proposal from Reindl Properties and staff began to negotiate a public private partnership agreement for the construction of the building, resulting in the attached Letter of Intent (LOI) to provide an initial framework for that agreement. Terms in the LOI will guide final development and land sale agreements to be brought back to the City Council at a later date for final approval. The LOI specifies that the final development agreement will have a termination and buy back clause requiring Reindl properties to start construction on the new building within 12 months of the completion of the Civic Space. Also, within four weeks of approval of the LOI, Reindl Properties will take additional community input on the ways in which the proposed building will interact with the plaza and civic space. As indicated in the LOI renderings, the proposed mixed-use building will be substantial and striking. The building’s proposed uses will increase the liveliness of the adjacent Civic Plaza and attract visitors to the downtown. Hotel guests will eat, shop and recreate in the area, providing benefit to many existing local businesses. Initial analysis shows that the project would provide approximately $350,000 per year in sales and HMR taxes to the City plus another $85,000 per year in property tax to the City of Fayetteville for the general fund, library and fire and police departments. The construction impact of this $50 million construction project will approximately yield another $175,000 in sales tax revenue. If the Council approves this resolution, it will allow the following steps to occur: • City staff and design consultants with Nelson Byrd Woltz will work with Reindl Properties to finalize the building footprint in relationship to the trail relocation and relative to the final design of the Civic Plaza. • Staff will work with Reindl Properties to secure a third party, independent appraisal for the land values. • Major terms and conditions for a proposed Contract for the final agreement will be provided in a resolution of intent for the City Council. • Council will review and approve the PZD. • Staff will request approval of an Ordinance authorizing the real estate contract which will also include the final development agreement. BUDGET/STAFF IMPACT: As discussed, the value of the land sale to Reindl Properties shall be based on appraised market value. The value of land will be used to offset the cost of construction of public restrooms and Civic Plaza storage space within the ground floor of the mixed use building, thereby eliminating this capital expenditure from the City of Fayetteville’s cost to construct the 4 adjacent Civic Plaza. Any land sale proceeds not applied to these items will be appropriated to the Civic Plaza project. Attachments: Letter of Intent RFP Response from Reindl Properties Final Civic Plaza Schematic Design from 2019 Page 1 of 13 LETTER OF INTENT, CIVIC SPACE AT THE CULTURAL ARTS CORRIDOR, MIXED USE BUILDING Background: On April 9, 2019, the voters of the City of Fayetteville (“City”) approved a bond issue for the Cultural Arts Corridor (recently renamed the Ramble) in downtown Fayetteville. The Ramble design for the Civic Space at the southwest corner of Dickson Street and West Avenue consists of a gathering and event lawn, community plaza, garden spaces, a public promenade and building sites on the plaza. The southern anchor building site was proposed to support and enhance the experience of the Civic Plaza, to provide community benefit, to frame the view of the Civic Space and to generate tax revenues. On October 26, 2021, the City accepted Request for Proposals for the design and construction of innovative development proposals for the southern anchor building. The City Selection Committee selected Reindl Properties Inc. (“Reindl”) to implement the vision of a southern anchor building that is both beautiful and of exceptional architectural quality, material, and urban design befitting this extraordinary location. This document describes an agreement between the City and Reindl regarding that property on the south end of the Civic Space adjacent to West Avenue and Spring Street. The basic terms of the agreement would be as follows: 1. The Building: A. Reindl will construct a multi-story Mixed Use Building (the “Building”) containing hotel uses and associated meeting spaces, office spaces, street level retail, and hospitality spaces. The Building may include other uses as necessary to meet the financial goals of the project. The following Use Units will be allowed, subject to City’s approval: Unit 4: Cultural and Recreational Facilities; Unit 13: Eating Places; 12a: Limited Business; 12b: General Business; Unit 14: Hotel, Motel and Amusement Facilities; Unit 15: Neighborhood Shopping Goods; Unit 16: Shopping Goods; Unit 19: Commercial Recreation, Small Sites; Unit 25: Offices, Studios, and Related Services; Unit 26: Multi-Family Dwellings; Unit 29: Dance Halls; Unit 34: Liquor Stores; Unit 35: Outdoor Music Establishments; Unit 40: Sidewalk Cafes; Unit 45: Small Scale Production; and Unit 46: Short Term Rentals. B. As befits its prominent location, the Building will be a substantial and attractive building. The building design and site development will be subject to City’s development review process, ordinances, and rules. The final building design, plans and specifications, including but not limited to exterior finishes is subject to City Council approval. Nothing in this Letter of Intent is intended to or may be construed as a waiver of any of City’s ordinances, rules, or regulations. C. The Building will have three primary facades; one facing the Civic Plaza to the north, one facing the vacated Spring Street right-of-way to the south, and the third facing West Avenue to the east. All primary facades will be attractive, well-proportioned, and constructed of high-quality materials in accordance with the plans and specifications. D. The Building shall be designed and built in substantial compliance with the drawings on the attached Exhibits A, B and C which depict the minimum standards for materials, design, and architectural features. Any significant deviation from exterior design reflected on Exhibits A, B, and C is subject to additional City Council approval. Page 2 of 13 2. The Location: The Building will be located at the south end of the Civic Space as shown in Exhibits D and E. The indoor- outdoor relationship of the Building to the Civic Plaza will demonstrate sensitivity and engagement towards the Civic Plaza to the north, the West Avenue Promenade to the east, and to the Metro Building to the south. Exhibit G identifies the approximate Building location on City property, however the exact legal description of the property to be conveyed from the City to Reindl, as further described in Paragraph 9, will be determined by a land survey, the cost of which will be shared equally between the City and Reindl. 3. Ground Floor Activity: Ground floor uses at the Building shall be open and inviting to the general public. The operating plan and design for the ground floor activity shall support activation of the Civic Plaza. It is anticipated that bar, restaurant, café, and retail uses will be included. Hotel lobby shall be designed to be open and inviting. Refer to Exhibit F for a diagrammatic floor plan showing the location of these uses. 4. Public Benefit: In addition to increasing the beauty and liveliness of the Civic Space, the Building will also have a substantial fiscal impact for the City. A project of this scale, over a 10-year period, would provide approximately $3.5 million to the Fayetteville Public School System and approximately $3.3 million to various City operations such as the library, police and fire departments, roads, and general fund. During construction, Reindl will make a good faith effort to purchase building supplies locally to increase sales tax revenues for the City . 5. Benefit to Local Merchants and Downtown Business Owners: A project of this scale will attract visitors to the downtown. Hotel guests will eat, shop, and play in the area. In addition, Reindl has a proven track record in recruiting and retaining local entrepreneurs, which provides both an economic benefit to small business enterprises and enhances local character. 6. Parking: Hotel uses are ideal for a smart parking strategy. Valet parking is the best and most convenient way to address the matter. This allows remote storage of cars off-site. Once parked, a hotel guest in this location has access to the University of Arkansas, Dickson Street Entertainment District, Downtown Square, Razorback Greenway, Walton Arts Center, TheatreSquared, and multiple restaurant and shopping opportunities; all within a short walk. Personal mobility devices, such as electronic scooters, can boost the range of the hotel guests. Superb bicycle infrastructure is already in place. At many times of the day, existing City parking resources are underutilized. The hotel will create parking demand for those off-peak times and will be a significant revenue source for the City’s parking resources. Reindl will provide basement level parking in the Building with capacity of a minimum of 32 parking spaces. City agrees to lease or provide access to city’s excess parking spaces to Reindl per current market rates. Reindl is responsible for setting up valet parking services and encouraging the use of valet parking so that hotel guests do not add pressure to existing parking loads in the Dickson Street Entertainment Zone. Page 3 of 13 Reindl will continue to pursue the purchase or lease of off-site parking for the Building. Prior to executing and as a condition of entering into the land purchase agreement, Reindl will have parking agreements in place that comply with City code sections 172.05 and 156.03C(5) and as are deemed sufficient by City. 7. Loading and Solid Waste: Reindl will provide areas for loading, recycling, and solid waste receptacles on the west side of the Building. No loading, waste removal, or recycling will be done from West Avenue or any other public street. 8. Sustainability: A. Sustainability has been a core goal of the Cultural Arts Corridor as demonstrated by the City's efforts at making this project the first SITES Certified project in Arkansas. Reindl proposes a furtherance of this sustainability commitment by constructing a healthy, efficient, and durable building on the Civic Plaza. B. Indoor air quality is a critical aspect of the design, particularly in light of recent health challenges. Proper indoor finish selection and air filtering are vital to the success of any new building, particularly one that involves hospitality and lodging. Reindl will implement the use of design and sufficient air filtering to promote indoor air quality in the Building. C. Another important characteristic is an efficient building envelope. Keeping water and air out and creating a good thermal barrier is critical. Reindl commits to an efficient and properly designed envelope that will prevent air and water infiltration and reduce thermal bridging. Reindl will implement the use of smart energy-management systems to decrease energy use in the Building. Smart systems will be installed to avoid heating and cooling vacant rooms. D. The most sustainable aspect of a building is to construct and detail for a long life. A building that lasts several hundred years is superior to one that has a design life of a few decades. The simplicity of the proposed Building design as reflected on Exhibits A, B, and C, is rational and straightforward and will be easy to maintain far into the future. 9. Land Purchase: A. Reindl will purchase land for the Building from City in the approximate location as reflected on Exhibit G. The exact legal description of the land to be conveyed shall be determined by a survey. B. The purchase price for the land shall be the fair market value for the property as determined by a third-party real estate appraiser to be selected by both parties. C. Costs of the appraisal, surveys, and closing costs shall be split evenly between Reindl and City and listed on the settlement statement at closing. D. A real estate contract will be entered into to formalize the real estate transaction once appraisals, surveys, and market studies have been completed. Closing on the property to occur after Reindl obtains a Building Permit from City in accordance with the terms and intent of this Letter of Intent. E. Reindl shall convey property or grant perpetual easements across real property to City for construction of public walking and biking trails. The consideration for Reindl’s property transfer or grant of Page 4 of 13 perpetual easements to City shall be either (1) the fair market value of the real property transfer or perpetual easements determined by a third-party appraiser to be selected by both parties, which shall be deducted from the Purchase Price at Closing, or (2) City will grant Reindl, at Reindl’s request, an easement on City owned property, or (3) the option to purchase City property adjoining the development at a restricted use value. F. City and Reindl will coordinate design consultants on designing bicycle, pedestrian, automotive, and landscape infrastructure on all sides of the Building. Costs of those improvements and agreement as to which costs will be paid by City and which will be paid by Reindl shall occur prior to entering into the real estate purchase contract and shall be a condition of the real estate contract. G. Closing on the land purchase transaction will occur within a reasonable time after execution of the real estate contract as agreed between the parties. 10. Infrastructure: A. Infrastructure costs that will benefit both City and Reindl, such as extending water and sanitary sewer to the Building site, shall be evenly split between Reindl and City. Any infrastructure cost for the sole benefit of the Reindl will be at its own expense. B. The City will assist Reindl in coordinating burial of overhead power lines and may, at its sole discretion, choose to share a portion of this cost. C. Reindl will work with electrical, cable, telephone, and gas utilities to provide and extend service to the Building site. City will reasonably cooperate to provide utility easements if necessary. 11. Restrooms, and stage support space: A. The Building shall contain, at street level, publicly accessible restrooms to serve trail and other public space users (the “City Restrooms”). All City Restrooms must comply with the Americans with Disabilities Act. Access to the City Restrooms shall be from the Frisco Trail. B. The Building shall also contain at street level a “back of house” space to be used by event organizers. C. Reindl shall be responsible for the construction of the City Restrooms and storage space, however, City shall have oversight of the design of the City Restrooms and storage space. D. The City Restrooms and stage storage space shall be a minimum of 1,600 square feet. Public restrooms shall face and be accessible from the Razorback Greenway. Stage support space shall be located proximate to the outdoor stage immediately north of the Building. E. The costs of construction of the City Restrooms and storage space, including the pro-rata share of the cost of foundations, structure, roof, and exterior walls as well as the electrical, plumbing, and HVAC equipment and services, and all interior finishes, doors, hardware, and other elements desired by the City shall be paid for by the City. The cost of these items shall be deducted from the Purchase Price at Closing of the real estate transaction. F. City shall have the exclusive use, control, possession, and right to the City Restrooms and storage space pursuant to a perpetual exclusive easement granted by Reindl, the form of which must be agreed prior to entering into the real estate contract described in paragraph 9. Page 5 of 13 G. Reindl will provide separate public restrooms for the use of patrons of the Building at its sole expense, in accordance with City’s ordinances, rules, and regulations. 12. Adjacent Exterior Features: NBW, City’s landscape design architects, will prepare a landscape design for the north and east sides of the Building and Reindl shall implement and install landscaping on property that is owned by Reindl in accordance with NBW’s landscape plan. Use of the exterior spaces shall be coordinated between Reindl and City, anchor institutions adjacent to the land, (e.g., Walton Arts Center, TheatreSquared, etc.) and any other group selected by the City to represent its interests in creating a lively and attractive park. Use agreements shall be developed to ensure that Building’s ground floor uses support the activation of the Civic Plaza. Each party shall be responsible for the maintenance of exterior spaces and landscaping on property it owns. 13. Opportunities for Public Art: Reindl shall provide locations for public art display at the Building. Public art shall be coordinated between Reindl and local arts organizations, including any groups selected by City to represent its interests in creating opportunities for public art. 14. Public Communication and Outreach Event: In keeping with the open and transparent Cultural Arts Corridor design process, Reindl shall present the design of the Building to anchor institutions and the general public for additional review and comment. Such presentation shall occur within 4 weeks of acceptance of this Letter of Intent. 15. Development Review Process: Once financing has been secured for the project, but no later than July 1st 2024, Reindl shall submit the Building plans and specifications to the City of Fayetteville’s development review process and Building Permit review. To allow an enhanced level of scrutiny, and to address the unique aspects of this site, this project will be submitted as a Planned Zoning Development (PZD), which will document the specific development strategies and design standards that are shown in this document. The PZD process allows review of the project at the level of planning staff and the Planning Commission. At the final step of the PZD process, the full project will be brought back to City Council for review and approval. At both Planning Commission and City Council, members of the public are allowed and encouraged to ask questions of the developer and to comment upon the proposal. 16. Termination Clause: If Reindl does not secure a Building Permit for the Building within twelve (12) months of substantial completion of City’s Civic Space, then this Letter of Intent and all agreements pertaining to this Letter of Intent shall be null and void. 17. City of Fayetteville Right to Buy Back Land Should Reindl not commence construction of the Building within sixty (60) days of City issuing a Building Permit or should Reindl not complete construction of the Building within twenty four (24) months of issuance of the Building Permit, then City at its sole discretion shall have the right to buy back the land, and any Page 6 of 13 improvements made as of that date. The purchase price City will pay Reindl will be the original Purchase Price Reindl paid City, plus the fair market value of the completed improvements as determined by a third-party real estate appraiser, less all amounts paid by City for construction or construction estimates for the City Restrooms and storage space. CITY OF FAYETTEVILLE BY: Lioneld Jordon, Mayor, City of Fayetteville Date Attest: City Clerk Date REINDL PROPERTIES, INC. By 29 September 2022 Brian Reindl, President, Reindl Properties, Inc. Date Page 7 of 13 EXHIBIT A: VIEW OF HOTEL FROM WEST AVENUE EXHIBIT B: VIEW OF HOTEL FROM CIVIC SPACE Page 8 of 13 EXHIBIT C: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL VIEW FROM NORTHEAST VIEW FROM NORTHWEST Page 9 of 13 EXHIBIT C, continued: EXTERIOR MATERIAL AND DETAIL DIAGRAMS FOR THE HOTEL VIEW FROM SOUTHWEST VIEW FROM SOUTHEAST Page 10 of 13 EXHIBIT D: AERIAL VIEW OF HOTEL FROM THE NORTHEAST TheatreSquared Nadine Baum The Dickson Grub’s George’s Walton Arts Center Page 11 of 13 EXHIBIT E: CONCEPTUAL SITE PLAN, PRELIMINARY DESIGN, SHOWING HOTEL AT SOUTH END OF CIVIC SPACE Page 12 of 13 EXHIBIT F: DIAGRAMMATIC PLAN OF GROUND FLOOR SPACES CIVIC SPACE SIDE SPRING STREET SIDE RAI LR O AD SI DE WE ST AV ENUE SI DE Page 13 of 13 EXHIBIT G: CityofFayetteville,AR RFP21Ͳ02,PublicPrivatePartnershipforCulturalArtsCorridorDevelopment Page1of27 CityofFayetteville,Arkansas PurchasingDivision–Room306 113W.Mountain Fayetteville,AR72701 Phone:479.575.8220 TDD(TelecommunicationDevicefortheDeaf):479.521.1316 RequestforProposal:RFP21Ͳ02,PublicPrivatePartnershipforCulturalArts CorridorDevelopment DEADLINE:Tuesday,October26,2021before2:00PM,localtime PreͲProposalConference:Thursday,September16,2021at2:00PM,localtime PURCHASINGMANAGER:JonathanSmith,jonsmith@fayettevilleͲar.gov DATEOFISSUEANDADVERTISEMENT:Sunday,08/29/2021–Secondad,09/26/21 REQUESTFORPROPOSAL RFP21Ͳ02,PublicPrivatePartnershipforCulturalArtsCorridorDevelopment Nolateproposalsshallbeaccepted.RFP’sshallbesubmittedinsealedenvelopeslabeledwiththeprojectnumberand nameaswellasthenameandaddressofthefirm. AllproposalsshallbesubmittedinaccordancewiththeattachedCityofFayettevillespecificationsandbiddocuments attachedhereto.EachProposerisrequiredtofillineveryblankandshallsupplyallinformationrequested;failuretodoso maybeusedasbasisofrejection.Anybid,proposal,orstatementsofqualificationwillberejectedthatviolatesorconflicts withstate,local,orfederallaws,ordinances,orpolicies. Theundersignedherebyofferstofurnish&deliverthearticlesorservicesasspecified,attheprices&termsstatedherein, andinstrictaccordancewiththespecificationsandgeneralconditionsofsubmitting,allofwhicharemadeapartofthis offer.ThisofferisnotsubjecttowithdrawalunlessuponmutualwrittenagreementbytheProposer/BidderandCity PurchasingOfficial. NameofFirm:________________________________________________________________ ContactPerson:______________________________Title:____________________________ EͲMail:______________________________________Phone:_________________________ BusinessAddress:_____________________________________________________________ City:_______________________________State:__________________Zip:_____________ Signature:_______________________________________Date:_______________________ RFP (REQUEST FOR PROPOSAL) Reindl Properties, LLC Brian Reindl President greaterproductions@gmail.com 479.283.6816 509 W Spring Street, Suite 310 Fayetteville Arkanas 72701 10/26/2021 CityofFayetteville,AR RFP21Ͳ02,PublicPrivatePartnershipforCulturalArtsCorridorDevelopment Page26of27 CityofFayetteville RFP21Ͳ02,PublicPrivatePartnershipforCulturalArtsCorridorDevelopment SECTIONC:SignatureSubmittal 1.DISCLOSUREINFORMATION ProposermustdiscloseanypossibleconflictofinterestwiththeCityofFayetteville,including,butnotlimitedto, anyrelationshipwithanyCityofFayettevilleemployee.Proposerresponsemustdiscloseifaknownrelationship existsbetweenanyprincipaloremployeeofyourfirmandanyCityofFayettevilleemployeeorelectedCityof Fayettevilleofficial. If,toyourknowledge,norelationshipexists,thisshouldalsobestatedinyourresponse.Failuretodisclosesuch arelationshipmayresultincancellationofapurchaseand/orcontractasaresultofyourresponse.Thisform mustbecompletedandreturnedinorderforyourbid/proposaltobeeligibleforconsideration. PLEASECHECKONEOFTHEFOLLOWINGTWOOPTIONS,ASITAPPROPRIATELYAPPLIESTOYOURFIRM: ___________1)NOKNOWNRELATIONSHIPEXISTS ___________2)RELATIONSHIPEXISTS(Pleaseexplain):___________________________________________ Icertifythat;asanofficerofthisorganization,orpertheattachedletterofauthorization,amdulyauthorizedto certifytheinformationprovidedhereinareaccurateandtrue;andmyorganizationshallcomplywithallState andFederalEqualOpportunityandNonͲDiscriminationrequirementsandconditionsofemployment. PursuantArkansasCodeAnnotated§25Ͳ1Ͳ503,theContractoragreesandcertifiesthattheydonotcurrently boycottIsraelandwillnotboycottIsraelduringanytimeinwhichtheyareenteringinto,orwhileincontract, withanypublicentityasdefinedin§25Ͳ1Ͳ503.Ifatanytimeduringcontractthecontractordecidestoboycott Israel,thecontractormustnotifythecontractedpublicentityinwriting. 2.PRIMARYCONTACTINFORMATION AtthediscretionoftheCity,oneormorefirmsmaybeaskedformoredetailedinformationbeforefinalranking ofthefirms,whichmayalsoincludeoralinterviews.NOTE:EachProposershallsubmittotheCityaprimary contactname,eͲmailaddress,andphonenumber(preferablyacellphonenumber)wheretheCityselection committeecancallforclarificationorinterviewviatelephone. CorporateNameofFirm:____________________________________________________________________ PrimaryContact:_____________________________TitleofPrimaryContact:__________________________ Phone#1(cellpreferred):_____________________________Phone#2:________________________________ EͲMailAddress:_____________________________________________________________________________ X Reindl Properties, LLC Brian Reindl President 479.283.6816 N/A greaterproductions@gmail.com CityofFayetteville,AR RFP21Ͳ02,PublicPrivatePartnershipforCulturalArtsCorridorDevelopment Page27of27 3.ACKNOWLEDGEMENTOFADDENDA Acknowledgereceiptofaddendaforthisinvitationtobid,requestforproposal,orrequestforqualificationby signinganddatingbelow.AlladdendumsareherebymadeapartofthebidorRFPdocumentstothesameextent asthoughitwereoriginallyincludedtherein.Proposers/Biddersshouldindicatetheirreceiptofsameinthe appropriateblanklistedherein.Failuretodosomaysubjectvendortodisqualification. ADDENDUMNO.SIGNATUREANDPRINTEDNAMEDATEACKNOWLEDGED 5.DEBARMENTCERTIFICATION: Asaninterestedpartyonthisproject,youarerequiredtoprovidedebarment/suspensioncertificationindicating incompliancewiththebelowFederalExecutiveOrder.Certificationcanbedonebycompletingandsigningthis form. FederalExecutiveOrder(E.O.)12549“DebarmentandSuspension“requiresthatallcontractorsreceiving individualawards,usingfederalfunds,andallsubͲrecipientscertifythattheorganizationanditsprincipalsare notdebarred,suspended,proposedfordebarment,declaredineligible,orvoluntarilyexcludedbyanyFederal departmentoragencyfromdoingbusinesswiththeFederalGovernment. Signaturecertifiesthatneitheryounoryourprincipalispresentlydebarred,suspended,proposedfordebarment, declaredineligible,orvoluntarilyexcludedfromparticipationinthistransactionbyanyfederaldepartmentor agency. QuestionsregardingthisformshouldbedirectedtotheCityofFayettevillePurchasingDivision. NAMEOFCOMPANY:________________________________________________________________________ PHYSICALADDRESS:_________________________________________________________________________ MAILINGADDRESS:_________________________________________________________________________ PRINTEDNAME:____________________________________________________________________________ PHONE:__________________________________________FAX:____________________________________ EͲMAIL:__________________________________________________________________________________ SIGNATURE:_______________________________________________________________________________ TITLE:________________________________________DATE:______________________________________ Reindl Properties, LLC 509 W Spring Street, Suite 310, Fayetteville, AR 72701 509 W Spring Street, Suite 310, Fayetteville, AR 72701 Brian Reindl 479.283.6816 N/A greaterproductions@gmail.com President 10/26/2021 Response to RFP 21-02, Public Private Partnership for Cultural Arts Corridor Development REINDL PROPERTIES FAYETTEVILLE REINDL MANAGEMENT RAMBLE HOTEL PRECEDENTROOFTOP BAR CONCEPT LOBBY CONCEPT ROOM CONCEPT EXECUTIVE SUMMARY PROJECT DESCRIPTION: The design of the Civic Plaza provides a site for a significant mixed-use building on the south side of the park. This building not only helps to frame the park, it also encloses and completes the portion of Spring Street north of the historic Metro Building, a goal that the city identified in the 2008 Downtown Master Plan. A building on such a prominent site must be well crafted and serve as an exemplar of good urban design, sustainability, and durable construction. A VIBRANT ANCHOR FOR A GREAT PARK: The proposed building must also serve to activate the new Civic Plaza. Vibrant ground-level businesses that are open to all and are unique, local enterprises would be the ideal. The Razorback Greenway must engage this area in the most intimate and urban manner. The interaction of bicyclists, pedestrians, and merchants is a unique opportunity. A NEW HOTEL FOR A GROWING DOWNTOWN: Downtown Fayetteville has not had a new hotel since the 1970s. This site represents an ideal opportunity for such a venture, being adjacent to Walton Arts Center, TheatreSquared, the Dickson Street Entertainment District, and midway between the Square and the University of Arkansas. Reindl Properties, in consultation with their hotel consultant, has designed a 170-room hotel with associated meeting spaces, hospitality spaces, and ballrooms. The scale and materials of the building have been carefully considered to reflect and enhance the existing character of this area, its industrial past, and its aspirations for the future. The south, east, and north facades of the hotel engage the adjacent public spaces. All service areas are located on the southwest corner abutting the railroad tracks. In addition to being a significant work of architecture in its own right, the proposed hotel will provide multiple opportunities for the display of art in its public spaces. A MODEL OF SUSTAINABILITY AND RESILIENCE: Green space, enhanced building envelope, and durable materials will be used to preserve natural resources and reduce operating costs. Opportunities to provide clean energy with roof-mounted photovoltaic panels will be explored as a way to increase the resiliency of our local power supply and to increase the efficiency of the building. The design and construction team recently completed the Network Building, the first mixed-use, net-zero energy building in the state of Arkansas. The unique and very recent experience and insight gained on this building will be applied to the new hotel. REINDL MANAGEMENT LOCAL FLAVOR IS KEY: Reindl Properties has a two-decade history of providing carefully crafted spaces for local entrepreneurs. At the Metro District Building and along the 100 block of Block Avenue, Reindl has provided addresses for some of Fayetteville’s most unique and vibrant local enterprises such as: • Block Street Records, Wade Ogle • C4 Nightclub, Jaime Wilson • Prelude Breakfast Bar, Ben & Jaye Parker • Ozark Escape Fayetteville, Matt & TJ Ross • Crown Beauty Bar, Megan Harris • Rolando’s Restaurant, Ernesto & Maria Garcia • American Shaman Vitamins & Supplements, Ranaga Farbiaz & Loudy Bousman • The Cork & Keg, Mo Green • Skye on the Town, Kristi Parrish • Wander Boutique, Cara Godfrey & Kristen Morgan • Block St. Nutrition, Candice Mendoza • Foxtrot Boutique, Allison Crane • Lola Boutique, Paige Arnold & Lynlee Critz • Pinpoint Bar, Bo Counts Together, these local entrepreneurs provide 97 jobs for our community. No other Fayetteville developer can claim to have created spaces for more local downtown businesses than Reindl Properties. Reindl has a unique skill set in this field; such skills are needed to establish local and unique businesses adjacent to our new civic park. This proposed building location increases the size of the park compared to the footprint proposed by the City of Fayetteville. No other developer can provide this extremely significant benefit. In addition to the architectural and urban design qualities, the City of Fayetteville will enjoy significant financial benefits as follows. Over a 10-year period, the proposed building will provide funding for public institutions as follows: • Fayetteville Public Schools: $4,565,000 • Fayetteville Public Library: $370,000 • Police and Fire $80,000 • City General Fund $230,000 • Roads $88,000 • Total anticipated income to City of Fayetteville and Fayetteville Public Schools: $5,333,000 • Sales Tax and HMR Tax Revenue is projected to be as follows for a 10-year period: $3,460,000 REINDL MANAGEMENT A certain amount of Sales and HMR Tax revenue is simply moving from an existing location to the new location, however, a new, high-quality hotel provides a significant draw for our Advertising and Promotions Commission to use to attract events and tourists. A hotel brings visitors to our Entertainment District and our downtown. Each visitor will spend money in the existing bars, restaurants, and shops in the area. This infusion of new customers will have an immediate and on-going positive impact on existing merchants and the downtown cultural institutions. In addition, it is anticipated that the new hotel and its related activities will create 60 to 70 full time jobs. STRUCTURE OF PROPOSAL: WORKING TOGETHER TO COMPLETE THE VISION Reindl Properties will enter into an Interim Agreement with the City of Fayetteville to develop a mixed-use building on the south edge of the Civic Plaza. The building will be partially located on property that is currently owned by the City of Fayetteville; the remainder of the building will be located on property currently owned by Reindl Properties. The Razorback Greenway will be relocated onto property currently owned by Reindl Properties. Street scape improvements along Spring Street will be constructed north of the existing Metro District Building. Public Restrooms (approximately 1,200 sq. ft.) will be provided within the new Mixed-Use Building. Any property purchased by Reindl Properties will be appraised and purchased at Fair Market Value. Any property granted by Reindl to the City of Fayetteville will be credited toward the purchase price. Cost of the public restrooms will be credited to the purchase price. Ongoing maintenance, janitorial, and supplies for public restrooms will be provided by the City of Fayetteville. Reindl Properties will provide all market studies, appraisals, construction cost estimates, and revenue projections to demonstrate the feasibility of the project. Reindl Properties and the City of Fayetteville with work together to determine construction easements, utility locations, and timing of construction of the Civic Plaza and the mixed-use building. THE RIGHT TEAM TURNS THE VISION INTO REALITY: Reindl Properties has developed a project team that shares their passion for high-quality construction, human-scaled design, craftsmanship, efficiency, and love of community. Windsor Aughtry of Greenville, South Carolina, will provide consulting and development services for the hotel and hospitality portion of the mixed-use building. Design work will be provided by Courtyard Building and Block, led by architect Robert Sharp, who has deep experience in creating some of the region’s most significant, transformative, and well-loved buildings. Construction services will be provided by C.R. Crawford Construction. C.R. Crawford has extensive experience serving as general contractor for hotel and mixed-use building projects. The design and construction team will assist Reindl Properties in establishing construction cost information to determine the viability of the project. Development structure and financial methods will be explored by Reindl Properties and Windsor Aughtry. Working with arm’s length third-party consultants, they will determine complete operating costs, occupancy rates, and revenue streams. Reindl Properties will explore incentives for hotel construction, such as New Market Tax Credits to enhance the viability of the project. Reindl Properties will share information regarding construction cost, land value appraisals, anticipated income streams, tax incentives, and final building design with representatives of the City of Fayetteville. If the terms are deemed to be beneficial to both parties, then a Comprehensive Agreement for the sale of the land will be executed. Reindl Properties will also engage with the Walton Arts Center, TheatreSquared, Dickson Street Merchants, and the Fayetteville Advertising and Promotion Commission to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. REINDL MANAGEMENT 1 Brian Reindl first moved to Fayetteville in 1984 to attend the University of Arkansas, graduating in 1987. After college, Reindl moved to Little Rock and started a company called Ink Promotions, Inc. He later sold his part of this company, but the company is still in business and currently employs over 45 people in Central Arkansas. He then moved back to Fayetteville in 1994 to start the company B. Unlimited Enterprises. Although Brian sold B. Unlimited in 2002, it is also still in business and currently employs over 220 people in Northwest Arkansas. Reindl has been heavily invested in downtown Fayetteville real estate for the last 22 years as a developer and owner. After purchasing the Metro District Building in 1999, Brian completely remodeled the 61,000-square-foot building into what it is today, an anchor in what is now known as the “Entertainment District” and the “Cultural Arts Corridor.” Prior to 1999, the Metro District Building was a blight on the downtown landscape. Brian also purchased a building just off the Downtown Square located at 11-23 N. Block in 2012 which he also completely remodeled. Combined, the two buildings house 18 commercial spaces (all leased by local entrepreneurs) and 22 residential units. Other notable real estate projects include two incredibly beautiful three-story mansions directly in front of Gate 1 at Donald W. Reynolds Stadium, and also Hawksbill Subdivision in East Fayetteville which sits on 45 beautiful tree-covered acres. Brian also produced and wrote the movie “Greater” which was released in August of 2016. During principal photography, Greater Productions, LLC, employed over 165 members of the cast and crew. Brian was able to bring this great story to life and bring both employment opportunities and positivity to the great state of Arkansas. Being a member of the business community as well as a member of the arts, Brian understands what this site can be for the community. He intends to engage with Walton Arts Center to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. Developer Brian ReindlFayetteville, Arkansas REINDL PROPERTIES PART I BUSINESS ORGANIZATION REINDL MANAGEMENT 2 For over 25 years Windsor Aughtry has carefully built a reputation for excellence through developing and brokering the spaces businesses want. Beginning in 1988 with the merger of Windsor Properties, a prominent residential firm, and The Aughtry Company, a leader in commercial real estate, Windsor Aughtry brings a uniquely comprehensive perspective of what it takes to be successful in real estate. Today, the company leads a commercial real estate developer and brokerage firm in the Southeast. • Twenty Developments Since 1993 • Suburban Developments • Urban Infill Projects • Competitive City RFP’S • Surface & Structured Parking • Historic District Preservation • Financing Utilizing Conventional loans, Tax Exempt Revenue Bonds, New Markets Tax Credits & TIF Districts Development ConsultantPaul C. Aughtry, IIIGreenville, South Carolina REINDL MANAGEMENT 3 General ContractorCody Crawford, Jason Keathley, & Scott StokenburyFayetteville, Arkansas Founded in 2006 in Fayetteville, Arkansas, C.R. Crawford Construction has grown to become one of the largest and most trusted general contracting and construction management companies in the state. The company has served as general contractor for some of Arkansas’ largest and most significant construction projects and has a history of successfully completing intricate and complex builds. Maintaining high standards is at the heart of C.R. Crawford’s success. Here are a few standout points that C.R. Crawford clients say put them above their competitors: • The company’s pre-construction services are second to none. There is a tremendous amount of experience, skill, and emphasis in this area. • It is a financially solvent company with a single job bonding capacity of $350,000,000 and aggregate program of $700,000,000. • Developing strong partners and repeat clients is a priority. C.R. Crawford is known for staying client focused and has a reputation for quickly responding to client needs. THE MARSHALLFayetteville, Arkansas NETWORK BUILDINGFayetteville, Arkansas PHARM IIBentonville, Arkansas HOME 2 SUITESBentonville, Akransas | Springdale, ArkansasCOURTYARD BY MARRIOTTRogers, Arkansas DOWNTOWN JOHNSONJohnson, Arkansas TRUESDALE BUILDINGJohnson, Arkansas REINDL MANAGEMENT 4 Following is a list of C.R. Crawford Construction’s relevant public sector experience. PP rroojjeecctt NNaammee II nndd uussttrryy CCoonnssttrruuccttiioonn TTyyppee CCiittyy SSttaattee Runway 36 Extension Bentonville Municipal Airport City/Govt./Higher Ed.Miscellaneous Bentonville AR Bentonville Animal Shelter City/Govt./Higher Ed.New Construction Bentonville AR GSA Census City/Govt./Higher Ed.Tenant Improvement Springdale AR Social Security Office City/Govt./Higher Ed.Tenant Improvement Fayetteville AR Miami SSA Remodel City/Govt./Higher Ed.Renovation/Expansion Miami OK State Revenue Office City/Govt./Higher Ed.Tenant Improvement Fayetteville AR Kappa Sigma Remodel City/Govt./Higher Ed.Renovation/Expansion Fayetteville AR Siloam Springs Fire Station #2 City/Govt./Higher Ed.New Construction Siloam Springs AR Bella Vista Library Expansion City/Govt./Higher Ed.Renovation/Expansion Bella Vista AR City of Bentonville Maintenance Building City/Govt./Higher Ed.New Construction Bentonville AR UofA - Central Utility Plant Shop City/Govt./Higher Ed.New Construction Fayetteville AR Bentonville Trail head Restrooms Miscellaneous New Construction Bentonville AR UAMS Misc Jobs Miscellaneous Miscellaneous Fayetteville AR Centerton Road Work Miscellaneous Miscellaneous Centerton AR Hwy 59 Improvements Miscellaneous Miscellaneous Decatur AR Beaver Water District - Steele Operations Remodel Miscellaneous Renovation/Expansion Lowell AR Barling Elem K-12 Renovation/Expansion Barling AR Nashville Waterline Extension K-12 Miscellaneous Nashville AR Prairie Grove Schools K-12 New Construction Prairie Grove AR Nashville High School Addition K-12 Renovation/Expansion Nashville AR Nashville Jr. High Renovation K-12 Renovation/Expansion Nashville AR Cookson Hills Christian School - Infastructure K-12 Miscellaneous Kansas OK Wilbur D. Mills Coop K-12 New Construction Beebe AR Cookson Hills Dining Hall K-12 New Construction Kansas OK Midland High School K-12 New Construction Pleasant Plains AR Midland Elementary School K-12 New Construction Pleasant Plains AR Cookson Hills Christian Academy Classroom Building Project K-12 New Construction Kansas OK Prescott Schools Fire Alarms K-12 Miscellaneous Prescott AR Nashville HPER K-12 New Construction Nashville AR Prairie Grove - Gym, Elem Expansion, Concessions K-12 New Construction Prairie Grove AR Prescott - Asbestos Abatement K-12 Renovation/Expansion Prescott AR Prescott Cafeteria Multipurpose Building K-12 New Construction Prescott AR Cedar Crest Childrens Academy K-12 New Construction Rogers AR Flippin School District Safe Room K-12 New Construction Flippin AR Prescott Agri Building K-12 New Construction Prescott AR Pea Ridge Admin & City Hall K-12 New Construction Pea Ridge AR Melboure School District - Elementary K-12 New Construction Melbourne AR Flippin Elementary School K-12 New Construction Flippin AR Ashdown School District K-12 Renovation/Expansion Ashdown AR Pea Ridge Agri Building K-12 Renovation/Expansion Pea Ridge AR Louise Durham School Renovation K-12 New Construction Mena AR Greenland School Renovation K-12 Renovation/Expansion Greenland AR Flippin School Cafeteria Remodel K-12 Renovation/Expansion Flippin AR Huntsville School Remodel K-12 Renovation/Expansion Huntsville AR Mountainburg - Safe Room/PE Building K-12 New Construction Mountainburg AR Poyen Gym & Classrooms K-12 New Construction Poyen AR Ashdown Jr High Remodel K-12 Renovation/Expansion Ashdown AR Ashdown Schools - Elem School Renovation K-12 Renovation/Expansion Ashdown AR Marvell Gym Remodel K-12 Renovation/Expansion Marvell AR Elkins Primary School - Remodel K-12 Renovation/Expansion Elkins AR Ashdown Schools - CD Franks Remodel K-12 Renovation/Expansion Ashdown AR Cross County - Admin/Vestibule Remodel K-12 Renovation/Expansion Cherry Valley AR Rogers Middle Schools - Tracks K-12 New Construction Rogers AR Pea Ridge High School K-12 New Construction Pea Ridge AR Huntsville Career & Technical Education Building K-12 New Construction Huntsville AR St. Paul Career & Technical Education Building K-12 New Construction St. Paul AR Fayetteville - Washington Elementary Playground K-12 Miscellaneous Fayetteville AR Pea Ridge Intermediate School A/C K-12 Miscellaneous Pea Ridge AR Huntsville School - Gym A/C K-12 Renovation/Expansion Huntsville AR Elkins Gym HVAC Upgrades K-12 Miscellaneous Elkins AR Prescott Elementary K-12 New Construction Prescott AR REINDL MANAGEMENT 5 In addition to having successfully completed more than 60 public sector projects, C.R. Crawford Construction has the following RECENT (within the past five years) experience that is specifically relevant to this project. PP rroojj eecc tt NNaammee II nndduussttrryy CCoonnssttrruuccttiioonn TTyypp ee CCiittyy SSttaattee Home 2 Suites by Hilton (Springdale)Hospitality New Construction Springdale AR Marriott Fairfield Inn & Suites (OKC)Hospitality New Construction Oklahoma City OK Marriott Fairfield Inn & Suites (Catoosa)Hospitality New Construction Catoosa OK Courtyard by Marriott Hospitality New Construction Rogers AR Home2 Suites by Hilton (Bentonville)Hospitality New Construction Bentonville AR Champions Club Multifamily New Construction Fayetteville AR North Cedar Townhomes Multifamily New Construction Fayetteville AR Depot 16 Apartments (Building Only)Multifamily New Construction Bentonville AR Pharm II Multifamily New Construction Bentonville AR Village Flats Multifamily New Construction Bentonville AR Johnston Square Liner Building Multifamily New Construction Johnson AR Little Emma Apartments Multifamily New Construction Springdale AR The Marshall Multifamily New Construction Fayetteville AR Network Living Multifamily New Construction Fayetteville AR City U Multifamily New Construction Bentonville AR Johnson RMP Office New Construction Johnson AR Drake Farms (Pendergraft Office)Office New Construction Fayetteville AR CITY UBentonville, Arkansas DRAKE FARMSFayetteville, Arkansas REINDL MANAGEMENT 6 Courtyard Building and Block, LLC, was founded in 2014 to serve the needs of municipalities, real estate developers, and land planners. The firm was founded by Robert Sharp and is located in Fayetteville, Arkansas. The design ethic of Courtyard Building and Block is deeply rooted in the history, patterns, and construction methods of the region. Over the years, we have developed expertise in designing mixed-use buildings and have deep experience in adaptive re-use and historic restoration. Courtyard Building and Block also specializes in designing two- and three-story courtyard apartment buildings for Traditional Neighborhood Developments (TND) and infill locations. In addition to deep experience with multifamily housing and courtyard apartment buildings, the firm has extensive experience in designing single-family housing at every scale, including cottages, townhouses, and large estates. Founder Robert Sharp is active in the community and served on the Fayetteville Planning Commission and on the board of Partners for Better Housing, a local non-profit that is dedicated to providing efficient and dignified housing in Fayetteville’s Walker Park Neighborhood. He is also active in the Congress for New Urbanism (CNU) and is a member of the Urban Guild. THREE SISTERS BUILDING Fayetteville, Arkansas This collection of buildings is organized as a series of distinct facades along three faces of a single city block. This project includes 62,000 sq ft overall. Ground floor is retail and entertainment uses with office spaces above. Upper floors contain residential apartments and are stepped back from the street edge to maintain the scale of the existing context. Simple masonry forms are enhanced with traditional ornamental devices such as pressed metal, cut stone, and cast iron. The complex conceals a two story parking structure in the middle of the block. When views from a distance, the silhouette of the various elements creates a distinctive landmark. MILL DISTRICT Fayetteville, Arkansas This significant relic of the region’s agricultural infrastructure is located at the corner of two busy commercial streets at the extreme southern edge of the downtown. The immediate surroundings are low rise industrial and commercial structures. The original building was stripped down to the steel frame and new floors inserted within the existing volume. The simple geometric form of the building was clad with galvanized metal, fiber cement board, painted concrete block, and steel windows. The building is home to retail, office, and restaurant space. In addition, the upper two floors contain six two-story residential loft apartments. A major emphasis of the project is to provide urban amenities to conceptually extend the walkable pattern of the downtown area while still taking advantage of the visibility and automotive access that the site enjoys. A multi-use trail was created along the western edge of the site to link this project to Fayetteville’s extensive trail system. The Mill District has served as a catalyst for positive growth in this transitional neighborhood. THREE SISTERS BUILDINGFayetteville, Arkansas MILL DISTRICTFayetteville, Arkansas ArchitectRobert SharpFayetteville, Arkansas REINDL MANAGEMENT 7 RMPJohnson, Arkansas TRUESDALE BUILDINGJohnson, Arkansas RMP BUILDING Johnson, Arkansas Johnson Square is a new walkable, compact, mixed use neighborhood. At the heart of this neighborhood is the RMP Building, a three story masonry building that contains law offices on the upper two floors. Streetside spaces are Pizzeria Ruby and the Hail Fellow Well Met Market. The combination of Class A office space and vibrant ground level tenants is a model for downtown development. The building exterior is brick with large operable windows, decorative cornices and bay windows, and exterior decorative iron. Overall project area is 21,000 square feet. TRUESDALE BUILDING Johnson, Arkansas The Truesdale Building is a mixed use building in Johnson Square that includes 25 residential apartments and ground floor retail of office space. The building defines the street edge of Johnson Mill Boulervard. In addition to the three story façade, street trees, wide sidewalks, and on-street parking provide a protected pedestrian realm. Brick, operable windows, pitched roofs, and decorative trim are used to create a varied composition. NETWORK BUILDING Fayetteville, Arkansas This mixed use building is the first in the state of Arkansas to be net zero energy-the building will create as much power as it uses. The building enveloped was enhanced to save energy and photovoltaic panels provide power into the local electrical grid. The building is of durable brick construction and contains 28 apartments and 4,000 sq ft of office space. The Network building is located across the street form the Fayetteville Public Library. NETWORK BUILDINGFayetteville, Arkansas REINDL MANAGEMENT 8 METRO DISTRICT BUILDINGFayetteville, Arkansas METRO DISTRICT LOFTSFayetteville, Arkansas METRO DISTRICT BUILDING Fayetteville, Arkansas This complex began life as a food processing plant and served for decades as a storage and light manufacturing facility. The building had suffered from deferred maintenance and a series of opportunistic additions. The design solution was to create a series of identifiable entrances along a continuous sidewalk. A new multi-use trail was created along the east side of the building in cooperation with the City of Fayetteville. The large footprint of the building made it difficult to divide the building incrementally into usable spaces, so common areas were added at each level to create a coherent entry sequence for a variety of occupants. The building contains office space, salons, restaurant, and entertainment uses. Overall project area is 46,000 square feet and includes retail, entertainment, office, and residential uses. This property was developed and built by Reindl Properties. METRO DISTRICT LOFTS Fayetteville, Arkansas This building is organized as three stories of stacked flats arranged around a shared courtyard. The property has limited street frontage, which led to the idea of the individual apartments having their front doors facing onto the shared courtyard. Entry to this courtyard is through a substantial two story arched opening. The exterior of the building is masonry construction as befits its urban site. Corbelling, cast stone details, and deeply set windows contribute to the feeling of mass and durability. Decorative wrought iron balconies and rooftop cupolas provide a counterpoint to the solidity of the exterior walls. The project consists of thirty residential apartments and was developed by Reindl Properties. THE DICKSON BUILDINGFayetteville, Arkansas THE DICKSON BUILDING Fayetteville, Arkansas The design of the building is heavily influenced by the extreme conditions of the site. The north facade of the building takes its place among the low rise masonry buildings that line a typical urban street edge. The south and east edges of the site face a railroad track and an electrical substation. The west façade of the project addresses the University of Arkansas in the distance. The programmatic elements of the building are organized to address these various conditions in a logical manner: the parking structure abuts the electrical substation and is concealed by a two story liner building. The street façade is composed to emphasize the primary pedestrian entry and the street level retail. A courtyard is carved out of the building within the middle of the block to create an oasis at the heart of the building. The massiveness of the exterior walls of the lower floors gives way to lighter structural members and expansive windows as the building rises to allow distant views of the mountains and the university from the upper floors. Overall project includes 110,000 square feet of retail, restaurant, office and residential area. REINDL MANAGEMENT 9 Urban Design and Scale: The hotel is designed to provide a strong visual anchor at the south end of the Civic Plaza. Urban parks benefit from a strong sense of enclosure. The west portion of the hotel building is designed to terminate the canal feature of the Civic Plaza, creating a destination for those strolling along the canal. The existing pedestrian train track crossing occurs at that intersection of building and canal. Respect for the work to date of Nelson Byrd Wolz (NBW): The proposed hotel was designed to respond to the outstanding Civic Plaza designed by NBW. The building form, location, and articulation are direct responses to their design work to date. In addition, we look forward to working with NBW to fine tune the landscape design adjacent to the hotel. Loading, Access, and Fire Protection: A critical element of this design is that all loading areas are located on the southwest portion of the site, against the existing railroad track. The current design by Nelson Byrd Wolz envisions a continuous tree shaded walk along the entire West Avenue frontage. It would be tragic to interrupt this feature with loading and trash collection. Also of utmost importance is the location of Aerial Fire Apparatus area, which we are proposing to be is south of the new hotel building. This is an extremely important safety feature that would be very difficult to provide using the footprint shown in the City of Fayetteville RFP document. PROJECT VISION AND GOALS: PART II CONCEPT AND SOLUTION REINDL MANAGEMENT 10 A Better Bike Trail: Another significant advantage of the proposed site plan is that the multi- use trail can be located adjacent to the existing shops, restaurants, and bars at the historic Metro District Building. This is a unique opportunity to have a multi- use trail in a very urban environment. The trail would be located north of the existing terraces and sidewalks. Head-in parking provides a layer of protection on the north side of the trail. Smart Parking Strategies: All downtown parking assets must be considered in terms of managing resources properly and encouraging multi-modal transportation choices. The current inventory of approximately 9,000 parking stalls downtown has a utilization rate of 50% during the week and 40% at the weekends. Entertainment District parking is at least 90% utilized during special events, but the overall parking supply seems adequate for years to come, particularly as walking, biking, e-bikes, e-scooters, and mixed-use development trends expand. We anticipate creating a valet parking system that will allow us to tap into the underutilized parking the downtown area. Working with the City of Fayetteville, we will pursue off-peak agreements with local churches, banks, and Washington County. Most importantly, the spaces adjacent to the Civic Plaza will be vibrant, open, and inviting to all! REINDL MANAGEMENT 11 PAINTED FIBER CEMENT RED BRICK VENEER VIEW FROM NORTHEAST BRICK CORBELING AT PARAPET AND BELOW SEVENTH STORY WINDOWS INDUSTRIAL STYLE, DIVIDED LIGHT WINDOWS ENAMEL-PAINTED STEEL STRUCTURE ALUMINUM FRAMED WINDOWS CHARCOAL COLORED IRON SPOT BRICK VENEER ROOF TERRACE GREY BRICK VENEER PRE-FINISHED METAL PANEL SYSTEM Material Palette and Facade Strategies: The mass of the hotel building is broken up into two portions: An eastern wing that is inspired by the industrial masonry heritage of the area and a western wing that participates in the aesthetic exemplified by TheatreSquared, Walton Arts Center, and The Dickson Building. Brick corbels, pilasters, and divided-light, loft- style windows are used on the east wing to create a sense of craft, weight, and hierarchy. The west wing features charcoal iron spot brick (similar to the brick used at the recent addition to the Fayetteville Public Library), enameled steel, steel bar grate, pre- finished metal panels and trellis systems. Glazing at the west wing is aluminum framed windows. PAINTED FIBER CEMENT RED BRICK VENEER BRICK CORBELLING AT PARAPET AND BELOW SEVENTH STORY WINDOWS INDUSTRIAL STYLE DIVIDED LIGHT WINDOWS VIEW FROM SOUTHWEST COVERED DROP-OFF SIMULATED WOOD SLAT SIMULATED WOOD SLAT ALUMINUM FRAMED WINDOWS CHARCOAL COLORED IRON SPOT BRICK VENEER PRE-FINISHED METAL PANEL SYSTEM STEEL BAR GRATE STEEL BAR GRATE SIMULATED WOOD SLAT CHARCOAL COLORED IRON SPOT BRICK VENEER ALUMINUM FRAMED WINDOWS PRE-FINISHED METAL PANEL SYSTEM SIMULATED WOOD SLAT VIEW FROM NORTHWEST BRICK CORBELING AT PARAPET AND BELOW SEVENTH STORY WINDOWS ROOF TERRACE GREY BRICK VENEER INDUSTRIAL STYLE,DIVIDED LIGHT WINDOWS RED BRICK VENEER PAINTED FIBER CEMENT ENAMEL-PAINTED STEEL STRUCTURE PAINTED FIBER CEMENT RED BRICK VENEER BRICK CORBELLING AT PARAPET AND BELOW SEVENTH STORY WINDOWS INDUSTRIAL STYLE DIVIDED LIGHT WINDOWS VIEW FROM SOUTHEAST PRE-FINISHED METAL PANEL SYSTEM ALUMINUM FRAMED WINDOWS STEEL BAR GRATE CHARCOAL COLORED IRON SPOT BRICK VENEER PRE-FINISHED METAL PANEL SYSTEM COVERED DROP-OFF REINDL MANAGEMENT 12 Months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Preconstruction GMP Bidding Design & LSD Approval Construction Documents Cultural Arts Corridor Interior Final Site & Landscape FF&E / Occ. Utility & Site Grading Envelope Structure RAMBLE HOTEL PRECEDENTROOFTOP BAR CONCEPT LOBBY CONCEPT ROOM CONCEPT PART III PROGRAM Our team has analyzed the likely structure and material components proposed for the hotel. To maximize efficiency, our team will procure the long lead materials and grading permit ahead of the final design in order to maintain a predicable work flow and earlier project completion. Our entire team has successfully completed projects using this scheduling method adjacent to the arts corridor, including projects with the city of Fayetteville. INITIAL PROJECT SCHEDULE REINDL MANAGEMENT 13 PRE-CONSTRUCTION PHASE PROJECT APPROACH The pre-construction phase is the period when the owner and construction manager have the most opportunity to identify and mitigate any potential risk. Our pre-construction team and processes have proven themselves over and over again. Trent Rogers will lead the pre-construction phase and team on this project. 1. ESTIMATING PROCESS AND PRELIMINARY BUDGET: We will use our proprietary in-house estimating models (such as Lumion and PlanSwift), historical information, and real-time conversations from the supplier/subcontracting community to develop initial cost estimates. This is an early indication if the project will fall within budget. 2. BUILDING INFORMATION MODELING C.R. Crawford generally produces a BIM model utilizing Revit and Navisworks with our in-house model integrator to help support estimating decisions, planning and coordination. While in the pre-construction phase, the model will be used to visualize areas of the design needing resolution or clarification. 3. VALUE ANALYSIS: Our value management efforts focus on a facility’s function and performance. Any ideas and opportunities to avoid costs, while also generating the most value for your project, will be examined and communicated with you and the architect. Our approach is to always strive to maintain the original program area of a project and look for opportunities to save costs in ways that will not be noticeable to end-users of a facility. We will present a detailed list of value-generating and cost-reducing options for your review so that you can make the best decision as to which of those ideas and opportunities can be incorporated into the plans and specifications. 4. SCHEDULING: The project’s schedule is the backbone of a successful outcome. Our VPs will be heavily involved in creating every schedule and have extensive experience in knowing what is realistic. Each task and trade is given a timeline, then they are pieced together sequentially for what makes the most sense for site logistics. C.R. Crawford is very aggressive when it comes to organizing a project construction schedule, as we do not believe in wasting time or charging excess overhead costs to a job. Depending on the complexity of a project, we use either Microsoft Project or Primavera to format our schedules. Each week the Project Superintendent and the Project Manager will create a three week “look ahead” schedule. This is communicated to the subcontractors so they are prepared and ready for the scheduled task and can prepare to be most efficient. We do not miss schedules or we would not have repeat clients, such as Walmart, Tyson Foods, and Academy Sports + Outdoors, as they have very hard deadlines that are driven by specific dates of training and opening that greatly affect their annual revenue. 5. CONSTRUCTABILITY REVIEW: At C.R. Crawford, our approach to constructability reviews is a structured process to ensure the construction documents are coordinated, the documents make clear the requirements of the project, and any potential impacts to the project because of document errors are identified and corrected. REINDL MANAGEMENT 14 PROCUREMENT PHASE 6. BID PACKAGE DEVELOPMENT: As design activities conclude, the subcontractor bid packages are finalized and, to the fullest extent possible, organized in a manner that will result in highly competitive bidding by the greatest number of bidders available in the marketplace. Unlike some other construction management companies, C.R. Crawford still frequently participates in and wins lump-sum bid projects so that our bidding processes will remain competitive. When deployed in a construction management project, our processes have been proven to result in lower, but still responsible, bids for our clients. 7. IDENTIFY/ORDER LONG LEAD-TIME MATERIALS: As soon as C.R. Crawford has a signed contract, the estimator and project manager will work together to identify long lead-time items. Getting a list of the owner provided items to establish a release/delivery date is crucial for coordinating an overall schedule and sequencing of trades. 8. DESIGN REVIEW & SUPPORT: C.R. Crawford will assist in as much design review and work with any suggested third-party reviewers as much as needed to get the best construction documents and game plan for executing the owner and design team’s desires. We believe our role in the project is to help facilitate communication that will reduce errors and omissions, while managing the construction process from start to finish. Getting consultants and experts in their respective areas involved early leads to a more efficient project and potentially lower construction costs. 1. DEVELOPING SUBCONTRACTOR INTEREST: One method to generate the highest possible level of subcontractor participation and the lowest responsible cost is to conduct a subcontractor summit. We will proactively reach out to subcontractor companies in the area to be sure they are aware of the project and then host a half-day or one-day event to review the project, discuss key details of the project, and clearly communicate expectations for performance and quality. 2. CONDUCTING PRE-BID/PRE-PROPOSAL MEETINGS: One scenario that we have found to be very productive is hosting a virtual pre-bid meeting. Our pre- construction team records a video of them talking through and visually showing subcontractors how to navigate the construction documents, reiterating that all of the documents are tied together and they need to review it as an entire package and not just a few pages specific to their trade. This video is made part of the invitation-to-bid package. A pre-bid meeting will also be held and there is a platform for asking questions about the bid process and bid package. 3. PRE-QUALIFYING SUBCONTRACTORS & SUBCONTRACTORS: Our invitation to bid will set specific criteria right out of the gate, to ensure the subcontractor knows the minimum requirements needed to participate in the project. Once bid proposals are received, our pre-construction team will discuss with the subcontractor/supplier, to ensure that the proposer understands the scope of work that would be required of them and has the capacity to meet our schedule. In Northwest Arkansas, this process will be very easy, as we will know the subcontractors/suppliers and their abilities or shortcomings. “John Teeter and Trent Rogers make a distinctly professional and thorough team across project management and pre- construction estimating services. Their ability to digest very complex projects and communicate openly and clearly with actionable budgets and information is critical for building successful projects.” —Chris Baribeau, AIA, principal, Modus Studio, Fayetteville, Arkansas REINDL MANAGEMENT 15 1. QUALITY ASSURANCE ON TIME & IN BUDGET: Our quality management process begins early in the design phase when we review the materials and methods required to complete the project and verify that what is designed can be built with the highest possible quality. Cost and quality management continues throughout the remainder of the design process and then becomes a part of our site management activities. 2. SCHEDULE MANAGEMENT: Based on the complexity of a project, our project management team uses either Microsoft Project or Primavera to create and manage a project schedule. C.R. Crawford is known for our ability to develop an aggressive schedule and then meet or exceed that schedule. As with most advanced construction companies, we use “look ahead” and other schedule management techniques to verify we are staying on track and prepare for activities three to six weeks in advance. 3. COST CONTROL: C.R. Crawford’s approach to cost control is a follow-up process from the pre-construction, scope definition, and bid packaging procedures. We approach cost control with a “discipline to detail” mentality, thus assuring that our clients are continuously informed of the process, have the appropriate documentation structure and are assured that we have completed a rigorous vetting of any and all potential risks. 4. JOB SITE COORDINATION: Our Project Superintendent is on-site all day and is responsible for ensuring site activities proceed as scheduled. We use the project schedule and Procore project management software to most effectively and efficiently coordinate site activities and maintain accurate project records. 5. CHANGE ORDER MANAGEMENT: If a change order is requested by the owner or architect, we will evaluate the cost of the change order and the impact the change order will have on the construction schedule. We will present our recommendation to you and in no instance will we proceed without written approval from the owner. CONSTRUCTION PHASE 4. RECEIVING & QUALIFYING BIDS/PROPOSALS: On bid day, we will eagerly receive the subcontractor bids and verify the bids meet all requirements and include the complete scope of the bid package. We will compile the lowest responsible bids to verify the total construction cost is at or below our most recent cost estimate. Once the total construction cost is established, we will present the Guaranteed Maximum Price (GMP) to you for your review and approval. At this point, we will be prepared to begin site activities. 5. ENTERING INTO CONTRACTS: Regarding subcontracts and supplier purchase orders, we have a very clear and specific document we use and have found it to be very successful at clearly defining the scope of work for that trade/bid package. The agreements are fully executed prior to anyone from that company beginning their work on the project. This helps with defining payment terms and requirements for closeout, so there is no room for miscommunication. REINDL MANAGEMENT 16 COMMISSIONING & START-UP SERVICES Our Project Team has worked with third party commissioning agents, in addition to having someone from the design team or our Project Team lead the commissioning and start-up efforts in a new commercial building. We understand the importance in delivering and training the owner so they maximize the building’s safety and efficiencies, as well as reduce operation costs, and have a maintenance and documented plan for the future. A building envelope review is a great step to take during this stage and lets the owner work hand-in-hand with all subcontractor leads/start-up representatives, as this can pay huge dividends when preventing water leaks and wasted energy use. What began during pre-construction will continue as construction comes to a conclusion. Our process includes continual verification that all work is done according to the plans and specifications. Any nonconforming work is addressed with the appropriate subcontractor before the subcontractor demobilizes from the job site. 3. WARRANTY & GUARANTEES PROVIDED: C.R. Crawford will provide a minimum of a one-year warranty. However, we look to build long-term relationships and want to always make sure we are helping our clients with any issue where we can help. All subcontractor waivers and warranties and manufacturer/equipment warranties will be provided and organized in the closeout package. 4. CLIENT’S PERSONNEL TRAINED IN MAINTENANCE & OPERATION OF FACILITIES: We understand the importance of training the maintenance and operation personnel on the building systems for safety reasons and this can help reduce future costs. There will be organized training sessions, when appropriate, for personnel to come on-site for training. 1. AS-BUILT DOCUMENTATION: Our Project Team will immediately begin updating our project management software (Procore) with any updated or “red-lined” drawings. As a result, upon completion of the construction project, there will be a readily available as-built drawing set. The design team and owner will have access to this web-based software and mobile app at all times. These as-built drawings will also be included in an electronic closeout package sent to the owner. 2. MAINTENANCE & OPERATION MANUALS COMPLETE: Maintenance and Operation Manuals will be organized and filed into our electronic closeout package, in addition to any hard copies we may receive with the equipment. These manuals will be referenced and identified during the commissioning and start-up process as well. PROJECT CLOSEOUT SERVICES REINDL MANAGEMENT 17 PART VI AUTHORIZED NEGOTIATOR PART VII COST PROPOSAL/FINANCING PLAN Brian Reindl is authorized to negotiate contract terms and render binding decisions on contract matters. Brian Reindl Owner, Reindl Properties 509 W. Spring Street, Ste. 310 Fayetteville, AR 72701 479-283-6816 The design and construction team will assist Reindl Properties in establishing construction cost information to determine the viability of the project. Development structure and financial methods will be explored by Reindl Properties and Windsor Aughtry. Working with arm’s length third-party consultants, they will determine complete operating costs, occupancy rates, and revenue streams. Reindl Properties will explore incentives for hotel construction, such as New Market Tax Credits to enhance the viability of the project. Reindl Properties will share information regarding construction cost, land value appraisals, anticipated income streams, tax incentives, and final building design with representatives of the City of Fayetteville. If the terms are deemed to be beneficially to both parties, then a Comprehensive Agreement for the sale of the land will be executed. Reindl Properties will also engage with the Walton Arts Center, TheatreSquared, Dickson Street Merchants, and the Fayetteville Advertising and Promotion Commission to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. PART V CORPORATE EXPERIENCE Refer to Part I PART IV ACCOUNT TEAM PERSONNEL See resumes at the end of this document. REINDL MANAGEMENT 18 Reindl Properties has assembled a uniquely qualified team for the innovative development project envisioned by the City of Fayetteville. We have formatted this summary to be consistent with your Selection Criteria as follows: 1. Qualifications in Relation to Specific Project to be Performed. We have a proven 22-year track record of developing high quality buildings in Downtown Fayetteville. Our design and construction team have similar experience working on significant buildings located on constrained and challenging sites. Windsor Aughtry has developed multiple hotels in downtown locations across the country. 2. Experience, Competence, and Capacity for Performance. Brian Reindl will be the primary point of contact for the City of Fayetteville. You will be dealing with the primary decision maker at all times. At any time, Brian can call upon his consultants at C.R. Crawford, Windsor Aughtry, or Courtyard Building and Block to have questions answered and matters resolved. Financial wherewithal and experience will be demonstrated at each project milestone so that the City of Fayetteville will have a complete financial and aesthetic vision of the development. 3. Proposed Method of Doing Work. Collaboration is the key to developing successful projects that have multiple stakeholders. In addition to working directly with representatives of the City of Fayetteville, Brian Reindl will also engage with Walton Arts Center, TheatreSquared, Dickson Street Merchants, Nelson NBW, and the Fayetteville Advertising and Promotion Commission to make this new hotel a great asset to the City as well as the Downtown Arts Corridor. Reindl Properties will develop a project schedule for due diligence, design and cost estimating, permitting, and construction. Project schedules will be established that synchronize the completion dates of the hotel and the Civic Plaza. Construction easements and other logistical matters will be taken into consideration. Also, it is important to note that Reindl Properties is located at 520 W. School Street. This project will have our complete attention, every day. 4. Past Performance. Reindl Properties has developed multiple high-quality projects in the Fayetteville area. Projects such as the Metro District, Block Avenue, Hill Avenue Townhouses, and Metro District Lofts demonstrate our track record. Reindl Properties has excellent relationships with local suppliers and knows how to get the best work from our local craftsmen. Reindl Properties builds for the long term. In addition to their development expertise, they are skilled in managing properties and keeping tenants happy. 5. Cost and Fees. Reindl Properties is committed to fair dealing for all parties. Any transactions between Reindl Properties and the City of Fayetteville will be based upon third party arms-length appraisals. Financial analyses will be open book and based upon well documented sources regarding construction cost, anticipated revenue, and financing criteria. “I have been in love with Fayetteville since that first drive through town back in 1984. I’ve always known it was a unique place with an incredible university, a great climate, a vibrant economy, and a diverse group of ‘funky’ people. Simply put, these are the reasons I decided to move back in 1994, start a business, and raise a family. I can truly say that there is nowhere else that I’d rather call home. It’s natural to want what’s best for what you love, and I think this hotel is what’s best for an already great and exciting Downtown. Not only will it add jobs and tax revenues, but it will also activate the park with a restaurant, coffee shop, and rooftop bar. I see it as not just a building, but an amenity for our visitors and citizens. It will be an extension of the park, and open to all. I‘d love the opportunity to bring this amazing Downtown hotel to a place that we ALL call home.” —Brian Reindl, owner Reindl Properties, Inc. SUMMARY CLOSING STATEMENT RESUMES Brian Reindl Developer Brian Reindl first moved to Fayetteville in 1984 to attend the University of Arkansas, graduating in 1987. After college, Reindl moved to Little Rock and started a company called Ink Promotions, Inc. He later sold his part of this company, but the company is still in business and currently employs over 45 people in central Arkansas. He then moved back to Fayetteville in 1994 to start the company B. Unlimited Enterprises. Although Brian sold B. Unlimited in 2002, it is also still in business and currently employs over 220 people in Northwest Arkansas. Reindl has been heavily invested in downtown Fayetteville real estate for the last 22 years as a developer and owner. After purchasing the Metro District building in 1999, Brian completely remodeled the 61,000 square foot building into what it is today, an anchor in what is now known as the “Entertainment District” and the “Cultural Arts Corridor”. Prior to 1999, the Metro District Building was a blight on the downtown landscape. Brian also purchased a building just off the downtown square located at 11-23 N Block in 2012 which he also completely remodeled. Combined, the two buildings house 18 commercial spaces (all leased by local entrepreneurs) and 22 residential units. Other notable real estate projects include two incredibly beautiful 3-story mansions directly in front of Gate 1 at Donald W Reynolds Stadium, and also Hawksbill Subdivision in East Fayetteville which sits on 45 beautiful tree-covered acres. Brian also Produced and wrote the movie “Greater” which was released in August of 2016. During principal photography, Greater Productions, LLC employed over 165 members of the cast and crew. Brian was able to bring this great story to life and bring both employment opportunities and positivity to the great state of Arkansas. Josh Williams Property Manager Josh Williams has been a resident of Fayetteville 17 years. He attended the University of Arkansas and received his degree in Real Estate Finance. He has been apart of Brian Reindl’s team for 5 years and has taken over the oversight and project management for all developments as well as managing all of Brian’s commercial and residential spaces. Josh has overseen the finish out of tenant spaces at Block Street and the Metro District and is directly involved in all matters relating to on-going tenant satisfaction. Jay Alexander Principal/Broker-in-Charge 864-679-3623 | 864-380-6191(cell) Education: University of South Carolina – Columbia, SC May 1991 Bachelor of Science Mechanical Engineering Furman University 1993-1994 Pre-MBA classes Recent Development Experience: n Lead team member in submitting two winning RFPs to Greenville Hospital System for build-to-suit developments totaling $10.5 million. Secured construction funding, long term financing and managed projects to completion. n Embassy Suites – Downtown Greenville SC: 155 room hotel constructed on air rights above city owned parking garage. The Embassy has a Ruth’s Chris Steakhouse in the lobby, 4,300 SF of meeting space and rooftop bar. n Home2 Suites – Asheville, NC: 112 room extended stay hotel with surface parking. n Motto by Hilton – Bentonville, AR: 175 new concept micro room hotel under development in downtown Bentonville. The Motto will have a separately branded F&B concept, retail space, bike storage, and outdoor F&B concept. Opening 4th quarter 2023. Community Involvement: Board Member – Neighborhood Focus 2019 - Present Chairman of Administrative Board – Mauldin United Methodist Church 2009-2011 Chairman of Youth Director Search Committee – 2010 Past Board Member - Greenville Metro YMCA Past Board Member – Meyers Center for Special Children - Greenville, SC Kelly Ross General Manager / Commercial Construction 40 W. Broad Street, Suite 500 Greenville, South Carolina 29601 Phone: 864-303-9880 Email: kross@windsoraughtry.com Education: A.A.S. – Building Construction Science, Greenville Technical College, 1981 Areas of Expertise: n Kelly is General Manager for our hotel related construction projects. Working with design teams and contractors he represents the firm’s interests in new hotel endeavors as well as property updates and renovations. Recent New Hotel Project Experience: n 127 room Hampton Inn & Suites atop a six-story parking deck in downtown Roanoke, VA. Opened 2016. n 156 room full-service Embassy suites with rooftop bar / restaurant in Greenville, SC. Opened 2016. n 138 room seven-story Residence Inn with pool and site amenities in Greenville, SC. Opened 2018. n 135 room seven-story Marriott Courtyard located in downtown Baton Rouge, LA. Opened 2018. n 132 room eight-story Hampton Inn & Suites located in Kansas City, MO. Opened 2019. n 115 room Home 2 Suites located in Asheville, NC. Opened 2020. Laurens Nicholson CCIM, SIOR Principal / Director 40 W. Broad Street, Suite 500 Greenville, South Carolina 29601 Phone: 864-270-2706 Email: lnicholson@windsoraughtry.com Education: Clemson University - Clemson, SC May 1990 Bachelor of Science Development Experience: n Team member in assembling a site in Bentonville, AR for hotel development. Participated in the site selection, environmental, civil engineering, schematic design, design development and construction bid submittal. Worked with the City of Bentonville on the pre-application meetings and planning submittal. Worked with City of Bentonville Planning Department in getting project approved. n Partner in hospitality real estate investment partnerships. n Partner in multiple medical investment partnerships. n Developed medical build-to-suits. Worked from site selection to completion. n Developed multiple industrial and manufacturing facilities throughout South Carolina. Community Involvement: CCIM—South Carolina Chapter—Board of Directors (Education Chair), Past President CCIM Global- Currently serving as Vice Chair to the faculty curriculum sub-committee CCIM -Instructor- Financial Analysis for Commercial Real Estate Investment and Foundations for Success South Carolina Association of Realtors— Past Board of Directors Greater Greenville Association of Realtors – Commercial Division, Past President, Board of Directors SIOR—Global Organization —President Carolina’s Chapter—2014 Awards: South Carolina CCIM of the Year- 2019 Commercial Realtor of the Year - Greater Greenville Association of Realtors—2002 Co-Star Power Broker - Industrial Sale &Lease Transactions—2009, 2010, 2012, 2013, 2014,2016 Bachelor of Science,Construction Management University of Arkansas at Little Rock,Little Rock, Arkansas AARON McDONNELSr. Project Manager ROLE IN THIS PROJECT: Aaron will provide leadership, oversight, and direction to the other members of the C.R. Crawford team throughout the life of the project. He will work with the project owner, architect, and other stakeholders to develop and execute a project management plan that will result in the project being completed on schedule and within budget and executed with the utmost quality. SUMMARY OF EXPERIENCE: Having worked 18 years in the construction industry in areas from business development to estimating to project management, Aaron brings a tremendous amount of insight, experience, and leadership to any project team. He has a proven ability to lead multiple teams effectively and efficiently. The volume of total projects under his oversight at any one time have ranged from $200 to $300 million. amcdonnel@crcrawford.com NOTABLE PROJECT EXPERIENCE INCLUDES: • AC Marriott Hotel – Little Rock, AR • AC Marriott Hotel – Kansas City, MO • Chenal Point Apartments – Little Rock, AR • Landmark Apartments – Little Rock, AR • Wimbledon Greens Apartments – Little Rock, AR • The Blake Sr. Living Center – Little Rock, AR • OBU Student Housing – Arkadelphia, AR • OBU Dorms – Arkadelphia, AR • Arkansas Children’s Hospital Research and Nutrition Center – Little Rock, AR • Arkansas Heart Hospital Cath Lab Renovation – Little Rock, AR • Arkansas NeuroSpine Center – Little Rock, AR • U of A Athlete Success Center – Fayetteville, AR • U of A Student Success Center – Fayetteville, AR • U of A Ozark Hall Renovation – Fayetteville, AR • Pinnacle Hills Promenade – Rogers, AR • Promenade at Chenal – Little Rock, AR • First Orion Office Building – North Little Rock, AR • Bass Pro Shops – Little Rock, AR • Overland Park Rehabilitation Hospital – Overland Park, KS • Arkansas Fertility & Gynecology Associates – Little Rock, AR • Malco Theater – Rogers, AR • Cobb Cinebistro Theater – St. Petersburg, FL • Cobb Cinebistro Theater – Cincinnati, OH • Movie Tavern – Allentown, PA • Movie Tavern – Little Rock, AR • Ridgedale Mall Renovation & Expansion – Minnetonka, MN • Rosedale Mall Renovation & Expansion – Roseville, MN • St. Louis Galleria Renovation – St. Louis, MO • Quail Springs Mall Renovation – Oklahoma City, OK • LA Fitness – North Little Rock, AR • LA Fitness – Memphis, TN • Summit Fair Retail Center – Lee’s Summit, MO • Adams Dairy Landing – Blue Springs, MO • Summit Orchard Retail Center – Lee’s Summit, MO • Ward Parkway Center – Kansas City, MO • First Security Bank (Gateway Branch) – Little Rock, AR • ASU Football Practice Facility – Jonesboro, AR • Dairy Queen – Sherwood, AR • Dairy Queen – Little Rock, AR • Pediatrics Plus – Conway, AR • Pediatrics Plus – Little Rock, AR • Pediatrics Plus – North Little Rock, AR • St. Vincent Lonoke Medical Clinic – Lonoke, AR • St. Vincent Bryant Medical Clinic – Bryant, AR • Arkansas Heart Hospital Cath Lab Renovation – Little Rock, AR • Bellview Urban Center – Rogers, AR • Doctors Hospital Renovation – Little Rock, AR • River Ridge Mall Renovation – Lynchburg, VA TRENT ROGERS, AIASr. Pre-Construction Manager ROLE IN THIS PROJECT: Trent will lead our pre-construction team and work with you and your project architect during the planning, design, and pre-construction phase of your construction program to provide conceptual unit-cost/square-foot-cost estimates. Trent will also work with the project manager to develop a preliminary construction schedule for the project. Trent will focus on the feasibility and efficiency of constructing what has been designed and, if needed, will develop alternative solutions to ensure your project remains within your budget. SUMMARY OF EXPERIENCE: In addition to his deep understanding of construction costs, Trent is also registered as an architect by the American Institute of Architecture (AIA). His understanding of both design philosophy and construction costs has allowed Trent to be a very effective communicator and problem solver when working with project owners and architects. trogers@crcrawford.com NOTABLE ARCHITECTURAL PROJECT EXPERIENCE INCLUDES: • Farmington High School Gymnasium and Performing Arts – Farmington, AR • Crossmark Center for Collaboration – Bentonville, AR • Fulbright Junior High School – Bentonville, AR • Keypoint Church – Bentonville, AR • Elkins High School – Elkins, AR • First Baptist Church – Rogers, AR • Fort Scott Community College Performing Arts – Fort Scott, KS • Siloam Springs High School – Siloam Springs, AR • Siloam Springs High School Stadium – Siloam Springs, AR NOTABLE CONSTRUCTION PROJECT EXPERIENCE INCLUDES: • City U – Bentonville, AR • South School Apartments – Fayetteville, AR • Network Zero – Fayetteville, AR • Generations Bank – Fayetteville, AR • First National Bank – Fayetteville, AR • United Bank – Bentonville, AR • IDO – Lowell, AR • Depot 16 – Bentonville, AR • Pharm II – Bentonville, AR • RMP, LLP – Johnson, AR • BNSF Logistics – Springdale, AR • Primrose Communities – Multiple Locations (AR and TX) • Whitbeck Labs – Springdale, AR • Washington Regional Cancer Support Home – Fayetteville, AR • Washington Regional Medical Billing Office – Fayetteville, AR • McDonald Eye Associates – Fayetteville, AR • Marvell - Elaine School District – Marvell, AR • Rogers School District – Rogers, AR • Elkins School District – Elkins, AR • Prescott School District – Prescott, AR • Mountainburg School District – Mountainburg, AR • Flippin School District – Flippin, AR • Melbourne School District – Melbourne, AR • Poyen School District – Poyen, AR • Pea Ridge School District – Pea Ridge, AR • North Cedar Townhomes – Fayetteville, AR • Tyson Foods – Rogers, AR Bachelor of Architecture Louisiana Tech University, Ruston, Louisiana AIA Architect Registration DAVID KARREstimator dkarr@crcrawford.com NOTABLE PROJECT EXPERIENCE INCLUDES: • Home2 Suites – Bentonville AR • Independence Plaza – Lowell, AR • Admiral Plaza Shopping Center – Tontitown, AR • Johnson Medical Building – Johnson, AR • IDO Phase II – Lowell, AR • Blue Ember Smokehouse – Fort Smith, AR • The Goddard School – Fayetteville, AR • The Goddard School – Bentonville, AR • Mercy Convenient Care Clinic – Bentonville, AR • Mercy Health Pain Clinic – Bentonville, AR • Southern Hills Office Building, Wilson Coker Wealth Advisors and Lighthouse Financial – Rogers, AR • Matrix Racquet Club – Lowell, AR • Benchmark Building TI – Rogers, AR • Playground, Washington Elementary School – Fayetteville, AR • Batteries Plus Bulbs TI – Fort Smith, AR • Discount Tire – Jonesboro, AR • Dazzling Nail Bar – Fayetteville, AR • First Security Bank ATM – Fayetteville, AR • BancorpSouth Renovation – Fayetteville, AR • Discount Tire – Rogers, AR • Walk-On’s – Rogers, AR • Walk-On’s – Texarkana, AR • Walk-On’s – Fort Smith, AR • Jiffy Lube – Springdale, AR • Southern Hills Office Building, Wilson Coker Wealth Advisors and Lighthouse Financial – Rogers, AR • Sherwin-Williams TI – Bentonville, AR • Rogers School District, (4) Middle School Outdoor Tracks – Rogers, AR Bachelor of Science,Supply Chain Management, Finance University of Arkansas, Fayetteville, Arkansas ROLE IN THIS PROJECT: Working closely with Sr. Pre-Construction Manager Trent Rogers, David will lead estimating services for this project. He and Trent will work with you and your project architect during the planning, design, and pre-construction phase of your construction program to provide conceptual unit cost/square foot cost estimates and unit cost for site utility work. He will assist Trent in analyzing the accurate and efficient constructability of the project’s design and will provide value engineering services to ensure your project remains within your budget. SUMMARY OF EXPERIENCE: For more than five years, David’s dedicated focus in estimating services has given him vast experience. He is detail oriented and thorough in his processes, giving him quick expertise and success in project estimating. David is a proven asset in pre- construction services and will be an apparent benefit to your project. JUSTIN REEVESProject Manager ROLE IN THIS PROJECT: As Project Manager, Justin will work with your staff throughout your project and will be responsible for the successful outcome of the project. Justin will work closely with you and your project architects to ensure the project begins and ends within budget and on schedule. Justin will also work very closely with our Project Superintendent to verify that all work is done with quality and safety. SUMMARY OF EXPERIENCE: Justin is one of C.R. Crawford’s most versatile Project Managers. In addition to his ability to expertly manage projects, Justin is also very adept at cost estimating, allowing him to work closely with our project estimating staff to produce accurate cost estimates and program budgets that will serve to keep your project on track financially. Justin has experience in a wide variety of project types, including K-12, healthcare, federal/military, and premium office spaces. jreeves@crcrawford.com NOTABLE PROJECT EXPERIENCE INCLUDES: • Home2 Suites – Bentonville, AR • Home2 Suites – Springdale, AR • Courtyard by Marriott – Rogers, AR • North Cedar Townhomes – Fayetteville, AR • The Fields at Pinnacle – Rogers, AR • Johnson Square RMP Building – Johnson, AR • Tyson Manufacturing Automation Center – Springdale, AR • Mercy Therapy Services – Rogers, AR • Washington Regional Cancer Support Home – Fayetteville, AR • Johnson Square Medical Office Building – Johnson, AR • Johnson Square Parks – Johnson, AR • Johnston Liner – Johnson, AR • Swetnam TI – Johnson, AR • Highland Middle School Parking – Highland, AR • Huntsville Activities Center – Huntsville, AR • Poyen Career Education and High School Cafeteria – Poyen, AR • Prescott Elementary School – Prescott, AR • Central Utility Plant Shop & Power Center, University of Arkansas – Fayetteville, AR • Washington Regional Cancer Support Home – Fayetteville, AR • Elkins Elementary School Addition – Elkins, AR • Prescott Middle School – Prescott, AR • Lisa Academy Renovation – Little Rock, AR • Little Rock Air Force Base – Jacksonville, AR • Arkansas National Guard Armed Forces Reserve Center – Bentonville, AR • Walmart Neighborhood Market – Ruston, LA • Walmart Neighborhood Market – Shreveport, LA • Walmart Neighborhood Market – Bossier City, LA • CrossMar Industrial Building – Bentonville, AR • Marvell High School Gym Addition – Marvell, AR • McKee Peanut Butter Plant – Gentry, AR • Power Center – Rogers, AR • Storms Orthodontics – Springdale, AR • Verizon Wireless – Moore, OK • McKee Foods Extruder Room Addition – Gentry, AR Bachelor of Science, Construction Management University of Arkansas, Little Rock, Little Rock, Arkansas 30-Hour Training Certificate Occupational Safety and Health Administration 16-Hour EM 385-1-1 Certification40-Hour EM 385-1-1 CertificationAmerican Safety Council Scaffolding CertificationNWA Stormwater Compliance CertificationForklift/Boom Lift Operator Certification Basic Rigger, Carpentry, Core Curriculum, Reinforcing Ironwork Level TwoNCCER Curriculum Performance Evaluator CPR/First Aid CertifiedAmerican Red Cross 30-Hour Training CertificateOccupational Safety and Health Administration KEN EARNESTProject Superintendent ROLE IN THIS PROJECT: As Project Superintendent, Ken will work with the Project Manager to oversee project development by evaluating cost activities and developing and managing the construction schedule. He will manage all on-site personnel, update schedules, manage our quality control program, and administer our safety program. SUMMARY OF EXPERIENCE: Having been in the construction industry for 27 years, Ken is one of C.R. Crawford’s most experienced Project Superintendents. He is a true leader on a job site and skillfully encourages others to achieve more and provide only their best work. kearnest@crcrawford.com NOTABLE PROJECT EXPERIENCE INCLUDES: • Courtyard by Marriot – Rogers, AR • Home2 Suites – Bentonville, AR • Fairfield Inn & Suites – Catoosa, OK • Everest Rehabilitation Hospital – Rogers, AR • Jiffy Lube – Bentonville, AR • Jiffy Lube – Springdale, AR • Everest Rehabilitation Hospital – Oklahoma City, OK • Hall’s Crossing – Springdale, AR • Shoppes at Bella Vista – Bella Vista, AR • Johnston Square Liner – Johnson, AR • Redbird Office Building – Bentonville, AR • Pendergraft Office Building – Fayetteville, AR • Huntsville Activities Center – Huntsville, AR Robert Sharp Principal EDUCATION Bachelor of Arts in British History, University of the South, Sewanee Tennessee, 1986 Bachelor of Architecture, University of Arkansas, 1991 PROFESSION Robert Sharp has 30 years of experience in the architectural profession. He founded Courtyard, Building, and Block, LLC in 2014 to specialize in serving the needs of municipalities, and private sector real estate developers working in Infill and New Urban settings. Robert has a keen interest in city and town planning, development economics, and regional architecture. COMMUNITY A native of Fayetteville, Robert Sharp has served in numerous local organizations such as the Planning Commission, Historic District Commission, Downtown Architectural Standards Committee, and Fayetteville Natural Heritage’s Green Infrastructure project. Robert is currently serving as Town Architect for Partners for Better Housing, a 501c3 nonprofit corporation that is developing attainable housing in Fayetteville’s Walker Park Neighborhood. REPRESENTATIVE PROJECTS Three Sisters Building Robert Sharp served as Project Architect for the Three Sisters Building in Fayetteville Arkansas. The project encompasses three sides of a city block in downtown Fayetteville and includes professional office, retail, and residential uses. The building has become a distinctive local landmark and anchors Fayetteville’s Cultural and Entertainment District. Robert led the design team and provided Construction Administration services for the project. Mill District Robert Sharp served as Project Architect for the conversion of an abandoned feed mill into a mixed use development containing professional office, retail, and residential space. The Mill District has served as a catalyst for positive growth in its neighborhood. The Arkansas AIA has recognized the project with an Honor Award for design excellence. The Dickson Robert Sharp served as Project Architect for Underwood Plaza, a seven story mixed use building on an infill site in Downtown Fayetteville. The building was designed to maximize the advantages of its prime location, while minimizing the disturbances from an adjacent railroad track and electrical substation. RMP Building, Johnson Square Robert Sharp served as design architect for RMP Building at the heart of the Johnson Square neighborhood. The three story masonry building contains law offices on the upper two floors. Streetside spaces are Pizzeria Ruby and the Hail Fellow Well Met Market. The combination of Class A office space and vibrant ground level tenants is a model for downtown development. Network Building Robert Sharp worked closely with Entegrity sustainability and energy consultants to create the state’s first mixed use Net Zero Building. The building contains 28 apartments and 4,000 sq ft of office space. In addition to energy efficiency, good urban design, durability, and access to natural light drove the design process. David McElyea Project Manager EDUCATION United States Marine Corps 2002 Bachelor of Architecture, University of Arkansas 2006 PROFESSION David has worked at a variety of architecture and design/build companies in his career in Arkansas and Louisiana. David worked on a variety of institutional and multi-family projects during his time at Modus Studio in Fayetteville from 2010 to 2018 REPRESENTATIVE PROJECTS Brick Avenue Lofts, Bentonville Arkansas While working at Modus Studio, David served as Project Manager for this 252 unit multi-family. The project is located on an 11 acre site near downtown Bentonville. Project includes multiple building types, clubhouse and associated amenities. Uptown Fayetteville This urban multi-family project includes 308 multifamily units on 14 acres. Also included is street- side retail, clubhouse, gardens, and local art installations. David worked on design and production for the project while at Modus Studio. Atmosphere, Fayetteville Arkansas Student housing project that encompasses an entire city block near the University of Arkansas. 228 unit - 628 bedrooms, 6 story podium with clubhouse, structured parking, and amenities. David worked on design and production for the project while at Modus Studio. Cardinal, Fayetteville Arkansas Student housing project that encompasses an entire city block near the University of Arkansas. 150 unit - 471 bedrooms, 6 story podium with clubhouse, structured parking, and amenities. David worked on design and production for the project while at Modus Studio. Beacon Block, Fayetteville Arkansas A three story mixed use building located at the corner of Prospect Street and College Avenue in Fayetteville Arkansas. The project includes 26 apartments and 6,000 sq ft of Office and Retail space at street level. David provided construction drawings for the project. Construction will begin in Spring of 2022. Kara McElyea Architect EDUCATION Auburn University Master of Design-Build | 2008 University of Arkansas Bachelor of Architecture, Magna Cum Laude with Honors | 2007 PROFESSION Project Manager at BRR Architecture January 2014 - October 2015 Responsibilities: Prototype Manager for the Walmart Neighborhood Market Haag Brown Commercial Real Estate and Development November 2015 - July 2018 Responsibilities: Producing concept designs and site layouts for all new development opportunities REPRESENTATIVE PROJECTS FFO Home - Multiple Locations (20+/-) Starbucks Retail Centers - Multiple Locations ( 20+/- ) Tacos 4 Life - Multiple Locations ( 20+/- ) The Reserve at Hill Park - Jonesboro, AR (27 acre office park) Haag Brown Office - Jonesboro, AR Multiple Retail Developments (20 - 100 acres) Adult Education Center – Trumann, AR Parkwood Retail Center – Jonesboro, AR 7,300 SF three-suite retail space East Johnson Medical Offices – Jonesboro, AR 6,600 SF two-suite building and 2,400 SF free standing building Ha-Ro-Co Fire Station – Harriet, AR Reconstruction of an existing volunteer fire station Nestle Activation Center – Rogers, AR 12,000 SF offices with demonstration kitchen and mock up retail space BNSF Railway Offices – Various Locations 1,500 to 3,200 rail office replacements St. Mark’s Episcopal Church – Jonesboro, AR 2,700 SF renovation of entry sequence for existing church Dell Fire Station – Dell, AR 5,600 SF four-bay volunteer fire station Vetro 1925 – Fayetteville, AR 4,700 SF restaurant in historic downtown building First United Methodist Church – Greenbrier, AR CA | renovations and classroom additions to an existing church Baxter Heathcare – Mountain Home, AR DD, CD, CA, project renderings | loading dock addition to an existing manufacturing facility Off-Grid Emergency Housing SD, DD, CD, CA | design and construction of 320 SF emergency housing unit out of a shipping container Evan Douglas Project Manager EDUCATION Bachelor of Science in Architectural Studies, University of Arkansas, 2015. PROFESSION Evan Douglas has worked as an architectural designer on various single and multi-family residential projects, with a focus on small-scale and infill development. His work is centered around architecture that is elegant, economical, and resilient. REPRESENTATIVE PROJECTS Hill Avenue Townhouses Hill Avenue Townhouses is a collection of seventeen townhouses near the University of Arkansas campus. The two and three story townhouses all feature private outdoor living space. Evan provided design and construction document services for the project. Pharm II Townhouses Evan has provided design and construction drawings for six urban townhouses in B Street in Downtown Bentonville Arkansas. The Pharm II townhouses are designed for a narrow site and feature garage parking, a lofty living floor along the entire second floor and a generous suite at the third floor, including a private terrace. Dunn and Davis Dunn and Davis features twenty three townhouses on a quarter block in Downtown Bentonville. Many of the units feature private garages and balconies. The core of the site is a landscaped courtyard that creates an intimate oasis in a dense urban setting. Evan provided design and construction document services for the project. Wheeler District Houses Wheeler is an emerging mixed use neighborhood in Oklahoma City, located on the site of the former airport. Evan developed housing prototypes for the project and created construction documents for a series of new houses. This work at Wheeler is on-going as they e xpand into their second phase. Briartown Cottages Evan participated in the design charrette for Briartown Cottages, a project funded by the Walton Family Design Excellence program. After design work was complete, Evan created a set of consistent construction documents from the work of various other architects. Construction of the Briartown Cottages was completed this fall. Final Civic Plaza Schematic Design and Renderings - January 2019 Final Civic Plaza Schematic Design and Renderings - January 2019 Final Civic Plaza Schematic Design and Renderings - January 2019 Final Civic Plaza Schematic Design and Renderings - January 2019 Received by Kit Williams 10/11/22 at 2:44 PM Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0917 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Council Meeting Agenda Number: C.2 AMEND §73.05 RIDING ON SIDEWALKS: AN ORDINANCE TO AMEND § 73.05 RIDING ON SIDEWALKS OF THE FAYETTEVILLE CITY CODE TO ALIGN WITH STATE LAW REGARDING THE RIGHTS AND DUTIES OF A PERSON OPERATING A BICYCLE IN A CROSSWALK WHEREAS, in 2021, the Arkansas General Assembly enacted Act 1067, which extends the rights, protections, and duties of pedestrians in crosswalks to persons lawfully riding bicycles; and WHEREAS, § 73.05 of the Fayetteville City Code should be amended to align with state law regarding the safe operation of bicycles in crosswalks. 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) of §73.05 Riding on Sidewalks and enacts a new §73.05(C) as follows: “(C) Operation of Bicycles Upon Crosswalks (1) A person operating a bicycle upon a crosswalk shall: (a) Yield the right of way to pedestrians; and (b) Give an audible signal before overtaking and passing a pedestrian. (2) Except as provided in subsection (C)(1) of this section, a person lawfully operating a bicycle upon a crosswalk has all the rights and duties applicable to a pedestrian using the crosswalk pursuant to § 74.02 of the Fayetteville City Code and Ark. Code Ann. § 27-51-1202. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: N/A Project Number Budget Impact: N/A Fund N/AN/A Account Number Project Title City of Fayetteville Staff Review Form 2022‐0917 Legistar File ID October 18th, 2022 City Council Meeting Date ‐ Agenda Item Only Staff recommends amending Section 73.05 of the Fayetteville City Code to align with state law regarding the rights and duties of a person operating a bicycle in a crosswalk and provides the same protections as a pedestrian to a person lawfully riding a bicycle in a crosswalk. N/A for Non‐Agenda Item Action Recommendation: Submitted By Matt Mihalevich ENGINEERING (621) Division / Department 9/28/2022 Submitted Date No ‐$ ‐$ Must Attach Completed Budget Adjustment! V20210527 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget ‐$ ‐$ No No ‐$ ‐$ MEETING OF OCTOBER 18TH, 2022 TO: Mayor and City Council THRU: Chris Brown, Public Works Director/City Engineer Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager DATE: September 27th, 2022 SUBJECT: 2022-0917 – Align Section 73.05 of the Fayetteville City Code with State Law RECOMMENDATION: Staff recommends amending Section 73.05 of the Fayetteville City Code to align with state law regarding the rights and duties of a person operating a bicycle in a crosswalk and provides the same protections as a pedestrian to a person lawfully riding a bicycle in a crosswalk. BACKGROUND: In 2021 the Arkansas State Legislature passed Act 1067 entitle “An act to amend the law concerning bicycle safety; to clarify the rights and duties of a person operating a bicycle. And for other purposes.” This new law under house bill 1702 A.C.A. 27-51-1804 gives people operating bicycles in crosswalk the same rights and duties as people walking in crosswalks. DISCUSSION: This change in Arkansas State law is of importance for Fayetteville as all shared-use paved trail crossings are legally crosswalks. Prior to this new law people riding bikes were required to dismount and walk their bicycles at all trail/street crossings in order to have legitimate legal protections in case of a crash. BUDGET/STAFF IMPACT: None Attachments: Act 1067 of 2021 Stricken language would be deleted from and underlined language would be added to present law. Act 1067 of the Regular Session *DTP124* 04-19-2021 13:42:54 DTP124 State of Arkansas As Engrossed: S4/19/21 1 93rd General Assembly A Bill 2 Regular Session, 2021 HOUSE BILL 1702 3 4 By: Representative McCullough 5 By: Senators Irvin, C. Tucker 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE LAW CONCERNING BICYCLE SAFETY; TO 9 CLARIFY THE RIGHTS AND DUTIES OF A PERSON OPERATING A 10 BICYCLE; AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO AMEND THE LAW CONCERNING BICYCLE 15 SAFETY; AND TO CLARIFY THE RIGHTS AND 16 DUTIES OF A PERSON OPERATING A BICYCLE. 17 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code § 27-51-1801(1), concerning the definition of 22 "bicycle", is amended to read as follows: 23 (1) “Bicycle” means a human-powered vehicle: 24 (A) With two (2) or more wheels in tandem, designed to 25 transport by the act of pedaling one (1) or more persons seated on one (1) or 26 more saddle seats on its frame; and 27 (B) Used on a public road, bicycle path, crosswalk, or 28 right-of-way; and 29 30 SECTION 2. Arkansas Code Title 27, Chapter 51, Subchapter 18, is 31 amended to add an additional section to read as follows: 32 27-51-1804. Operation of bicycle upon crosswalk. 33 (a) A person operating a bicycle upon a crosswalk shall: 34 (1) Yield the right-of-way to pedestrians; and 35 (2) Give an audible signal before overtaking and passing a 36 As Engrossed: S4/19/21 HB1702 2 04-19-2021 13:42:54 DTP124 pedestrian. 1 (b) Except as provided in subsection (a) of this section, a person 2 lawfully operating a bicycle upon a crosswalk has all the rights and duties 3 applicable to a pedestrian using the crosswalk under § 27-51-1202. 4 5 6 /s/McCullough 7 8 9 APPROVED: 4/30/21 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0921 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Council Meeting Agenda Number: C.3 §72.02 NONCONSENSUAL, POLICE-INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES: AN ORDINANCE TO AMEND §72.02 NONCONSENSUAL, POLICE-INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES TO ALLOW TOWING OF A TRAILER BLOCKING AN ALLEY WHEREAS, vehicles parked in alleys which prevent property owners from using their abutting alleys for normal use are already illegal, pursuant to the Fayetteville Code, but also should be subject to police-initiated nonconsensual tows. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.02 (A) of the Fayetteville Code so (A) shall be as follows: "In addition to ticketing an illegally parked vehicle or trailer, the Police Department is hereby authorized to initiate a nonconsensual tow or otherwise remove a vehicle or trailer from a highway, highway right-of-way, street, street right-of -way, constructed alley, trail, trail right-of-way, city parking lot or other city owned property or right-of-way not authorized for parking, and have it towed to a storage facility within Fayetteville or within three miles of the city limits under the following circumstances:" Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby amends §72.02 (A)(3) and subsection (3)(a) to read as follows: “(3) When any vehicle or trailer is parked or left unattended upon a city street, street right-of-way, constructed alley, trail, or trail right-of-way and: (a) Constitutes a hazard or obstruction to the normal movement of traffic or vehicles on the street, constructed alley, or trail;” Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0930 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Council Meeting Agenda Number: C.4 RZN 22-035 (6074 W. WEDINGTON DR./HOUSTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-035 LOCATED AT 6074 WEST WEDINGTON DRIVE IN WARD 4 FOR APPROXIMATELY 2.43 ACRES FROM R-A, RESIDENTIAL-AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department’s Agenda Memo from R-A, Residential-Agricultural to RSF-4, Residential Single Family, 4 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2022-0930 Legistar File ID 10/18/2022 City Council Meeting Date - Agenda Item Only RZN-2022-0035: Rezone (6074 W. WEDINGTON DR./HOUSTON, 397): Submitted by BLEW AND ASSOCIATES for property located at 6074 W. WEDINGTON DR. in WARD 4. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 2.43 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 9/30/2022 Submitted Date No -$ -$ Must Attach Completed Budget Adjustment! V20210527 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ MEETING OF OCTOBER 18, 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: September 30, 2022 SUBJECT: RZN-2022-0035: Rezone (6074 W. WEDINGTON DR./HOUSTON, 397): Submitted by BLEW AND ASSOCIATES for property located at 6074 W. WEDINGTON DR. in WARD 4. The property is zoned R-A, RESIDENTIAL- AGRICULTURAL and contains approximately 2.43 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property is in west Fayetteville on the north side of Wedington Drive about 400 feet west of 59th Avenue. The property contains a portion of four existing lots totaling 2.43 acres. An application for a property line adjustment was submitted concurrently with this request which would remove and adjust property lines to align with the proposed zoning boundary. The property line adjustment is currently under administrative review. On August 22, 2022, this item was tabled by the Planning Commission until the meeting scheduled for September 26th at the request of the applicant. Initially, the request was to rezone the property to RI-U, Residential Intermediate- Urban, though the applicant amended their request to rezone the property to RSF-4, Residential Single-Family, 4 Units per Acre prior to the September 26th Planning Commission meeting. Request: The request is to rezone the property from R-A, Residential-Agricultural to RSF-4, Residential Single-Family, 4 Units per Acre. Public Comment: Staff received public comment in opposition to the applicant’s initial request to rezone to RI-U. Attached to the Planning Commission report is a detailed petition organized and signed by several neighbors. Neighbors expressed concerns about the scale of development that may result from a rezoning to RI-U given the lack of a density limitation in that zoning district. However, the applicant has since amended their request to rezone the property to RSF-4. Land Use Compatibility: Staff finds the proposed zoning to be generally compatible with surrounding land uses. Residential zoning designations along this portion of Wedington between 54th Avenue and Double Springs Road vary, and adjoining properties are currently developed with low-density single- and two-family residences. The subject property’s current zoning designation 2 of R-A, Residential-Agricultural, allows for a range of low-intensity uses by right, including agriculture, single- and two-family dwellings, and animal boarding, while the proposed RSF-4 zoning would only allow single-family residential development by right. The residential density allowance in R-A is limited to one-half unit per acre while RSF-4 has a density limitation of four units per acre. Given the size of the site, one unit would be permitted under the property’s current zoning designation, and nine would be permitted under the proposed RSF-4 zoning. The setback requirements for the R-A and RSF-4 zoning districts vary significantly with R-A having a front and rear setback of 35 feet and a side setback of 20 feet, and RSF-4 having a front and rear setback of 15 feet and a side setback of 5 feet. The front portion of the subject property is encumbered by a water/sewer easement varying in width between 25 and 40 feet, so a rezoning to RSF-4 may be appropriate in this instance since it would allow for reduced conventional setbacks. Otherwise, given the property’s access to basic services and proximity to a major thoroughfare and other moderate-density residential developments, staff finds the proposed rezoning to be appropriate. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the City’s land use plans and policies. The purpose of the RSF-4 zoning district is to permit and encourage the development of low-density detached dwellings in suitable environments, as well as to protect existing developments of those types. Staff finds that a rezoning to RSF-4 is appropriate at this location, since it could serve as a transition between lower density rural properties to the west and higher density residences to the east. A rezoning to RSF-4 is also aligned with the property’s Future Land Use Map designation as Residential Neighborhood area since it would allow for greater variety in housing types at an appropriate scale. Regarding the general goals of City Plan 2040, a rezoning to RSF-4 may support Goals 1 and 6 of City Plan 2040 by allowing for a slight increase in development near the urban fringe and providing an opportunity for the creation of additional housing units. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4 for this site. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #7, 835 N. Rupple Rd.) • Near Sewer Main (6” main, West Wedington Drive) • Near Water Main (2” and 18” mains, West Wedington Drive) • Near Paved Trail (Side-path trail, West Wedington Drive) DISCUSSION: At the September 26, 2022 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Brink made the motion and Commissioner Canada seconded. Commissioners offered little comment on the item, finding the applicant’s amended request to rezone to RSF-4 to be appropriate. A few members of the public spoke at the meeting and expressed concerns about the City’s public notification requirements. Staff clarified that the applicant was not required to re-notify after the item was tabled at a previous meeting to a specific date. One member of the public expressed their opposition to the amended rezoning request, though no clear support or opposition was offered otherwise. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: • Exhibit A • Exhibit B • Planning Commission Staff Report RSF-4 RMF-6 R-A RI-UNS-L 59 T H A V E BR O O K D R MICHAEL COLE DR WEDINGTON DR Regional Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2022-0035 6074 W. WEDINGTON DR. 0 150 300 450 60075 Feet Zoning Acres RI-U 2.4 Total 2.41:2,400 Subject Property RZN-2022-0035 Exhibit 'A' RSF-4 RZN-2022-0035 EXHIBIT ‘B’ REZONE DESCRIPTION: A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A FOUND 3" ALUMINUM CAPPED STATE MONUMENT IN ASPHALT AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT; THENCE N02°25'01"E A DISTANCE OF 63.62' TO A FOUND 5/8" REBAR WITH 2" ALUMINUM CAP ARDOT RIGHT-OF-WAY MONUMENT ON THE NORTH RIGHT- OF-WAY LINE OF WEST WEDINGTON DRIVE, BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY N02°27'15"E A DISTANCE OF 401.00' TO A FOUND 5/8" REBAR; THENCE S87°36'29"E A DISTANCE OF 211.19' TO A FOUND 1/2" CAPPED REBAR "1532"; THENCE S87°45'28"E A DISTANCE OF 101.00' TO A FOUND 5/8" REBAR; THENCE S02°55'03"W A DISTANCE OF 212.84' TO A SET 5/8" REBAR CAPPED "AR PLS 1659"; THENCE N87°45'28"W A DISTANCE OF 100.38' SET 60D NAIL IN TREE; THENCE S02°44'57"W A DISTANCE OF 167.21' TO A FOUND 5/8" REBAR WITH 2" ALUMINUM CAP ARDOT RIGHT- OF-WAY MONUMENT ON THE NORTH RIGHT-OF-WAY LINE OF WEST WEDINGTON DRIVE; THENCE ALONG SAID RIGHT0OF-WAY THE FOLLOWING TWO COURSES: S54°58'55"W A DISTANCE OF 41.23' TO A FOUND 5/8" REBAR WITH 2" ALUMINUM CAP ARDOT RIGHT-OF-WAY MONUMENT; THENCE N86°16'55"W A DISTANCE OF 176.55' TO THE POINT OF BEGINNING, CONTAINING 2.428 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: September 26, 2022 SUBJECT: RZN-2022-0035: Rezone (6074 W. WEDINGTON DR./HOUSTON, 397): Submitted by BLEW AND ASSOCIATES for property located at 6074 W. WEDINGTON DR. The property is zoned R-A, RESIDENTIAL- AGRICULTURAL and contains approximately 2.43 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2022-0035 to City Council with a recommendation of approval based on the findings herein. RECOMMENDED MOTION: “I move to forward RZN-2022-0035 to City Council with a recommendation of approval.” AUGUST 22, 2022 PLANNING COMMISSION MEETING: On August 22nd, the item was recommended to be tabled by staff at the request of the applicant until the meeting scheduled for September 26th. Staff found the applicant’s initial request for RI-U to be too intense at this location. In the intervening weeks, the applicant amended their request to rezone the property to RSF-4, Residential Single-Family, 4 Units per Acre. BACKGROUND: The subject property is in west Fayetteville on the north side of West Wedington Drive about 400 feet west of North 59th Avenue. The property contains a portion of four existing lots totaling 2.43 acres and is developed with two accessory structures. An application for a property line adjustment was submitted concurrently with this request which would remove and adjust the property lines between the four lots to align with the proposed zoning boundary. The property line adjustment is currently under administrative review. A request to rezone the remainder of the site to RSF-4, Residential Single-Family, 4 Units per Acre, was approved by City Council on September 20, 2022. In 2020, the property owner requested to rezone the entire property to RI- 12, Residential Intermediate, 12 Units per Acre. That request was denied by the Planning Commission and subsequently appealed to and denied by City Council. Surrounding land uses and zoning are depicted in Table 1. (Updated with results from PC hearing) Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Rural Residential R-A, Residential-Agricultural South Two-Family Residential RMF-6, Residential Multi-Family, 6 Units per Acre East Rural Residential RSF-4, Residential Single-Family, 4 Units per Acre West Rural Residential R-A, Residential-Agricultural Request: The request is to rezone the property from R-A, Residential-Agricultural to RSF-4, Residential Single-Family, 4 Units per Acre. Public Comment: Staff has received public comment in opposition to the applicant’s initial request to rezone to RI-U. Attached to this report is a detailed petition organized by an adjoining landowner and signed by several neighbors. Neighbors expressed concerns about the scale of development that may result from a rezoning to RI-U, given the lack of a density limitation in that zoning district. However, the applicant has since amended their request to rezone the property to RSF-4. INFRASTRUCTURE: Streets: The subject property has frontage along West Wedington Drive, a fully-improved Regional Link street with asphalt paving, sidewalk, curb, and gutter. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing two-inch water main is present on the north side of West Wedington Drive, and an 18-inch main is present on the south side of the street. Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main is present along the north side of West Wedington Drive. Drainage: No portion of the subject property lies within the Hillside-Hilltop Overlay District or a streamside protection zone, and no FEMA-designated floodplains or hydric soils are present. Any additional improvements or requirements for drainage would be determined at the time of development. Fire: Station 7, located at 835 N. Rupple Rd., protects this site. The property is located approximately 1.9 miles from the fire station with an anticipated drive time of approximately four 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 one 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 six minutes for an engine and eight minutes for a ladder truck. Police: The Police Department did not comment on this request. Tree Preservation: The requested zoning district, RSF-4, Residential Single-Family, 4 Units per Acre, requires 25% minimum canopy preservation. The current zoning district, R-A, Residential-Agricultural, requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multi- family, 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 nonresidential 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 range between 3-4 for this site with a weighted score of 4 at the highest level. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #7, 835 N. Rupple Rd.) • Near Sewer Main (6” main, West Wedington Drive) • Near Water Main (2” and 18” mains, West Wedington Drive) • Near Paved Trail (Side-path trail, West Wedington Drive) FINDINGS OF THE STAFF: 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed zoning to be generally compatible with surrounding land uses. Residential zoning designations along this portion of Wedington between 54th Avenue and Double Springs Road include R-A, RSF-4, RI-12, RI-U, and RMF-6, and adjoining properties are currently developed with low-density single- and two-family residences. The subject property’s current zoning designation of R-A, Residential- Agricultural, allows for a range of low-intensity uses by right, including agriculture, single- and two-family dwellings, and animal boarding, while the proposed RSF-4 zoning would only allow single-family residential development by right. The residential density allowance in R-A is limited to one-half unit per acre while RSF-4 has a density limitation of four units per acre. Given the size of the site, one unit would be permitted under the property’s current zoning designation, and nine would be permitted under the proposed RSF-4 zoning. The setback requirements for the R-A and RSF- 4 zoning districts vary significantly with R-A having a front and rear setback of 35 feet and a side setback of 20 feet, and RSF-4 having a front and rear setback of 15 feet and a side setback of 5 feet. The front portion of the subject property is encumbered by a water/sewer easement varying in width between 25 and 40 feet, so a rezoning to RSF-4 may be appropriate in this instance since it would allow for reduced conventional setbacks. Otherwise, given the property’s access to basic services and proximity to a major thoroughfare and other moderate-density residential developments, staff finds the proposed rezoning to be appropriate in this instance. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the City’s land use plans and policies. The purpose of the RSF-4 zoning district is to permit and encourage the development of low-density detached dwellings in suitable environments, as well as to protect existing developments of those types. Staff finds that a rezoning to RSF-4 is appropriate at this location, since it could serve as a transition between lower density rural properties to the west and higher density residences to the east. A rezoning to RSF-4 is also aligned with the property’s Future Land Use Map designation as Residential Neighborhood area since it would allow for greater variety in housing types at an appropriate scale. Regarding the general goals of City Plan 2040, a rezoning to RI-U may support Goals 1 and 6 of City Plan 2040 by allowing for a slight increase in development near the urban fringe and providing an opportunity for the creation of additional housing units. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is needed at this time to better complement surrounding development patterns. While the property is currently of a size and configuration that is consistent w ith the R-A zoning district, staff finds that allowing for a slight increase in density is appropriate at this location. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from R-A to RSF-4 has the potential to increase traffic at this location due to the number of vehicle trips associated with higher- density residential development. However, the site has direct access to Wedington Drive, a Regional Link street that is suited to accommodate an increase in vehicular traffic. Any street improvements required in this area and any increase in traffic danger or congestion would be fully determined and addressed at the time of development. 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 as proposed has the potential to increase population density and thereby increase the load on public services. Staff finds that the proposed zoning is not likely to strain public services to an undesirable degree since the property has access to existing and adequate water and sewer services. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommend forwarding RZN-2022-0035 to City Council with a recommendation of approval. ________________________________________________________________________ PLANNING COMMISSION ACTION: Required YES Date: September 26, 2022 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.03 – District R-A, Residential-Agricultural o §161.07 – District RSF-4, Residential Single-Family – Four (4) Units Per Acre • Public Comment • Request Letter • One Mile Map • Close-Up Map • Current Land Use Map • Future Land Use Map x with a recommendation of approvalBrink Canada 8-0-0 161.03 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 (½) (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. 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 existin g 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. 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 dwellings Two (2) family dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Hillside Overlay District Lot minimum width 60 feet 70 feet Hillside Overlay District Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. 3825 N. Shiloh Dr. Fayetteville, Arkansas 72703 479-443-4506 Fax 582-1883 August 31, 2022 To Whom It May Concern, Rezone My client, Gordon Houston, is requesting a rezone for the property at 6074 West Wedington and a part of the property at 6704 West Wedington. We are requesting a rezone from R-A to RSF-4. We have also submitted a property line adjustment that would create the proposed rezoned area if approved. He does not plan to develop this property himself but has had multiple offers to develop it. We recently received approval for RSF-4 for the remaining portion of the property which includes the house, so we believe it would be beneficial to keep the zoning uniform throughout. We kindly ask for your approval to have a portion of my client’s property rezoned. The rezone affects parcels: 765-16186-000 & 765-16187-001. Sincerely, Nikki Littrell Project Manager Blew & Associates, P.A. RMF-24 C-2 R-O P-1 RMF-6 R-A RSF-1 RSF-8 RSF-4 CS RI-U RI-12 WEDINGTON DR DOUBLE SPRINGS RD D O U B L E S P R I N G S R D Regional Link Neighborhood Link Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Fayetteville City Limits Planning Area Zoning RESIDENTIAL SINGLE-FAMILY NS-G RI-U RI-12 NS-L Residential-Agricultural RSF-.5 RSF-1 RSF-2 RSF-4 RSF-7 RSF-8 RSF-18 RESIDENTIAL MULTI-FAMILY RMF-6 RMF-12 RMF-18 RMF-24 RMF-40 INDUSTRIAL I-1 Heavy Commercial and Light Industrial I-2 General Industrial EXTRACTION E-1 COMMERCIAL Residential-Office C-1 C-2 C-3 FORM BASED DISTRICTS Downtown Core Urban Thoroughfare Main Street Center Downtown General Community Services Neighborhood Services Neighborhood Conservation PLANNED ZONING DISTRICTS Commercial, Industrial, Residential INSTITUTIONAL P-1 One Mile View RZN-2022-0035 6074 W WEDINGTON DR. 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property RSF-4 RMF-6 R-A RI-UNS-L 59 T H A V E BR O O K D R MICHAEL COLE DR WEDINGTON DR Regional Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2022-0035 6074 W. WEDINGTON DR. 0 150 300 450 60075 Feet Zoning Acres RI-U 2.4 Total 2.41:2,400 Subject Property RSF-4 WEDINGTON DR Regional Link Unclassified Residential Link Planned Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2022-0035 6074 W WEDINGTON DR. 0 225 450 675 900112.5 Feet Subject Property Single-Family Residential Undeveloped Rural Residential Single-Family Residential 1:3,600 Civic and Private Open Space Natural Residential Neighborhood Rural Residential HE R I T A G E A V E MECKLIN S T P E R S H I N G S T QUINN ST E L P ASO DR CHATTEL ST ALLEY 1381 ALLEY 1449 ALLEY 1315 LEGACY ST FOUNTAIN ST LUN A S T 59 T H A V E QUINCY AVE TRANSIT ST COPPER RIDGE LN TACKETT DR ABILENE D R BR O O K D R MIC H A EL C OL E DR WEDINGTON DR Regional Link Neighborhood Link Unclassified Alley Residential Link Planned Residential Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2022-0035 6074 W WEDINGTON DR. 0 290 580 870 1,160145 Feet Subject Property 1:4,800 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0931 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Council Meeting Agenda Number: C.5 RZN 22-044 (170 E. MOUNTAIN ST./TWIN SUMMIT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-044 LOCATED AT 170 EAST MOUNTAIN STREET IN WARD 1 FOR APPROXIMATELY 0.12 ACRES FROM RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO DG, DOWNTOWN GENERAL 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 RMF-24, Residential Multi-Family, 24 Units Per Acre to DG, Downtown General. 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. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2022-0931 Legistar File ID 10/18/2022 City Council Meeting Date - Agenda Item Only RZN-2022-0044: Rezone (170 E. MOUNTAIN ST./TWIN SUMMIT, 524): Submitted by TWIN SUMMIT, LLC for property located at 170 E. MOUNTAIN ST. in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 9/30/2022 Submitted Date No -$ -$ Must Attach Completed Budget Adjustment! V20210527 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ MEETING OF OCTOBER 18, 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: September 30, 2022 SUBJECT: RZN-2022-0044: Rezone (170 E. MOUNTAIN ST./TWIN SUMMIT, 524): Submitted by TWIN SUMMIT, LLC for property located at 170 E. MOUNTAIN ST. in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property is located near downtown Fayetteville, just north of the Yvonne Richardson Community Center on the north side of Mountain Street. The property contains one parcel totaling 0.12 acres which is currently being developed with one duplex. No zoning overlays apply to this property and no environmentally sensitive areas are present on site. Request: The request is to rezone the property from RMF-24, Residential Multi-Family, 24 Units per Acre to DG, Downtown General. The applicant indicated in their request letter that rezoning to DG would allow them to subdivide the property and create two townhome lots. Public Comment: Staff received no public comment on this item. Land Use Compatibility: Staff finds the proposed zoning to be generally compatible with surrounding land uses. The purpose of the RMF-24 zoning district is to encourage the development of a variety of dwelling types and densities, while the purpose of the DG zoning district is to allow a dynamic range of uses, from public open spaces to low-intensity residences and businesses. In terms of bulk and area regulations for two-family dwellings, the RMF-24 zoning district requires a minimum lot area of 4,000 square feet and a minimum lot width of 35 feet. The DG zoning district has no lot area minimum though it requires a minimum lot width of 18 feet. The setback requirements for two-family dwellings are similar in both RMF-24 and DG zoning, though a rezoning from RMF-24 to DG would reduce side setbacks on the subject property from five feet to zero feet. However, it should be noted that Section 164.11 of the Unified Development Code would also allow side setbacks to be reduced under the current RMF-24 zoning to permit the 2 creation of individual townhome lots. In terms of land uses, those permitted under the current RMF-24 zoning are residential in nature. DG would permit a variety of nonresidential uses, including professional offices, restaurants, and cultural and recreational facilities. Considering the proximity of the site to downtown Fayetteville and various commercial and institutional uses, staff finds a rezoning the subject property to DG to be appropriate. Land Use Plan Analysis: Staff finds the proposed zoning to be largely consistent with the City’s future land use plans and policies. The City Plan 2040 Future Land Use Map designates the property within the proposed rezone as Residential Neighborhood area. Those areas are intended to support a wide variety of housing types while incorporating low-intensity nonresidential uses designed to serve the surrounding neighborhood. A rezoning to DG may be consistent with the property’s designation as a Residential Neighborhood, since it would allow for a variety of residential and low-density nonresidential uses and may support Goals 1 and 6 of City Plan 2040 by removing residential density limitations and allowing for future infill. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 8 for this site. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (8” main, East Mountain Street) • Near Water Main (6” main, East Mountain Street) • Near Grocery Store (Ozark Natural Foods) • Near Public School (Washington Elementary) • Near City Park (Yvonne Richardson Community Center) • Near Paved Trail (Willow Avenue) • Sufficient Intersection Density (Greater than 140 intersections/square mile) DISCUSSION: At the September 26, 2022 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Brink made the motion and Commissioner Canada seconded. Commissioners offered little comment, finding the request to be consistent with the City’s land use plans and policies. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: • Exhibit A • Exhibit B • Planning Commission Staff Report R-O RMF-24 DC DG P-1 RI-U Proposed DG CENTER ST C O L LEGE AVE COUNTY AV E MEADOW ST M OUNTAIN ST MEADOW ST CENTER ST ROCK STROCK ST MI L L A V E CENTER ST MOUNTAIN ST ALLEY 35 MEADOW ST WI L L O W A V E ALLEY 267 AL L E Y 1 1 9 WA S H I N G T O N A V E WA S H I N G T O N A V E COLLEGE AVE ROCK ST MI L L A V E A R C HIBALD Y E L L BLVD Urban Center Unclassified Alley Residential Link Hillside-Hilltop Overlay District Design Overlay District Planning Area Fayetteville City Limits Close Up View RZN-2022-0044 170 E. MOUNTAIN ST. N 0 150 300 450 60075 Feet Subject Property Zoning Acres DG 0.1 Total 0.11:2,400 RZN-2022-0044 Exhibit 'A' RZN-2022-0044 EXHIBIT ‘B’ REZONE DESCRIPTION: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH RANGE 30 WEST, WASHINGTON COUNT, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87°17’15”E 488.50’ AND S02°36’03”W 1 16.32’ FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S87 °25’07”E 55.04’, THENCE S02°34’53”W 98.30’ TO THE NORTH RIGHT-OF-WAY OF EAST MOUNTAIN STREET, THENCE ALONG SAID RIGHT-OF-WAY N87°18’32”W 55.07’ TO AN EXISTING REBAR, THENCE LEAVING SAID RIGHT-OF-WAY N02°36’03”E 98.20’ TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES, MORE OR LESS. TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: September 26, 2022 SUBJECT: RZN-2022-0044: Rezone (170 E. MOUNTAIN ST./TWIN SUMMIT, 524): Submitted by TWIN SUMMIT, LLC for property located at 170 E. MOUNTAIN ST. The property is zoned RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE and contains approximately 0.14 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends forwarding RZN-2022-0044 to City Council with a recommendation of approval based on the findings herein. RECOMMENDED MOTION: “I move to forward RZN-2022-0044 to City Council with a recommendation for approval.” BACKGROUND: The subject property is located near downtown Fayetteville, just north of the Yvonne Richardson Community Center on the north side of Mountain Street. The property contains one parcel totaling 0.14 acres which is currently being developed with one duplex. No zoning overlays apply to this property and no environmentally sensitive areas are present on site. Surrounding land use and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Two-Family Residential RMF-24, Residential Multi-Family, 24 Units per Acre South Yvonne Richardson Community Center RMF-24, Residential Multi-Family, 24 Units per Acre East Single-Family Residential RMF-24, Residential Multi-Family, 24 Units per Acre West Single-Family Residential RMF-24, Residential Multi-Family, 24 Units per Acre Request: The request is to rezone the property from RMF-24, Residential Multi-Family, 24 Units per Acre to DG, Downtown General. The applicant indicated in their request letter that rezoning to DG would allow them to subdivide the property and create two townhome lots. Public Comment: Staff received no public comment on this item. (Updated with results from PC hearing) INFRASTRUCTURE: Streets: The subject property has frontage along East Mountain Street, a partially-improved Residential Link street with asphalt paving, curb, and gutter. Sidewalk installation is planned as part of an ongoing residential development on the property. Water: Public water is available to the subject property. An existing six-inch water main is present on the south side of East Mountain Street. Sewer: Sanitary sewer is available to the subject property. An existing eight-inch sewer main is present on the north side of East Mountain Street. Drainage: No portion of the subject property lies within the Hillside-Hilltop Overlay District or a streamside protection zone, and no FEMA-designated floodplains or hydric soils are present. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.50 miles from the fire station with an anticipated drive time of approximately three minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus one 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 six minutes for an engine and eight minutes for a ladder truck. Police: The Police Department did not comment on this request. Tree Preservation: The requested zoning district, DG, Downtown General, requires 10% minimum canopy preservation. The current zoning district, RMF-24, Residential Multi- Family, 24 Units per Acre, requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood. 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, multi- family, 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 nonresidential 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 8 for this site with a weighted score of 10.5. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (8” main, East Mountain Street) • Near Water Main (6” main, East Mountain Street) • Near Grocery Store (Ozark Natural Foods) • Near Public School (Washington Elementary) • Near City Park (Yvonne Richardson Community Center) • Near Paved Trail (Willow Avenue) • Sufficient Intersection Density (Greater than 140 intersections/square mile) FINDINGS OF THE STAFF: 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed zoning to be generally compatible with surrounding land uses. The purpose of the current zoning district, RMF-24, is to permit and encourage the development of a variety of dwelling types and densities in suitable environments. The intent of the proposed zoning district, DG, is to allow a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. Taking into consideration the planned use of the property as a two-family dwelling, the RMF-24 zoning district requires a minimum lot area of 4,000 square feet and a minimum lot width of 35 feet. By comparison, the DG zoning district has no lot area minimum and requires a lot width of at least 18 feet. The setback regulations for two-family dwellings are similar in both zoning districts, though a rezoning from RMF-24 to DG would reduce the side setback from five feet to zero feet. A rezoning from RMF-24 to DG would also allow a variety of nonresidential uses by right, including professional offices, restaurants, and cultural and recreational facilities. Considering the proximity of the site to downtown Fayetteville and various commercial and institutional uses, staff finds a rezoning to DG to be appropriate in this instance. Land Use Plan Analysis: Staff finds the proposed zoning to be largely consistent with the City’s future land use plans and policies. The City Plan 2040 Future Land Use Map designates the property within the proposed rezone as Residential Neighborhood area. Those areas are intended to support a wide variety of housing types while incorporating low-intensity nonresidential uses intended to serve the surrounding neighborhood. A rezoning to DG may be consistent with the property’s designation as a Residential Neighborhood, since it would allow for a variety of residential and low-density nonresidential uses and may support Goals 1 and 6 of City Plan 2040 by removing density limitations and allowing for increased residential infill. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that a rezoning to DG is needed at this time in order to have the lot area, lot width, and setbacks necessary to subdivide the property as desired by the applicant. While a less permissive zoning designation such as RI-U would also allow the applicant to subdivide their property, staff is supportive of the applicant’s stated request to rezone to DG. Staff also finds that a rezoning to DG is justified by the property’s City Plan 2040 Future Land Use Map designation as Residential Neighborhood area, since it would support a wide variety of housing types while allowing for low-intensity nonresidential uses near commercial and recreational centers. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: While the current zoning of RMF-24 and the proposed zoning of DG allow similar residential uses, DG permits development at an unlimited density. Though the proposed zoning has the potential to increase the number of residential units beyond what is permitted under the current zoning, staff finds that a rezoning is not likely to result in increased traffic danger or congestion. The subject property has access to a partially improved Residential Link, Mountain Street, and any future development would be subject to the City’s access management and parking standards. 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: A rezoning from RMF-24 to DG has the potential to lead to an increase in population density and, consequently, an increase in the load on public services. Given the size of the property and its proximity to existing water and sewer infrastructure, staff does not find that the requested rezoning would undesirably increase the load on public services. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2022-0044 to City Council with a recommendation of approval. ________________________________________________________________________ PLANNING COMMISSION ACTION: Required YES Date: September 26, 2022 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: x with a recommendation of approvalBrink Canada 7-0-17-0-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.16 – District RMF-24, Residential Multi-Family – Twenty-Four (24) Units Per Acre o §161.28 – Downtown General • Request Letter • One Mile Map • Close-Up Map • Current Land Use Map • Future Land Use Map 161.16 District RMF-24, Residential Multi-Family - Twenty-Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi-family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two-family 35 feet Three or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two (2) family 4,000 square feet Three (3) or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10 —20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the po rtion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to t he difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. 161.28 - Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods 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 Unit 46 Short-term rentals 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 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build-to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories Request Letter/Compatibility Statement Greetings, I would like to rezone my property at 170 E Mountain St., parcel 765-12772-001, from RMF-24 to Downtown General (DG). This property is very close to other DG zonings, and I can’t see a reason why it would adversely impact the area or conflict with any surrounding land uses. Rezoning to DG will allow this parcel to be split into two separate lots which fosters decent affordable housing and individual home ownership. Thank you, Bill Fugitt DG R-A P-1 RMF-24 R-O I-1 RMF-40 RSF-8 MSC DC RPZD C-2 NC CS RSF-4 RMF-6 H U N T S V I L L E R D MARTIN LUTHERKINGJRBLVD HUNTSVILLE RD DICKSON ST SCHOOL AVE ROCK ST A R CHIB A L D YEL L B L V D CO L L E G E A V E MI S SION B LVD MI L L AV E LAFAYETTE ST Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Residential Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area Zoning RESIDENTIAL SINGLE-FAMILY NS-G RI-U RI-12 NS-L Residential-Agricultural RSF-.5 RSF-1 RSF-2 RSF-4 RSF-7 RSF-8 RSF-18 RESIDENTIAL MULTI-FAMILY RMF-6 RMF-12 RMF-18 RMF-24 RMF-40 INDUSTRIAL I-1 Heavy Commercial and Light Industrial I-2 General Industrial EXTRACTION E-1 COMMERCIAL Residential-Office C-1 C-2 C-3 FORM BASED DISTRICTS Downtown Core Urban Thoroughfare Main Street Center Downtown General Community Services Neighborhood Services Neighborhood Conservation PLANNED ZONING DISTRICTS Commercial, Industrial, Residential INSTITUTIONAL P-1 One Mile View RZN-2022-0044 170 E. MOUNTAIN ST.N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property R-O RMF-24 DC DG P-1 RI-U Proposed DG CENTER ST C O L LEGE AVE COUNTY AV E MEADOW ST M OUNTAIN ST MEADOW ST CENTER ST ROCK STROCK ST MI L L A V E CENTER ST MOUNTAIN ST ALLEY 35 MEADOW ST WI L L O W A V E ALLEY 267 AL L E Y 1 1 9 WA S H I N G T O N A V E WA S H I N G T O N A V E COLLEGE AVE ROCK ST MI L L A V E A R C HIBALD Y E L L BLVD Urban Center Unclassified Alley Residential Link Hillside-Hilltop Overlay District Design Overlay District Planning Area Fayetteville City Limits Close Up View RZN-2022-0044 170 E. MOUNTAIN ST. N 0 150 300 450 60075 Feet Subject Property Zoning Acres DG 0.1 Total 0.11:2,400 CO L L E G E A V E CENTER ST SPRING ST COLLEGE AVE H U N T S V I L L E R D ROCK ST MI L L A V E A R C H I B A L D Y E L L B L V D Urban Center Unclassified Alley Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Design Overlay District Current Land Use RZN-2022-0044 170 E. MOUNTAIN ST. 0 225 450 675 900112.5 Feet Subject Property Multi-Family Residential Community Center Commercial Single-Family Residential 1:3,600 City Neighborhood Civic and Private Open Space Non-Municipal Government Residential Neighborhood Urban Center CO L L E G E A V E SPRING ST C ENTER ST BLOCK AV E OL I V E A V E DICKSON ST BLOCK AVE COUNTY AVE MOUNTAIN ST MEADOW ST SOUTH S T CENTER ST B A R T O N A V E EA S T A V E ROCK ST SOUTH ST OL I V E A V E MI L L A V E WA L N U T A V E MEADOW ST ALLEY 172 CONNER ST A L L E Y 39 9 AL LEY 155 ROCK ST 4TH ST WI L L O W A V E MOUNTAIN ST MEADOW ST ALLEY 35 AL L E Y 3 6 EA S T A V E AL L E Y 5 0 WA S H I N G T O N AV E CO M B S AV E WA S H I N G T O N AV E AL L E Y 1 1 9 ALLEY 267 AL L E Y 2 1 WALKER R D CO L L E G E A V E H U N T S VIL L E R D ROCK ST A R C H I B A L D Y E L L B L V D MI L L A V E Urban Center Unclassified Alley Residential Link Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2022-0044 170 E. MOUNTAIN ST. 0 290 580 870 1,160145 Feet Subject Property 1:4,800 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0938 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Council Meeting Agenda Number: C.6 VAC 22-022 (3615 N STEELE BLVD/JJ'S LIVE): AN ORDINANCE TO APPROVE VAC 22-022 FOR PROPERTY LOCATED AT 3615 NORTH STEELE BOULEVARD IN WARD 3 TO VACATE A PORTION OF A UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of a utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of a utility 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. Any damage to or relocation of any existing facilities will be at the applicant's expense. 2. Applicant agrees that in the event that, at any time in the future a Utility Company needs to do work in the area of the Utility Easement being vacated and if the canopy posts (located along the building setback line approximately 5 feet south of the Utility Easement line) would interfere with the performance of the work, applicant will temporarily remove the canopy posts at the Applicant’s expense to allow the work to be performed without interference. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 9/30/2022 Submitted Date No -$ -$ Must Attach Completed Budget Adjustment! V20210527 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2022-0938 Legistar File ID 10/18/2022 City Council Meeting Date - Agenda Item Only VAC-2022-0022: Vacation (3615 N STEELE BLVD/JJ'S LIVE, 441): Submitted by JET ENTERPRISES for property located at 3615 N STEELE BLVD. in WARD 3. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.2 acres. The request is to vacate approximately 0.01 acres of a utility easement. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: MEETING OF OCTOBER 18, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: September 30, 2022 SUBJECT: VAC-2022-0022: Vacation (3615 N STEELE BLVD/JJ'S LIVE, 441): Submitted by JET ENTERPRISES for property located at 3615 N STEELE BLVD. in WARD 3. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.2 acres. The request is to vacate approximately 0.01 acres of a utility easement. RECOMMENDATION: Staff recommends approval of VAC-2022-0022 as shown in the attached Exhibits 'A' and 'B', and with the following condition of approval: 1. Any damage or relocation of any existing facilities will be at the applicant's expense. 2. Applicant agrees that in the event that at any time in the future, the Utility Company (AEP/SWEPCO) needs to do work in the area of the Utility Easement being vacated a nd if the canopy posts (located along the building setback line approximately 5 feet south of the Utility Easement line) would interfere with the performance of the work, applicant will temporarily remove the canopy posts at the Applicant’s expense to allow the work to be performed without interference. BACKGROUND: The subject property is located at the southwest corner of Steele Boulevard and Van Asche Drive and is a part of Lot 6 of the CMN Subdivision. The property is the site of JJ’S Live, a restaurant and outdoor music venue that operates under a conditional use permit. Zoning on the property is currently C-1, Neighborhood Commercial, but is restricted by a bill of assurance that permits offices, eating places, and medium-scale retail. The facility recently enclosed much of the performance space, though still maintains the ability to operate as an outdoor music venue through the approved Conditional Use Permit. As a part of that enclosure, the applicant is proposing a loading dock on the north side of the building. Request: The applicant proposes to vacate a portion of an existing general utility easement as indicated in the attached exhibits and totaling approximately 0.01 acres. The applicant is in the process of constructing a loading dock and a canopy structure with columns that overlap with the existing easement that was originally platted with the CMN Business Park. DISCUSSION: The applicant submitted the required approvals with no objections, though with the added conditions from franchise utility providers as listed above. 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 C-2 C-1 RSF-4 C-3 VAN ASCHE DR ST E E L E B L V D TAFT C T S A NDPIPER DR HI K E R W A Y PALMETTO DR NO R T H W O O D A V E TA F T C T DUNBAR LN V A N A S C HELOOP IN V E S T M E N T D R VAN ASCHE DR ST E E L E B L V D VAN ASCHE DR Neighborhood Link Regional Link - High Activity Unclassified Residential Link Planning Area Fayetteville City Limits Design Overlay District RSF-4 C-1 C-2 C-3 Close Up View VAC-2022-0022 3615 N STEELE BLVD N 0 150 300 450 60075 Feet Subject Property 1:2,400 EXHIBIT 'A' VAC-2022-0022 Legal Description of Utility Easement to be Vacated on JJ’s Live Property at 3615 N. Steele Blvd. Physical Address: 3615 N STEELE BLVD Subdivision: CMN BUSINESS PARK II PHASE I Block/Lot: N/A / PT6 S-T-R: 26-17-30 Size (Acres): 0.01 Acres LEGAL DESCRIPTION OF UTILITY EASEMENT TO BE VACATED A PORTION OF AN EXISTING 20-FOOT-WIDE UTILITY EASEMENT FILED IN BOOK 17 AT PAGE 47 TO BE VACATED BEING LOCATED IN A PART OF LOT 6A OF A SPLIT OF LOT 6 OF THE CMN BUSINESS PARK II, PHASE I ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S86°54'58"E 206.69' AND S02°28'45"W 15.00' FROM AN EXISTING REBAR ON THE SOUTH RIGHT-OF-WAY OF VAN ASCHE MARKING THE NORTHWEST CORNER OF SAID LOT 6A AND RUNNING THENCE S86°54'58"E 125.00', THENCE S02°28'45"W 5.00', THENCE N86°54'58"W 125.00', THENCE N02°28'45"E 5.00' TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES, MORE OR LESS. The area to be vacated West Van Asche Drive EXHIBIT 'B' VAC-2022-0022 JET Enterprises, LLC JETTY Entertainment, LLC JBGB of Fayetteville, LLC 3615 N. Steele Blvd., Fayetteville, AR 72703 Phone 479.582-2500 Fax 479.582-2507 September 1, 2002 TO: The Fayetteville City Planning Commission We, the undersigned, being the owner of the real estate abutting the easement hereinafter sought to be abandoned and vacated lying at 3615 N STEELE BLVD, Fayetteville, Arkansas 72703, Subdivision: CMN BUSINESS PARK II PHASE I Block/Lot N/A / PT6 petition to vacate an easement supported by the following attached documentation: 1) Consent of Owner Form 2) Copies of Utility Approval Forms for Utility Easement Vacation from the following six entities: - AT&T - Cox Communications - AEP/SWEPCO - Black Hills Corp. - Orzarks Electric - City of Fayetteville Water & Sewer Department 3) Copies of the following documents which were provided to each of the above six entities: - Letter provided to each Utility Company requesting Easement Vacation - Legal Description of Property - Site Plan Showing Easement Vacation Area - Photograph illustrating Easement Vacation Area Please advise if you have any questions or require additional information. Very truly yours, Jody Thornton JBGB of Fayetteville, LLC MAG-JBGB Investment Partners, LLC PETITION PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN a part of Lot 6A of the split of Lot 6 of the CMN Business Park II, Phase 1 addition to the 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 submitting the easement hereafter sought to be abandoned and vacated, lying in a part of Lot 6A of the split of Lot 6 of the CMN Business Park II, Phase 1 addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A 125-foot long 5-foot wide portion of the 20-foot Utility Easement along the North side of the property as illustrated on the uploaded site plan drawing which accompanies this petition and this Legal Description. LEGAL DESCRIPTION OF UTILITY EASEMENT TO BE VACATED A PORTION OF AN EXISTING 20-FOOT-WIDE UTILITY EASEMENT FILED IN BOOK 17 AT PAGE 47 TO BE VACATED BEING LOCATED IN A PART OF LOT 6A OF A SPLIT OF LOT 6 OF THE CMN BUSINESS PARK II, PHASE I ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S86°54'58"E 206.69' AND S02°28'45"W 15.00' FROM AN EXISTING REBAR ON THE SOUTH RIGHT-OF-WAY OF VAN ASCHE MARKING THE NORTHWEST CORNER OF SAID LOT 6A AND RUNNING THENCE S86°54'58"E 125.00', THENCE S02°28'45"W 5.00', THENCE N86°54'58"W 125.00', THENCE N02°28'45"E 5.00' TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES, MORE OR LESS. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas vacate the above described easement. Dated this 2nd day of September 2022. Jody Thornton JBGB of Fayetteville, LLC MAG-JBGB Investment Partners, LLC 8' - 0" T A L L CH A I N L I N K FE N C E 15 ' B. S . B . 20 ' U. E . EX I S T I N G RU S T Y TI N ST R U C T U R E TO RE M A I N S3 LO A D I N G DO C K PL A T F O R M SI T E P L A N - NO R T H S E T B A C K & E A S E M E N T S 3/ 6 4 " = 1 ' -0" JB G B EX P A N S I O N 06 . 2 4 . 2 2 WES T VA N AS C H E DR IV E ( AS P H A L T WI D T H V A RI E S - RE G IO N A L H I G H-AC T I V I T Y L I N K ) 96 ' M.S . P . R/ W - 11 0 ' EX IS T I N G R / W 1 © 2022 CORE ARCHITECTS, INC. ALL RIGHTS RESERVED T 9' - 0" 4' - 3" Ea s e m e n t V a c a t i o n R e q u e s t e d 12 5 ft . lon g x 5 f t . w i d e 15 ’ B. S . B . 20 ’ U. E . Lo a d i n g D o c k W o o d e n P l a t f o r m JJ ’ s L i v e B u i l d i n g P. O . B . Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0963 Agenda Date: 10/18/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Council Meeting Agenda Number: 1. AMEND ORDINANCE 6010 FOR VIP CLUB: AN ORDINANCE TO AMEND ORDINANCE 6010 AND CHANGE THE APPROVED CLOSING TIME FOR VIP CLUB FROM 1:30 A.M. TO 2:00 A.M. WHEREAS, on November 17, 2017, the City Council passed Ordinance 6010 approving the application of Sami Ammar Haddaji, on behalf of VIP Club, for a permit to operate as a private club in the City of Fayetteville at 326 North West Avenue #6; and WHEREAS, the City Council incorporated into Ordinance 6010 Mr. Haddaji’s voluntary offer to close VIP Club no later than 1:30 a.m.; and WHEREAS, the City Council has determined that the VIP Club should be permitted to operate until 2:00 a.m. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance 6010 and changes the approved closing time for the VIP Club, which operates as a private club in the City of Fayetteville at 326 North West Avenue #6, from 1:30 a.m. to 2:00 a.m. Page 1 City of Fayetteville, Arkansas Printed on 10/12/2022 Legistar ID No.: 2022-0963 AGENDA REQUEST FORM FOR: Council Meeting of November 1, 2022 FROM: Council Member Mike Wiederkehr ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND ORDINANCE 6010 AND CHANGE THE APPROVED CLOSING TIME FOR VIP CLUB FROM 1:30 A.M. TO 2:00 A.M. APPROVED FOR AGENDA: ____________________________________ _______________ City Council Member Date Mike Wiederkehr ____________________________________ _______________ Asst. City Attorney Blake Pennington Date Approved as to form Approved by email 10/3/22 10/3/22 ORDINANCE NO. ____________ AN ORDINANCE TO AMEND ORDINANCE 6010 AND CHANGE THE APPROVED CLOSING TIME FOR VIP CLUB FROM 1:30 A.M. TO 2:00 A.M. WHEREAS, on November 17, 2017, the City Council passed Ordinance 6010 approving the application of Sami Ammar Haddaji, on behalf of VIP Club, for a permit to operate as a private club in the City of Fayetteville at 326 North West Avenue #6; and WHEREAS, the City Council incorporated into Ordinance 6010 Mr. Haddaji’s voluntary offer to close VIP Club no later than 1:30 a.m.; and WHEREAS, the City Council has determined that the VIP Club should be permitted to operate until 2:00 a.m. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance 6010 and changes the approved closing time for the VIP Club, which operates as a private club in the City of Fayetteville at 326 North West Avenue #6, from 1:30 a.m. to 2:00 a.m. PASSED and APPROVED this 1st day of November, 2022. APPROVED: ATTEST: By: ___________________________ By: __________________________ LIONELD JORDAN, Mayor KARA PAXTON, City Clerk Treasurer 1 Pennington, Blake From:Wiederkehr, Mike Sent:Monday, October 3, 2022 12:04 PM To:Williams, Kit Cc:Pennington, Blake; Mulford, Patti Subject:Re: Closing Time for VIP Club Hi Kit, Well then, with your guidance, can you please prepare an appropriate amendment to the ordinance regarding the VIP Club’s closing time, so that I may bring it forward for the Council’s consideration as a normally agendized item. With appreciation, Mike Get Outlook for iOS From: Williams, Kit <kwilliams@fayetteville‐ar.gov> Sent: Monday, October 3, 2022 11:42:15 AM To: Wiederkehr, Mike <mike.wiederkehr@fayetteville‐ar.gov> Cc: Pennington, Blake <bpennington@fayetteville‐ar.gov>; Mulford, Patti <pmulford@fayetteville‐ar.gov> Subject: RE: Closing Time for VIP Club Mike, You are empowered to bring forward an amendment to the current ordinance establishing the 1:30 AM closing time. I do not know if the Mayor will bring this forward at this time himself. Kit From: Wiederkehr, Mike Sent: Saturday, October 01, 2022 4:38 PM To: Jordan, Lioneld <ljordan@fayetteville‐ar.gov> Cc: Norton, Susan <snorton@fayetteville‐ar.gov>; Kinion, Mark <mark.kinion@fayetteville‐ar.gov>; French, Jason <jfrench@fayetteville‐ar.gov>; Fields, Jamie <jfields@fayetteville‐ar.gov>; Robert K. Rhoads <rrhoads@hallestill.com>; Williams, Kit <kwilliams@fayetteville‐ar.gov> Subject: Closing Time for VIP Club Dear Mayor Jordan, I am requesting that you agendize Council consideration and modification of the current 1:30 am closing time for the VIP Club which is owned by Mr. Sami Haddaji, to become a 2:00 am closing time. The current closing time was proposed with the logic/goal of staggering the time frames under which patrons leave our entertainment district and head to their vehicles. In theory, this is an appropriate policy. In effect, we do not have a sufficient number of establishments with a 1:30 am closing time to create the desired staggered “herd exodus effect”. In essence, the patrons from Mr. Haddaji’s establishment simply exit and enter a neighboring establishment which is open until 2:00 am. I want to be clear that in speaking with Chief Reynolds, he fully supports the goal of staggering closing times for several appropriate reasons, and I have supported his preference. In all likelihood, 2 he would not embrace what I am proposing. However, in equal fairness to Mr. Haddaji, I must reconsider. The newly opened Tin Roof establishment was granted a 2:00 am closing time. As long as all future establishments in our entertainment district received a 1:30 am closing time, I was willing to support our staggered closing model. At this time, however, I am compelled to see if my fellow Council Members are as concerned about perceptions of fairness as I am. A letter from Mr. Haddaji’s representative, Robert K. Rhoads, is attached for background. Sincerely, Mike Wiederkehr 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 Ordinance: 6010 File Number: 2017-0616 VIP CLUB: AN ORDINANCE TO APPROVE THE APPLICATION OF SAMI AMMAR HADDAJI, ON BEHALF OF VIP CLUB, FOR A PERMIT TO OPERATE AS A PRIVATE CLUB IN THE CITY OF FAYETTEVILLE AT 326 NORTH WEST AVENUE #6 WHEREAS, Act 1112 of 2017, which amended the permitting procedure set forth in Ark. Code Ann. § 3- 9-222 for private clubs in the State of Arkansas, requires the City Council to approve "by ordinance an application for a permit to operate as a private club" before the applicant can submit the application to the state Alcoholic Beverage Control Division; and WHEREAS, the applicant has voluntarily offered to close his VIP Club no later than 1:30 a.m. to help avoid congestion caused by next door bars all closing at 2:00 a.m. with patrons overflowing the narrow sidewalk near his location; and WHEREAS, the applicant has also volunteered to ensure that all of his employees will promptly attend and complete the Fayetteville Police Department's free Fraudulent/Underage ID class. 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 approves the application of Sami Ammar Haddaji, on behalf of VIP Club, a copy of which is attached to the agenda request form, for a permit to operate as a private club in the City of Fayetteville at 326 North West Avenue #6 under the conditions set forth in Section 2. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby accepts Sami Ammar Haddaji's voluntary offers to close his VIP club every day by 1:30 a.m. and to require his employees to promptly take and complete the Fayetteville Police Department's free Fraudulent/Underage ID class as conditions for the City Council's approval of Mr. Haddaji's application. Page 1 Printed on 5/14/18 Ordinance: 6010 File Number 2017-0616 PASSED and APPROVED on 11/21/2017 Attest: Lnd/16L- & Sondra E. Smith, City Clerk Treasurer p ° p • r - FAYEfiTEVILLEp,, Page 2 Printed on 5114118