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2022-11-01 - Agendas - Archive
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting November 1, 2022 A meeting of the Fayetteville City Council was held on November 01, 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: City Council Meeting Presentations, Reports, and Discussion Items: NONE Agenda Additions: NONE Monthly Financial Report: A. Consent: 1. 2021-1061 Approval of the October 4, 2022 City Council Meeting Minutes and the October 18, 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. 2022-0916 Samsara, Inc.: A resolution to approve a Master License, Service Agreement, and Quote from Samsara, Inc. for the purchase of vehicle monitoring equipment and services pursuant to a Sourcewell Cooperative Purchasing Contract on an as needed basis. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 249-22. 3. 2022-0934 Police Department Ammunition State Contract: A resolution to approve the purchase of ammunition as needed by the Fayetteville Police Department from various manufacturers, pursuant to the State of Arkansas ammunition contract, for an initial term through January 23, 2023 and as renewed by the State each year through January 23, 2029. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 250-22. 4. 2022-0974 Hazmat Revenue from Washington County: A resolution to approve a budget adjustment in the amount of $4,169.00 recognizing hazmat services revenue received from Washington County and increasing the related expense budget. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 251-22. 5. 2022-0965 Big Bear Shredding: A resolution to authorize the destruction of certain records shown on the attached affidavit pursuant to relevant sections of the Arkansas Code related to maintenance and destruction of accounting and other city records. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 252-22. 6. 2022-0935 TSW, Inc., Walker Park Master Plan: A resolution to authorize a contract with TSW, Inc., pursuant to RFQ 22-01, Selection 10, in the amount of $94,500.00, to provide master plan design services for Walker Community Park, to approve a project contingency in the amount of $5,000.00, and to approve a budget adjustment - Park Improvement Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 253-22. 7. 2022-0968 Rodney Ryan Park Sidewalk: A resolution to approve a budget adjustment in the total amount of $16,615.00 recognizing park land dedication fees from the Southwest Park Quadrant to be used for improvements to Rodney Ryan Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 254-22. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 8. 2022-0972 Graybar Electric Company, Inc.: A resolution to approve the purchase of electrical conduit, wire and fittings from Graybar Electric Company, Inc. in the amount of $42,911.15 plus applicable taxes and freight charges, pursuant to an OMNIA Partners Cooperative Purchasing Contract. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 255-22. 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 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. At the October 18, 2022 City Council Meeting, this ordinance was left on the Second Reading. THIS RESOLUTION WAS TABLED TO THE DECEMBER 6, 2022 CITY COUNCIL MEETING. 2. 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. At the October 18, 2022 City Council Meeting, this resolution was tabled to the November 1, 2022 City Council Meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 256-22. 3. 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. At the October 18, 2022 City Council Meeting, this ordinance was left on the First Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6623. C. New Business: 1. 2022-1000 Subrecipient Agreement WCRC Dead Horse Mountain Rd. Land Purchase: A resolution to authorize Mayor Jordan to sign a Subrecipient Agreement with the Watershed Conservation Resource Center for the purchase of about 223 acres of land near Dead Horse Mountain Road 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov utilizing American Rescue Plan Act funds in the amount of $1,445,400.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 257-22. 2. 2022-0976 Amend §162.01 (Z) Unit 25 Offices, Studios and Related Services: An ordinance to amend §162.01 (Z) Offices, Studios, and Related Services of the Fayetteville Unified Development Code to add Personal Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6624. Announcements: NONE City Council Agenda Session Presentations: Agenda Session Presentation - Sales Tax Report, Paul Becker and Energy Report, Peter Nierengarten. Agenda Session Presentation - Annual Energy Action Plan Update - Peter Nierengarten. City Council Tour: NONE Adjournment: 10:55 PM Tuesday, November 1, 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 November 1, 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 City Council Meeting Presentations, Reports and Discussion Items 1.2021-1091 MONTHLY FINANCIAL REPORT Proposed Agenda Additions A. Consent A.1 2021-1061 APPROVAL OF THE OCTOBER 4, 2022 CITY COUNCIL MEETING MINUTES AND THE OCTOBER 18, 2022 CITY COUNCIL MEETING MINUTES A.2 2022-0916 SAMSARA, INC.: A RESOLUTION TO APPROVE A MASTER LICENSE, SERVICE AGREEMENT, AND QUOTE FROM SAMSARA, INC. FOR THE PURCHASE OF VEHICLE MONITORING EQUIPMENT AND SERVICES PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT ON AN AS NEEDED BASIS Page 2 City of Fayetteville, Arkansas Printed on 10/27/2022 November 1, 2022City Council Meeting Final Agenda A.3 2022-0934 POLICE DEPARTMENT AMMUNITION STATE CONTRACT: A RESOLUTION TO APPROVE THE PURCHASE OF AMMUNITION AS NEEDED BY THE FAYETTEVILLE POLICE DEPARTMENT FROM VARIOUS MANUFACTURERS, PURSUANT TO THE STATE OF ARKANSAS AMMUNITION CONTRACT, FOR AN INITIAL TERM THROUGH JANUARY 23, 2023 AND AS RENEWED BY THE STATE EACH YEAR THROUGH JANUARY 23, 2029 A.4 2022-0974 HAZMAT REVENUE FROM WASHINGTON COUNTY: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $4,169.00 RECOGNIZING HAZMAT SERVICES REVENUE RECEIVED FROM WASHINGTON COUNTY AND INCREASING THE RELATED EXPENSE BUDGET A.5 2022-0965 BIG BEAR SHREDDING: A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN RECORDS SHOWN ON THE ATTACHED AFFIDAVIT PURSUANT TO RELEVANT SECTIONS OF THE ARKANSAS CODE RELATED TO MAINTENANCE AND DESTRUCTION OF ACCOUNTING AND OTHER CITY RECORDS A.6 2022-0935 TSW, INC., WALKER PARK MASTER PLAN: A RESOLUTION TO AUTHORIZE A CONTRACT WITH TSW, INC., PURSUANT TO RFQ 22-01, SELECTION 10, IN THE AMOUNT OF $94,500.00, TO PROVIDE MASTER PLAN DESIGN SERVICES FOR WALKER COMMUNITY PARK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - PARK IMPROVEMENT BOND PROJECT Page 3 City of Fayetteville, Arkansas Printed on 10/27/2022 November 1, 2022City Council Meeting Final Agenda A.7 2022-0968 RODNEY RYAN PARK SIDEWALK: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $16,615.00 RECOGNIZING PARK LAND DEDICATION FEES FROM THE SOUTHWEST PARK QUADRANT TO BE USED FOR IMPROVEMENTS TO RODNEY RYAN PARK A.8 2022-0972 GRAYBAR ELECTRIC COMPANY, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF ELECTRICAL CONDUIT, WIRE AND FITTINGS FROM GRAYBAR ELECTRIC COMPANY, INC. IN THE AMOUNT OF $42,911.15 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT 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. At the October 18, 2022 City Council meeting, this ordinance was left on the second reading. Page 4 City of Fayetteville, Arkansas Printed on 10/27/2022 November 1, 2022City Council Meeting Final Agenda B.2 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 At the October 18, 2022 City Council meeting, this resolution was tabled to the November 1, 2022 City Council meeting. B.3 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 At the October 18, 2022 City Council meeting, this ordinance was left on the first reading. C. New Business C.1 2022-1000 SUBRECIPIENT AGREEMENT WCRC DEAD HORSE MOUNTAIN RD. LAND PURCHASE: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH THE WATERSHED CONSERVATION RESOURCE CENTER FOR THE PURCHASE OF ABOUT 223 ACRES OF LAND NEAR DEAD HORSE MOUNTAIN ROAD UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $1,445,400.00, AND TO APPROVE A BUDGET ADJUSTMENT Page 5 City of Fayetteville, Arkansas Printed on 10/27/2022 November 1, 2022City Council Meeting Final Agenda C.2 2022-0976 AMEND §162.01 (Z) UNIT 25 OFFICES, STUDIOS AND RELATED SERVICES: AN ORDINANCE TO AMEND §162.01 (Z) OFFICES, STUDIOS, AND RELATED SERVICES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ADD PERSONAL SERVICES D. City Council Agenda Session Presentations D.1 2021-1092 AGENDA SESSION PRESENTATION - SALES TAX REPORT, PAUL BECKER AND ENERGY REPORT, PETER NIERENGARTEN D.2 2022-0790 AGENDA SESSION PRESENTATION: ANNUAL ENERGY ACTION PLAN UPDATE - PETER NIERENGARTEN E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE Page 6 City of Fayetteville, Arkansas Printed on 10/27/2022 November 1, 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 7 City of Fayetteville, Arkansas Printed on 10/27/2022 November 1, 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 8 City of Fayetteville, Arkansas Printed on 10/27/2022 City Council Meeting Minutes October 4, 2022 Page 1 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting October 4, 2022 A meeting of the Fayetteville City Council was held on October 4, 2022 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Lioneld Jordan called the meeting to order. PRESENT: Council Member Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg, Sonia Harvey, D’Andre Jones, Mark Kinion, Mike Wiederkehr, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Staff, Press, and Audience. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave the monthly financial report that provided data from the month of August 2022. The General Fund was up 11% over the projected budget and has a balance of $4 million. Sales tax was up by 12%, franchise fees up by 9%, and building permits up 26%. Beverage taxes and licenses were up, and total service fees (Parks & Recreational Programs) was up. Court fees and fines along with the interest rate was down. Mr. Becker went on to provide data about the Street Fund which was up by 16%. Gasoline sales were up, the half percent sales tax was up, which Mr. Becker explained was inflationary driven. He moved on to provide data 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 October 4, 2022 Page 2 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov about the Parking Fund which was up by 19% from what Mr. Becker had anticipated based on last year’s data and explained that there will be several expenditures made in 2022 from the Capital Improvement Project Funds in order to replace current equipment like parking meters. Hotel, Motel, and Restaurant (HMR) taxes were up 17% over last year and 15% as compared to the projected budget. Recycling and Trash Funds were also up by 2%, water and sewer billings up 6% to 8%, total revenue for the Water and Sewer Funds was up by 6%. He finished his report by explaining the Airport was up 58% more than the projected budget due to fuel sales. Agenda Additions: None Consent: Approval of the September 6, 2022 City Council Meeting Minutes. Approved Food Recycling Solutions, LLC: A resolution to approve an agreement with Food Recycling Solutions, LLC for the hauling of organic compostables and recyclable material in the City of Fayetteville. Resolution 219-22 as recorded in the office of the City Clerk Hawkins-Weir Engineers, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. in an amount not to exceed $32,240.00 for construction management services related to Recycling and Trash Facility Improvements. Resolution 220-22 as recorded in the office of the City Clerk J.A. Riggs Tractor Company D/B/A Riggs Power Systems, Station W1: A resolution to authorize the purchase of a Caterpillar Generator from J.A. Riggs Tractor Company d/b/a Riggs Power Systems in the amount of $74,265.00 plus any applicable tax and freight charges, pursuant to a Sourcewell Cooperative purchasing contract, for use at the South Mountain Pump Station. Resolution 221-22 as recorded in the office of the City Clerk J.A. Riggs Tractor Company Dba Riggs Power Systems, Station W18: A resolution to authorize the purchase of a Caterpillar Generator from J.A. Riggs Tractor Company d/b/a Riggs Power Systems in the amount of $55,990.00 plus any applicable tax and freight charges, pursuant to a Sourcewell Cooperative purchasing contract, for use at the Gulley Road Water Pump Station. Resolution 222-22 as recorded in the office of the City Clerk City Council Meeting Minutes October 4, 2022 Page 3 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Alltel Corporation DBA Verizon Wireless Fifth Amendment: A resolution to approve the Fifth Amendment to the Water Tower Attachment Communications Site Agreement with Alltel Corporation d/b/a Verizon Wireless to allow Verizon to replace the cellular communications equipment on the older of the two Gulley Road Elevated Water Storage Tanks. Resolution 223-22 as recorded in the office of the City Clerk Crafton, Tull & Associates, Inc.: A resolution to approve a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 22-01 Selection #12, in an amount not to exceed $146,780.00 for design services associated with the Lake Fayetteville Ballfield Renovation Project, to approve a project contingency in the amount of $7,340.00, and to approve a budget adjustment - 2019 Park Improvement Bond Project. Resolution 224-22 as recorded in the office of the City Clerk Recognize Interest Revenue for Sales & Use Tax Capital Improvement and Refunding Bonds Series 2019: A resolution to approve a budget adjustment recognizing interest revenue generated from the Sales & Use Tax Capital Improvement and Refunding Bonds Series 2019. Resolution 225-22 as recorded in the office of the City Clerk Beaver Water District: A resolution to approve a budget adjustment in the amount of $800,000.00 for the purchased water account due to increased water usage. Resolution 226-22 as recorded in the office of the City Clerk Rightseat, LLC Agreement: A resolution to approve a thirty (30) year ground lease agreement with Rightseat, LLC for airport property located north of the Drake Field Terminal Building at 4200 South School Avenue for the construction of a 80’ x 70’ hangar, with an option to extend the ground lease for an additional ten (10) years. Resolution 227-22 as recorded in the office of the City Clerk Purchase Additional Loads of Fuel: A resolution to approve a budget adjustment in the amount of $579,000.00 for the purchase of additional loads of jet fuel and Avgas due to increasing fuel sales and rising fuel costs. Resolution 228-22 as recorded in the office of the City Clerk WT Equipment of Springdale: A resolution to approve the purchase of a Bobcat E42 Compact Excavator with attachments and trailer from WT Equipment of Springdale in the amount of $101,205.00, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell Cooperative purchasing contract, and to approve a budget adjustment. Resolution 229-22 as recorded in the office of the City Clerk City Council Meeting Minutes October 4, 2022 Page 4 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Bid #22-43 Legacy Construction Management, Inc.: A resolution to award Bid #22-43 and authorize a contract with Legacy Construction Management, Inc. In the amount of $279,684.69 for improvements to the recycling and trash collections transfer station floor, and to approve a project contingency in the amount of $50,000.00. Resolution 230-22 as recorded in the office of the City Clerk Carbon Reduction Program Federal-Aid Funds: a resolution to express the willingness of the City of Fayetteville to apply for and utilize carbon reduction program federal-aid funds in an amount of up to $500,000.00 for street lighting improvement projects. Resolution 231-22 as recorded in the office of the City Clerk Railroad Crossing Upgrade Cost And Maintenance Agreement: a resolution to waive competitive bidding and authorize a railroad crossing upgrade cost and maintenance agreement with the Arkansas and Missouri Railroad in the amount of $839,774.60 for modifications required for the Razorback Road and 15th Street intersection project, to approve a project contingency in the amount of $80,000.00, and to approve a budget adjustment - 2019 Street Improvement Bond Project. Resolution 232-22 as recorded in the office of the City Clerk U.S. Geological Survey Joint Funding Agreement: a resolution to approve a joint funding agreement with the U.S. geological survey for stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville in 2022 with the amount paid by the city not to exceed $61,582.00. Resolution 233-22 as recorded in the office of the City Clerk RFQ 22-01 Olsson, Inc.: a resolution to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ #22-01, in the amount of $89,900.00 to provide an assessment of lands with high ecological value and to develop an ecosystems services plan, and to approve a project contingency of $8,990.00. At the September 6, 2022 city council meeting, this resolution was pulled for further discussion and tabled to the October 4, 2022 city council meeting. Resolution 234-22 as recorded in the office of the City Clerk Railroad Crossing Improvements Application Grant: a resolution to authorize an application for a 80/20 matching grant in the amount of $312,000.00 for railroad crossing improvements through the railroad crossing elimination program. Resolution 235-22 as recorded in the office of the City Clerk Council Member Turk moved to accept the Consent Agenda as read. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Council Meeting Minutes October 4, 2022 Page 5 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Unfinished Business: Raze And Removal of Structure At 2860 E. Wyman Rd.: A resolution to order the Razing and Removal of a dilapidated and unsafe structure on property owned by Leroy H. Scharfenberg located at 2860 East Wyman Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $17,800.00. At the July 5, 2022 City Council meeting, this resolution was tabled to the August 2, 2022 City Council Meeting. At the August 2, 2022 City Council meeting, this resolution was tabled to the October 4, 2022 City Council meeting. Billy Bryant, Senior Code Compliance Officer provided an update to the City Council by displaying pictures of the dilapidated house from the morning of October 4th, 2022 and compared the pictures taken from last year. Mya Scharfenberg applied and received a demolition permit on August 15th, 2022 and while some progress has been made most of the structure is still standing. Mya Scharfenberg, daughter of homeowner, also provided an update regarding the demolition of the structures on the property. She has cleaned out the house, demolished the back portion of the house along with filling two 20 ft. dumpsters with trash and debris. A Go Fund Me account has been created and the money has been used to pay for tools and s afety equipment. Ms. Scharfenberg asked the City Council to provide her with 120 days in order to finish and explained she needed 60 days to finish the house, 30 to demolish the other two structures, and 30 days to finish the cleanup. Depending on the holidays and potential weather, Ms. Sharfenberg said she would continue to work toward cleaning the property. Council Member Scroggin asked Ms. Scharfenberg what she plans on doing with the demolished materials. He mentioned that she might be able to donate it to Habitat for Humanity. Ms. Scharfenberg responded to the question and explained that most of the material is not salvageable. The City Council received 1 public comment regarding this resolution. Council Member Scroggin expressed concern for Ms. Scharfenberg’s safety since she has been demolishing the structures using hand tools. He also proposed a question to the City Attorney regarding if the City would have any liability in the circumstance of the structure falling in on Ms. Scharfenberg if the City Council were to let her continue to demolish the structures on the property. City Attorney Kit Williams explained that the liability belongs to the property owner. He went on to provide an example of another citizen who demolished a building one brick at a time. Council Member Scroggin expressed his support of approving to give Ms. Scharfenberg additional time to demolish the structures on the property. He explained that he knows it will be a long process since she is completing an estate sale while also working to demolish the structures. However, since she is working to make the property better, he wanted to give her more time in order to complete the demolition. City Council Meeting Minutes October 4, 2022 Page 6 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Bunch also expressed support of approving additional time for Ms. Scharfenberg to demolish the structures. She provided a personal experience that related to the topic and explained that she felt Ms. Scharfenberg was making a strong effort to clean up the property. Council Member Wiederkehr communicated that he agreed and supported giving Ms. Scharfenberg more time. He also requested the City Attorney to verify that if a lien were to be placed on the property, then the lien would not be collected until the property sold. City Attorney Kit Williams confirmed Council Member Wiederkehr’s understanding of how liens work. He also explained that if the property owner were to take a loan on the home then it would also give the City the right to collect the lien. Ms. Scharfenberg communicated to the City Council that the family did not want a lien on the property as it would affect their ability to obtain a loan on the property in the future. Council Member Turk commended Ms. Scharfenberg and explained that she supports giving her more time to demolish the structures but wanted to receive an update on her progress in 60 days. Mayor Jordan clarified that Ms. Scharfenberg asked for this item to be tabled for 120 days. City Attorney Kit Williams agreed with the clarification provided by Mayor Jordan. A brief discussion happened regarding the procedures of tabling an item in 2022 to sometime in 2023. The City Attorney confirmed that if the City Council tabled the resolution to a specific date the item would not be discarded at the end of the year. Council Member Turk voiced her request again to receive an update after 60 days. Mayor Jordan stated that the City staff will provide an update after 60 days. Council Member Harvey moved to table the resolution until the February 7, 2023 City Council Meeting. Council Member Kinion seconded the motion. Upon roll call the resolution passed unanimously. This resolution was tabled to the February 7th, 2023 City Council meeting. VAC 22-018 (W. Sligo St and S. Razorback Rd/Meadow Vale Development, LLC): An ordinance to approve VAC 22-018 for property located at West Sligo Street and South Razorback Road in Ward 1 to vacate a portion of street right-of-way. At the September 6, 2022 City Council Meeting, this Ordinance was left on the first reading and tabled to the October 4, 2022 City Council Meeting. City Council Meeting Minutes October 4, 2022 Page 7 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Jones moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided the history of the property. In 2019 the City received a vacation request that the Planning Commission and staff did not support. The property was sold, and the new owner has combined the parcel. The Planning Commission still has concerns regarding the vacation. The Planning Commission expressed concern that the development would be internally focused and developed despite the City’s goal to prevent site plans that are not oriented toward the street. Mr. Curth also explained that the Planning Commission felt that even though the parcels have been combined, there are still opportunities for connectivity despite what the staff found. Adam Osweiler, Applicant explained that the site plan shows that the structure will face Razorback Rd., accessible via Sligo St, and the structure will be a multifamily building. Now that the lots have been combined into one single property, there is no longer a need for two public access areas. Rodney Baker, Applicant provided a detailed explanation of the project. The land has been paid for in full and will be donated to the Alpha Gamma Rho Alumni Association in order to build a new fraternity house. The two acres of land that the fraternity house will be on will be landscaped to include natural solutions for noise cancellation. All neighbors have been notified and none were opposed to this ordinance. The City Council received 1 public comment regarding this ordinance. Council Member Kinion clarified that the council makes decisions regarding the vacation request and cannot take proposed projects into consideration. He also explained that due to the location, of this property, it will always be potentially developed as multi-family due to the proximity to the UofA. Council Member Bunch asked Mr. Curth how many Planning Commissioners voted against the vacation request after she had verified that the planning staff recommended approval. Mr. Curth explained that the vacation request was unanimously forwarded to the City Council with the recommendation of denial from the Planning Commission. Council Member Bunch expressed concern that the current owners might sell the property and not complete the proposed project. She went on to express her support for staff’s recommendation and stated she wanted to override the Planning Commission. Council Member Kinion spoke and asked Council Member Bunch what her thoughts were regarding recouping the investment since she is a real estate agent. If the vacation was approved, he felt that the property would be more valuable. City Council Meeting Minutes October 4, 2022 Page 8 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Bunch agreed with Council Member Kinion that the property would be more valuable. Council Member Scroggin voiced his concerns regarding the Planning Commission’s decision and spoke in support of the staff’s recommendation. Council Member Harvey explained that she received one comment of support for the ordinance and zero that were opposed. She thanked the applicant for raising the money in order to potentially build a home for the Alpha Gamma Rho students. She also commended the applicant for all the supplemental information provided. She ended her comments by explaining she will support the ordinance. Council Member Jones echoed the comments of Council Member Harvey. Council Member Turk requested Mr. Curth to provide more information regarding the decision that the Planning Commission had made. Mr. Curth reiterated what the applicant had said regarding when the item was brought before the Planning Commission, the proposed project had not been presented. Mr. Curth noted that even though the proposed project was not presented, that the deciding entity cannot place weight on the proposed project since there is a possibility that the proposed project might not be completed. Mr. Curth felt that the Planning Commission and staff struggled to make the decision regarding the undeveloped right-of-way. Council Member Wiederkehr expressed his support of the ordinance due to receiving additional information regarding the potential future project being built on the property. He described his understanding of why the Planning Commission made the decision to recommend denial. However, felt that the supplemental information that the applicant provided was adequate for him to go against the recommended denial and explained that as long as only one structure was built on the property, the property, would be an asset to the City of Fayetteville as opposed to a liability. Council Member Bunch wanted to know when the properties were rezoned. Mr. Curth explained that the property west of the right-of-way appeared to be zoned as multi- family since the conception of zoning in Fayetteville. However, the other portion was rezoned in April of 2021 to CS, Community Services. Council Member Harvey had researched the decision made by the Planning Commission before the City Council meeting and wanted to know if Council Member Turk wanted additional information about why the proposed project was not shared at the Planning Commission meeting. Council Member Turk responded that she had received enough information. 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 Council Meeting Minutes October 4, 2022 Page 9 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6608 as Recorded in the office of the City Clerk 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. At the September 20, 2022 City Council meeting, this resolution was tabled to the October 4, 2022 City Council meeting. Jonathan Curth, Development Services Director explained information about the pre-approved building program. One-third of the proposed budget allocation was dedicated to public engagement like one-on-one interviews, webinars, meetings that include committees, focus groups and staff implementation training. The company would also provide a market study of the area to determine housing affordability. For an extra fee the company would also complete an ordinance audit to determine if legislative actions needed to take place to address housing affordability. Mr. Curth explained that this company played a critical role in the success in the recent Cobblestone Farm project that created 100 new family homes. Mr. Curth explained that it was very difficult to compare this proposed project to other pre-approved building projects completed by MBL Planning because each agreement is unique. Claremore, Oklahoma, one-fifth the size of Fayetteville, reported that their pre-approved building program had been in place for one year. The City of Claremore reported that 3 units were currently under construction with 18 more beginning construction soon. Council Member Turk expressed her concerns about the cost of the program, the additional market study, and explained that house designs could be found online for a nominal fee. Due to previous market studies completed for the City of Fayetteville and NWA she felt that another study was not needed. She ended her comments by saying she would not support the item. Council Member Scroggin agreed with Council Member Turk that house designs can be found online but explained they are not contextual to the area. He expressed his support of the item due to being able to collaborate and talk with citizens to find out what type of housing they wanted in their neighborhood and that the City’s building codes would be placed in the pre-approved designs. Council Member Bunch asked for staff to provide an example of a citizen going through the process to build a home from the pre-approved designs. Mr. Curth referenced the comments made by Council Member Scroggin regarding the ease of use of the pre-approved designs since they will already be contextual to the city and meet the current building codes. By using the pre-approved plans an individual would be able to have their plan approved by the City within 7 days as opposed to several months. City Council Meeting Minutes October 4, 2022 Page 10 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Bunch referenced her memory of serving on Planning Commission. She explained she remembered talking about the City of Fayetteville adopting pre-approved plans to be used. She ended her comment by explaining she thought the pre-approved plans would benefit the citizens of Fayetteville. Council Member Kinion explained that the pre-approved designs would still be able to be customized by using different colors on the outside or using brick versus siding. He explained that he would support the item due to the program saving costs for the citizens and staff time. Council Member Turk refuted the statements that the program was good for Fayetteville. She explained that maybe 10 or 12 years ago it was needed but it is not needed now. She also identified that the pre-approved designs were just options, and no one will be required to use the plans. Due to the designs only being an option, she felt that the money for this program should be dedicated to a different program within the City. Council Member Bunch asked staff to provide information regarding the restrictions placed on the Parkesdale Development which is an older subdivision in Fayetteville. Mr. Curth researched and provided the restrictions. The zoning code for the subdivision was RMF-24, Residential Multi-Family 24 units per acre. Since that zoning had high entitlements, a development overlay was placed on the area that limited the build to height and determined how the buildings would face the street. Council Member Bunch explained that she remembered the discussion and was glad that the City listened to the neighbors and came to a compromise. Mayor Lioneld Jordan agreed with Council Member Bunch and spoke about all the meetings that were held in order to obtain the compromise. Council Member Kinion mentioned the Fayette-Junction and Walker Park Planning Project that made an industrial area into usable land. Council Member Wiederkehr provided a summary of feedback he had gathered over the years and explained that citizens are concerned mostly over design not density. Freeing up staff time to work on other workloads and wide-spread community involvement were the reasons for his support of the item. Council Member Harvey echoed all the comments made previously in support of the item. Neighborhood involvement and the ability to obtain inclusive public input were the reasons for her support of the item. Council Member Hertzberg asked staff if there was away of determining the success of the program by identifying benchmark metrics. City Council Meeting Minutes October 4, 2022 Page 11 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mr. Curth thanked Council Member Hertzberg for her question. Mr. Curth explained that the benchmark metrics would be determined during the planning process. The metrics will also be affected by outside forces like housing prices. Council Member Harvey moved to approve the resolution. Council Member Hertzberg seconded the motion. Upon roll call the resolution passed 7-1. Council Member Scroggin, Bunch, Hertzberg, Harvey, Jones, Kinion and Wiederkehr voted yes. Council Member Turk voted no. Resolution 236-22 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. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director explained that he had not received any new public comments and did not have any updates to present regarding the item. Brian Teague, Applicant’s Representative explained that the owner would like to have more flexibility regarding lot width, tree and streamside preservation. Mr. Teague explained that the owner understands that the request would be considered a downzone. Mayor Lioneld Jordan asked staff if anyone had seen the plans for the required road or driveway. Mr. Curth explained that he had not be able to see the proposed road or driveway since development plans had not been submitted. Mr. Curth explained that he had verified that emergency services will be able to access the property. He had verified the width of 40ft. by tape and aerial measurement. Council Member Turk asked about the streamside ordinance information that was mentioned during the tour of the property. She expressed her concern about the stream that runs through the property. She was also concerned about the constraint on development and wondered if a large building, bridge or culvert would be added to the property. Mr. Curth displayed a map of the area and explained that if a bridge was built then the bridge would have to expand the width of the stream. If the stream had a 15% or greater slope, then the streamside protection ordinance dictates the bridge would have to expand farther than the width of City Council Meeting Minutes October 4, 2022 Page 12 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov the stream. There are exceptions to this rule and would need to be reviewed if it was not practical to expand the bridge that far. Chris Brown, Public Works Director verified the information that Mr. Curth provided. Mr. Brown explained that the requirements would be different for a development. The requirement for a development is that the developer must ensure the protection of the stream from erosion or other drainage issues from a 10- and 100-year flood event. Council Member Turk asked staff to verify her understanding that based on the map Mr. Curth displayed, the owner would only be able to build in the southeast corner of the property as well as ensure the area in green, red, blue, and purple were protected against a 10- and 100-year flood. Mr. Brown explained that he recommends that developers and owners to stay out of the stream. He clarified Council Member Turk’s question and explained that development could be placed in the purple area. Mr. Brown reiterated that each development was case specific and if it is not feasible to span the stream, then alternatives need to be reviewed. Mr. Curth clarified his earlier use of the word structures being defined as buildings, residences, and commercial buildings. Council Member Harvey expressed her concerns regarding flooding issues and questioned if RI- U, Residential-Intermediate Urban was an appropriate zoning for the property. Mr. Curth explained that staff had taken a lot of factors into consideration before making their recommendation. The current zoning of the property had high entitlements and felt that RI-U was a more viable zoning code. Council Member Harvey made a motion to suspend the rules and go to the third and final reading. Council Member Kinion expressed his concern with Council Member Harvey’s motion. He took a moment to look over the future land use map and noted that it would be easy to place development above the stream. 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 unanimously. City Attorney Kit Williams read the ordinance. Council Member Scroggin expressed his support for the item and explained that RI-U is a more appropriate zoning than RMF-24. Council Member Turk also expressed her support and explained that the area to the southeast of the property appeared to be of higher elevation than the rest of the property. City Council Meeting Minutes October 4, 2022 Page 13 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Lioneld Jordan expressed his support to change the zoning to RI-U. He went on to explain the housing types in the area and felt that RMF-24 is not the right zoning for the area. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6609 as Recorded in the office of the City Clerk New Business: Repeal Reduction Of Election Standard Allowance: a resolution to repeal Resolution 89-22 and to authorize the reduction of the election of the standard allowance of $10,000,000.00 in revenue losses due to the public health emergency created by the covid-19 pandemic from the previously awarded American Rescue Plan Act funds to the calculated loss of $6,914,393.00. Council Member Kinion shared his thoughts regarding how the initial decision regarding the ARPA funds should be amended. Council Member Kinion explained that by taking the calculated loss of $6,914,393.00 instead of the standard allowance of $10M it would allow the smaller organizations in the community to receive assistance. He explained that there are several organizations in the Fayetteville community that have not paid their executive directors in three years in order to survive the pandemic and to keep aiding community members. He emphasized that $1.00 is a lot of money for the smaller organizations. Even though the organizations are help driven, they still require funds in order to keep the electricity on and staff paid. Paul Becker, Chief Financial Officer provided a history of the previous decision made in April 2022 by council to approve the standard deduction allowance of $10M. He went on to explain that several of the projects that the administration had been looking into could not be funded by ARPA without additional metrics like the Walker Park Project. Mr. Becker explained the administration was looking into a voucher program for head start childcare and reminded the council that when the non-profits applied for ARPA funds they had two options to choose from. Council Member Kinion agreed with Mr. Becker regarding the history of the previous decision. However, he had received information from the organizations in the area that they were very confused and were under the impression that they could not apply for both programs. Council Member Kinion explained that since the federal guidelines kept changing the individuals, who would benefit the most from these funds, were very confused on how to recoup their losses during the pandemic. Mr. Becker explained that the City of Fayetteville had provided an explanation to the organizations on how to file to recoup their losses. Staff fielded a lot of calls and were available to help anyone who called in. Mr. Becker also explained that if any of the council members had a program they were interested in, then the City could always take more submissions or put together an RFP, Request for Proposal or RFQ, Request for Quote. City Council Meeting Minutes October 4, 2022 Page 14 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Turk reminded the council that she had been very reluctant in April 2022 to approve to take the standard allowance of $10M. She explained that she would support the amendment since it would provide more money to the non-profits in the area. Council Member Jones echoed the comments made by Council Member Kinion and Turk. He had been contacted by several non-profits regarding issues with applying to recoup their losses. He also reminded the council that he had voiced his concerns regarding taking the standard allowance of $10M. He ended his comments by talking about the need for social equity. Council Member Harvey shared that she had also received comments that the application process was confusing. She expressed her desire to ensure the ARPA funds are used for the non-profits even if that means that the Walker Park Project of laying smoother roads must be put on hold. Mr. Becker verified that Council Member Harvey was correct in her previous comment. He went on to explain the differences between the beneficiary and sub-recipient applications. He highlighted that the beneficiary application must clearly identify the loss and provide documentation for the loss. Council Member Harvey thanked the ARPA committee and the City’s internal auditor Steve Dotson for their work on this project. Council Member Hertzberg wanted to know if the item was approved, what projects would the City not be able to fund. Mr. Becker explained how the applications received from non-profits were ranked. Council Member Hertzberg clarified her question. She wanted to know what City projects would not be funded if the item was approved. Mr. Becker explained that the difference of $3,085,607.00 could be used for the Walker Park Project or for the $4M Water and Sewer Project that would help prevent leaks. Mr. Becker expressed that the Water and Sewer Project would have to be completed no matter what the Council decided that evening. He further explained that the rate payer may experience an increase in their bill in order to pay for the Water and Sewer Project if the council decided to amend the resolution and not take the $10,000,000.00 standard deduction. Council Member Jones wanted to know if a workshop was given to the non-profits in the area in order to understand the jargon used and how to complete the application. Mr. Becker asked Mr. Steve Dotson, Internal Auditor, to answer Council Member Jones’ question since it was Mr. Dotson’s department who handled outreach. Steve Dotson, Internal Auditor explained that the City developed a guide on how to fill out the application. The City also took calls and emails from individuals and non-profits that had specific questions about how to fill out the application. City Council Meeting Minutes October 4, 2022 Page 15 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Jones rephrased his question into a statement. The City had provided no workshop to the non-profits on how to complete the application. The City also did not have a public community meeting regarding the application for ARPA funds. He identified that the Community Resources Director/Equity Officer, Yolanda Fields, al ways holds a public meeting for the funds she manages for the City. Mr. Dotson explained that based on his understanding the meetings that Ms. Fields held were to discuss deadlines and filing options of funds that her office manages. The City took strides to simplify the application process for non-profits to receive ARPA funding. The revised application forms were posted online in order to help answer questions. Council Member Jones expressed his appreciation and explained that St. James Baptist Church created and managed the largest food pantry in the region. He wanted to ensure that the non- profits who had direct contact with the community were positively impacted by the decisions of the City. This was due to the enormous amount of work they do in the community. Susan Norton, Chief of Staff asked for Mr. Dotson to provide the time frame of revenue loss that non-profits experienced. She went on and explained that she was speculating when it comes to the reason the non-profits had not received reimbursement. Ms. Norton explained that maybe it was due to not providing documentation of losses or maybe the non-profit had not kept the proof for that timeframe. Mr. Dotson explained that the time frame was March 3, 2021 to March 3, 2022. Council Member Jones responded to Ms. Norton and stated that was not the reason for the St. James Baptist Church. Mr. Becker explained that the St. James Missionary Baptist Church filed two applications. One as a sub-grantee and one as a beneficiary. Mr. Becker explained that the City was currently working with the church and was ready to move forward regarding the reimbursement. He finished his comments by emphasizing the City’s appreciation of the outstanding work of St. James Missionary Baptist Church. Council Member Jones expressed his appreciation for Mr. Becker’s explanation. Council Member Harvey asked for clarification regarding the dates of March 3, 2021 to March 3, 2022 that Mr. Dotson had provided. Mr. Becker verified the dates were correct that Mr. Dotson provided. He went on to explain that if there is any money left over from the allocation for non-profits, the City could take another look to see if the left-over money could be allocated to the non-profits who initially did not receive ARPA funding. Council Member Harvey provided her understanding that the reimbursement was capped at $900,000 by the City Council. City Council Meeting Minutes October 4, 2022 Page 16 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mr. Becker explained that the $900,000 was appropriated not capped. He went on to explain the future process of presenting an item to Council regarding the non-profits. Mr. Becker explained that the item would be a lumpsum request to reimburse non-profits with the left-over allocation. He also reminded the council that they had until 2024 to appropriate ARPA funds and 2026 to complete payment of the expenditures. Council Member Harvey thanked Mr. Becker for answering and clarifying her questions regarding the reimbursement process for ARPA funds. She finished her comments by explaining she was ready to move to approve the resolution. Council Member Turk asked if the dates of March 3, 2021 – March 3, 2022, period to demonstrate loss, had been set by the federal government. Mr. Becker answered no to the question. Explained that it had been decided when the City created the process of applying for the program. Council Member Turk asked if the timeframe could be expanded. Mr. Becker answered yes. He went on to explain that the City Council could ask for another timeframe for expenditures to be reimbursed. Council Member Turk asked if there were any limitations identified by the federal government regarding the timeframes that could be reimbursed for. Mr. Becker explained that the only limitation was that ARPA funds had to be committed by 2024. Council Member Turk thanked Mr. Becker. Council Member Scroggin expressed concern regarding the previous decision to reimburse non- profits. He went on to explain that he was worried that the City Council would create new metrics that might affect past decisions. He did not want the decision that the City Council made regarding the item to affect distribution of funds for reimbursement for non-profits who had already gone through the submission process. Mr. Becker explained that reimbursement was only for the 2021-2022 period that had been identified by the City. Council Member Bunch expressed concern that by approving this item the City would lose funding for the $4M Water and Sewer Project. She wanted to stick to the parameters that had been set by the City and explained she understood the burden on staff for the process of reimbursement. Mr. Becker explained that during the application process the City had received $21 million dollars’ worth of requests. Council Member Wiederkehr expressed his desire for the current applicants who have been approved to be reimbursed. Also, the applicants who had already filed for one option should be City Council Meeting Minutes October 4, 2022 Page 17 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov able to come back and apply for the other option to receive ARPA funding. He thanked City staff for their work amongst each other to identify the need for the Walker Park Project and the Water and Sewer Project. City Attorney Kit Williams asked Mr. Becker if the council would be able to change their decision again later if there were not enough applicants to receive the left over $3,085,607. Mr. Becker explained that he does not know at this point. The federal government has changed the rules several times regarding the ARPA funds. City Attorney Kit Williams asked if the City might lose the funds if they approve to repeal their initial decision. Mr. Becker answered that the city council may be able to come back and amend their decision later but might be restricted to spend the money on specific projects like water quality or sewer quality. City Attorney Kit Williams explained that he just wanted to ensure the City did not lose the funds. Mr. Becker explained that the City would not lose the funds. He went on to say that the City has plenty of water and sewer projects that the money could be spent on. Mayor Jordan stated that no, the City would not lose the funds. Council Member Kinion moved to approve the resolution. Council Member Harvey seconded the motion. Upon roll call the resolution passed 7-1. Council Member Scroggin, Bunch, Turk, Harvey, Jones, Kinion, and Wiederkehr voted yes. Council Member Hertzberg voted no. Resolution 237-22 as recorded in the office of the City Clerk 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. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director spoke about the history of short-term rentals. The topic was brought up about 10 years ago when it was discovered there were no rules in place to govern short-term rentals. Since there were no rules in place, short-term rentals became a health and safety violation as well as a disturbance to the neighbors who lived near the short-term rentals. When the short-term rental ordinance passed that included a sunset clause, all the short-term rentals that were currently operating within city limits were given a grace period in order to come into City Council Meeting Minutes October 4, 2022 Page 18 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov compliance with the City’s code. The grace period was extended two separate times but expired and the Planning Commission had to start reviewing the short-term rentals identified by staff that were not complying with the ordinance. Mr. Curth finished his comments by explaining there are two separate types of short-term rentals, Type 1 and Type 2. Britin Bostick, Long Range Planning/Special Projects Manager provided the number of short- term rentals operating in Fayetteville as of that morning. She stated there were 875 Type 2 but only 323 of the Type 2 have a business license. Ms. Bostick directed everyone to view her presentation on the screens and explained that the Planning Commission would like the conditional use permit removed, 12 month start up language removed, and they also wanted the ordinance to be moved from the use conditions section to development and zoning standards section in the Unified Development Code for the City of Fayetteville. She ended her presentation by listing parking issues, vacancy of the short-term rental, and number of guests staying in the short-term rental as complaints she had received. Council Member Scroggin asked how many conditional use permits the City had revoked. Ms. Bostick responded that none had been revoked. Council Member Scroggin expressed his concern that none had been revoked so far due to the amount of complaints that had been made. There was a circumstance where someone renting a short-term rental was flying a helicopter in and out of the property. He had also heard that when the neighbors started complaining about the short-term rentals the owners of the short-term rentals started harassing the neighbors. He finished his comments by stating that people need to be removed and not allowed to operate a short-term rental if they are not following the rules. Council Member Turk expressed her concern that the only action the City can take regarding short-term rentals that are not operating according to ordinance, is to refer the issue to the City’s prosecuting attorney. Council Member Harvey expressed interest in the recommended changes included in the memo from the Planning Commission. Council Member Turk voiced her preference of potentially zoning by type or by certain areas. Council Member Harvey suggested that the short-term rentals be zoned by ward. Council Member Turk followed up and spoke to Council Member Harvey and said that she felt that would be too strenuous. Council Member Kinion asked if the data of how many short-term rentals were operating could be imposed on a map. Ms. Bostick explained that short-term rentals are broken up into two separate groups. One group as conditional use and the other as having a business license. City Council Meeting Minutes October 4, 2022 Page 19 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mr. Curth demonstrated that the map Council Member Kinion requested already exists on the City’s website under GIS maps. The filters allow someone to select different types of licensed short-term rentals to be displayed on the map. Council Member Turk thanked Mr. Curth for showing the map. The City Council received 5 public comments regarding this ordinance. Council Member Turk requested staff to provide a report showing how many unlicensed short- term rentals there are in the city. Mr. Curth explained that he would be able to collect the data from AirDNA and would provide it during the next meeting. He also noted that several staff members and planning commissioners have mentioned that maybe the reason that short-term rental owners are not complying, is because they are nervous to go through the public hearing process. He went on to say, that is not a good reason to not comply with City ordinance. He suggested that there might be another way in order to obtain compliance from the owners. Mr. Curth finalized his comments by asking the City Council to provide guidance on their requests for staff regarding the item. Council Member Scroggin asked if AirDNA had a cost. Mr. Curth answered that yes, AirDNA had a cost. Mr. Curth explained that about 5 years ago a University of Arkansas class reached out to the City of Fayetteville to ask if there were any projects that the City needed to be completed and that could be completed by the students in the class. The City took the University of Arkansas up on the offer in order to determine how many short-term rentals were operating in Fayetteville. At that point in time the students were able to identify around 600 short-term rentals in Fayetteville by using AirDNA. Council Member Scroggin expressed concern regarding the suggestion by the Planning Commission to remove the requirement for short-term rentals to obtain a conditional use permit. He went on to explain that he agreed with the public comment he received regarding short-term rentals reducing the housing stock in Fayetteville. Council Member Wiederkehr provided a list of items, as guidance, that he wanted to have for the agenda item. He asked for a definition of what a sunset clause encompasses to be provided, does the City support the 1 or 2% threshold for short-term rentals, conversation regarding capping it at 1%, requiring parking permits, notification process to neighbors, examples of notification signage, discussion on how town-homes would differ than condos due to the land being exempted due to ownership for one but not the other, review of how many will be allowed per neighborhood, block, or street and will the owner of the short-term rental be required to be a Fayetteville or Arkansas resident in order to operate a short-term rental in Fayetteville. He ended his request by explaining that the collection of HMR taxes from the short-term rentals was at the top of his list. Council Member Hertzberg asked if Mr. Curth could provide the University study that was mentioned earlier in the meeting. City Council Meeting Minutes October 4, 2022 Page 20 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mr. Curth answered Council Member Hertzberg and explained he would search for the study. Council Member Harvey expressed her appreciation of the citizens who provided public comment regarding the agenda item. She requested staff to provide information from other cities where short-term rentals have been restricted by zoning. Mr. Curth explained that he would provide access to the PowerPoint presentation slides since the data was included in the slides and not the staff report. Council Member Harvey explained that she wanted to be able to review the data from the slides. Council Member Hertzberg asked for more information regarding short-term rentals being capped at 1% per neighborhood. Mr. Curth asked for clarification regarding the request from Council Member Hertzberg. Council Member Turk explained that she understood Council Member Hertzberg’s question. If an area was zoned RSF-4, Residential Single-Family four units per acre, could a density cap be placed on that zone. She provided an example and asked if a RSF-4 zone could have a cap of 100 short-term rental units or if that could be determined by area. Mr. Curth spoke and thanked the council members. He went on to explain his understanding was that the council wanted to know how the city can be divided into sections in order to determine how many short-term rentals can be in each section. Council Member Hertzberg thanked Council Member Turk for the clarification. Council Member Wiederkehr added an additional item to his earlier list. He asked to have a discussion on not removing smaller homes, that are affordable, from the housing market only to be turned into short-term rentals by the owner. This ordinance was left on the First Reading. VAC 22-021 (927 E. Rockwood Trail/Thompson): an ordinance to approve VAC 22-021 for property located at 927 East Rockwood Trail in ward 1 to vacate a portion of a utility easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director explained that a single-family home sat on the property with a 25ft. utility easement on the east property line. The property directly to the east mirrored the single-family home on the property. Mr. Curth went on and gave the history of the application and a summary of the discussions between the applicant and SWEPCO. Ultimately, the applicant and SWEPCO came to an agreement to reduce the easement to 5ft. SWEPCO also removed the other conditions they had initially requested. City Council Meeting Minutes October 4, 2022 Page 21 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Attorney Kit Williams read the proposed condition change. Mayor Lioneld Jordan asked for the proposed condition to be read again for clarification. City Attorney Kit Williams re-read the proposed condition change. Council Member Bunch moved to amend condition two to a 5ft. general utility easement shall be retained along the east side of the property. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. Mr. Curth explained that he did not have any additional information to provide to the council. He announced that Will Kellstrom was the applicant. Will Kellstrom, Applicant’s Representative explained that his client was currently adding on to the single-family home on the property. The applicant would like to use some of the property he will gain from reducing the utility easement to build on. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6610 as Recorded in the office of the City Clerk VAC 22-020 (1070 N. Marinoni Dr/Marinoni Inc.): an ordinance to approve VAC 22-020 for property located at 1070 North Marinoni Drive in ward 4 to vacate a portion of a utility easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a description of the property and of the 1.4-acre utility easement. He called attention to the presentation screens to show the survey form. The franchise utilities consented to the vacation and did not ask for a new dedicated easement. Mr. Curth explained that due to no new dedicated easement being created, he requested that condition number three and four be removed from the ordinance. Council Member Hertzberg spoke and made a motion. City Council Meeting Minutes October 4, 2022 Page 22 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Lioneld Jordan asked for clarification regarding removing condition three and four. City Attorney Kit Williams requested that the council amend the word plant to facility in condition number two. He explained the change was for grammatical reasons only. Council Member Hertzberg moved to amend to remove conditions number three, four, and change the word plant to facility in condition two. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. Mr. Curth, explained that he did not have any additional information to add and introduced the applicant, Connor Threet, with Crafton Tull. Connor Threet, Applicant’s Representative explained that before any property splits are done, he wanted to bring the vacation to be heard by the council. He went on to say that if the vacation was approved, it would allow the lot splits to be completed without having to come back to council. 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 Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6611 as Recorded in the office of the City Clerk RZN 22-041 (1453 South Root Ln./Holt): an ordinance to rezone that property described in rezoning petition RZN 22-041 located at 1453 South Root Lane in ward 1 for approximately 2.50 acres from R-A, Residential-Agricultural to RSF-1, Residential Single-Family, 1 unit per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a description of the property and explained that the property was not connected to any public streets. The applicant originally requested to rezone the property to RSF-4, Residential Single-Family four units per acre. However, the Planning Commission and staff did not support RSF-4, Residential Single-Family due to this area being in the Hilltop Hillside Overlay, within tree canopy, and that it did not align with the future land-use map. The Planning Commission worked with the applicant and amended the request to RSF-1, Residential Single-Family one unit per acre. Once the applicant agreed, the rezone was City Council Meeting Minutes October 4, 2022 Page 23 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov forwarded to the council with the recommendation of approval for RSF-1. Both the Planning Commission and staff supported changing the rezone request from RSF-4 to RSF-1. Justin Holt, Applicant summarized the history and discussions he had with the Planning Commission and staff. He explained that he was surprised to see the item on the agenda again since he thought it was already approved at the Planning Commission. He finished his comments by saying there were two homes located on this property in the past. One of which was not covered by the tree canopy and had its own access to the private drive. Mayor Lioneld Jordan asked Council Member Harvey and Jones, ward 1 representative, if they had heard anything regarding this item. Council Member Harvey answered no, that she had not heard anything. Council Member Jones answered no, that he had not heard anything. Council Member Wiederkehr 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 Harvey expressed that she felt the request was reasonable. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6612 as Recorded in the office of the City Clerk RZN 22-042 (N. Gregg Ave And N. Futrall Dr/Washington Regional Medical Center): an ordinance to rezone that property described in rezoning petition RZN 22-042 located at the southwest corner of North Gregg Avenue and North Futrall Drive in ward 2 for approximately 4.05 acres from C-3, Central Commercial to UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director presented the rezone request and explained that a portion of the area was kept clear until around 2000. C-3, Central Commercial, has a lot of entitlements and by down zoning the property to UT, Urban Thoroughfare, would create zoning City Council Meeting Minutes October 4, 2022 Page 24 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov consistency in the area, potential development and supporting infrastructure. The Planning Commission and staff supported the request. Tim Hearndon, Applicant spoke and thanked the council and explained he was available to answer questions. Council Member Bunch asked Mr. Curth for a larger aerial view of the property. Mr. Curth clarified and asked if Council Member Bunch wanted an aerial view or a zoning view. Council Member Bunch answered with aerial view. Mr. Curth displayed the aerial view on the screens in the chambers and explained the property was in the turquois triangle. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey 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. Ordinance 6613 as Recorded in the office of the City Clerk RZN 22-034 (113 E. Davidson St/Graves): an ordinance to rezone that property described in rezoning petition RZN 22-034 located at 113 East Davidson Street in ward 2 for approximately 0.14 acres from RSF-4, Residential Single-Family, 4 units per acre to NS-L, Neighborhood Services – Limited. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a history of the property. The building on this property, that is fronting Davidson St., has been used as a business for the past 20 years based on business licenses that have been issued. Staff supported the rezoning due to the item creating consistent zoning in the area and due to the infrastructure already being in place. Mr. Curth commented on the fact that if the rezone passed, the required canopy would go from 25 to 20%. City Council Meeting Minutes October 4, 2022 Page 25 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Navid Samavati, Applicant’s Representative stated that he was present if the council had any questions. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member 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. Ordinance 6614 as Recorded in the office of the City Clerk RZN 22-040 (2255 E. Huntsville Rd/Broomfield): an ordinance to rezone that property described in rezoning petition RZN 22-040 located at 2255 East Huntsville Road in ward 1 for approximately 1.16 acres from R-A, Residential Agricultural and RSF-4, Residential Single-Family, 4 units per acre to NS-G, Neighborhood Services – General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director began his presentation by describing the location of the property and the surrounding buildings. The applicant requested to rezone the area of the property that is R-A, Residential Agricultural to NS-G, Neighborhood Services – General. The applicant wanted to maintain the current zoning of RSF-4, Residential Single-Family, four units per acre on part of the property in order to continue to have a single-family home there. The Planning Commission and staff supported the item for approval due to the request aligning with the 2040 plan. Mr. Curth explained that NS-G was the maximum zoning district the Planning Commission would consider for this property. John Broomfield, Applicant explained that he has already reached out to his neighbors regarding his request. Mr. Broomfield explained that his neighbors do not have any issues with this request. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey thanked Mr. Broomfield for reaching out to his neighbors regarding his rezone request. City Council Meeting Minutes October 4, 2022 Page 26 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6615 as Recorded in the office of the City Clerk RZN 22-043 (560 W. Van Asche Dr./Tune & Tune): an ordinance to rezone that property described in rezoning petition RZN 22-043 located at 560 West Van Asche Drive in ward 2 for approximately 13.56 acres from R-A, Residential-Agricultural to UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director described the location of the property and the surrounding area and structures. A concrete plant has been located on the property for around 20 years. A recycling center and a protected stream is also located on the property. Mr. Curth provided the history of how the property was annexed into Fayetteville in 2010 and was zoned Residential Agricultural. The applicant originally requested to rezone the property from R-A, Residential Agricultural to I-2, Heavy Industrial. Once the planning staff completed their review of the property and the request, they did not support the request to rezone from Residential Agricultural to Heavy Industrial. Mr. Curth provided information regarding the protected stream and displayed a map of the stream on the large screens in the chambers. Staff reached out to the applicant and shared the reason they recommended denial. The applicant decided to amend the request and asked to rezone the property to UT, Urban Thoroughfare. Staff supported the amended request. Robert Rhoades, Applicant’s Representative explained that one of the tenants on the property wanted to continue the recycling business that has been on the property in previous years. In order to continue the recycling business, the property needed to be zoned I-2, Heavy Industrial by right. The current owner of the recycling business has not been able to move forward with his business. This is because 6 months has passed since the previous owner had operated the business and the business is no longer grandfathered in. Mr. Rhoades went on to explain that the applicant understands that he will have to submit a conditional use permit request in the future in order to allow a recycling business on that section of the property. Mayor Lioneld Jordan commented on remembering when the property was annexed by the City of Fayetteville. City Attorney Kit Williams made a comment as well and explained that Lioneld Jordan was already the mayor at that point in time. Mr. Williams went on and said when the City annexes City Council Meeting Minutes October 4, 2022 Page 27 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov property it is automatically zoned as R-A and explained that when businesses stop operating for 6 months their right to continue lapses. Council Member Scroggin asked Mr. Curth if the council decided to zone the property UT, Urban Thoroughfare then the recycling issue would have to come back as a conditional use permit request. Mr. Curth answered yes and explained that Council Member Scroggin was correct. He went on to explain that there are exceptions in the City’s code that allow the business to continue operating. However, as City Attorney Kit Williams explained, since the business did not operate for 6 months, they lost the ability to continue to operate without a conditional use permit. Council Member Scroggin asked Mr. Curth if recycling would be allowed if the property was zoned to I-2, Heavy Industrial. Mr. Curth explained that recycling would be allowed by right if the property was zoned I-2, Heavy Industrial. Council Member Scroggin explained that he did not want the property to be rezoned to I-2. He agreed with staff that UT, Urban Thoroughfare made sense in the location. Mayor Lioneld Jordan asked the ward 2 council members if they had heard anything regarding the item. Council Member Kinion answered and said he had not heard anything. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6616 as Recorded in the office of the City Clerk VAC 22-010 (2015 S. Vale Avenue/ Titan Vale, Llc): an ordinance to approve VAC 22-010 for property located at 2015 South Vale Avenue in ward 1 to vacate a portion of an alley right-of-way. City Council Meeting Minutes October 4, 2022 Page 28 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a description of the property’s location and the area around it. Staff and the Planning Commission supported vacating the alley since it no longer served a purpose. The applicant also obtained signatures from the adjacent property owner agreeing to vacate a portion of the alley. Staff talked to the utility companies and they did not have any issues with the request. Will Kellstrom, Applicant’s Representative explained that he would be happy to answer any questions the council had. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6617 as Recorded in the office of the City Clerk Appeal Cup 22-039 (2992 N. Oak Bailey Dr./Oak Bailey Cluster Development): a resolution to grant the appeal of Council Members Sarah Bunch, Teresa Turk, and Sloan Scroggin to deny conditional use permit CUP 2022-039 for a cluster housing development for property located at 2992 North Oak Bailey Drive in ward 3, and to deny a variance to § 164.22(d) of the Unified Development Code to exceed the maximum number of dwelling units permitted. Jonathan Curth, Development Services Director explained that the property had a zoning code of RSF-4, Residential Single-Family four units per acre. He went on to describe the property and the area around it. The applicant initially requested a conditional use permit in order to build cluster housing on the property. The zoning of RSF-4, Single-Family four units per acre allows, by right, cluster housing of 12 units. The applicant wanted to include 19 units in the cluster housing, shared open places, parking per bedroom, and had taken traffic into consideration. Mr. Curth explained that the planning staff supported the conditional use permit request. The applicant did have another option suggested to him and it was to apply for a variance. The applicant chose not to apply for a variance since it would alter the layout for the cluster housing. Mr. Curth went on to provide answers to the questions that he had received during the scheduled tour of the City Council Meeting Minutes October 4, 2022 Page 29 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov property. The questions he received were about access to the property, how many units allowed by right, he verified there were no hydric soils, and he calculated a slope of 8%. Brian Teague, Applicant’s Representative gave a presentation that included slides. Mr. Teague reference that the appeal addressed the compatibility of the project, variance request, and other development related items. Mr. Teague provided a background regarding the property and presented the slides on the screens located in chambers. He explained that in 2018 there were 5 buildings located on the property, one single-family home, large out buildings, and a driveway. He said due to these structures being placed on the property before shows that the property can be developed. Mr. Teague went on to display the floor plans and elevation plans of the cluster housing being proposed. He also talked about the scale of the homes, price point, and growing popularity of cluster housing. At the end of his presentation Mr. Teague explained that the applicant would like to have more time to talk to the neighbors in the area. By tabling the item, it would allow them additional time to talk with the neighbors. Council Member Scroggin explained that one of the neighbors in the area asked him to support the appeal so it could be heard by council. Council Member Bunch explained she also had a citizen that requested her to support the appeal. Council Member Turk explained that she always wanted to give people the ability to appeal and was glad the council got to tour the property. The City Council received 13 public comments regarding this resolution. Council Member Hertzberg expressed her support of tabling the item in order to give the developer more time to talk with the neighbors. Council Member Scroggin expressed his support to table the item. Council Member Bunch also expressed her support to table the item. She then asked Mr. Curth what the property’s current zoning code was. Mr. Curth answered that the property had a zoning code of RSF-4, Single Family four units per acre. Council Member Bunch explained that she was very tired due to how late the meeting had already ran. Council Member Turk expressed her support to table the item and wanted the item to be placed first in the unfinished business section. Mayor Lioneld Jordan explained that it should be the first one heard under unfinished business. Council Member Bunch explained that Mr. Teague asked for the item to be tabled until the November 15, 2022 City Council meeting. City Council Meeting Minutes October 4, 2022 Page 30 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mr. Curth explained that if a project is still active and is tabled to a specific date, it does not fall off the agenda at the end of the year. City Attorney Kit Williams echoed the response given by Mr. Curth. Council Member Harvey asked who created the packet that listed the requirements the neighbors have requested. She went on to explain that she would like to talk to the neighbors because the neighbors might not want the item tabled. Mayor Lioneld Jordan explained that it was up to the City Council if the item was tabled or not. Council Member Turk asked to speak to Mr. Warner. Council Member Harvey expressed support for Council Member Turk’s request. Mr. Warner explained that he appreciated the City Council allowing him to address the topic of tabling the item. Mr. Warner explained that he understood that it was late at night and that the council wanted to make sure they were making the right decision once they had a chance to rest. However, he went on to state that he did not think the developers would reach out to the neighbors since they had not in the past. He went on to provide a history of the item and shared his experiences with the developer not sharing information with the neighborhood. Council Member Kinion asked for Mr. Warner to provide pictures or video of the flooding that has happened in the area. Mr. Warner answered and said he would look back through his photos and photos that others had sent him. Council Member Bunch expressed her concern that two weeks is not enough time for the developer to get in contact with the neighborhood. Council Member Kinion asked to hear from the developer regarding tabling the item. Council Member Hertzberg asked to bring the developer up to the podium. Mr. Teague explained that the developers had more material and would be able to share it with the neighbors. He felt that the item needed to be tabled until November 15, 2022 in order to give the developers enough time to reach out to the neighbors. Council Member Wiederkehr explained that the developers own the property and have the right to develop it. He went on to talk about the number of units being proposed to be placed on the property and about the developer applying for a variance. City Attorney Kit Williams explained that due to the type of development being designed the developer would still have to obtain a conditional use permit. City Council Meeting Minutes October 4, 2022 Page 31 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr identified that the conditional use permit appeal of the Planning Commission’s decision to deny was the item before the council. City Attorney Kit Williams agreed with Council Member Wiederkehr and added the fact that the developer was also appealing the decision regarding the variance. Council Member Wiederkehr asked Mr. Curth, if the developer omitted the variance if they would need to submit a new conditional use permit request. Mr. Curth explained that it would need to be an amendment to the existing request. Council Member Wiederkehr expressed his desire to clear up any misconceptions regarding development and stormwater issues to the neighbors of the potential development. He explained that if the development moves forward, it does not have to solve their stormwater issues; it just can’t exacerbate it. He finished his comments by thanking all the citizens for coming to the meeting and talking about the item. He also expressed appreciation for city staff and the other members of council. Council Member Scroggin talked about stormwater and flooding issues. He went on to express his hope that a plan can be created to prevent future flooding and alleviating the current stormwater issues. Council Member Bunch asked Mr. Curth about the drawings of the project and the fact that it did not have sidewalks. Mr. Curth explained that the watercolor drawing she was given was only the conceptual drawing. By ordinance, circulation or pedestrian access or sidewalks are required for cluster housing. Council Member Bunch asked for additional information regarding the applicant for a variance. Mr. Curth explained that the only variance request that had been received regarding the project was to allow 19 units. Council Member Bunch asked if that decision caused the developer to have to place sidewalks in the development. Mr. Curth answered with yes. Council Member Turk agreed with Council Member Scroggin regarding the stormwater issues. She expressed that the city code needed to be amended to ensure that citizens are protected. Council Member Kinion moved to table the resolution until the November 15, 2022 City Council meeting. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member Scroggin, Bunch, Turk, Hertzberg, Harvey, Kinion, and Wiederkehr voted yes. Council Member Jones was absent for the vote. City Council Meeting Minutes October 4, 2022 Page 32 of 32 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov This resolution was tabled to the November 15, 2022 City Council meeting. Announcements: Susan Norton, Chief of Staff announced that the final bulky waste pick-up event would be held in ward 2. It would take place the weekend of October 8, 2022. City Attorney Kit Williams announced that the lawsuit that was filed by a citizen regarding Prairie Street Live’s conditional use permit has been dropped. He went on to explain that the decision made by the City Council would be upheld. City Council Agenda Session Presentations: City Council Tour: Date: October 3, 2022 Time: 4:00 p.m. Address: 2992 N. Oak Bailey Dr. Parking: Parking is available on-street on Oak Bailey and on the extended driveway apron into the property from Oak Bailey. Request: Appeal by Council Members Bunch, Scroggin and Turk on behalf of a resident from the Planning Commission’s CUP approval for a 19-unit cluster housing development. Adjournment: 11:41 PM _____________________________ __________________________________ Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer City Council Meeting Minutes October 18, 2022 Page 1 of 34 113 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. 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, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council Member Bunch arrived after Roll Call at 5:32 PM. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: Assistant Fire Chief William Watts Special Recognition Brad Hardin, Fire Chief thanked the Mayor and Council for their time tonight. He stated that in 2018 the National Fire Protection Agency passed a code that all Air Packs had to be the same for every Firefighter in the Nation. He explained that the cost of each new Air Pack was over $6,000 and the Fayetteville Fire Department had to replace all 76 of theirs. He noted that John Luther, representing Washington County, and Blake Holte, Springdale Fire Chief, were in attendance. He stated Chief Watts went to the County and presented the problem of needing to replace all of Fayetteville and surrounding departments Air Packs. He explained that the County put over five million dollars into this project and purchased 600 Air Packs, 1,200 Bottles and advanced 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 October 18, 2022 Page 2 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov technology that helps the Fire Department locate Fire Fighter’s that may be in danger. He believes that Assistant Fire Chief William Watts actions will likely save a Firefighter in the coming years. He wants to recognize Chief Watts for this tonight. William Watts, Assistant Fire Chief: Thank you. It is humbling to receive recognition for a project like this. I want each of you to know the success of this project wasn’t because of one person, it was because of many people. There were fire service supporters and leaders across Washington County, on behalf of all of them, I am proud to accept this recognition. I want to thank you. Mayor Jordan: Congratulations Chief Watts, well deserved. City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None Consent: Approval of the September 20, 2022 City Council Meeting Minutes. APPROVED 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. Resolution 238-22 as recorded in the office of the City Clerk 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. Resolution 239-22 as recorded in the office of the City Clerk 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. Resolution 240-22 as recorded in the office of the City Clerk 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. City Council Meeting Minutes October 18, 2022 Page 3 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Resolution 241-22 as recorded in the office of the City Clerk 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. Resolution 242-22 as recorded in the office of the City Clerk 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. Resolution 243-22 as recorded in the office of the City Clerk 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. Resolution 244-22 as recorded in the office of the City Clerk 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. Resolution 245-22 as recorded in the office of the City Clerk 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. Resolution 246-22 as recorded in the office of the City Clerk 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. Resolution 247-22 as recorded in the office of the City Clerk 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 City Council Meeting Minutes October 18, 2022 Page 4 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 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. Resolution 248-22 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: 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. Council Member Bunch 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. Britin Bostick, Long Range Planning/Special Projects Manager gave a brief description of her reasoning for considering this item. She stated there is a sunset in the current provision so this item would automatically repeal on December 20th, 2022. She explained that if the Council wanted to continue or make amendments to this ordinance without including an emergency clause, they would need to do so by the November 15th, 2022 City Council Meeting. She briefly spoke about the key points on the Memo staff provided for the Council Members. She answered a question from the Council that was asked at Agenda Session on whether or not an affidavit would be a piece of this, she answered that there are a lot of cities across the country that use an affidavit when an application is submitted for a business license or an approval for a Short-Term Rental, those affidavits tend to be focused on acknowledging policies and rules. She explained that Jersey City, New Jersey included a section to confirm Code Compliance and whether or not there had been any dangerous conditions or violations issued. She stated that in reviewing several dozen cities and what they do, New Jersey stood out as a different approach to an affidavit requirement. She continued on to describe the Staff Memo. The City Council received three public comments regarding this ordinance. Council Member Kinion: I would like to leave this on the Second Reading. I’ve got a lot of conversation with a lot of the neighborhoods regarding this. Most of the neighborhoods want to keep the conditional use, as was mentioned tonight. We need to take more time at looking at the administrative burden and how that would be covered, as we move forward, regardless of what we do. We have a lot of work to do in managing the Short-Term Rentals across this city. We need to look into the density, not city wide, but by some other method. That’s going to take some time to figure out, I don’t have the answer. I know that is a concern. If the total number in the City was City Council Meeting Minutes October 18, 2022 Page 5 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov concentrated in one neighborhood then it would take out a neighborhood easily. If you look at the map, there are concentrations of Short-Term Rentals in neighborhoods based on the availability of property that was purchased as well as the location. I’m glad we are talking about this; we knew it was going to occur as we looked at the sunset clause expiring. I hope we can keep this on the Second Reading until there is more input and modification of the activity as we move forward by some type of ordinance improvement. Council Member Turk: I agree, I hope we hold it on the Second Reading tonight. I’m interested in seeing how we can find out more about these 300 Short-Term Rentals that are operating without a license. If that requires hiring a third party to come and do that kind of investigation and relieving some of the burden from the staff, I think that would be money well spent. I’m in favor of that and increasing the penalties. My understanding is that we only have the option of going to the City Prosecutor. I don’t believe that is a realistic way to deal with it and it’s overly burdensome on the prosecutor. There are other tools we can investigate that would be much more effective and have less overhead such as; if you are in violation and have been notified that you are operating illegally, you won’t be able to get a license for six months. That would send a strong message that we are serious. I’m interested in staff looking into those kinds of mechanisms that are easier to manage and much more effective. The limits in neighborhoods; how challenging would that be in terms of GIS? Can we really identify those neighborhoods effectively and combine the neighborhood with the zoning type too? Maybe not every neighborhood needs to have the same kind of cap because their zoning type might be different, or it could be similar. A lot more exploration is needed. Having 300 out of compliance, that is a considerable amount of revenue being lost. I also asked about maybe how much staff time is being used to manage the Short-Term Rentals because if we’re generating this much revenue, but staff time is taking so much more than that to manage, we should know that. That’s a money losing investment in our city. I have more questions and need more information before I can support moving forward in any meaningful way. Council Member Scroggin: I’m good with holding this, we need to look at it more. Neighborhoods still need to have a say so I can’t remove this. I’m a little apprehensive on neighborhood and street caps. I don’t like it when we have government controlled monopolies where we say that, ‘Well you’re the first three so you get it forever.’ If we have too many then maybe we need to raise fees or something of that nature to make sure it’s balanced, but not something to say, ‘Hey well they got it first, so they get it forever.’ That’s always been an issue when we see the government protecting monopolies for certain people that already have it, so I’m a little apprehensive on that. But, absolutely, neighborhoods still need a way to say if these are working or not. Council Member Hertzberg: I would like to hold this. I agree with Council Member Scroggin on the density cap for a neighborhood. I know I was one of the ones that discussed that in the beginning but after further thought, that might be a little too much control for us. The Conditional Use Permit might be the way to do that. We should keep it the way it is because then each neighborhood could be looked at as a case by case scenario. We can then make decisions based on neighborhood input. I don’t think we should let the sunset clause expire, we have done a lot of work on this ordinance and it’s close. We need to keep tweaking it. Maybe we could push the sunset clause back a little while we work on it more. As of right now, either update the sunset clause or solidify this ordinance and keep Conditional Use Permit. City Council Meeting Minutes October 18, 2022 Page 6 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr: I would be interested in extending the sunset clause versus making this a rule that had no sunset. It would be hard to remove from the books if we decided things were not working for our residents if we made it permanent and perpetual. I like the idea of extending. I’m interested in the discussion about limiting this to 1% of single family homes versus 2%. As far as fees, people have said the city is making money on this; yes, there is some tax revenue coming in. But the fees should be commensurate with the cost of reviewing, holding public hearings, inspecting and enforcing. There should be a cost worn by the applicants who want to offer their property as a Short-Term Rental that the rest of the community should not be bearing. I would like to see an analysis of what an appropriate fee would be to apply. Council Member Hertzberg mentioned proposing this noncompliance issue to the University to see if a student would be interested in researching all of the addresses for the noncompliant Airbnb’s and cross-referencing those with businesses licenses. This ordinance was left on the Second Reading. New Business: 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. Wade Abernathy, Bond Projects & Construction Manager gave a brief description of the Letter of Intent received. He stated that Vicki Bronson, with Conner & Winters, LLP, is available for questions relating to the specifics of the Letter of Intent. He noted that Rob Sharp, representing Reindl Properties, Inc., was present and will discuss the steps moving forward in a presentation. He stated Nathan Foley, with Nelson Byrd Woltz, is available via zoom for questions regarding the design. Devin Howland, Director of Economic Vitality spoke briefly on the economic impacts of the project and made a few notes on the site that he wanted the Council to be aware of. He stated staff estimate this project will bring in roughly $940,000 in direct economic benefits. He believes this is the ideal place to put a hotel and it would further the goal of making Dickson Street more diversified. He noted he is available to answer questions. Rob Sharp, Applicant gave a brief slide show presentation and spoke of the idea behind this project. He noted John Teeter, President, and Scott Stokenbury, Vice President of C.R. Crawford were in attendance and available for questions. He noted that Kelly Ross, Jay Alexander and Laurens Nicholson representing Windsor Aughtry were available via zoom for questions regarding the hotel business. He stated the net income for the city from this project would be $86,000 more a year, which is a 4.3% jump in revenue. Council Member Hertzberg: How do you plan to address the overflow parking of those 30% that opt out of valet? City Council Meeting Minutes October 18, 2022 Page 7 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Rob Sharp: The 30% that show up and don’t valet are going to find a parking space like everybody else. They will park at the Church of Christ lot or they’re going to go to the Spring Street Deck and pay or the new parking deck. Council Member Turk: You’re not calculating where the staff of the hotel will park and how they will get transportation there? Rob Sharp: Great point. One of the key parking strategies is that staff/employee parking will be offsite. It’s not beneficial if we let the staff employees park right at the foot of the hotel. Council Member Turk: I didn’t see that accounted for in any of your calculations and it would be helpful to have a map of exactly where the parking that’s not being used right now and distances from that. We’re still a culture of the south and people like to park close by, so that’ll be a shift. Rob Sharp: I can speak to that in terms of we’re not expecting people to park four or five blocks away and walk. They’re going to go to the hotel, and we’ll valet. The spaces that aren’t being used on evenings and weekends such as the lot on Mountain Street where City Employees park with about 100 spaces and it’s gated and lit, it’s something that on Friday, Saturday, Sunday and in the evenings it’s not used at all. That’s a place that could be valeted to. We’ve also talked about the Town Center Deck that is underutilized on the weekend and when the Police Station moves that will free up spaces on the deck and the parking lot on Rock Street. There’s quite a bit and it’s almost invisible, you don’t think of it because no one ever uses it if you don’t work at the City. Those are the places where in the hot times we’re going to be valeting to. Council Member Turk: Having that represented visually would be very helpful. Susan Norton, Chief of Staff: I would like to add that our Parking System Manager, Justin Clay, is here for further parking discussion questions. We can easily provide that map for you. Council Member Scroggin: Have you had any conversations with the University of Arkansas? The largest parking deck in Arkansas is within walking distance of where this could be and on the weekends it is never full. Rob Sharp: We had a good meeting with the University of Arkansas. We talked in general terms about whether they were going to build a hotel, parking and the benefit to them of having a place when they have guests. Parking for them is a third rail just as it is with us, so they didn’t want to talk about any parking sharing. I agree it’s there but it’s not on the table. Council Member Wiederkehr: Do you intend to have a Banquet Hall? If so, what is its capacity for people to come and be let out at the same time? Rob Sharp: I would like to get Windsor Aughtry to talk about the Banquet Hall if they are available on zoom. Jay Alexander, Windsor Aughtry Representative: What in particular on the question of event space? City Council Meeting Minutes October 18, 2022 Page 8 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Wiederkehr: I’m curious about a Banquet Hall use traditional to hotels, what you envision that occupancy load being and if you’re going to have any kind of an employee count estimate? Will you have any conference capacities and what are you anticipating in occupancy loads for a hotel? Jay Alexander: A lot of that will depend on the life safety, exits, size and the market. In a lot of ways, it is to be determined as to what the size will be. It will be a combination of event space that could be changed in terms of the size with partitions so there could be a larger banquet space and a smaller meeting space within the same area. Rob Sharp: That falls into the category of things that if we could get a green light and general agreement moving forward, we can work on the details and find out how many occupants and events the Banquet Hall will support. We’ve gone through a lot of detail but we’re bumping up against the level of detail we can provide without getting a greenlight forward. By the time we present this for Planned Zoning District, we’ll have it down to the square foot and number of occupants worked out. Council Member Wiederkehr: The original proposal is seven stories and a 170 something room hotel, now you’re down to 130. Do you envision it being six stories? Are you anticipating additional office or is that going to be event space? Rob Sharp: In order to make this project work, our commitment is to keep it at seven stories because that is what the zoning is by right. It’s a good scale for that site. 134 hotel rooms are what our market studies are pointing us to. Any extra space, and whatever we need to do to fill that building to generate the income to make this successful, is what we’re going to do. Should we get the greenlight from the Council, we can go forward and be very specific about what that would be. Council Member Kinion: When we look at this we look at the projected operations, the projected uses and the projected numbers. I’m thinking about the history and the cycle we’ve had with the Hilton Hotel and how that was exciting when it opened, but it has certainly come and gone. The difference there is it’s in an area that is not a park. It’s not a central anchor of an area. This is an anchor of a public space, so it needs to, in my mind since it’s initiated by Public Funds with a bond issue, make sure that we have some type of commitment to the community as a whole and as a public facility. I’m familiar with what started as the Excelsior Hotel, I’ve stayed there for years for business. The valet parking you mentioned is not convenient and it’s not always the ideal situation, although their valet parking is right across the way. It’s not out of the hotspot, whatever that is. I don’t think that’s a good way to compare it because if you’re moving these cars out of the hotspot, that’s pretty far away. Where is that? Rob Sharp: If this item should get tabled tonight, we would take that time to provide some of those graphics that show where it is. Council Member Kinion explained that when he travels, he doesn’t want to wait to get his car from the valet because he likes to come and go easily. He briefly spoke of his own personal experiences regarding events and parking. He stated it is important we accommodate the Region because it is the biggest part of money that’s coming in for the Entertainment District and they City Council Meeting Minutes October 18, 2022 Page 9 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov would expect parking. He stated that in the Arts Center area, TheatreSquared is down 40%, but believes they will build back up. He stated in order to do that, they would have to look at the demographics of people that are older who have money to spend going out for dinner and they have to accommodate for their automobiles since we don’t have public transportation. He suggested that they hold off on the item so they could receive better feedback. Rob Sharp stated they have made several presentations to the Cultural Arts Corridor Steering Committee, Fayetteville Arts Council, Walton Arts Center Board and have also given information to the media. Council Member Kinion: I hope there is a feeling that this is an item that fits into what residents voted for because it is public money that put all of this together. We have to get across a point because we voted for this and its public funds, how does it really impact me as a taxpayer that is financing the bonds? Rob Sharp: I should have emphasized this when I talked about parking, my client is making a 50 million dollar bet that the parking is going to work. If the parking doesn’t work, and if his consultants are wrong and he gets it wrong, he’s going to suffer more than anyone in this room. It’s a quantum leap forward and there’s going to be some scary parts. We’ve taken it as far as we can, and I look forward to taking it to the finish line. We need a lot more input on it. Council Member Kinion: This is the heart of Ward 2, so I have interest in representing the voice of that area. I’m not trying to be tough and pessimistic, it’s just a lot to think about. Rob Sharp: I always appreciate caution in an Elected Official. Council Member Bunch stated she does not share Council Member Kinion’s fear of valet parking because she likes to stay at a hotel and walk to everything. She recognizes the hot spot of parking can change over time as things develop and in the future there may be greater demands on parking. She is in favor of holding the item in order to receive more information. Council Member Jones: Mayor Jordan, is there are time that we need to make a decision? Mayor Jordan: No, I don’t think there’s a time. You make a decision when you get ready to. Council Member Jones: I wasn’t sure if there was a deadline because I do echo what Council Member Kinion said, I think we should wait. I’ve had conversations this past Saturday with some business owners and they had some concerns. Susan Norton: We have plenty of time to do what you all are suggesting and have more interaction with the community. The time constraint would be with when we would like to have the issue resolved so we can get on with the final design of the construction documents for the plaza, and that was what Wade tried to point out in his earlier questions. Those I believe were due in January, so we hope to have this resolved before the end of the year. City Council Meeting Minutes October 18, 2022 Page 10 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Jordan: Everything is setting up on a time and every time we delay a project, you all have been through some of the projects we have delayed, it costs more per year. Wade, what do you think in regard to a decision to be made? Wade Abernathy: If we’re working to get the construction drawings to be complete so we can bid in January, so obviously there’s some coordination, what we’re trying to do is once we get approved to move forward we’ve got some refinement to do with the landscape architects around the building footprint. If we can get something in November that would be good. Council Member Bunch: Does everybody think maybe two weeks? Mr. Sharp, two weeks for our next meeting that you could get the information? Rob Sharp: I’d like to hear all the public comment we have this evening because some things may come up that we can answer immediately, or it may take longer than two weeks. Council Member Turk: When the public voted on this, they voted on a South building. They did not vote on a hotel. I’m surprised we have to have construction designs on something the public did not necessarily vote on before we move forward. I’m feeling rushed about this even though you’ve pointed out all the steps you’ve done to get to where we are here. But this is a second very large project in the Corridor that, again, the public probably did not anticipate happening. If you could explain a little bit more that would be helpful to us. Wade Abernathy: Some of the coordination is with the stage and the backstage area that is a part of the Corridor and how that would back up to the building footprint that Mr. Sharp is working on. We need elevations and the actual layout of the building to coordinate that. Council Member Turk: Is there any intermediate way you could do that without getting approval by November? Wade Abernathy: It’s like the Mayor says, we’re going to build a plaza regardless. If we have to go from the back to the front to work that in, ideally, we would have the information up front. City Attorney Kit Williams: Wade, do you know when the deck is supposed to be fully operational? Wade Abernathy: We hope to have it substantially complete in the Spring of 2024. City Attorney Kit Williams: When is it going to be operational? That’s a requirement before you start taking away any other spaces; it has to be operational. Ted Belden said August, is that wrong? Wade Abernathy: Substantially complete means you can use it for its intended use. City Attorney Kit Williams: When Ted Belden said it wouldn’t be finished until August, that’s incorrect? Susan Norton: I don’t know why Ted Belden would understand the construction. City Council Meeting Minutes October 18, 2022 Page 11 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Attorney Kit Williams: He sent a letter. Wade Abernathy: Yeah, I don’t agree with that. Council Member Bunch spoke briefly of the bond initiative and how it covered a broad idea of the Arts Corridor and how there have been discussions about this type of use for the space. Susan Norton explained there have been numerous members of staff participating in the project and they are available for questions as well. Council Member Bunch: Should we start with that now or should we go into public comment? Mayor Jordan: That is up to you. I will tell you; I showed a building on the South End and I showed a building on the North End 18 times because I can remember when I campaigned for the Bond Project. We did not define what they were, I just said there will be a large building on the South End and a building on the North End. I want to clarify that I did not specify that we are going to put a hotel down here, but everybody knew going into that the design that we had got all kinds of public comment on, I showed that particular design and did not define what those buildings were. Susan Norton: Mayor, you were also consistent with your message about active use and cash registers ringing. Mayor Jordan: Yes, I was to the point on that. We have to have tax pace to operate this city. I have to admit, I’m watching two brand new hotels go up in the city to the North of us and that causes concern because we’re all competing for the same tax dollars in the Region. I’m not saying that didn’t cross my mind. Let’s take some public comment. On October 31, 2022 the Office of the City Clerk Treasurer received a request from the City Attorney's office for all public comment to be transcribed for item C.1, Reindl Properties, Inc. Richard Gathright, 21 E. Center Street: I’m a Downtown resident, local realtor and I’m also the Director of Northwest Arkansas Pride, which in that capacity I’m here tonight. We’ve been having conversations about the upper Ramble for awhile now with City Staff and other folks. We are very excited about it, it gives us the opportunity to have infrastructure, facilities that we don’t have access to now and a beautiful space to host Northwest Arkansas Pride. When I took over in 2018, we had 15,000 attendees and this past summer we have grown to over 30,000 attendees. I believe we are the largest festival in Fayetteville aside from Razorback weekends. The main reasons this hotel is a good idea, and I would encourage you all to vote for this Letter of Intent, is because it creates more hotel rooms in the Downtown area, especially right on the Ramble. That gives our festival goers a really exciting place to stay that can be right at the festival, view the parade, participate in bars, restaurants, shops and other activities in Fayetteville. The second reason is, at some point, we’re going to start running into issues with dressing rooms and green rooms. Right now, we’re using the Walton Arts Center, but there are times where they have shows loading in and out and that does not give us access to the back of the house facilities that we need for our entertainers and VIP’s we bring in for Pride. This hotel would give us hotel rooms where they City Council Meeting Minutes October 18, 2022 Page 12 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov could shower, stay, use the bathroom, and meeting spaces that could be turned into green rooms so they’re not having to sit outside in 100 degree weather under a tent before they go on stage. The third is that it also gives us additional bathrooms, which is always something that is necessary to have a festival of this size. The right people are involved in this; Rob and Brian are great leads to facilitate this and Northwest Arkansas Equality and Northwest Arkansas Pride are very impressed with the conceptual photos and other things we have seen over the past year or so. I definitely have questions about the parking and all of that, but that can be sorted out and I would love to see this project go forward and not get delayed any more than is necessary. I want to thank you all for having me tonight and please think about voting yes for this Letter of Intent. Ben Clark, Owner of B-Unlimited: When I saw this was on the docket, I wanted to jump at the opportunity. We bring in lots of people; customers and vendors from all over the world. They fly in and we pick them up from the airport, set them up at the hotel, usually the Graduate as of now, but a lot of times it’s booked up and we’re not able to get it for the amount of rooms we need. This is very appealing to us, as a business, to be able to host people in Downtown Fayetteville where they could go out and we could gather at the local bars and restaurants when we bring them to show our beautiful City off. I think it’s a slam dunk. I know Brian Reindl and Rob Sharp, those guys and everything I’ve seen them do have just been incredible, all the way up and down Dickson Street, Block Street and on the Square. They’re the right team and they’ve got a good group together. Crawford has obviously been around for a while in Fayetteville, it’s a Fayetteville company, they will do a great job orchestrating this and working with the City with a big development like we’re doing right now with B-Unlimited on the southside. I just wanted to let everybody know that B-Unlimited votes yes and I know how these projects can linger on, I hope that we don’t lose it because right now we’re having to send people up north and we don’t like that. We want to keep people close to our business and our headquarters and we want to show off Dickson and Block Street and what Fayetteville has to offer down there. It’s very cool and unique compared to all the other cities that I get to travel to. The other thing is, with valet parking, I travel quite a bit and I stay at a lot of boutique hotels similar to this one. With the technology now, you send your car tag number down on a text thread and they’ll tell you exactly when it’s ready so you can do that ahead of time and know your car is there and ready to be picked up when you come down to the hotel lobby. I don’t think that’s going to be any kind of issue. Knowing Brian Reindl and knowing this group, those are things that will get ironed out for sure. I appreciate your time and I wanted to let you all know that B-Unlimited and myself are for this hotel being built there. Jerry Davis, General Manager for 21st Amendment: I wanted to give our opinion on this, we are 100% for the hotel. I remember being in a meeting with Mayor Jordan, probably about two years ago I don’t exactly know when it was, but when he was asked about the Cultural Arts Corridor as a whole he used the words world class and that has always stuck with me. Just hearing that word, I was like, man this is actually going to be an amazing thing that’s getting brought to Downtown Fayetteville. Everything that’s happened thus far has been nothing short of world class. It’s been amazing to see all the construction on everything and see how Downtown Fayetteville has changed as far as I’ve been on Dickson Street, for the past ten years. Everyone has done a great job with that. I will say, this hotel is going to be nothing short of that world class as well. This is exactly what we need. My only reservation is the parking. I’m a believer in the valet, I do believe it will work, but the people that will be coming to Fayetteville are smarter than what this valet is going to provide. Where are these cars going to go when they get valet? Timing is everything and I think City Council Meeting Minutes October 18, 2022 Page 13 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov that Council Member Kinion hit that nail on the head pretty well. People are impatient and ready to get their cars now. I know myself personally, if I was staying Downtown in Fayetteville, I think for the first year or so this is probably going to work. About three or four years down the road, if we just look ahead, people are going to get smart and they’re going to understand that valet is going to cost them $20 to $30 per night. I don’t know the exact numbers, but when you can just go and park your vehicle in the parking deck or in the Spring Street parking lot or anywhere on Dickson Street and pay five dollars for a day; I would much rather do that than valet. It’s convenient, but it’s nothing for me to just walk down the street. The City of Fayetteville has made it a little more convenient because all you have to do is put in your tag number on a app and pay the money. You don’t even have to go to a pay station anymore, you can just do that and pay that $5 and you’re there all day. I think those numbers are slightly skewed, maybe that’s what it will be now, but if we’re looking ahead it’s going to change and it may not be efficient for the hotel, but my understanding is that you guys are going to be building parking spaces for it right now. Why can’t we just go ahead and double that and maybe do two levels of a parking deck to be able to fulfill most of those parking needs and not dump the rest of that onto Dickson Street, because I have a feeling that is what is going to ultimately end up happening when it comes to this parking. But, like I said, we’re 100% for this hotel. We need this hotel, it’s going to be world class, completely change the dynamic of Dickson Street and Downtown Fayetteville. We should probably table this. I’m not against it, but there are some questions that need to be answered when it comes to the parking to maybe get everyone on the same page so we can just get this thing figured out as quickly and efficiently as possible. I appreciate everyone’s time and hope you guys have a wonderful night. Mayor Jordan: Jerry, from what I understand, you think we should just go ahead and double the parking deck we’re doing now? Jerry Davis: I’m sorry Mayor, I think the hotel should double the parking more than what they are currently providing. Mayor Jordan: Okay, I misunderstood you. I thought the one that I’m building now. Anita Cowen, 1661 Wyman Road: I’ve lived and worked in Fayetteville my entire life. I’m proud to say I’ve ridden every trail in Fayetteville and I’m very active in our community. I currently work at the Community Creative Center, which is in the Walton Arts Center Nadine Baum Studios. The space directly behind the proposed hotel and, no, we have not been contacted about the impact this hotel would cause. For the last 25 years, I worked at local radio stations doing promotions and events. I’ve attended committee meetings with the City of Fayetteville Nonprofits Emergence Association to help plan and promote events. I’ve also created many events myself. I’ve been a part of Fayetteville for a very long time. I’m here today because somehow a park that was planned is now being offered up to development for a for-profit hotel, a space with a 360 view to the public. Several events I’ve created were held in local hotels, so I’ve spent an exuberant amount of time in the back of a hotel setting up for events. Hotels aren’t like monopoly pieces in a space, they require necessary but very ugly spaces. They have shipping docks, trash dumpsters, air conditioning units, grease traps- non that I saw in the plan today. All that our beautiful trail system will be wrapped around. Have you ever spent any time in the back of a hotel? I challenge the City Council and the City Officials to spend quality time behind a 150 room hotel and see if that’s where you want the City Council Meeting Minutes October 18, 2022 Page 14 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Lower Ramble to see when riding up to the Dickson Street along the beautiful Arts Corridor. This seven story hotel will be a divider instead of a uniter. It will block several businesses from Downtown and cause congestion and delay. The Community Creative Center circle drive is directly behind the proposed hotel, it will be full of Uber and Lyft drivers waiting for people to depart from the hotel, or drivers needing to make deliveries while the Community Creative Center is trying to load and unload children for summer camp. The City of Fayetteville has already gambled with a developer when they allowed one to tear down the historic Mountain Inn with a promise of rebuilding it and it didn’t happen. We already have the perfect place for a hotel; have them rebuild the needed anchor to our square in the Mountain Inn space, connect the Entertainment District with a free trolly that unites the square, Dickson Street and the surrounding areas. When I asked City Officials, how did we get here from one day approving a park and then one entity being given the jewel of Fayetteville’s real estate to develop a hotel? I’ve been told several times it was because only one person submitted plans. That makes me question the application process when one of top five places in the United States offers developers this opportunity and only receive one application. Was the process flawed? I don’t know. This hotel will not add to the state, it will divide and not be united. The purpose for this hotel is so people can stay where they want to be, but will they still want to be there when we take away the beauty that makes the City unique? We can accomplish this if we put the hotel in the Mountain Inn space and continue to build the park promised to the residents of Fayetteville and connect the Districts through free trolleys and transportation. My big worry is that we were talking about size and that hasn’t been outlined. Your maps did not show shipping, loading, unloading, trash dumpsters and all of these things necessary to have a hotel. It just showed a picturesque thing in the corner. I’ve seen the hotels; they don’t just look like that. I’m worried we don’t have a size and the green space is going to turn out to be just a front yard to a hotel in which people are afraid to play in. It won’t be what you dreamed, it’ll be a large hotel with a large event space, but not large enough to be useful in the event world. It will cause a lot of problems that we haven’t looked at. Again, no one has asked what it would do to the Visual Arts Studio at the beginning of the Arts Corridor. Thank you. Mark Scalise, 3268 Hearthstone Drive: I was shocked when I opened the paper on Sunday and I saw a hotel in that space. I’m going to be honest, I’m not up here to hear myself talk but I am going to absolutely echo what Council Member Turk had to say, as just a person in the community I did not anticipate when we were talking about Arts Corridor having a hotel. Echoing what Council Member Kinion said, I travel a lot and stay in a lot of hotels. The parking issue is big. Everybody wants to sweep it under the rug and say oh we’ll figure it out somehow it’ll all be okay, it won’t be okay unless you have a plan. Having some kid going blocks to find your car is not the answer, I promise you. Also, this young lady just had to say, I think she made some good points that should be considered. It is not just a beautiful building, there’s a lot more that goes into a hotel, which she said; the docks, the trash and everything else. It’s going to take up a big part of that parking lot and it is going to turn into a hotel with a front yard I’m afraid. I was just surprised, and I wanted to let you know that. That’s all I wanted to say. Thank you. Justin Tennant, former City Council Member: Good evening Mayor and members of the Council. It is always a pleasure to see you and talk to you, I thank you for the opportunity and when I see each one of you I thank you for your service. The City Staff and you put in amazing time and it should be thanked so thank you on behalf of myself. I come to you speaking on this from my perspective as a Fayetteville citizen, also a member of the Walton Arts Center Board and a former City Council Meeting Minutes October 18, 2022 Page 15 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov member of the Council. I used to memorize a lot of stuff, but years have gone by and now I’ve got notes. I want to say first and foremost, I’m not against a hotel. A well planned and well thought out with parking as one of those key stone items would be great for the Downtown area. I remember back when we campaigned for this and we talked about different uses for the building and we talked about multi-use, low cost housing possibilities, condos with retail and we talked about a lot of things. I never campaigned that this could possibly be a hotel. I know things change but had I gone to somebody then and said, I want you to vote because we’re going to ask the taxpayers to build a park, and then we’re going to sell a slice of it to be a public private partnership and build a hotel with no real plan for the additional parking that would be needed, I wouldn’t have wanted to have that conversation. That changes everything. I’m worried about the 200 or so cars that this hotel will bring on any given night. Mr. Sharp used a conservative estimate, I think he said 66 using his percentages. My worry is what if it’s a game week and two couples share a room, that’s two cars. What if there’s something going on at an event as you said that has nothing to do with the hotel it’s extra parking. Those are difficult things to deal with and I was in Memphis recently and stayed at a hotel off Bill Street that is valet parking and I purposefully asked the valet at the end of my stay when I got my car back, where do you valet park these cars and he told me. I drove to that spot and then measured, non-scientifically, the time and mileage it took me to get there. Then I came back, started at where this hotel might go, and I drove to places like the Town Center. I drove to some of the only open spaces that could even possibly be used for valet parking. I promise you it’s farther and it’s up a big hill no matter how you go. That’s a real problem and Mr. Sharp said something great, he said we can go back and show you details if you decide to table it and I hope that happens tonight. I would like to know things like the distance of where that valet is going to be and unless they hire the University of Arkansas Cross Country team I’m not sure who can get a car back and forth in any amount of time and I say that literally because I wouldn’t want to do it. We did have a Parking Study before when I was on the Council, it addressed parking in a broad range using a large map. There’s a Parking Study being done now by the Walton Arts Center and business owners and that will give us a much better realistic needing parking Downtown and what it will mean for projects like this. Again, I’m not against any hotel or any developer, I’m not against any of that. It has to be well thought out. I would ask that you as a Council wait till that study is completed at the very least, certainly wait for these details to come back that Mr. Sharp has promised. He said his investor has $50 million dollars at stake, I would say that the public has a lot at stake as well because there’s a lot of confusion on why now we have seemingly transformed this from some of the artistic space we were talking about and some of the things that were in those original plans are now being talked about for a for-profit hotel. Not against it, but it definitely warrants time and more conversation. There’s a lot at stake and this is really our only chance to do it. Thank you all very much for your time. Bo Counts, Owner of Pinpoint: I wasn’t going to talk about parking I promise, but after tonight’s meeting, because I’ve been in many of these meetings and we’ve all been in many of these meetings where we just shake our head and it’s like, oh can we not talk about parking. We did Parking Studies that say we don’t have a parking problem, we have a walkability problem, so let’s build these trails and encourage people to walk because that’s what makes a vibrant Downtown is walking. Now I’m sitting in a meeting that’s all about parking and lack of parking and as a business owner who has employees that we’ve begged for employee parking, it’s miraculously become an important topic in this meeting and not other meetings. For years Dickson Street business owners have gone, where do our employees park? Well I don’t know, figure it out. There’s employee City Council Meeting Minutes October 18, 2022 Page 16 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov parking nine miles that way. That’s where we did it. It’s been fascinating tonight seeing that now this is a big important topic; that’s not what I want to talk about. I just want to identify how odd that was. What I did want to talk about today is as a tenant of Brian Reindl’s, we’ve been like any tenant and resident, we’ve butted heads a lot. I have faith that Brian has passion for this community. The work that he’s done with that Metro District, remember when it was Experience Denim in an old train station, and he transformed that place that has been vibrant ever since. My building, which was literally condemned, instead of bulldozing it is now a vibrant place home to ten local businesses. We have a relationship. Rob Sharp walks down Block Street every day, his office is there. He has a vested interest in the success of this Downtown. Another thing that I wanted to mention is just the existence of a hotel. Everybody says we need more places to live that’s why Airbnb is such a big deal down in our Ward. Airbnb is a huge problem in our Ward and not to go off in another rabbit hole, but it was talked about today, we have a two percent cap. We talk about how two percent is a negligible number spread out over the City. Well, we just saw two percent of parking, somehow not negligible when it’s this issue. When you drill down two percent in one tiny area, it does become an issue. A two percent cap of Airbnbs on an entire city when it’s all in the Entertainment District creates a housing desert. You think okay, well where are all these people going to stay? Well, the need is there so they’re taking away workforce housing to turn into Airbnbs. If we put another 134 units where people can come and stay in luxury and not have to pay fees for doing laundry and take out trash and it’s a lot more convenient then we’ve also decreased the need for housing to be taken away from workforce renters to be turned into Short- Term Rentals. That’s something that I don’t think anyone’s really discussed that other larger cities do take into consideration, is a hotel provides places for these tourists to come. I have a business across the street from the Graduate, it’s booked up all the time and those customers walk right across the street and they patron our businesses. They have a tiny little parking deck behind there, but everybody seems to make it work. So many people come in from out of town, where do all the sports people stay? They stay there. The movie star that just came into my bar the other day stayed at the Chancellor. It’s full, always full. This is going to be a net positive, sure there’s going to be headaches along the way, and we do need to have that planned. If you guys know me you know I like a good plan. But, we did open Pandoras Box with the Arts Corridor, with public and private partnerships which I was there at the initial City Meeting, which I actually brought pizza I don’t know if you guys remember that, but we talked about what’s going to happen in these public private spaces. Well, we didn’t know then and now there’s stuff starting to happen and just because it’s a little bit different and uncomfortable, I don’t think we should immediately put it to the side because it’s a growing pain that we weren’t ready for. We weren’t ready for an Arts Corridor either and it’s coming, and we voted for it, we’re spending money on it and the uncomfortable elements that we have from this are going to not even remotely outweigh the net positives for our Downtown. As a member of this Downtown, I support it. Thank you. Jeff Coney, prior Campaign Chair: Hello Mayor and City Council. Mayor and I worked together on this Bond issue, I was Campaign Chair and I put Mayor Jordan to work for quite a few days. We’re happy that we did pass it because it has created a lot of opportunity, we see it happening all over Fayetteville. This was issued as Question 8 on the Ballot and my concern, first of all I want to say I kind of parallel what Justin just said, my concern is that we did not tell the voters this was going to be a hotel. We can make the argument that it was left open and there were all kinds of discussions during that time, all kinds of representations on what it might be. Lucky for us, the voters went and voted for it without having that firmed up and of course here we are today firming City Council Meeting Minutes October 18, 2022 Page 17 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov it up. I got to say that the City did attempt to show some possibilities in their renderings and those renderings were used throughout the Campaign. There was some discussion of how many stories and what it could be during those Campaign days. But, there is also overwhelming concern that two hotels come online at the same time down in that area, will they survive? The City is in talks with Belvin in house and that has not been concluded. Did we really want to take this on at the same time given the history of what happened in Downtown Fayetteville on the failed hotel project down there? I’m not trying to cast any stones at anybody, but there needs to be a tremendous amount of consideration before we enter into any agreement. If you would like to see, I’ve got copies of what the City posted up on its own website that Question 8 was. There is no mention of any building nor a hotel. Mayor Jordan: But there was in the renderings. Jeff Coney: Pardon? Mayor Jordan: There was in the renderings that we showed. But we did call it a hotel. Jeff Coney: I do acknowledge that. Mr. Scalise indicated that he probably would have had some difficulty supporting it had we told people we were going to be building a hotel, so there’s always the question of did we operate in good faith with the voters. Thank you, Mayor Jordan and Council. Ted Belden, 504 East Lafayette: My name was mentioned about a letter that I wrote to you all or a memo about the date of the parking deck being completed. We need to just verify that with Nabholz, they’re our contractor. I’ve been attending biweekly meetings with the contractor and I thought I was at a meeting that said it was going to be completed in July but that had no weather delays and we’re getting ready to have some bad weather like today. We’re going to have some bad weather days for the construction, and I think it’s going to be about August, but we can verify that with Nabholz for sure. We’ve all spent much time and money on this project we are calling the Cultural Arts Corridor. We are close to making the final decision on what we will do with the south end of the Ramble. We are not in agreement on what is the best solution, there’s no doubt about that in my mind. The City has previously said I don’t believe we can begin construction until August of next year when the parking deck will be completed. I’m fortunate to be involved in that project with Greg House and Mayor, when we built that the word catalyst, which I think is a great word to be utilized for future development, we wouldn’t have built that parking deck if we didn’t have the option to buy the Bank of Fayetteville parcel on the corner of Dickson and West. We do have that option and we are in the process of exercising that option right now. We do have a Letter of Intent with a hotel developer that we want to pursue, he does not want to be named but we are in the process of due diligence with a hotel developer for that site on Dickson and West. I’m glad everybody feels that a hotel in Downtown is needed and wanted. We plan to build one, right there on that site on the corner of Dickson and West using private funds. No City funds for that project at all. What I would propose that we do is take some time. We have the rights to build on the north end of the Ramble. Brian is a great guy and we have talked to Brian and he has a Request for Proposals that you all are considering here for the south end of the Ramble. We have landscape architects that have spent a lot of time trying to figure out what to do with this park. I’ve talked to them and I’ve asked them some questions about what they would do with these two ends of the park, they didn’t really answer because I don’t think they’ve been given the opportunity to look at City Council Meeting Minutes October 18, 2022 Page 18 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov what could happen to the park utilizing the south and north ends of the Ramble. We should talk to them about that. We need to have meetings with them and, we being stakeholders of the process, I think that Brian, Greg, myself, Rob Sharp, Chris an architect we’ve been working with, some Councils Members, Walton Arts Center folks, TheatreSquared Folks and probably a Dickson Street merchant. A Committee should be formed and take about three to four months to talk about what is best for this park. I don’t know what might come out of that, we might be back right where we are, but there’s a better solution here. I would like to have the time to be able to do that and would hope that you all would think the same way. There is going to be another hotel that’s being built in south Fayetteville right now called the Moxy off Martin Luther King Boulevard, we’ll build our hotel, I agree that the Mountain Inn site there’s plans for a hotel there so It’s going to be more hotels. Thank goodness for Downtown Fayetteville. I don’t think we need a hotel here in this location and I would like the opportunity to talk to other people about that. We do have, in our proposal, to build a food hall concept in the Civic Plaza building and that’s very much necessary. We will have a food component in this park for the community to utilize. Thank you very much. Steve Clark, President of the Fayetteville Chamber of Commerce: As you might suspect, any lawful business that’s coming to Fayetteville the Chamber is very excited about. Any business is something that makes us smile and we like to encourage that. One of the things that we have begun to realize at our organization is there’s more than just one more. As we look at this issue, and to the members of the Council, I was in the Mayor’s Office last week and I said, Mr. Mayor, so you will know, at this point the Chamber will not be supportive of this. Not because we think it’s a bad project, but we’re not sure there’s been enough information gathered. We didn’t go any deeper than that but at least there was that notice. That notice was to say we’re a growing City, the 2022 census said we have 98,000 plus, so the 2023 census is going to say we have 100,000 plus. At two percent a year that’s 2,000 people. Somebody moving here every six hours; moving here or being born here. The people who frequent the Entertainment District don’t often come to stay the night, they often come for the night. Early hours, more in the late hours than the early. They come for an experience that they can have. There are 200 plus businesses around that Entertainment District, not all of them are in hospitality or entertainment, but they’re still businesses that are there. We don’t have enough parking today. If those businesses are going to grow, and let’s say they want to have ambition to do something additionally, they want to put on an event or get permission to have a celebration, and whether they’re locally owned or corporately owned is not the issue. It is the effort. Do they have the opportunity to grow their business in place larger than what it is today based on a continually growing population? The projections are, by 2045, we’re over 155,000 people. That’s means there are more potential customers to come every year than there was the year before. If we didn’t have enough spaces last year, we won’t have enough spaces this year and if we don’t have enough spaces this year we won’t have enough spaces next year because the numbers of parties growing and we grow in one of the youngest demographic groups which are generally age 18-30. 7,000 freshman students don’t spend much time thinking about spending the night on Dickson Street and their parents don’t think much about that either honestly. The guests that come to the Walton Arts Center and TheatreSquared don’t usually think of that either, they can but there will be a continued improvement in the number of people who will want to be a participate in the Entertainment District. My concern is, and our concern is, there is not enough discussion. There needs to be a discussion with some of those businesses to say, do you have plans to expand? Do you have plans to add services or programs? Do you have plans to elevate what your presence is in the community because you think there’s an opportunity to do that? You give City Council Meeting Minutes October 18, 2022 Page 19 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov them an answer that says we’re going to plan for today and be happy with it. That’s very difficult for them to factor into their business growth. We are not opposed to any lawful business, so we’re certainly not opposed to a new hotel. We’re certainly not opposed to a new restaurant or a new rooftop bar, we’d be silly to do that. We are opposed to complicating a program more than it is already complicated by not taking into account what are the aspirations and intentions of those that are there. They’re there, they’ve spent their money they’ve bet whatever it is they are betting on this; their reputation, their fortune or their whatever it may be. We would ask you not to do this, not until you get some of the questions answered. I listened to the meeting before I got here, I’ve heard some of the questions from the members of the Council, they’re very good questions and there is no answer other than trust me. I don’t think that’s a good answer. Kevin Fry, 930 South Washington Avenue: Don’t you wish we would just write you letters instead of taking up five minutes of your time? I live in Ward 1 and I own a business in Ward 2 here on Dickson Street. I have been there for almost eight years on Dickson Street and the bummer that I have seen, for lack of better words, over the last eight years is a flip. That flip is people going north for entertainment, people going north for things that they enjoy whether that be restaurants, nice hotels and bars. When I first got here that was not true. When I came to school here that was not true. Everybody came to Fayetteville. My fear, as a business owner, as somebody who has invested multiple times in Fayetteville and will continue to do so because I love it, my fear is that we’re going to lose business to the north. I think this project, The Ramble, which I’m so excited about, is laying the foundation for the future of our City, especially our Downtown. For me it’s so important, and my family. My business has gone through some different stages, but the last reinvestment that we’ve made there actually took away some of the parking that we had and that was intentional. My experience of almost a decade on Dickson, in Downtown and the Entertainment District is that if you build things that draw people in they're going to be there. I know that's not really the question, I know that we don’t want to talk about parking. It's like that's the word we don't want to hear. My experience, though, is that we have made more money now as a small business when we took away parking and put other things in that place for people to come and enjoy, for people to be outside. To me, the future for my son here in Fayetteville, I have an eleven month old, I wouldn't be a dad if I didn't mention that; It's important. It's important for him to have things when he grows up to be proud of. That's what we're building here with The Ramble. Projects like this are important for us, we need them. We need to stop losing business to Bentonville, I'll say it, because I've experienced that firsthand and I’m tired of it. I want to see Fayetteville thrive. I want to be here for the rest of my life. Thank you all for your time. Council Member Bunch: I have a quick question Mr. Fry. I didn’t catch the name of your business. Kevin Fry: Puritan Coffee and Beer, we’re on the east end of Dickson. Council Member Bunch: Did you put in a pocket park or put in outdoor? Kevin Fry: We didn’t. The space there, part of that was owned by the landlord and it had parking spots on it. Instead, we opted to put food trucks there and to put an outdoor space. Council Member Bunch: Okay, thank you very much. City Council Meeting Minutes October 18, 2022 Page 20 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov David Russell, 2311 East Tall Oaks: I’ve lived in Fayetteville for over 25 years. Simply put, my opinion is we need a hotel in the Entertainment District in Fayetteville because of pressures from the north. I’m not going to recount all of the positives we've heard tonight. I'm not going to counter the negatives we've heard. I would like to see this move forward as quickly as possible. I've known Mr. Reindl for over ten years, and I've known C.R. Crawford Company for many years as well. I know that Mr. Reindl, anything that he touches and develops, and you can walk through any of them in Fayetteville, are first class. He doesn't do anything halfway and if he feels like this is a viable project, I know there's a question of viability, he will figure out if it’s not viable and I’m sure he feels like it is, or he wouldn’t be pursuing it. When you look at a hotel off the square that on certain weekends can charge almost $1,000 a room, that supply and demand tells you there's a need for a hotel. I'm not being critical of that hotel, you got to do what you go to do, but I don't know of many hotels that could do that if there was no demand for their space. I would like to see this move forward very quickly, not without consideration for the parking question, and I know that has probably been a question from the start. If this was in the City's Plan for this park to have a building there, I don't care what you put there, there's going to be a need for parking. This is not unique just because it's a hotel. Any viable business that you built there that would be more than two or three stories, parking is going to be an issue that would have to be addressed. I would like to see this move forward and I appreciate your time. Thank you. Kyle Smith, Ward 4: There are a couple of things that I love about the way this City operates, we plan for the future and we use data that's available to us to make good plans for the future. The last time I brought some data, Mr. Wiederkehr rightly pointed out that correlation and causation are distinct in the data. Today I have something a little more survey based for you, so I hope you'll take a point. A 2020 survey showed that 55% of millennials make an active effort to drive less and that's up from 45% a decade ago. 53% of them are interested in car share services, that’s not something we have available here, but more than half of millennials are interested in sharing a vehicle with somebody else so they can still get around and leave fewer cars on our roads. If you look at the comments tonight, whether it's from out here or the questions you all have had up there, you may notice a distinct generational divide between the folks who are worried about parking and folks who are looking at building a great Downtown where they can go and experience something besides parking. I hope that we're going to build for the future and look at the people that are going to be paying for this in the future. Nobody should be shocked we're talking about a hotel. There were buildings on both ends, and the schematics from day one, the very first time that we ever looked at a drawing from the landscape design Consultants, there were buildings on there of substantially the same footprint, substantially the same height, and their renderings were substantially the same aesthetic design as what we see tonight. What we see tonight is not final, you'll get more opportunities to nitpick the design later. Nobody should be surprised because this was there every step of the way and the great thing about our meetings; they're all on video. I think if you went back and looked, you’d find we were talking about hotels during some of it. It was never defined but when we talk about stage facilities for the Plaza and the support that will need, a hotel was a natural fit. I know I talked about it. You've got a 2017 Parking Plan that Justin mentioned, it's available on website. It’s got great maps, it’s got pictures, it’s got zones of Downtown and how many vacant spots were available by times of the day. It was super detailed and it covered a nice broad area of Downtown. That is data you can use and I hope people trust our engineers and our parking staff. One of the hazards of data and a study like that is, you can redesign the parameters of the study and get pretty much any result that you want out of it. I hope City Council Meeting Minutes October 18, 2022 Page 21 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov when the other study comes forward that you'll look closely at the methodology they use and see if it really addresses the details of the whole Downtown, because it is people parking in one area and going back and forth. We got rid of parking minimums in the City because the idea is that if you trust the market and trust developers, they're going to know their product better than we will, and they're going to make decisions that are going to be financially feasible. They're not going to go build something that's going to bankrupt itself because of lack of parking. I hope that we'll do that here, that we'll trust them to make the decision. I know valet sounds newfangled and different, and a little unusual. You may not be the market for this hotel if you don't want to use valet, but somebody will. It's going to work. Looking at my time, I will skip that last idea and say, look around at the folks that you have up there. It would be real easy to table this looking for a majority or looking for unanimous consent, you don't need eight. You just need five and that’s four if you count the Mayor. Thank you. Council Member Jones spoke briefly of how there are multiple hotels on Wedington still in business, so he does not believe competition is a problem. He stated he has taken into consideration the parking issue. He believes this will contribute to Fayetteville’s quality of life. Cynthia Courage Hollow, 2054 North Barrington Park: I'm going to be really short here. I've listened to all the various comments and my point is hotels are a business, and this is obviously an opportunity to capitalize on what is going to be very beautiful, what we've had in mind in developing the Arts Corridor. The question I have is, will the hotel be adding value to that vision? Or is it simply going to be using the opportunity of the views and the ambience to enhance the business? Which is how hotels capitalize on things. I have some concerns about that, about all the various details you've heard about, how businesses and hotels can impact cities. You can look at it historically and look at other cities, other areas, that have had hotels built around parks like Rittenhouse Square in Philadelphia and a number of other places, it has not really enhanced the original vision of that corridor or park or area. It's taken from it. Those are simple questions that we need to ask ourselves and it's not about the black hole of that space that was in the original design. How is it going to serve or add value to our community and what we hope to have in the Arts Corridor? Thank you. Council Member Scroggin thanked everyone that came out to speak and spoke briefly on Short Term Rentals. He believes we need more hotels and that if this hotel is built, it will get used. He agreed there should be a plan on parking going forward and he mentioned parking options. Council Member Jones: Someone mentioned a parking study, has that been done yet? Mayor Jordan: Downtown business owners are doing a parking study, correct? Susan Norton: Justin Clay is our representative on that process. Council Member Jones, it’s my understanding they are going to have a completion some time in December. Justin can clear that up when he brings back all the data you wanted to see. Council Member Bunch: We have our City Parking Study from 2017 that is readily available online for anyone to look at. That’s where we will probably get our information from for the new parking study on the Downtown, that has maps and everything with it. City Council Meeting Minutes October 18, 2022 Page 22 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Susan Norton stated that Justin Clay keeps current counts of the overall Downtown area as the Parking Systems Manager. She believes we have enough staff involved to have lots of information and she requested to be emailed any specific questions. Council Member Jones: I thought I heard starting the process in January, but then someone mentioned us reconvening on this item in two weeks. What will that look like? Mayor Jordan: I want you all to be comfortable, but I don’t know if you will all be comfortable with this particular topic. Whatever information that you want we’ll give it. I think Wade has got some bids, let’s go through that again. Wade Abernathy: The construction drawings on the Plaza will be complete in January so we can receive bids. Ideally, we’ve got some stuff pinned down and they can move forward so we can work the footprint of the building into those bid documents. Mayor Jordan: Keep in mind in that Plaza there is a boundary of where this hotel would start, but our original boundary is still the same as it was when we first started this project. The same turf. If this does not work, then the Corridor Plaza will still be constructed. Council Member Turk: It would be helpful to see that graphically in two weeks so we can see that clearly. Mayor Jordan: I will get you the boundary. Susan Norton: It is in your packet, but we will have it for display. Mayor Jordan: It shows the boundary, you need to see that. Susan Norton: Right, we chose not to go through those details tonight because we had so much to share. Anything like that we will be happy to pull out and highlight in another presentation. Mayor Jordan: And we’ll be happy, Council Member Turk, to provide you any maps you need for where that boundary is. Council Member Jones: There’s one other thing, I believe someone mentioned it, I think it was Devin; jobs. You mentioned how that would contribute to the city’s workforce. Devin, could you give us that number one more time? Devin Howland: I’d like to return to that in two weeks given they have a consultant with Windsor Aughtry, I would like to consult with the experts rather than the drawing. I don’t have those figures on me at this time, but I will return with those. Council Member Jones: Thank you. That’s important for the citizens of Fayetteville to know how that’s going to contribute to our workforce. City Council Meeting Minutes October 18, 2022 Page 23 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Jordan: Devin, I want you to also provide how many hotels are going in the Region. I know there’s two in Bentonville and there’s one coming up in Rogers and Springdale. Devin Howland: Yes, we will be ready to talk about that as well. Council Member Kinion: We’re talking about what’s on the table now and there’s the suggestion we might hold it. The discussion we’ve had this evening has allowed us to engage a conversation on all sides of the issue, we’ve heard from business owners and people who worked directly on the bond issue. I don’t think anyone here wants to destroy paradise and build a parking lot per say, they’re just looking for a solution of how this is going to work. I don’t think there was a flat out demand that there be no hotel, but we started here as discussion on how this would work. That’s the reason we should pause for a moment and let everyone have the opportunity to listen to all the comments brought forward tonight and come up with operational solutions so it can all work together. If we move forward, that’s fine. The way I’m looking at this is I want to hear everyone else, but I would prefer to slow down a few weeks and get everyone more on the same page. Council Member Harvey briefly spoke about the letter of support from the Fayetteville Arts Council to the Council Members. She stated the Fayetteville Arts Council had a lengthy discussion regarding the item and they liked the hotel they saw. She noted that the City does have public transportation available and uses valet parking everywhere she goes on vacation in order to not have to drive her car. She stated a hotel would greatly benefit all the businesses and she can’t imagine this being something we don’t need. She spoke about the many input session conversations. She briefly spoke about how there is still a lot to consider because there are things that were not touched on at this meeting and feels that they need more time. Council Member Bunch agreed with Council Member Scroggin regarding there being no place for people to stay the night when they are done in the Entertainment District. She stated we should provide things that will bring people to our area and this could be a nice feature for us to have so we don’t lose business and opportunities to places further North. She believes this will be a nice feature that will add to the park and plaza instead of taking away from it. She spoke of how they made it available for anyone to apply and they had received only one proposal. Council Member Turk stated she wanted to talk about Kit’s memo and how they need to take it seriously. She noted that they need to have more information, consideration and expand the discussion. She explained the last time the City did a Letter of Intent; they were told it wasn’t a binding contract but once they approved it there was no going back and it was a done deal. She stated it is important the public understands how their funds are being used and there needs to be a demonstration on how this is going to benefit them. She spoke of how she is concerned in regard to how the public is going to be entertained, how they are going to benefit, how is this not going to be a divider and how it will be cohesive. She explained that she wants to have more time to make sure they have all the information they need and all the public engagement from various sectors to be able to make a unified decision on this item. Council Member Hertzberg: I want to echo what Council Member Turk said and say I’m very much in support of this project, but I’m also concerned about parking. As soon as we get that taken care of, I will be very excited to vote yes on this. City Council Meeting Minutes October 18, 2022 Page 24 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Bunch: I would like to add something else as well since Kit’s Memo was brought up. Was your memo six pages, Kit? City Attorney Kit Williams: I sent out three Memos and the last one was when I was looking at the contract for something that you might be concerned about, I believe that might have been at least five pages. If it was six, I apologize. Council Member Bunch: We are always getting slammed at the last minute with emails, we’re going to vote on this tonight and I know Kit’s busy with a lot of things, but as I was reading through I was losing track of how many Memo’s I was getting. Sorry Kit, I know you were trying to be thorough and I appreciate that. We did hire an attorney to help us craft this contract because Kit is busy with a lot of things and I do value his opinion, but we hired someone who specializes in negotiations. Is Vicki Bronson available to explain the Letter of Intent? It’s my understanding when I’m looking at the Letter of Intent, I’m thinking if it doesn’t pan out then we don’t do it. I would like to hear her definition of the Letter of Intent and what it means for us and if we just have the one shot and once we sign it, it’s all out of our hands? Vicki Bronson: The Letter of Intent is intended to be a binding document, but there are a lot of conditions to it. There are several places where additional City Council approval is required, particularly when the final building design plans and specifications are presented, the City Council has to approve that. Whatever particular uses they want to put in the space, as far as bars and restaurants, has to be approved by the City even though there are broad categories of the types of businesses allowed within that District. The final plans have to be approved by the City. The basic design of it, as far the materials to be used and the way it looks, the developer has committed to completing the project in substantial conformant to the drawings you see and any significant deviation from that has to be approved by the City Council. There are steps along the way that City Council has additional input, but if the developer meets all those conditions then yes; it’s meant to be binding. In likewise, it’s meant to be binding on the developer. Mayor Jordan: Can the City Council put an Amendment on the Letter of Intent? Vicki Bronson: Certainly. City Attorney Kit Williams: I would just say there are conditions in this Letter of Intent. Almost all of those conditions, which could be an escape clause, are for the developer. If the City would approve this Letter of Intent it already has approved the design, size, height and location of the building because it says the building will substantially comply with the designs that have been submitted. If they submit something to you that looks like that, it must be approved. You don’t have a way to not approve it, you must approve it. The use units, it’s confusing in that paragraph about, ‘does the City have any authority to say no you can’t do this or not,’ so that needs to be clarified. I would like to have it where the City Council continues to have the power to decide the kind of uses you want to be done in this building. Obviously, it’s stuff that Mr. Reindl will need to have too, but I’m trying to preserve the City Council’s authority here to be able to still make decisions. That’s why I said if you approve it right now, the major decisions have been decided. It’s going to be decided where the land is, even though it’s going to have to be surveyed, it’s going to be decided by a third party appraiser on what the value is for the land whether you like it or not. City Council Meeting Minutes October 18, 2022 Page 25 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov The major decisions have been decided and when it comes to use units, that just needs to be tightened up so it’s clear the City Council has the authority on that. Susan Norton: I wanted to ask Vicki if she had any further comments since Council Member Bunch called on her with respect to use units or anything else you’ve been listening to? Vicki Bronson: Certainly. It would be easy to add specific use limitations if there are specific uses and the developer has to agree to these limitations or there is no agreement. If there’s particular uses the City Council wants to see in the document or wants to have prohibited in the document, that can be drafted and the parties can discuss and reach agreement on it. Council Member Bunch: I don’t have any other questions but one of the things that was brought up is there are certain zones around our city that allow certain things by right. Some of the things we’ve talked about tonight, like the height of the building and stuff, is that already zoned to allow a maximum seven story building, Jonathan? Jonathan Curth, Development Services Director: Yes, the property is Main Street/Center Zoning District and it allows for a seven story building. City Attorney Kit Williams: Keep in mind, this is City property that you control. You don’t have to agree to go up to the highest level. Secondly, this is going to be a Planned Zoning District and that controls its own height level. It’s not the underlying other zoning before the Planned Zoning District, so City Council still has the authority if you want to limit the height of the building. It doesn’t have to be seven stories; you can make it taller or shorter. It’s your property and you could even rezone it if you wanted to, but you wouldn’t have to because you can control it in the contract. There’s not a use by right of seven stories on your property. Mr. Reindl owns property adjacent to this on the South Side of the Parking Deck and if his land is zoned for seven stories, he could build seven stories there. But, your property you control. Council Member Bunch: One of the things you brought up, Kit, is that we’re talking about a Planned Zoning District and that’s really interesting to me because that does take a lot of things that we might be concerned about and says, ‘this is exactly pretty much what we’re going to do right here.’ It makes it a little clearer for us and the public to look into. Thank you Kit and Vicki. Council Member Wiederkehr briefly spoke of how he is in favor of a hotel and having one Downtown makes sense. He stated he would like to see a Shadow Study done on the shadow the building will cast on the city park and he would like to see the calculation for the 20 spaces being lost for the existing businesses to the South. He requested a dimension site plan be done on the pathway between the hotel and Mr. Reindl’s existing business showing a delivery trailer. He stated he has concerns about vehicle circulation being trapped when more delivery trucks are added. He stated he would like to know whether Windsor Aughtry will be the hotel manager or if they will broker a deal with another hotel operator and Windsor Aughtry will just be the consultant. He would like to see the legitimate viable uses be thought through with potential square footage. He briefly spoke of how he would like to see the financial arrangement discussed for movement of the trail and the land for that trail to reside on if the building placement causes the trail to be lost. He spoke of additional things he would like to be addressed at the next meeting. He mentioned City Council Meeting Minutes October 18, 2022 Page 26 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov that Mr. Reindl listed his property for sale with a commercial real estate firm and questioned why he is talking about doing a deal with someone who is listing their property to the South for sale and citing this hotel site. He spoke about the issues of valet parking. He stated part of the issue with the Letter of Intent is that it gives control of outdoor amplified sound to the hotel and he believes the city should control the amplification and speaker placement. He spoke about the building replicating the industrial look of the Ramble Hotel in Denver. He stated that he is not ready to sign the Letter of Intent or vote on the agreement after reading the memos from City Attorney Kit Williams. He believes that if they tighten the uses, look at the interface between the plaza and the building, show how the employees can park and demonstrate how they’re going to park 300 people at a banquet, in addition to hotel guest leaving at the same time and getting their valet cars delivered to them, he will be excited for voting yes to this project. Susan Norton: Mayor, I have Brian Reindl online and he is able to speak to the question that Council Member Wiederkehr brought up regarding the advertisement. Mr. Reindl, if you’d like to go ahead and speak to that rather than delay, you’re there to speak. Brian Reindl, Developer: Thank you all for taking a look at everything tonight and our proposal. I’m excited about bringing a hotel to Downtown, I think we can get through some of the question’s you guys have on the Letter of Interest. We tried our best in the Letter of Interest to nail everything down so there’s not a switch, this is what we’re going to build. If we do what we said we’re going to do, we’d like for that to be binding before we go out and spend millions of dollars. The parking is something, as Rob said earlier, if you’re spending 50 million dollars you want to make sure you have it worked out. We’re not planning on parking cars ¾ of a mile away and making customers mad. We have a plan; the valet people outside of this hotbox area. Is it as close as I want it to be? No, but I think we have a plan that will work. We’re still looking for better and closer options, which we’ve been clear about. Ideally, we would be within a quarter of a mile, so we absolutely are not leaving any stone unturned until we get that figured out because we want to have a great hotel for Downtown and we want people to have a great experience. We want to be the greatest hotel in the state of Arkansas and be a great amenity for the City. To answer Council Member Wiederkehr’s question about me having it for sale, it is not for sale. I have no interest in selling it. That was more or less an exercise to find out what the value was and you can go and talk to the guys there at Moses Tucker, they actually came to me and said if I want to know what my building is worth they can put it out on Capital Markets so I could find out quickly. I heard from them but had no interest in selling it. I want to build a hotel in Downtown Fayetteville. I’m a Fayetteville resident, I love Fayetteville. My office is right across the street from the hotel and that’s what I plan to do. As a lot of people talk about building hotels, a lot of people talk about making movies. I made a movie back in 2016, I don’t know if anyone saw it, it was Greater. I plan to build and bring a hotel to Fayetteville. If anyone would not want a beautiful hotel in Downtown Fayetteville then let me know, but I would love to build one. Council Member Wiederkehr: I commend you for wanting to pay a fair price for the City land that you would purchase. Do you see how I might be concerned that a traditional appraisal, because their based on prior sales, might not be reflective of the potential value of this site that adjoins your land? Or do you think I’m off base with that concern? City Council Meeting Minutes October 18, 2022 Page 27 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Brian Reindl: I understand. That’s a legitimate concern and it’s always hard when you’re getting appraisals, because you’re basing it on comps and recent comps. I don’t know a better way to do it. How do we know we’re going to be fair with each other? The fairest way to do it is to have one or two appraisals. If you guys have suggestions, I’m just trying to figure out is there another fairer way to determine value for something than appraisals? I don’t know it. Susan Norton: Wade and I have talked about this and Wade had a few comments about how we might go about that. Wade Abernathy: The appraisal we had done in 2019 takes into account improvements and this specific project was listed as some criteria in evaluating the value. When we move forward with selecting an appraisal firm, we will make sure that criteria is taken into account. We talked about going through our regular Request for Quote Process for selecting an appraiser, one that’s got the experience with these types of projects. Council Member Bunch: What he’s saying then is the appraisal is going to be based as if the building is already built? Excuse me, I mean the Plaza. One of the things I can’t help but think about is, Council Member Wiederkehr brought up the look of the building and it being an Industrial Building. I would ask anyone who has lived in Fayetteville for a long period of time to remember what Dickson Street used to look like, where the Walton Arts Center is I believe there was an Industrial Laundry there at one point in time. There were all sorts of things on Dickson Street and it’s been through lots of transformations, so just the fact that this is an Industrial looking building, I don’t think that’s the biggest issue for me. I don’t worry about it because I remember what things used to look like there and actually, I kind of regret that we don’t have some of the buildings that we used to have because it would be really neat to build onto. We can work through if we need three independent appraisals, we can get that. That should give us plenty to work with there and if we want to go through the Request for Quote Process we can do that as well. The appraisal part we can work through and make it be something that is comfortable, grounding and gives us a satisfactory number as a Council. We have to do that on other properties that we work with. I do have a question about the movement of the trail, I believe when we outlined these shadow buildings that were going to be there, wasn’t the movement of the trail discussed at some point in time? Susan Norton: Yes, it has been. Wade, are you prepared or should we bring that back? I know Matthew Mihalevich has been involved in that too. Wade Abernathy: The Greenway will now go through the center of the Plaza. We will have, what we’re talking about as far as the trail next to the Reindl Property, would be like a bypass trail if there’s an event in the Plaza. Currently it would go just to the North of Reindl’s businesses down there. Council Member Scroggin: I think this is a question for Rob Sharp. Several hours ago, you said you didn’t know if we needed to table for two weeks or more because you wanted to hear public comment. Do you have a better assessment of if two weeks will work for you? Rob Sharp: What was the material deadline if the meeting is in two weeks? City Council Meeting Minutes October 18, 2022 Page 28 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Susan Norton: For us to have the packet prepared to meet in two weeks? That would be next week, so it probably would not be prepared and ready in two weeks. Rob Sharp mentioned he would like to keep up the pace and meet again in two weeks and that there is a hint of a deadline in the January bid of the Plaza. He stated things like shadow studies and turning radius’s for delivery vehicles will be easy to do. He briefly spoke of the appraisal and that he’s glad they’re bringing forward a project where they are willing to pay full market value for the land and not ask for any handouts from the City. He explained that in two weeks they will have a parking plan with graphics, travel distances and more information. He noted Kit’s memo and stated that staff and Brian Reindl worked together well to come up with what they felt was an optimum proposal. Council Member Scroggin moved to table the item to the November 1, 2022 City Council meeting. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the November 1, 2022 City Council Meeting. 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. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Harvey 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 Harvey 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 6618 as Recorded in the office of the City Clerk §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. City Council Meeting Minutes October 18, 2022 Page 29 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: This ordinance has been needed for quite a while as you might hear because we have some people here to speak about it. There has been a trailer left in a paved alley between two houses for more than a year. That is illegal, so it was reported. The City Prosecutor filed charges but the person who was charged didn’t show up for Court. This is a little violation, it’s not much of a penalty, but that person didn’t show up for Court. There was a warrant for failure to appear, but that’s not a high priority on Police so the warrant has not been served yet. When this was brought to my attention by some individuals here, I looked in our Code Section and saw that all of our Police Initiated Non-Consensual Tow’s did not talk about a trailer and a trailer in an alley. I needed to have that amended, as I have done for you, to give the Police the rights to do that. One reason I just amended it here and didn’t write a special ordinance for it is because the current ordinance has all the due process protections that we are required to do when we remove somebody’s property without their consent. I’m ready to answer any questions and I know we have some people here that might want to speak to you. The City Council received 2 public comments regarding this ordinance. Council Member Turk: I have a question, I don’t know if this is to Jonathan, Kit or Billy Bryant with Code Compliance but does the City not have the authority right now to go and have Code Compliance clean up the right-of-way or require it? City Attorney Kit Williams: Yes, we have that right. I think they were waiting to get the trailer out of the way to be able to access the trash. Susan, I know you’ve been working on this too. Susan Norton, Chief of Staff: And Jonathan and Public Works, so Jonathan is prepared to speak to it. Jonathan Curth, Development Services Director: This issue seems like it’s at the confluence of a lot of complicated factors that many of which Mr. Williams outlined. Code Compliance doesn’t generally touch the right-of-way and that’s kind of where that complication comes in. They’ve been working with the property owner regarding all the trash on that private property, which has the complications regarding the property owners changing and warrants issued for arrest. This would kick off a series of actions that would take care of it, depending how the Council decides to approve this item, whether as an emergency clause or not. Tomorrow, staff would issue a series of letters to the adjoining property owners targeting one piece of property in particular advising them there would be a set series of days until the City would come in and clear the alley way and remove the trailer. There is a series of actions that would be triggered by this. Council Member Turk: Since this has brought this to a head that Code Compliance doesn’t usually go in the right-of-way, are you expanding that duty or have you considered about how this would work in a future situation without the impediment of a trailer or something like that? Jonathan Curth: We do, in the ordinance, have the authority to maintain and keep our right-of- way free of obstructions. This particular instance occurred because a trailer was brought in and there was a building safety concern about it being used as housing. An inspector visited and there City Council Meeting Minutes October 18, 2022 Page 30 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov was no indication at the time that it was used as housing. Over time, additional items have accumulated there while staff was focused on the property itself. Not to make excuses, but this was the result of several different varying ordinances and different parts of the City working over different parts of those ordinances and has acted as a good experience for us to better coordinate those in the future. For instance, in this one, Code is working the property, Transportation may be moving the trailer with the Police Department and then Transportation and Public Works coordinating on the trash removal if it can’t be worked out with the property owner. Council Member Bunch: Since this has changed hands, if the City goes in and does some cleanup does it not pass the cost of that onto the owner? Is that not going to be passed onto the new owner or is it passed onto the guy that ran off? Jonathan Curth: As our ordinances are currently written, we do not have the authority to put a lien on a property for work like this. That typically occurs on private property if we have to bring in one of our city contractors to clean just as we would if the City is cleaning out the right-of-way as they would if it’s obstructed by an abandoned vehicle that needed to be towed. Council Member Bunch: It’s just on the City then, the cost? Mayor Jordan: I think we will have to take care of it. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk: If we want to add an Emergency Clause, is that a separate motion or do we add it to the motion on the floor? City Attorney Kit Williams: I didn’t have one drafted up currently because this has been hanging fire for so long. That’s why I thought it sounded almost silly to put an Emergency Clause on something that has been in the works for months. Council Member Turk: Right, it’s just been held up so anything we can do to get it moving forward. If it’s not needed, then okay. There was brief discussion about starting communication tomorrow if this ordinance passes. City Council Meeting Minutes October 18, 2022 Page 31 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6619 as Recorded in the office of the City Clerk 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. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of this ordinance. He stated staff and the Planning Commission are in support of rezoning this property to Residential Single Family, 4 units per acre. He stated there was a significant amount of public opposition on the request to rezone this property to Residential Intermediate-Urban. He spoke of how when this request was amended at the second Planning Commission Meeting, to Residential Single Family, 4 units per acre, there were a few members of the public there who spoke. He stated one citizen was still in opposition of this request and the other citizen expressed general concerns about their frustration with the process as they have experienced it. He is available for questions and noted that Nathan Crouch, as the applicant with Blew & Associates P.A., is available via zoom. Nathan Crouch, Blew & Associates P.A. stated he is available for questions. Council Member Scroggin spoke briefly regarding the email about the concerned citizen and the color of the signs. He stated he does not feel like we need a new plan to add new colors to the signs and he apologizes for the citizen feeling slighted. He is glad that this item was reduced to Residential Single Family, 4 units per acre. 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 Turk stated she heard from the concerned resident as well and she expressed her thanks to Jonathan Curth for following up and speaking with the resident. Council Member Hertzberg believes this is much more agreeable as a rezone than Residential Intermediate-Urban, so she will be in support of this. 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. City Council Meeting Minutes October 18, 2022 Page 32 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6620 as Recorded in the office of the City Clerk 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. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of this ordinance. He noted that the infill score for the property is 9, not 8. He stated staff recommends in favor of the request and the Planning Commission felt similarly, voting unanimously 7-0 to forward the item to Council. He noted there has not been any public comment on the item and he is available for questions. He stated Bill Fugitt, Applicant, is available via zoom. Bill Fugitt, Applicant stated he has no comments but is available for questions. Council Member Harvey commented she is thankful for the visual and she has not heard anything in regard to this item. Council Member Jones stated he has not heard anything either. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member 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 6621 as Recorded in the office of the City Clerk 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. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes October 18, 2022 Page 33 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Jonathan Curth, Development Services Director gave a brief description of this ordinance. He stated that Mr. Williams noted Swepco had the highest degree of concern and they have programmed into this vacation a condition of approval dictating that the property owner will remove elements of the encroachment if need be. He stated that in return for that they are willing to consent to the easement being vacated. He noted staff is recommending in favor of this item and the applicant listed, Jody Thornton, is not present and he was unable to connect with representation before the meeting. City Attorney Kit Williams: My only concern is the applicant is not here. I would like for him to hear that third condition about removing the posts at his cost if the utility company requests it. It concerns me he’s not here to actually listen to this condition, even though I’m sure you’ve supplied him with that. We may want to just leave it on this reading and see if they will attend the next meeting because if he’s going to object to that I want to know that in public. I would like to ask him, if he’s here, whether he understands at any time in the future he might be required to move his canopy poles. Jonathan Curth believes that is a reasonable request if the Council wishes to go that route. He mentioned having concerns after the last two vacations because they had conditions from Swepco that the applicants were not aware of, despite submitting documents. This ordinance was left on the First Reading. 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. City Attorney Kit Williams read the ordinance. Council Member Wiederkehr noted that Mr. Haddaji has run a quality club and the Police Department has confirmed there have been no issues with the operation of his business. He stated that once the Police changed their opinion and became supportive of this, he became supportive as well to bring forward to Council. Brad Renfro, Investigative Captain noted he is there for Chief Reynolds. He stated they have no opposition and the VIP Club has been easy to work with. Robert Rhoads, Hall Estill Attorneys at Law: My client Sami Haddaji is sitting back there. I thank you for bringing this forward, it’s been a long night. You all deliberated in very fine fashion on the hotel issue, that was well done. I will not go into a lot because I suspect you all have read the letter I’ve written. I think you know we’re looking to change this but I would ask one thing; if you’re inclined to vote to change this to 2:00 AM, I do not know since this is an amendment of an ordinance, if it is effective immediately and if it’s not I would ask you do an emergency clause. City Attorney Kit Williams: This only affects a single club one time, so it’s not an ordinance of general and permanent nature. Therefore, it will be effective immediately. City Council Meeting Minutes October 18, 2022 Page 34 of 34 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Robert Rhoads: Thank you. With that we stand ready, willing and able to answer any kind of questions. Council Member Scroggin 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 Scroggin moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6622 as Recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff noted there is a 24th Annual Celebration of Trees set for October 29, 2022. City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 9:51 p.m. _____________________________ __________________________________ Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer Tuesday, October 25, 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 25, 2022City Council Agenda Session Tentative Agenda Zoom Information: Webinar ID: 827 1022 9384 Public Registration Link: https://us06web.zoom.us/webinar/register/WN_-t61MK9URx6J89BX6Irv3g Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1.2021-1091 MONTHLY FINANCIAL REPORT Proposed Agenda Additions A. Consent: A.1 2021-1061 APPROVAL OF THE OCTOBER 4, 2022 CITY COUNCIL MEETING MINUTES AND THE OCTOBER 18, 2022 CITY COUNCIL MEETING MINUTES A.2 2022-0916 SAMSARA, INC.: A RESOLUTION TO APPROVE A MASTER LICENSE, SERVICE AGREEMENT, AND QUOTE FROM SAMSARA, INC. FOR THE PURCHASE OF VEHICLE MONITORING EQUIPMENT AND SERVICES PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT ON AN AS NEEDED BASIS Page 2 City of Fayetteville, Arkansas Printed on 10/26/2022 October 25, 2022City Council Agenda Session Tentative Agenda A.3 2022-0934 POLICE DEPARTMENT AMMUNITION STATE CONTRACT: A RESOLUTION TO APPROVE THE PURCHASE OF AMMUNITION AS NEEDED BY THE FAYETTEVILLE POLICE DEPARTMENT FROM VARIOUS MANUFACTURERS, PURSUANT TO THE STATE OF ARKANSAS AMMUNITION CONTRACT, FOR AN INITIAL TERM THROUGH JANUARY 23, 2023 AND AS RENEWED BY THE STATE EACH YEAR THROUGH JANUARY 23, 2029 A.4 2022-0974 HAZMAT REVENUE FROM WASHINGTON COUNTY: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $4,169.00 RECOGNIZING HAZMAT SERVICES REVENUE RECEIVED FROM WASHINGTON COUNTY AND INCREASING THE RELATED EXPENSE BUDGET A.5 2022-0965 BIG BEAR SHREDDING: A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN RECORDS SHOWN ON THE ATTACHED AFFIDAVIT PURSUANT TO RELEVANT SECTIONS OF THE ARKANSAS CODE RELATED TO MAINTENANCE AND DESTRUCTION OF ACCOUNTING AND OTHER CITY RECORDS A.6 2022-0935 TSW, INC., WALKER PARK MASTER PLAN: A RESOLUTION TO AUTHORIZE A CONTRACT WITH TSW, INC., PURSUANT TO RFQ 22-01, SELECTION 10, IN THE AMOUNT OF $94,500.00, TO PROVIDE MASTER PLAN DESIGN SERVICES FOR WALKER COMMUNITY PARK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - PARK IMPROVEMENT BOND PROJECT Page 3 City of Fayetteville, Arkansas Printed on 10/26/2022 October 25, 2022City Council Agenda Session Tentative Agenda A.7 2022-0968 RODNEY RYAN PARK SIDEWALK: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $16,615.00 RECOGNIZING PARK LAND DEDICATION FEES FROM THE SOUTHWEST PARK QUADRANT TO BE USED FOR IMPROVEMENTS TO RODNEY RYAN PARK A.8 2022-0972 GRAYBAR ELECTRIC COMPANY, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF ELECTRICAL CONDUIT, WIRE AND FITTINGS FROM GRAYBAR ELECTRIC COMPANY, INC. IN THE AMOUNT OF $42,911.15 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT 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. At the October 18, 2022 City Council meeting, this ordinance was left on the second reading. Page 4 City of Fayetteville, Arkansas Printed on 10/26/2022 October 25, 2022City Council Agenda Session Tentative Agenda B.2 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 At the October 18, 2022 City Council meeting, this resolution was tabled to the November 1, 2022 City Council meeting. B.3 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 At the October 18, 2022 City Council meeting, this ordinance was left on the first reading. C. New Business: C.1 2022-0976 AMEND §162.01 (Z) UNIT 25 OFFICES, STUDIOS AND RELATED SERVICES: AN ORDINANCE TO AMEND §162.01 (Z) OFFICES, STUDIOS, AND RELATED SERVICES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ADD PERSONAL SERVICES D. City Council Agenda Session Presentations: D.1 2021-1092 AGENDA SESSION PRESENTATION - SALES TAX REPORT, PAUL BECKER AND ENERGY REPORT, PETER NIERENGARTEN Page 5 City of Fayetteville, Arkansas Printed on 10/26/2022 October 25, 2022City Council Agenda Session Tentative Agenda D.2 2022-0790 AGENDA SESSION PRESENTATION: ANNUAL ENERGY ACTION PLAN UPDATE - PETER NIERENGARTEN E. City Council Tour: F. Announcements: G. Adjournment Page 6 City of Fayetteville, Arkansas Printed on 10/26/2022 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2021-1091 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: ReportIn Control: City Council Meeting Agenda Number: 1. MONTHLY FINANCIAL REPORT Page 1 City of Fayetteville, Arkansas Printed on 10/26/2022 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2021-1061 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Meeting Agenda Number: A.1 APPROVAL OF THE OCTOBER 4, 2022 CITY COUNCIL MEETING MINUTES AND THE OCTOBER 18, 2022 CITY COUNCIL MEETING MINUTES Page 1 City of Fayetteville, Arkansas Printed on 10/26/2022 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0916 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.2 SAMSARA, INC.: A RESOLUTION TO APPROVE A MASTER LICENSE, SERVICE AGREEMENT, AND QUOTE FROM SAMSARA, INC. FOR THE PURCHASE OF VEHICLE MONITORING EQUIPMENT AND SERVICES PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT ON AN AS NEEDED BASIS 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 Master License, Service Agreement and Quote from Samsara, Inc. and authorizes Mayor Jordan to execute this Master License, Service Agreement, and Quote from Samsara, Inc. attached to this Resolution for the purchase of vehicle monitoring equipment and services pursuant to a Sourcewell Cooperative Purchasing Contract on an as needed basis. Page 1 City of Fayetteville, Arkansas Printed on 10/26/2022 10/11/2022 Submitted Date Yes ‐$ 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 Yes No ‐$ Project Number Budget Impact: Fund Various Account Number Project Title City of Fayetteville Staff Review Form 2022‐0916 Legistar File ID 11/1/2022 City Council Meeting Date ‐ Agenda Item Only A resolution to approve a Master License and Service Agreement and quote with Samsara Inc. for the purchase of vehicle monitoring equipment and services utilizing the Sourcewell contract 020221. N/A for Non‐Agenda Item Action Recommendation: Submitted By Keith Macedo INFORMATION TECHNOLOGY (170) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: MEETING OF NOVEMBER 1, 2022 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Keith Macedo, IT Director DATE: October 11, 2022 SUBJECT: Samsara Fleet Vehicle Monitoring and Reporting Contract RECOMMENDATION: A resolution to approve a Master License and Service Agreement and quote with Samsara Inc. for the purchase of vehicle monitoring equipment and services utilizing the Sourcewell contract 020221. BACKGROUND: The City currently has several Automatic Vehicle Location (AVL) systems that support operations in Police, Fire and Recycling and Trash. AVL systems provide vehicle location information, can be used to improve routing vehicles, and provide method to remotely obtain diagnostic information from vehicles. Each of the current AVL system are specific an existing application and are not optimized to serve general fleet vehicle needs. Over the last several years both Fleet staff and Department management have asked for a single AVL system that could be standardized on to provide vehicle location and vehicle diagnostic information for any fleet vehicle. DISCUSSION: City staff reviewed a number of vendors to provide a comprehensive AVL solution that that would fulfill the needs for all City departments that do not currently have AVL in their vehicles. Staff reviewed each AVL systems to ensure they integrate with the City’s GIS, are easy to use, simple to manage, and can provide vehicle diagnostics. Samsara fulfilled all the requirements and came highly recommended from several other cities. Going forward departments would contact Fleet staff to request AVL to be ordered and installed on a case by case basis per vehicle. The attached Samsara agreement is through Sourcewell’s cooperative purchasing program which allow the City to take advantage of the shared purchasing power of a nationwide competitively bid agreement. BUDGET/STAFF IMPACT: Each vehicle AVL system will be purchased on an as needed basis and will be funded from the departmental fleet vehicle maintenance account. Attachments: Staff Review form, Staff Review Memo, Samsara Contract, Sourcewell Contract This Master License and Services Agreement is entered into as of November 4, 2022 (“Effective Date”), by and between Samsara Inc., a Delaware corporation, with its principal place of business located at 1 De Haro Street, San Francisco, CA 94107 (“Samsara”) and City of Fayetteville, AR, a municipal corporation, along with any Affiliates, with its principal place of business located at 113 W Mountain Street, Fayetteville, AR 72701 (“Customer” and, collectively with Samsara, the “Parties”). This Master License and Services Agreement, including the Licenses and Services Terms, which are pursuant to and in compliance with Section 6 of Samsara’s contract number 020221 with Sourcewell, and any Exhibits attached hereto or subsequently entered into by and between the Parties (collectively this “Agreement”), sets forth the terms and conditions pursuant to which Customer will access certain Samsara solutions and contract for certain services from Samsara. SAMSARA LICENSE AND SERVICES TERMS 1. Certain Definitions. The following capitalized terms will have the meanings indicated below unless otherwise specifically defined in any Exhibits hereto. 1.1 “Account” means the accounts Customer create, via the Hosted Software, to access Customer Data. 1.2 “Affiliates” means any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the Customer. 1.3 “Apps” means software applications for smartphones and tablets distributed by Samsara through Google Play or through the Apple App Store. 1.4 “Authorized User” means Customer’s employees and/or contractors whom Customer authorizes to use the Samsara Software strictly on its behalf. 1.5 “Customer Data” means data captured by Customer’s use of the Hardware, data submitted by Customer or by a third party on Customer’s behalf into Apps and Hosted Software, and the analysis, reports, and alerts generated by the Products containing such data. For the avoidance of doubt, Customer Data does not include any Samsara Software. 1.6 “Documentation” means any Product training, technical services, or documentation made available to Customer through the Samsara website or otherwise made available to Customer by Samsara. 1.7 “Equipment” means the vehicle, equipment, asset, building, structure, or item into which Hardware is installed. 1.8 “Firmware” means software embedded in or otherwise running on the Hardware. 1.9 “Hardware” means the Samsara hardware devices such as gateways, cameras, sensors, controllers, vision systems, and accessories, that Customer have purchased, received for a free trial, or have otherwise acquired via an Order Form. 1.10 “Hosted Software” means Samsara’s cloud-hosted software platform, including the interface accessed online. 1.11 "License Expiration Date" means the later of (i) the license termination date set forth in the applicable Order Form ("Initial Term"), and (ii) if applicable to such Order Form the end of the then-active Renewal Term (as defined below). 1.12 “Malicious Code” means code, files, scripts, agents, software or programs intended to do harm or allow for unauthorized access, including, for example, viruses, worms, time bombs, and Trojan horses. 1.13 “Order Form” means the quote executed by the Customer describing the purchase of Samsara Products and licenses issued by Samsara. 1.14 "Pre-Launch Offerings” means any Samsara hardware and/or software offerings and related documentation and accessories that are not generally available to Samsara customers and that may be in the research, development, prototyping, and/or testing phase. 1.15 “Products” means the Hardware and Services. 1.16 “Professional Services” means the training, consulting, or other professional services that are provided by Samsara to Customer (i) as purchased separately by Customer pursuant to an Order Form, (ii) in Samsara’s sole discretion, or (iii) as otherwise mutually agreed between the Parties. 1.17 “Refund” means an amount refunded to the Customer pursuant to the terms of this Agreement equal to (i) pre-paid fees for the time remaining in an applicable license term prorated to the period of time between (a) the date of termination and (b) the License Expiration Date for the applicable Order Form, and (ii) the cost of purchased Hardware (if applicable). For the avoidance of doubt, a Refund may only be issued as expressly provided hereunder. 1.18 “Samsara Software” means the Apps, Firmware, and Hosted Software, and any improvements, modifications, patches, updates, and upgrades thereto that Samsara develops or provides in connection with this Agreement, and Support Services. 1.19 “Samsara Software Systems” means the Samsara Software and any networks, systems, products, services, or data of Samsara, its providers, its partners, its customers, or any other third party, integrated with or connected to such Samsara Software. 1.20 “Services” means the Samsara Software and Professional Services. 1.21 “Support Services” means the customer support services described at https://www.samsara.com/support and Documentation, but excluding any Professional Services. 2. Agreement to Terms. By signing this Agreement, or by executing an Order Form that references this Agreement, Customer agrees to be bound by the terms of this Agreement. Customer represents and warrants that it has the authority to sign this Agreement and that it otherwise has no other obligations that conflict with the terms contained herein. If Customer does not agree to the terms of this Agreement, Customer should not use the Products. Customer may not use the Products if Customer is Samsara’s direct competitor, as determined in Samsara’s sole discretion, except with prior written consent. 3. Changes to Terms. Samsara may modify the terms of this Agreement at any time, in its sole discretion. If Samsara does so, it will notify Customer in writing. Should Customer continue to use the Products thirty (30) days after Samsara has provided such notice without written objection, Customer will be deemed to have accepted the modified Agreement. If Customer does not agree to be bound by the modified Agreement, then it must provide written objection within thirty (30) days of Samsara’s modification notice and may continue to use the Products under the unmodified Agreement for the remaining term set forth in the applicable Order Form. 4. License. Subject to the terms and conditions specified in this Agreement or an applicable Order Form, Samsara grants Customer a non-sublicensable, non-exclusive, non-transferable, limited and revocable license to use and access the Samsara Software in accordance with the Documentation, starting from the license start date set forth in the applicable Order Form until the License Expiration Date set forth in such Order Form or the earlier termination of such Order Form or this Agreement. The Support Services and Service Level Agreement in Exhibit B are included as part of the license grant and contingent upon a valid license. The Firmware license for each item of Hardware is contingent upon Customer purchasing and maintaining a valid license to the Samsara Software. 5. License Restrictions. Customer agrees not to do or attempt to do any of the following without Samsara’s express prior written consent: (i) resell, white label, or reproduce the Samsara Software or any individual element within the Samsara Software, Samsara’s name, any Samsara trademark, logo or other proprietary information, or the layout and design of any part of the Samsara Software; (ii) access, tamper with, or use non-public areas of the Samsara Software Systems; (iii) gain unauthorized access to, interfere with, disable, or disrupt the integrity or security of the Samsara Software Systems; (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the Samsara Software Systems or enforce a contractual usage limit; (v) transfer, copy, modify, sublicense, lease, lend, rent or otherwise distribute the Samsara Software to any third party; (vi) decipher, decompile, disassemble or reverse engineer any aspect of the Samsara Software, in whole or in part; (vii) impersonate or misrepresent an affiliation with any person or entity; (viii) use or access the Samsara Software for any competitive purpose; (ix) perform benchmark testing on the Samsara Software; (x) use the Samsara Software to store or transmit Malicious Code; (xi) use the Samsara Software to store or transmit infringing, libelous, defamatory, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (xii) violate any applicable law or regulation; or (xiii) authorize, permit, encourage, or enable any other individual or entity to do any of the foregoing. Samsara has the right to investigate violations of this Section or conduct that affects the Samsara Software Systems and immediately suspend or terminate any or all of Customer’s access to the Samsara Software if it reasonably suspects or determines that Customer has violated this Section. Samsara may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 6. Hardware Installation and Equipment Maintenance. Customer is responsible for installation of the Hardware and ongoing maintenance of any Equipment. Depending on the Customer’s intended use of the Products, Customer may require professional installation of the Hardware or ongoing professional maintenance of any Equipment. If Customer is unable to install the Hardware or to conduct such ongoing maintenance, or if Customer is uncertain that Customer has the requisite skills and understanding, Customer agrees to consult with a qualified installer or maintenance professional. Improper installation of the Hardware or maintenance of the Equipment can lead to damage of such Equipment or dangerous or life- threatening conditions, which can cause property damage, bodily injury, or death. Customer may notify Samsara if Customer did not order the correct Hardware cables for Hardware installation. For more information on Samsara's Cable Exchange Policy, please see the Cable Exchange Policy section in Exhibit B. 7. Product Updates. 7.1 General. Samsara continuously improves the Products, and may from time to time (i) update the Samsara Software and cause Firmware updates to be automatically installed onto Hardware; (ii) update the Apps; or (iii) upgrade Hardware equipment to newer models. Samsara may change or discontinue all or any part of the Products, at any time and without notice, at Samsara’s sole discretion. If Samsara discontinues supporting the Products or Services Customer has ordered from Samsara in accordance with this Agreement prior to the applicable License Expiration Date without offering to replace them with an updated version or newer model, Customer may request a Refund. Updates or upgrades may include security or bug fixes, performance enhancements, or new functionality, and may be issued with or without prior notification to Customer. Customer hereby consents to such automatic updates. 7.2 Pre-Launch Offerings. From time to time, Samsara may in its sole discretion make Pre-Launch Offerings available to Customer. Customer’s use of Pre-Launch Offerings made available by Samsara is optional and at Customer’s discretion. Should Customer opt to use Pre-Launch Offerings: (i) Customer agrees to assume all risk, and waive and release Samsara from any claims, liabilities, damages, and losses, arising from or related to, directly or indirectly, the Pre-Launch Offerings; and (ii) except to the extent legally prohibited from taking on indemnification obligations, Customer agrees to, without limitation as to amount, defend, indemnify, and hold harmless Samsara from any third party claims arising from or related to, directly or indirectly, the Pre-Launch Offerings. Customer acknowledges that Pre-Launch Offerings that may interact, interface, or integrate with third party products and/or services may not be validated or supported by such third parties and may interfere with the operations of or void warranties for such third party products and/or services. Except as explicitly set forth otherwise in this Section 7.2, Pre-Launch Offerings are subject to the same terms and conditions as are applicable to a “Product” under this Agreement. 7.3 Feedback. Customer agrees to use commercially reasonable efforts to provide feedback to Samsara regarding the Products upon request and agrees that Samsara shall have all rights, title, and interest in and to all comments, suggestions, and other feedback (collectively, “Feedback”) provided by Customer to Samsara related to the Products. Customer shall and hereby does irrevocably transfer and assign to Samsara all right, title, and interest it may have in such Feedback to Samsara, and Samsara hereby accepts such transfer. 8. Payment, Shipping, and Delivery. Customer’s payment and billing terms are set forth in the Order Form. Unless otherwise set forth herein or in the applicable Order Form, all payments made to Samsara under an Order Form are non-refundable. Samsara may submit Customer contact information and information related to the timeliness of Customer’s payments to credit rating, credit reporting, or similar agencies. Customer is responsible for all payments of applicable taxes, however designated or incurred under this Agreement, and Customer shall reimburse Samsara for any taxes paid or payable on behalf of Customer. All shipments are FOB (2010) Origin, Freight Prepaid, and Charged Back. 9. Accounts. Customer shall be solely responsible for administering and protecting Accounts. Customer agrees to provide access to the Samsara Software only to Authorized Users, and to require such Authorized Users to keep Account login information, including user names and passwords, strictly confidential and not provide such Account login information to any unauthorized parties. Customer is solely responsible for monitoring and controlling access to the Samsara Software and maintaining the confidentiality of Account login information and any provided API tokens. In the event that Customer or any Authorized User becomes aware that the security of any Account login information has been compromised, Customer shall immediately notify Samsara and de-activate such Account or change the Account’s login information. Authorized Users may only use the Samsara Software strictly on behalf of Customer and subject to the terms and conditions applicable to Customer herein. Customer is responsible and liable for any breach by an Authorized User of his or her obligations hereunder. 10. Customer Data. 10.1 Ownership and Usage. Customer Data is accessible via the Samsara Software. Customer owns all Customer Data, and Samsara will keep Customer Data confidential. Customer hereby grants to Samsara a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, display, and distribute Customer Data in connection with operating and providing the Services. Samsara will maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data. Samsara will not share Customer Data without Customer consent, except when the release of data is compelled by law or permitted herein. Samsara may collect and use analytics, statistics or other data related to the Customer Data and Customer’s use of the Samsara Software (i) in order to provide the Samsara Software to Customer; (ii) for statistical reporting and use (provided that such data is not personally identifiable); or (iii) to monitor, analyze, develop upon, maintain, and improve the Samsara Software; including by providing such data to third party services for the aforementioned purposes. Such use shall survive the termination of this Agreement, unless legally prohibited or Customer requests in writing upon termination that such use be limited to non-personally- identifiable data. Customer may export Customer Data at any time through the export features in the Samsara dashboard or via the Samsara API. Customer acknowledges that some information may not be exportable via the Samsara dashboard or the API. If this Agreement terminates or expires and Customer does not renew, Customer Data may be immediately deleted. 10.2 Customer Data Representation and Warranty. Customer represents and warrant that: (i) Customer will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations and/or agreements from any employee or third party that are necessary for Samsara to collect, use, and share Customer Data in accordance with this Agreement (ii) no Customer Data infringes upon or violates any other party’s intellectual property rights, privacy, publicity or other proprietary rights and (iii) Customer will adhere to all applicable state, federal and local laws and regulations in the conduct of its business in relation to Samsara and its receipt and use of the Products. EXCEPT TO THE EXTENT LEGALLY PROHIBITED FROM TAKING ON INDEMNIFICATION OBLIGATIONS, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SAMSARA AND, IF RELEVANT, ITS SUBPROCESSORS AGAINST ANY LIABILITIES, DAMAGES, DEMANDS, LOSSES, CLAIMS, COSTS, FEES (INCLUDING LEGAL FEES), AND EXPENSES IN CONNECTION WITH ANY THIRD-PARTY LEGAL OR REGULATORY PROCEEDING ARISING FROM ANY ACT OR OMISSION OF THE CUSTOMER IN RELATION TO CUSTOMER INSTRUCTIONS OR FROM THE CUSTOMER’S BREACH OF THIS SECTION 10.2. 11. Confidentiality. 11.1 Confidential Information. “Confidential Information” means any technical, financial, or business information disclosed by one Party to the other Party that: (i) is marked or identified as “confidential” or “proprietary” at the time of such disclosure; or (ii) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary. Samsara Confidential Information includes any information related to the Products, including the pricing thereof, Samsara Software Systems, or Samsara customers or partners, and any data or information that Samsara provides to Customer in the course of providing the Products to Customer. Customer Confidential Information includes Customer Data and any data or information that Customer provides to Samsara for the purpose of evaluating, procuring, or configuring the Services (for example, makes and models of vehicles or equipment, address book or CRM data, vehicle routes, or similar information). Confidential Information excludes information that: (i) is now or hereafter becomes generally known or available to the public, through no breach of the receiving Party’s confidentiality obligations; (ii) was known, without restriction as to use or disclosure, by the receiving Party prior to receiving such information from the disclosing Party; (iii) is acquired by the receiving Party from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure; or (iv) is independently developed by the receiving Party without use or knowledge of or reference to any Confidential Information of the disclosing Party. 11.2 Confidentiality Obligations. The receiving Party agrees: (i) to maintain the disclosing Party’s Confidential Information in strict confidence; (ii) not to disclose such Confidential Information to any third parties (except for any employees or agents of receiving Party in performing under this Agreement under reasonable confidentiality obligations); and (iii) not to use any such Confidential Information for any purpose except to perform under this Agreement or as authorized by the disclosing Party. Notwithstanding anything to the contrary in this Agreement, the receiving Party may disclose the disclosing Party’s Confidential Information to the extent required by law or regulation, including any applicable public record request laws, provided that the receiving Party uses reasonable efforts to give the disclosing Party advance notice of such requirement and reasonably cooperates with the disclosing Party at the disclosing Party’s expense in preventing, limiting, or protecting such disclosure. 12. Proprietary Rights. 12.1 Samsara Software. Samsara and its licensors exclusively own all right, title and interest in and to the Samsara Software that Customer accesses or licenses, including all associated intellectual property rights. Customer acknowledges that the Samsara Software is protected by copyright, trademark, and other laws of the United States and foreign countries. Customer agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Customer shall and hereby does irrevocably transfer and assign to Samsara all right, title, and interest it may have in the Samsara Software to Samsara and Samsara hereby accepts such transfer. No ownership rights are being conveyed to Customer under this Agreement. Except for the express rights granted herein, Samsara does not grant any other licenses or access rights, whether express or implied, to any other Samsara software, services, technology or intellectual property rights. 12.2 Firmware. The Firmware is licensed, not sold. Customer owns the Hardware on which the Firmware is recorded, but Samsara retains ownership of the copy of the Firmware itself, including all intellectual property rights therein. Customer acknowledges that the Firmware is protected by patent, copyright, trademark, and other laws of the United States and foreign countries. Samsara reserves all rights in the Firmware not expressly granted to Customer in this Agreement. Customer acknowledges and agrees that portions of the Firmware, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Samsara and its licensors. 13. Wifi Data Usage. The Enterprise Vehicle Gateway License (LIC-VG-ENT) includes up to 500 MB per month of WiFi data. No other Vehicle Gateway license includes WiFi data, unless identified otherwise in the applicable Order Form together with the magnitude of data included. Connectivity between the Vehicle Gateway and Samsara Software does not count towards the monthly WiFi data provision. Samsara reserves the right to limit access to personal entertainment streaming services. Data usage above the monthly threshold may result in the reduction of connection speeds, the restriction of connectivity, the interruption of connectivity, or some combination thereof. Restriction or interruption of connectivity will not impact the function of HOS Logs. Customer may track data usage from the Gateways page within the Settings section of the Samsara dashboard. 14. Links to and Integrations with Third Party Products or Services. The Products may contain links to and/or integrate with third party websites, resources, products and/or services. SAMSARA PROVIDES THESE LINKS AND INTEGRATIONS ONLY AS A CONVENIENCE. Samsara is not responsible for the content, functionality, or availability of such third party products and/or services. Customer acknowledges sole responsibility for and assumes all risk arising from its use of any third party websites, resources, products and/or services and any links or integrations made available thereto. 15. Publicity. Customer hereby grants Samsara permission to use the Customer name and logo on Samsara’s website, press releases, customer lists, SEC filings, earnings calls, and investor and marketing materials to list Customer as a customer. However, Samsara will not use Customer’s name, trademarks, or logos in any other way without Customer’s prior consent. 16. Term. The term of this Agreement begins upon the Effective Date and shall continue until the License Expiration Date for the last active Order Form or until otherwise terminated earlier as provided hereunder. 16.1 Termination for Material Breach. Either Party may terminate this Agreement upon a material breach by the other Party if such breach remains uncured for a period of thirty (30) days following receipt of written notice. If Customer materially breaches this Agreement, Samsara may terminate access to and use of the Services, at its sole discretion, until the breach is cured. If Samsara materially breaches this Agreement and such breach remains uncured after thirty (30) days, Customer will be entitled to provide a notice of termination and request a Refund. Unless otherwise set forth herein or in the applicable Order Form, an Order Form cannot be terminated prior to the License Expiration Date. 16.2 Termination for Non-Appropriation of Funds. The continuation of an Order Form one (1) year after the license start date and annually thereafter is contingent upon the appropriation of sufficient funds by Customer. If sufficient funds fail to be appropriated by Customer to provide for the continuation of the applicable Order Form for Customer’s then-subsequent fiscal year, Customer may terminate such Order Form with prior written notice effective as of the later of the date of the beginning of such subsequent fiscal year and the end of the then- current annual license period. If Customer so terminates such Order Form, Samsara shall be entitled to payment of and for: all amounts due as of the date of termination; deliverables in progress; liabilities, fees, or costs caused by such termination including for obligations that extend beyond the date of termination; and reasonable Order Form close-out costs. 16.3 Effect of Termination. Upon any termination or expiration of the Agreement, the following Sections of this Agreement will survive: 5 (Restrictions), 7.2 (Pre-Launch Offerings), 7.3 (Feedback), 8 (Payment), 10 (Customer Data), 11 (Confidentiality), 12 (Proprietary Rights), 16 (Term) , 17 (Warranty Disclaimers), 18 (Limitation of Liability), 19 (Dispute Resolution), 20 (Governing Law), and 21 (General Terms). At the Customer’s request, and subject to Samsara’s data retention and backup policies, Samsara shall delete and remove any Customer Data on the Hosted Software. 17. Warranty Disclaimers. THE SERVICES, ANY PRE- LAUNCH OFFERINGS, AND ANY LINKS AND INTEGRATIONS WITH THIRD-PARTY WEBSITES, RESOURCES, PRODUCTS AND/OR SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SAMSARA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Samsara makes no warranty that the Services will meet Customer’s requirements or be available on an uninterrupted, secure, or error-free basis. Samsara makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any analytics or Customer Data. Exhibit A contains information regarding the Samsara Hardware warranty. 18. Limitation of Liability 18.1 No Consequential Damages. NEITHER SAMSARA NOR CUSTOMER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY. 18.2 Cap. EXCEPT AS TO ANY EXPRESS INDEMNIFICATION OBLIGATION SET FORTH HEREIN OR A BREACH OF SECTION 7.2 OR SECTION 10.2 BY CUSTOMER, IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE AMOUNTS CUSTOMER HAS PAID TO SAMSARA HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE DAMAGE, OR IF CUSTOMER HAS NOT HAD ANY PAYMENT OBLIGATIONS TO SAMSARA (FOR EXAMPLE THROUGH A FREE TRIAL), ONE HUNDRED DOLLARS ($100). 18.3 THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAMSARA AND CUSTOMER. 19. Dispute Resolution. Unless Customer is legally prohibited by law from resolving disputes by arbitration, any dispute arising from or relating to the subject matter of this Agreement that cannot be resolved by the Parties within a period of sixty (60) days after notice of a dispute has been given by one Party hereunder to the other, shall be finally settled by arbitration in the JAMS location nearest to the county in which Customer has its principal place of business, using the English language in accordance with the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc. (“JAMS Rules”) then in effect, by one or more commercial arbitrator(s) with substantial experience in resolving complex commercial contract disputes. The Parties agree that such arbitrator(s) shall have full authority to award preliminary and permanent injunctive relief, damages, and any other relief available in law, at equity, or otherwise pursuant to applicable law and that any emergency arbitrator(s) appointed in accordance with the JAMS Rules shall have authority to grant emergency relief in accordance with such rules. 20. Governing Law. This Agreement and any action related thereto will be governed by the laws of the state in which Customer has its principal place of business without regard to its conflict of laws provisions. Exclusive jurisdiction and venue for actions related to this Agreement or Customer use of the Products will be the state and federal courts located in or nearest to the county in which the Customer has its principal place of business, and both parties consent to the jurisdiction of such courts with respect to any such actions. 21. General Terms. 21.1 Entire Agreement. This Agreement together with any amendments or addenda thereto and any applicable Order Form constitute the entire and exclusive understanding and agreement between Samsara and Customer regarding the Products, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Samsara and Customer regarding the Products. If there is a conflict between the terms of an Order Form and the terms of this Agreement, then the terms of the Order Form controls over the terms of this Agreement. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. 21.2 Acceptable Use. Customer may not, and may not allow any third-party, including its Authorized Users, to (a) use the Products: (i) for any inappropriate, improper, discriminatory, illegal, or otherwise harmful purpose or (ii) to violate, or encourage the violation of, the rights of others which includes, without limitation, legal rights (e.g., intellectual property or proprietary rights) or human rights (i.e., the rights inherent to all human beings regardless of race, sex, nationality, ethnicity, language, religion, or any other status, including without limitation the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more), each as reasonably determined by Samsara; or (b) engage in abusive, harassing, threatening, offensive, or otherwise improper conduct towards Samsara or its employees, agents, service providers, partners, or other customers. To report any potential misuse or violation, please email abuse@samsara.com or submit an anonymous concern via samsara-external.ethicspoint.com. 21.3 Assignment. Customer may not assign or transfer this Agreement, by operation of law or otherwise, without Samsara’s prior written consent. Any attempt by Customer to assign or transfer this Agreement, without such consent, will be null. Samsara may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the Parties, their successors and permitted assigns. 21.4 Export Restrictions. Customer shall not use the Products in violation of applicable export control or sanctions laws of the United States or any other applicable jurisdiction. Customer shall not use the Products if Customer is or is working on behalf of any restricted person or entity, including those listed on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person's List or Entity List, the State Department's Debarred list, or similar denied parties list without prior authorization by the U.S. Government. Customer shall not export, re-export, or transfer the Products if for use directly or indirectly in any prohibited activity described in Part 744 of the U.S. Export Administration Regulations, including certain nuclear, chemical or biological weapons, rocket systems or unmanned air vehicle end-uses. 21.5 Force Majeure. Samsara is not liable or responsible, nor shall be deemed to have defaulted under or breached this Agreement, for any failure to perform or delay in performing its obligations under this Agreement due to an event of force majeure. An event of force majeure is any event or circumstance beyond Samsara’s reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems. 21.6 Financed Purchases. If you are accessing the Products through a financing entity (“Lender”), the terms in this Section shall apply. Any obligation you may have to the Lender is absolute and unconditional, not subject to any setoff or counterclaim as between you and Lender, unless agreed to otherwise in the separate financing agreement (“Financing Agreement”) you enter into with the Lender to finance your purchase of the Products. You acknowledge and agree that when you execute the Financing Agreement, the Lender is prepaying Samsara for the Products on your behalf and such prepayment is final and cannot be refunded by Samsara unless otherwise provided under this Agreement. You accept the risk that any Products are not provided or are not satisfactory; provided this sentence does not affect your rights against Samsara as limited by this Agreement, or Samsara’s obligations to you under this Agreement. If you choose to discontinue use of the Products for any reason, you will continue to be liable for any outstanding payment obligations specified in the Financing Agreement. If you have any claim against or dispute with Samsara, you may not take action by reason of such claims against Lender. If you are purchasing through a Lender, Samsara may terminate your access to the Products should you breach this Agreement or the terms of the Financing Agreement. Any Refunds issued by Samsara under this Agreement for Product purchases financed under a Financing Agreement shall be remitted to the Lender, and any impact such remittance may have on your remaining payment obligations to Lender is governed by the Financing Agreement. 21.7 Notices. Any notices provided under this Agreement must be made in writing. Notices to Samsara must be made via email to the email address below. Courtesy copies to either Party may optionally be provided to the office address set forth below via: (i) personal delivery, (ii) overnight courier delivery, or (iii) registered or certified mail, return receipt requested. If a different San Francisco, California, USA headquarters address for Samsara is provided on Samsara’s website at https://www.samsara.com/company/contact/ than the address set forth below, such different address should be used instead, with attention to the Legal Team. Samsara Inc. Email: legalnotices@samsara.com Telephone: (415) 985-2400 Address: Attn: Legal Team, 1 De Haro Street, San Francisco, CA 94107 City of Fayetteville, AR Name: Keith Macedo Email: kmacedo@fayetteville-ar.gov Telephone: 479-575-8320 Address: 113 W Mountain Street, Fayetteville, AR 72701 21.8 Remedies. Either party’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of both Parties. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. [END OF TERMS AND CONDITIONS] IN WITNESS WHEREOF, the Parties have executed this Master License and Services Agreement effective as of the Effective Date, which if not specified earlier in this Agreement shall be the later date set forth below. SIGNATURES City of Fayetteville, AR: Samsara Inc. By:__________________________________________ By:_________________________________________ Name:__Lioneld Jordan Name: ______________________________________ Title: Mayor Title: ________________________________________ Date: ________________________________________ Date: ________________________________________ Adam Eltoukhy General Counsel 10/07/2022 EXHIBIT A SAMSARA HARDWARE WARRANTY AND RMA POLICY Hardware Warranty Returns If Customer is experiencing technical issues, please contact Samsara support. Contact information can be found at www.samsara.com/support. Samsara stands behind its Hardware Products. Hardware Products that require a valid license to function (i.e., Hardware Products associated with a license with a “LIC-” prefix in the applicable SKU) have a warranty that lasts for as long as Customer maintains a valid license for such Hardware. The following Hardware Products are eligible for such warranty: ● VG-series gateways ● CM-series cameras ● EM-series environmental monitors ● AG-series gateways ● Cargo monitors ● Door monitors ● IG-series gateways ● GW22 gateways ● VS-series machine vision systems ● HM-series monitors ● WM11 wireless I/O module ● SG-series gateways ● SC-series cameras All other Hardware Products come with a one-year warranty as of the date of shipment, unless otherwise specified on the applicable Samsara data sheet. During the applicable warranty period, Hardware units exhibiting material defects will be replaced free of charge as described in this Hardware Warranty Returns section. To request a return materials authorization (“RMA”) under this Hardware Warranty Returns section, please contact Samsara support or submit an RMA request through the Hosted Software dashboard. If Customer’s RMA request is approved, Samsara will provide Customer with an RMA number and a return shipping label for the defective Hardware units free of charge. Samsara will ship all replacement Hardware once your RMA request has been approved and processed. Customer must return the defective Hardware units to Samsara for receipt within twenty-one (21) days of provision of the return shipping label. If Samsara does not receive the defective Hardware units within this twenty-one (21) day period, Samsara reserves the right to charge Customer the fees and costs associated with the device replacement. If Customer requests an RMA and no material defect is found with Customer’s Hardware unit, Samsara will contact Customer before taking further action. Product Trial Hardware Returns In order to return Hardware units from a Product trial, please contact Customer’s Samsara sales representative or email trials@samsara.com to request an RMA number. If Customer’s trial hardware was shipped to the US, Canada, Mexico, the UK or the EU, Customer will also be able to print out a return shipping label and ship the Hardware units back to Samsara at no charge to Customer. If Customer does not proceed with purchasing Samsara Hardware and related Samsara Software Products following Customer’s trial, Customer must return the trial Hardware units to Samsara for receipt within twenty-one (21) days of the end of Customer’s trial. If Samsara does not receive the trial Hardware units within this twenty-one (21) day period, Samsara reserves the right to charge Customer the fees and costs associated with the Hardware units. Product Refund Requests If Customer is dissatisfied with its Samsara purchase for any reason, Customer may return Customer’s Product purchase made under an Order Form for a full refund as described in this Product Refund Requests section. This refund option does not apply to any Hardware replacements or upgrades, additional purchases of the same Product perviously purchased, Product purchases made after a trial or pilot period, or Product license renewals for which the Product license is renewed or extended beyond the Initial Term (collectively, “Refund Exceptions”). All Product returns must meet the following criteria: ● Customer purchased the Product through an authorized Samsara reseller or directly from Samsara ● Customer is the original purchaser of the Product ● The product purchase does not fall under any Refund Exceptions ● The Product is not a license renewal for which the Product license is renewed or extended beyond the Initial Term ● Customer submits its refund request in writing as described below within thirty (30) days of the date of shipment of the applicable original Hardware procured under an Order Form ● The Hardware Product is in new or like-new condition, as determined by Samsara in its sole discretion To request a refund under this Product Refund Requests section, please contact Samsara support to request an RMA number or submit an RMA request through the Hosted Software dashboard. If Customer refund request is approved, Samsara will provide Customer with an RMA number and a return shipping label free of charge. In order for the refund to be accepted and processed, Samsara must receive the Hardware units Customer is returning no later than forty-five (45) days following the date the RMA number is issued. Once Samsara has received and inspected the Hardware units, Samsara will process the return. If Customer purchased through an authorized Samsara reseller, Customer’s refund will be issued by that reseller. If Customer purchased directly from Samsara, Samsara will issue a refund typically within thirty (30) days of receiving the Hardware return. From time to time Samsara in its discretion offers special refund terms. If Customer’s return is covered by special terms, please reference those terms on Customer’s RMA request. Please contact Samsara directly for all refund requests, including Product purchased through distributors or resellers. Hardware Upgrade Option As Necessary For Renewal License Enablement Upon renewal of Customer’s Samsara Software license at the end of its then-active license term for a renewal license term of at least three (3) years, if upgraded Hardware that is generally available to Samsara customers is required to enable material functionality included in Customer’s renewal license, Customer shall have the one-time option to receive such upgraded Hardware from Samsara for no additional charge beyond the renewal license fees at the then-applicable pricing. To exercise this option, Customer must notify Samsara in writing prior to expiration of the applicable Samsara Software license term of Customer’s intent to renew such license and exercise such option so that Samsara may determine Customer’s eligibility for such Hardware upgrade subject to the aforementioned terms and conditions. Cable Exchange Policy Customers may exchange Hardware cables ordered under an Order Form at no cost as described in this Cable Exchange Policy section, subject to the following conditions: ● Customer submits its Hardware cable exchange request in writing within thirty (30) days of purchase by contacting Samsara Support or by submitting a cable exchange request through the Hosted Software dashboard ● Samsara must receive the Hardware cables to be exchanged within twenty-one (21) days of Customer's submission of its exchange request ● Customer must return the Hardware cables to be exchanged in new or like-new condition, as determined by Samsara in its sole discretion If the above conditions are not met, Samsara reserves the right to charge Customer the fees and costs associated with replacing Hardware cables. EXHIBIT B HOSTED SOFTWARE SERVICE LEVEL AGREEMENT This Service Level Agreement (this “SLA”) is subject to the Parties’ Master License and Services Agreement (“Agreement”) and sets forth Samsara’s obligations and Customers’ rights with respect to the performance of Samsara’s Hosted Software. 1. Definitions. For purposes of this SLA, the following terms have the meaning ascribed to each term below: “Downtime” means when the Customer is unable to log into the Hosted Software dashboard due to failure(s) in the Firmware or Hosted Software, as confirmed by both Customer and Samsara. Please note that individual Hardware device failures are not considered downtime but may be covered under Samsara’s Hardware warranty policy set forth in the Hardware Warranty Returns section of Exhibit A. “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month. “Service Credit” means the number of days of license to the Samsara Software that Samsara will credit to Customer in the form of a monetary credit applied to Customer’s invoice after receipt of timely written notice of Samsara’s failure to meet the Service Level Warranty, as required by Section 3 herein (Customer Must Request Service Credit). 2. Service Level Warranty. During the applicable Order Form term, the Hosted Software will have a Monthly Uptime Percentage of at least 99.99% in any calendar month (the “Service Level Warranty”). If the Monthly Uptime Percentage does not meet the Service Level Warranty in any calendar month, and if Customer is in compliance with its obligations under the Agreement or this SLA, then Customer will be eligible to receive a Service Credit as follows: Monthly Uptime Percentage Number of Days of Service Credit < 99.99% - ≥ 99.9% 3 < 99.9% - ≥ 99.0% 7 < 99.0% - ≥ 90.0% 15 < 90.0% 30 3. Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Samsara in writing within thirty (30) days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit. 4. Maximum Service Credit. The aggregate maximum amount of Service Credit to be issued by Samsara to Customer for all Downtime that occurs in a single calendar month will not exceed thirty (30) days. 5. Exclusions. The Service Level Warranty does not apply to any Products that expressly exclude this Service Level Warranty (as stated in the Documentation for such Products) or any Downtime caused in part or in full by any of the following: (i) strikes (other than strikes of a party’s own employees), shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions (other than with respect to a party’s own employees), earthquakes, material shortages, epidemic, disease, failure of utilities or communication or electronic systems, or any other causes that are beyond the reasonable control of a party so long as the parties use commercially reasonable efforts, including the implementation of business continuity measures, to mitigate the effects of such force majeure; (ii) Customer and/or third party equipment, systems, networks, or infrastructure (not within the primary control of Samsara); (iii) Customer’s breach of the Agreement or this SLA or improper use of the Products(iv) a third party cloud-hosting, cellular, or internet service provider; (v) improper installation of or damage to the Hardware or partial or full disconnection of such Hardware from the Equipment; or (vi) any cause that is not solely failure(s) in the Firmware or Hosted Software. 6. Exclusive Remedy. This SLA states Customer’s sole and exclusive remedy for any failure by Samsara to meet the Service Level Warranty. samsara.com 1 Samsara Inc 1 De Haro Street San Francisco, CA 94107 www.samsara.com Quote Summary Subtotal Hardware and Accessories $0.00 Licenses License Term – 38 Months Shipping and Handling $75.00 Upfront Hardware Sales Tax $0.00 If shipping is "Pending" - Amount is pending due to size of order; Shipping and Handling subject to change. If Sales tax is “Pending” – Final amount will be provided prior to payment *3% fee charged on non-ACH charges (Canada Exempt) *Sales tax subject to change Annual License Sales Tax $128.70 First 2 Month Payment $316.45 First Year Payments $1,448.70 Prepared For: City of Fayetteville, AR 113 W Mountain St Fayetteville, Arkansas 72701 Sourcewell Contract #: 020221-SAM QUOTE #Q-435889 Issued 10-05-2022 Expires 11-15-2022 2 Month License Sales Tax $21.45 Payments Beginning Year Two $1,448.70 samsara.com 2 Samsara Inc 1 De Haro Street San Francisco, CA 94107 www.samsara.com SHIP TO Keith Macedo 113 W Mountain St Fayetteville, Arkansas, 72701-6083 United States Hardware and Accessories Quantity Net Unit Price Total Price Dual-facing dash-camera, series 3. HW-CM32 2 $0.00 $0.00 Vehicle IoT Gateway, model VG54 HW-VG54-NA 2 $0.00 $0.00 Enhanced VG Series J1939 or J1708 (9-pin) CBL-VG-CJ1939 2 $0.00 $0.00 VG54 Aux Cable CBL-VG-CAUX 2 $0.00 $0.00 Hardware Due $0.00 Licenses Quantity Annual Unit Price Total Annual Price License for Dual-Facing Camera LIC-CM2-ENT 2 $420.00 $840.00 Annual License Due $840.00 Bundles Quantity Annual Unit Price Total Annual Price License for Vehicle Gateways - Public Sector Only, No WiFi, No ELD LIC-VG-PS 2 $240.00 $480.00 Annual License Due $480.00 samsara.com 3 Samsara Inc 1 De Haro Street San Francisco, CA 94107 www.samsara.com samsara.com 4 Samsara Inc 1 De Haro Street San Francisco, CA 94107 www.samsara.com Thank you for considering Samsara for your fleet. Samsara provides real-time visibility, business-relevant tools, and powerful analytics that enable customers to increase the productivity of their fleets and reduce operating costs. A solution for your fleet is proposed below. What is included? Samsara’s fleet tracking solution includes hardware accessories and a per- gateway license. Gateway licenses provide all ongoing elements of the service, including: - Real-time location and vehicle telematics - Dashboard access with unlimited administrator accounts - Driver App for iOS and Android devices with unlimited driver accounts - Over-the-air software feature upgrades - API access as it relates to features for integration with 3rd party systems - Maintenance and phone support Samsara does not include hidden costs in its licenses. If you want access to Samsara’s full set of fleet features--including but not limited to WiFi hotspot and ELD capabilities--you will need to upgrade your license. Samsara reserves the right to audit usage of features unrelated to the solution as well as remove them from the Samsara Dashboard. samsara.com 5 Samsara Inc 1 De Haro Street San Francisco, CA 94107 www.samsara.com Payment Terms This order form includes a license fee for the Samsara Software associated with the Hardware to be paid annually and, if applicable, a one-time Hardware cost to be paid upfront (Net-30). The annual fees are payable by recurring wire transfer. All transfers are subject to a 3% processing fee unless the wire transfer is initiated by Samsara via ACH, in which case the 3% processing fee will be waived. Late payments are subject to a 1.5% per month late fee. If license payments are delinquent by 60 days, Samsara may suspend the Service until late payments are remitted. License Term The license term for the Samsara Software licenses purchased under this Order Form begins on the day Samsara activates the applicable Samsara Software license by providing you a claim number and access to the Hosted Software (“License Start Date”). If Hardware associated with a then-unactivated Samsara Software license will be shipped to you under this Order Form, such Samsara Software license will be activated on the day the Samsara Hardware ships. Notwithstanding the foregoing, if you are renewing the license term for a previously-activated Samsara Software license under this Order Form, the License Start Date for the renewal license term shall be the day that Samsara extends your access to the Hosted Software for the renewal license term. Samsara Hardware requires a valid license to function. Samsara may ship Hardware under this Order Form subject to a schedule as mutually agreed between the Parties or as determined by Samsara. To the extent such Hardware is associated with then-unactivated Samsara Software licenses, the Samsara Software license term for each such Hardware device will start on the day that device ships regardless of the shipment schedule for the other such Hardware devices. If all such Hardware is shipped in one shipment, the license term for all such Hardware will be the full license term under this Order Form. If such Hardware is shipped in multiple shipments, only the license term of such Hardware in the initial shipment will be such full license term. The license term of the remaining such Hardware shipped after the initial shipment will be set to match the then-remaining license term of the initial shipment, so that the license term for all such Hardware under this Order Form expires on the same date. The total cost of the licenses for such Hardware shipped after the initial shipment will be pro-rated based on their actual license term, rounded up to the nearest month, as compared to the full license term under this Order Form. Certain payment amounts under this Order Form assume that the entire order is fulfilled at the same time and are subject to potential reduction based on the actual schedule of order fulfillment. Support and Warranty Samsara stands behind its Products. Hardware Products that require a valid license to function come with a warranty that lasts as long as you maintain a valid license for such Hardware. All other Hardware Products, such as accessories, come with a one-year warranty, unless otherwise specified on the relevant Samsara data sheet. During the warranty period, Hardware exhibiting material defects will be replaced pursuant to our Hardware Warranty & RMA policy at www.samsara.com/support/hardware-warranty. Additional support information can be found at www.samsara.com/support. Terms Unless otherwise set forth herein, your use and access of the Hardware, Products, and Services specified herein are governed by Samsara’s terms of service found at https://www.samsara.com/terms-of-service, unless the Parties have entered into a separate terms of service agreement and/or a separate terms of service agreement is attached to this Order Form, in which case such separate terms of service agreement shall govern (the “Terms of Service”). You agree to be bound by the Terms of Service, and any capitalized terms not defined samsara.com 6 Samsara Inc 1 De Haro Street San Francisco, CA 94107 www.samsara.com herein shall have the meaning set forth in the Terms of Service. You further agree that any other Order Forms you enter into for the purchase of Products shall also be governed by the Terms of Service unless otherwise set forth in the applicable Order Form. For clarity, unless otherwise agreed by the Parties or approved by Samsara, the pricing and payment terms under this Order Form shall not apply to any such other Order Forms. The continuation of this Order Form one (1) year after the license start date and annually thereafter is contingent upon the appropriation of sufficient funds by Customer. If sufficient funds fail to be appropriated by Customer to provide for the continuation of the Order Form for Customer’s then-subsequent fiscal year, Customer may terminate this Order Form with prior written notice effective as of the later of the date of the beginning of such subsequent fiscal year and the end of the then-current annual license period. If Customer so terminates this Order Form, Samsara shall be entitled to payment of and for: all amounts due as of the date of termination; deliverables in progress; liabilities, fees, or costs caused by such termination including for obligations that extend beyond the date of termination; and reasonable Order Form close-out costs. samsara.com 7 Samsara Inc 1 De Haro Street San Francisco, CA 94107 www.samsara.com Notification of Confidentiality Except as legally required under applicable public records request laws, provided that you use reasonable efforts to provide Samsara with advance notice of any such disclosure, you agree that the pricing and payment terms specified in this Order Form shall (i) be held in strict confidence; (ii) not be disclosed to any Samsara competitor or other entity, except as pre-approved in writing by Samsara; and (iii) not be used except to evaluate the suitability of the Samsara Products for your business. You will immediately notify Samsara in the event of any unauthorized use or disclosure under these terms. Violation of these obligations will cause irreparable harm to Samsara for which Samsara may obtain compensatory and timely injunctive relief from a court, as well as any other remedies that may be available, including recovery of all reasonable attorney’s fees and costs incurred in seeking such remedies. Your obligations specified herein shall last until the pricing and payment terms herein are, through no fault or action by you, public. This Order Form is a legally binding agreement between you (“Customer”) and Samsara Inc. (“Samsara”). IN WITNESS WHEREOF, Customer has caused this Order Form to be executed by its duly authorized representative. I confirm acceptance of this Order Form on behalf of the Customer identified herein and represent and warrant that I have full and complete authority to bind the Customer to this Order Form, including all terms and conditions herein. Please confirm acceptance of this Order Form by signing below: Signature \s1\ Print Name:\n1\ Date:\d1\ 020221-SAM Rev. 10/2020 1 Solicitation Number: 020221 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Samsara Inc., 1990 Alameda Street, 5th Floor, San Francisco, CA 94103 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Fleet Management Technologies with Related Software Solutions from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires March 26, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. 020221-SAM Rev. 10/2020 2 All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor will extend to the Participating Entity the return and warranty terms set forth in Vendor’s Hardware Warranty and RMA Policy, subject to the related limitations set forth therein. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within 30 days of the date of delivery at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. 020221-SAM Rev. 10/2020 3 Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. 020221-SAM Rev. 10/2020 4 A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. By accessing the Contract, Participating Entities agree not to file any claims or causes of action against Sourcewell, or otherwise seek to hold Sourcewell, including 020221-SAM Rev. 10/2020 5 its agents and employees, liable in connection with Vendor’s Equipment, Products, and Services. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Vendor will require Participating Entity’s acceptance of Vendor’s then-current Terms of Service. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased, provided that such termination will be effective as of the date of the beginning of the period for which funds have not been appropriated; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity, and such breach continues for a period of 30 days following receipt of written notice to cure. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: 020221-SAM Rev. 10/2020 6 x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be 020221-SAM Rev. 10/2020 7 mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement, except in the case of a merger, acquisition, or sale of all or substantially all of the assets of Vendor. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or 020221-SAM Rev. 10/2020 8 oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell, including its agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the breach of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. In no event will Vendor be liable to Sourcewell for incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute services. Vendor’s indemnification and liability obligations to a Sourcewell Participating Entity will be as set forth in Vendor’s Terms of Service, subject to the limitations set forth therein. Vendor’s indemnification and hold harmless obligations under this Section 11 and Section 13 below are contingent upon: (a) Sourcewell providing Vendor with prompt written notice of a claim; (b) Sourcewell providing reasonable cooperation to Vendor, at Vendor’s expense, in the defense and settlement of such claim; and (c) Vendor having sole authority to defend or settle such claim. Notwithstanding subsection (c) of this provision, Sourcewell may employ, at its sole cost and expense, separate counsel of its own choosing, but in no event Vendor will be liable for any damages or liability arising out of Sourcewell's employment of its own counsel. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 020221-SAM Rev. 10/2020 9 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws (“IP Claim”). Vendor will have no liability under this section to the extent that any IP Claim results from: (a) modifications to the Equipment or Products made by a party other than Vendor or a party acting on Vendor’s behalf; (b) the combination, operation or use of the Equipment or Products with equipment, devices, software or data not supplied by Vendor nor reasonably contemplated by this Contract; (c) a party’s failure to use updated or modified versions of the Equipment or Products provided by Vendor to avoid a claim; (d) Vendor’s compliance with any designs, specifications or plans provided by Sourcewell or a Participating Entity; or (e) use of the Products other than in accordance with this Contract, any additional terms agreed between Vendor and a Participating Entity, or any 020221-SAM Rev. 10/2020 10 documentation provided by Vendor. Vendor’s indemnification and liability obligations to a Sourcewell Participating Entity will be as set forth in Vendor’s Terms of Service, subject to the limitations set forth therein. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising or marketing campaigns with Participating Entities regarding Vendor’s Sourcewell Contract must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 020221-SAM Rev. 10/2020 11 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. 020221-SAM Rev. 10/2020 12 Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: 020221-SAM Rev. 10/2020 13 $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities that place orders with Vendor, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 020221-SAM Rev. 10/2020 14 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing 020221-SAM Rev. 10/2020 15 regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. 020221-SAM Rev. 10/2020 16 D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). 020221-SAM Rev. 10/2020 17 H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. 020221-SAM Rev. 10/2020 18 Sourcewell Samsara Inc. By: __________________________ By: __________________________ Jeremy Schwartz Adam Eltoukhy Title: Chief Procurement Officer Title: VP & General Counsel Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ 5)3)OHHW0DQDJHPHQW7HFKQRORJLHVZLWK5HODWHG 6RIWZDUH6ROXWLRQV 9HQGRU'HWDLOV &RPSDQ\1DPH 6DPVDUD1HWZRUNV,QF 'RHV\RXUFRPSDQ\FRQGXFW EXVLQHVVXQGHUDQ\RWKHUQDPH",I \HVSOHDVHVWDWH 6DPVDUD $GGUHVV $ODPHGD6W WK)ORRU 6DQ)UDQFLVFR&$ &RQWDFW %ULDQ*ORZLDN (PDLO EULDQJORZLDN#VDPVDUDFRP 3KRQH )D[ +67 6XEPLVVLRQ'HWDLOV &UHDWHG2Q )ULGD\-DQXDU\ 6XEPLWWHG2Q 7XHVGD\)HEUXDU\ 6XEPLWWHG%\ +DQQDK%HQQHWW (PDLO KDQQDKEHQQHWW#VDPVDUDFRP 7UDQVDFWLRQ DIHID IGFHEE 6XEPLWWHU V,3$GGUHVV Bid Number: RFP 020221 Vendor Name: Samsara Networks Inc 6SHFLILFDWLRQV 7DEOH 3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV *HQHUDO,QVWUXFWLRQV DSSOLHVWRDOO7DEOHV 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PRUHௐLQIRUPDWLRQௐDERXWௐKRZௐ6DPVDUDௐPD\ௐFROOHFWௐDQGௐXVHௐVXFKௐSHUVRQDOௐGDWDௐ Bid Number: RFP 020221 Vendor Name: Samsara Networks Inc Bid Number: RFP 020221 Vendor Name: Samsara Networks Inc please see our Privacy Policy. DPA: Under the GDPR, Samsara will serve as the data processor for our customers, who in turn act as the data controller. To learn more about how Samsara processes customer data as part of this controller-to-processor relationship and our customer contracts, please see our DPA here. Data Transfers: To comply with EU data protection legislation on international data transfer mechanisms, we self-certify under the EU-US Privacy Shield and the Swiss- US Privacy Shield as set by the U.S. Department of Commerce. These frameworks were developed to establish a way for companies to comply with data protection requirements when transferring personal data from the European Union, UK, and Switzerland to the United States. To the extent these frameworks are deemed invalid or no longer apply to Samsara, we agree to abide by and process your data in accordance with the European Commission approved Standard Contractual Clauses we include within our Data Protection Addendum to provide adequate protection for such personal data transfers. DPIA: The GDPR requires organizations to undertake a data protection impact assessment (DPIA) where using new technologies is likely to result in a high risk to individuals. Samsara can provide supporting materials to help demonstrate your compliance with carrying out such DPIAs where you believe they are required before using our products. Marketing Communications: Samsara collects personal data for marketing purposes only pursuant to GDPR and other applicable local laws. Marketing communications are easily opted out of at any time via this page or through the unsubscribe feature on our emails. Security: Protecting our customers' privacy and respecting confidential information is fundamental to our core values. Samsara products are built from the ground up with security and privacy in mind. As part of our commitment to privacy and security, we've adopted the highest standards and also conduct regular audits pursuant to the Service Organization Controls (SOC 2) reporting process to ensure our customers' data is safe and available. Security Practices: Samsara implements the highest industry standards for encryption, storage, privacy, network, and endpoint security. Audits: Samsara regularly conducts security audits to ensure our systems are properly safeguarded. For example, our SOC 2 reports include descriptions of our software infrastructure and the processes we have in place to keep our customers' data safe and available. We also engage independent entities to conduct application- , infrastructure-, and hardware-level penetration tests at least annually. Incident Response: We have implemented a data breach and incident response plan. In case of an incident involving your customer data, we will inform you per the terms of your agreement with us. Learn More: To learn more about Samsara's commitment to upholding the highest security standards, please visit www.samsara.com/security Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text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WKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOH RUDQ\ 3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULWQRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVH UHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶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id Number: RFP 020221 Vendor Name: Samsara Networks Inc Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0934 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.3 POLICE DEPARTMENT AMMUNITION STATE CONTRACT: A RESOLUTION TO APPROVE THE PURCHASE OF AMMUNITION AS NEEDED BY THE FAYETTEVILLE POLICE DEPARTMENT FROM VARIOUS MANUFACTURERS, PURSUANT TO THE STATE OF ARKANSAS AMMUNITION CONTRACT, FOR AN INITIAL TERM THROUGH JANUARY 23, 2023 AND AS RENEWED BY THE STATE EACH YEAR THROUGH JANUARY 23, 2029 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 ammunition as needed by the Fayetteville Police Department from various manufacturers, pursuant to the State of Arkansas ammunition contract, for an initial term through January 23, 2023 and as renewed by the State each year through January 23, 2029. Page 1 City of Fayetteville, Arkansas Printed on 10/26/2022 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0974 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.4 HAZMAT REVENUE FROM WASHINGTON COUNTY: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $4,169.00 RECOGNIZING HAZMAT SERVICES REVENUE RECEIVED FROM WASHINGTON COUNTY AND INCREASING THE RELATED EXPENSE BUDGET THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment in the amount of $4,169.00 recognizing hazmat services revenue received from Washington County and increasing the related expense budget. Page 1 City of Fayetteville, Arkansas Printed on 10/26/2022 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Requestor: 11/1/2022 2022-0974 D - (City Council) 11/1/2022 / TOTAL 4,169 4,169 Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 1010.300.3040-5218.01 4,169 - EX Supplies - HAZMAT Equipment 1010.300.3040-4401.08 - 4,169 RE Reimbursements - HAZMAT Interlocal Revenue - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.20220919 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# Approval of a budget adjustment in the amount of $4,169 to recognize Hazmat Services Revenue received from Washington County and increase related expense budget. COUNCIL DATE: CHKD/POSTED: LEGISTAR FILE ID#: Adjustment Number 2022 Brad Hardin FIRE (300)Division /Org2 GLDATE: Budget Director Date Holly Black 10/12/2022 7:27 AM TYPE: JOURNAL #: H:\Budget Adjustments\2022_Budget\CITY COUNCIL\11-01-22\2022-0974 BA Fire HAZMAT 1 of 1 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0965 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.5 BIG BEAR SHREDDING: A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN RECORDS SHOWN ON THE ATTACHED AFFIDAVIT PURSUANT TO RELEVANT SECTIONS OF THE ARKANSAS CODE RELATED TO MAINTENANCE AND DESTRUCTION OF ACCOUNTING AND OTHER CITY RECORDS WHEREAS, the Arkansas Code establishes the amount of time that the City is required to maintain accounting, court and other records and also provides a procedure for the destruction of records not required to be maintained permanently if the records to be destroyed have been microfilmed or scanned into the City's server or have been maintained for the amount of time required by state law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville City Clerk-Treasurer’s Office to destroy the paper copies of certain accounting and other City records identified in the affidavit attached to this Resolution pursuant to the Arkansas Code relating to the maintenance and destruction of records. Page 1 City of Fayetteville, Arkansas Printed on 10/26/2022 10/5/2022 Submitted Date No 2,832.10$ ‐$ 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 2,950.00$ 117.90$ Yes No ‐$ 2,832.10$ Project Number Budget Impact: Fund General Fund1010.051.1510‐5315.00 Account Number Project Title City of Fayetteville Staff Review Form 2022‐0965 Legistar File ID 11/1/2022 City Council Meeting Date ‐ Agenda Item Only A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN RECORDS SHOWN ON THE ATTACHED AFFIDAVITS PURSUANT TO RELEVANT SECTIONS OF THE ARKANSAS CODE RELATED TO MAINTENANCE AND DESTRUCTION OF ACCOUNTING AND OTHER CITY RECORDS N/A for Non‐Agenda Item Action Recommendation: Submitted By Christine Rea City Clerk (051) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: MEETING OF NOVEMBER 1, 2022 TO: Mayor and City Council THRU: Kara Paxton FROM: Christine Rea, Document Manager DATE: October 5, 2022 SUBJECT: Big Bear Shredding, Destruction of Records RECOMMENDATION: Staff recommends the destruction of records. All records recommended for destruction have been microfilmed or scanned and maintained for the required length of time. Attached is a listing of records that are ready for destruction. Attachments: List of documents to be destroyed , City Clerk Treasurer Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0935 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.6 TSW, INC., WALKER PARK MASTER PLAN: A RESOLUTION TO AUTHORIZE A CONTRACT WITH TSW, INC., PURSUANT TO RFQ 22-01, SELECTION 10, IN THE AMOUNT OF $94,500.00, TO PROVIDE MASTER PLAN DESIGN SERVICES FOR WALKER COMMUNITY PARK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - PARK IMPROVEMENT BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Contract with TSW, Inc., pursuant to RFQ 22-01, Selection 10, to provide master plan design services for Walker Community Park, in the amount of $94,500.00, and further approves a project contingency in the amount of $5,000.00. 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 10/26/2022 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: 46050.7550.1000 Project Number Budget Impact: Walker Park Improvements, Walker Park Master Plan Fund 4705 - Parks Project 2022 Bonds4705.860.7550-5860.02 Account Number Project Title City of Fayetteville Staff Review Form 2022-0935 Legistar File ID 11/1/2022 City Council Meeting Date - Agenda Item Only Staff recommends entering into a contract with TSW, Inc. (RFQ 22-01, Selection 10) to provide master plan design services for Walker Community Park for a fee not to exceed $94,500, to approve a project contingency of $5,000 and associated Budget Adjustment. This is a 2019 bond funded project. N/A for Non-Agenda Item Action Recommendation: Submitted By Alison Jumper PARKS & RECREATION (520) Division / Department 9/28/2022 Submitted Date Yes -$ 94,500.00$ 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 -$ -$ No Yes 99,500.00$ 5,000.00$ MEETING OF November 1, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Alison Jumper, Director Parks, Natural Resources and Cultural Affairs DATE: September 27, 2022 SUBJECT: Walker Community Park Master Plan Design Contract RECOMMENDATION: Staff recommends entering into a contract with TSW, Inc. (RFQ 22-01, Selection 10) to provide master plan design services for Walker Community Park for a fee not to exceed $94,500, to approve a project contingency of $5,000 and associated Budget Adjustment. This is a 2019 bond funded project. BACKGROUND: Walker Park is Fayetteville’s largest community park offering a variety of amenities including a multi-use field, eight baseball fields, playgrounds, pavilions, restrooms, skatepark and a splashpad. It provides recreational opportunities in one the City’s underserved areas. With the exception the recently constructed splash pad, the majority of facilities are aged. DISCUSSION: Walker Park and the surrounding neighborhood have seen much change over the past several years. Fayetteville Youth Baseball has used the park for decades for their leagues; however, four new ballfields were recently completed at Kessler Mountain Regional Park creating a new home for the club. The surrounding neighborhood continues to evolve and is becoming more dense. These changes present an opportunity to reimagine Walker Park as a whole, to ensure the needs of the community are being met. Design will consider ways to increase park safety, support new and additional activations, and create a vibrant park ultimately increasing park use. A robust public engagement effort will guide the design and priorities for the park. BUDGET/STAFF IMPACT: Funds for this contract are available in the Parks Projects Bond Phase II (2022) Fund in project (46050.7550.1000). GLACCOUNT PROJECT AMOUNT 4705.860.7550-5860.02 46050.7550.1000 $ 94,500 TOTAL $ 94,500 Attachments: 1.SRF and Contract CONTRACT FOR PROFESSIONAL SERVICES RFQ 22-01, ENGINEERING & ARCHITECTURAL SERVICES SELECTION – WALKER PARK MASTER PLAN between City of Fayetteville, Arkansas and TSW, Inc. THIS AGREEMENT is executed this __________ day of ______________________, 2022, by and between the City of Fayetteville acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and TSW, Inc. (hereinafter called “TSW” or “Consultant”). CITY OF FAYETTEVILLE from time to time requires professional services in connection with the master planning of parks. TSW was selected through RFQ 22-01, Selection 9to provide the scope of work outlined and identified in this contract. Therefore, City and TSW in consideration of their mutual covenants agree as follows: TSW shall serve as the professional consultant to the CITY in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a licensed landscape architect or architect registered in the State of Arkansas and qualified in the particular field. 1. Contracted parties: a. This agreement shall be binding between all parties. Fees for professional services shall be provided as identified in appendices. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Parties shall not be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. This agreement may be modified only by a duly executed written instrument signed by the CITY and TSW. a. Appendices included under this agreement include the following and shall govern in the following order. Contract language in this document shall prevail over all exhibits: i. Appendix A: Scope of Work & Fees ii. Appendix B: TSW’s RFQ response iii. Appendix C: TSW’s Certificate of Insurance 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 TSW: Attention: Adam Williamson, PLA, LEED AP, Principal-in-Charge, 1447 Peachtree St, Ste 850 Atlanta GA 30309 4. Fees, Expenses, and Payments: a. The maximum not-to-exceed amount authorized for this agreement is $94,500.00 US DOLLARS which includes the services as shown below. Progress payments shall be paid to the TSW as described in Appendix A. b. TSW shall track, log and report hours and expenses directly related to this Agreement. Invoices shall be itemized by phase. Invoice and payment requests shall not exceed the percentage of work completed as defined by Appendix A. c. Payment Terms: All invoices are payable upon approval and due within thirty (30) calendar days. If a portion of an invoice or statement is disputed by CITY, the undisputed portion shall be paid. CITY OF FAYETTEVILLE shall advise TSW in writing of the basis for any disputed portion of any invoice. CITY shall make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved. d. Monthly invoices for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with TSW normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in accordance with a format to be developed by TSW and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE’S approval and acceptance with the satisfactory completion of professional services for the Project. e. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, TSW shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by TSW to be set forth therein. i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE claims against TSW or sureties under this Agreement. 5. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 6. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 7. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 8. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the architect will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 9. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 10. Omissions by the Architect: If TSW fails to include or omits an item from the Contract Documents, which was fully anticipated to be included in the Project, thereby necessitating the need for a Change Order, TSW will not receive a fee for work associated with the Change Order. 11. Insurance: TSW shall furnish a certificate of insurance addressed to the City of Fayetteville, showing coverages for the following insurance which shall be maintained throughout the term of this agreement. Any work sublet to major subconsultants including MEP, Structural, and Civil, TSW shall require the subconsultant to provide the insurance identified. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, TSW shall provide and shall cause each Subcontractor to provide adequate insurance for the protection of such of his employees as are not otherwise protected. a. TSW shall provide to the City certificates as evidence of the specified insurance presented in Appendix C within ten (10) calendar days of the date of this agreement and upon each renewal coverage. The City shall be listed as additional insured entity. b. Subconsultants shall maintain reasonable insurance including but not limited to worker’s compensation, auto as applicable, general liability, errors and omissions, etc. 12. Professional Responsibility: TSW will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to TSW any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so TSW can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of TSW. 13. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of TSW: i. Provide full information as to the requirements for the Project. ii. Assist TSW by placing at TSW’s disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist TSW in obtaining access to property reasonably necessary for TSW to perform its services under this Agreement. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by TSW and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to TSW in a timely manner. vi. The City of Fayetteville’s Parks, Natural Resources & Cultural Affairs Director is the project representative with respect to the services to be performed under this Agreement. The Parks & Recreation Director shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 14. Cost Opinions and Projections: Cost opinions and projections prepared by TSW relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on TSW’s experience, qualifications, and judgment as a design professional. Since TSW has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors’ procedures and methods, unavoidable delays, construction Contractors’ methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, TSW does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by TSW. 15. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. TSW will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included within Appendix A. 16. Debarment Certification: TSW hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 “Debarment and Suspension” requires that all contractors receiving individual awards, using federal funds, and all sub- recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. TSW hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 17. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that TSW is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to TSW at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of TSW’s default. d. If termination for default is affected by TSW, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to TSW for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by TSW relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action, TSW shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by TSW in performing this Agreement, whether completed or in process. f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. g. If, after termination for failure of TSW to fulfill contractual obligations, it is determined that TSW had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 18. Delays a. In the event the services of TSW are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond TSW’s reasonable control, TSW shall be entitled to additional compensation and time for reasonable documented costs actually incurred by TSW in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by TSW, City shall be entitled to compensation for its reasonable costs incurred in temporarily closing down or delaying the project. The City does not agree to waive its right to claim (in addition to direct damages) special, indirect, or consequential damages, whether such liability arises in breach of contract or warranty, tort (including negligence), strict or statutory liability, or any other cause of action. 19. Rights and Benefits a. TSW ‘s services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 20. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and TSW which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or TSW in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give TSW written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and TSW shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of TSW and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 21. Sufficient Funds: The CITY represents it has sufficient funds or the means of obtaining funds to remit payment to TSW for services rendered by TSW. 22. Publications: a. Recognizing the importance of professional development on the part of TSW’s employees and the importance of TSW’s public relations, TSW may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to TSW’s services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE’s advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE’s comments to TSW, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of TSW’s activities pertaining to any such publication shall be for TSW’s account. 23. Indemnification: a. TSW’s shall indemnify, hold harmless and, not excluding the City’s right to participate, defend the City and any of its officers, or employees from and against all liabilities, claims, actions, damages, losses and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or resulting in any way from the performance of professional services for the City in TSW’s capacity as an landscape architect / planner, and caused by any willful or negligent error, omission, or act of TSW or any person employed by it or anyone for whose acts TSW is legally liable. 24. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. TSW may retain reproduced copies of drawings and copies of other documents. b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by TSW as part of the Services shall become the property of CITY OF FAYETTEVILLE when TSW has been compensated for Services rendered, provided, however, that TSW shall have an unrestricted perpetual license right to their use. TSW shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of TSW. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. TSW makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 25. Additional Responsibilities of TSW: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve TSW of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. TSW shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by TSW’s negligent performance, except beyond the TSW normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE- furnished data. c. TSW’s obligations under this clause are in addition to TSW’s other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against TSW for faulty materials, equipment, or work. d. Deliverables for Record Documents or “as-builts” shall be defined as the following. TSW will provide one set of Drawings in digital (PDF) format that includes final revisions formalized by TSW through the course of the Work. Field revisions as supplied by the CMAR to TSW at close out shall be included as part of TSW’s “As-Builts”. TSW will also provide AutoCAD compatible (DWG) vector format digital background files of a project site plan, floor plans and ceiling plans. 26. Audit and Access to Records: a. TSW shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. TSW shall also maintain the financial information and data used by TSW in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. TSW will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements: ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement: iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of TSW; 2. If there is any indication that fraud, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 27. Covenant Against Contingent Fees: a. TSW warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by TSW for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 28. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that TSW or any of TSW’s agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to TSW terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against TSW as it could pursue in the event of a breach of the Agreement by TSW. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs TSW incurs in providing any such gratuities to any such officer or employee. 29. Clarification and Understanding of all parties: a. TSW shall not assign its duties under the terms of this agreement without prior written consent of the City. Subconsultants identified in TSW’s response shall be permitted as being referenced herein. 30. Equal Employment Opportunity: The parties hereby incorporate by reference the Equal Employment Opportunity Clause required under 41 C.F.R. § 60-1.4, 41 C.F.R. § 60-300.5(a), and 41 C.F.R. § 60-741.5(a), if applicable. a. Architect shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60- 300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. b. Architect and subconsultants certify that they do not maintain segregated facilities or permit their employees to perform services at locations where segregated facilities are maintained, as required by 41 CFR 60-1.8. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and TSW (CONSULTANT), by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS (CITY) TSW (CONSULTANT) By: By: LIONELD JORDAN, MAYOR ADAM WILLIAMSON, PRINCIPAL-IN-CHARGE ATTEST: By: Kara Paxton, City Clerk Date Signed: _________________________ Date Signed: _______9.19.22__________________ Exhibit A: Scope of Services Master Planning Design Services | Walker Park Project Information Walker Park is one of five community parks located within the City of Fayetteville. Each community park is designed to be unique, offering a variety of recreational, social, and cultural opportunities. Community Parks differ from Neighborhood Parks in several ways. Community Parks are generally much larger, developed in a way that they can keep an entire family, or a wider range of people entertained for many hours, developed with their own unique theme and strategically located to maximize equity and accessibility to this important park type. Community Parks having their own unique theme strengthens the recreational value of the park system, giving residents reasons to travel to each of the unique community parks for a wider range of recreational experiences. Walker Park is highly utilized due to its location as the only large community park within the central part of the city. The park currently provides a variety of recreational needs for the community including: a splashpad, skateboard park, racquetball/handball courts, a sand volleyball court, three pavilions, playgrounds, tennis courts, disc golf course, a Senior Citizen Center, and a youth baseball field complex on the southern end of the park. In addition to these activities, the park has a 1.2-mile paved walking path around the perimeter and the Frisco Trail, which passes through the Park, and connects to the regional Razorback Greenway trail system. Several previous planning efforts, which include the City Plan 2040, the Walker Park Neighborhood Master Plan, and public surveying completed in 2018 have placed a high priority on equity in the park system. While each community park is different, the level of effort in development and quality should be consistent. Public feedback suggests Fayetteville citizens desire a moderate increase in the quality of existing facilities. This will require a thoughtful master plan able to lead development of the park while keeping budgets and equity in park improvements in mind. As with the other parks in Fayetteville, this park will be developed over a long- time horizon with many phases. Design should consider ways to increase park safety, support new and additional activations, and create a vibrant park ultimately increasing park use. The design should emerge from a shared vision resulting from input from city staff, the public and stakeholders. TSW understands that this master plan effort will result in both short-term and long-term planning and implementation recommendations. TSW will review current city plans and through a public participation process, work with the community, stakeholders, and the City of Fayetteville to help reconfirm and identify needs to develop a master plan for Walker Park. TSW understands the process of working with municipalities and budgetary constraints and will develop plans that are feasible and able to be phased as needed. Approach Task 1: Project Coordination TASK 1.1 PROJECT MANAGEMENT TSW will guide the Project Management Team (consisting of key City staff members) with project goal setting, engagement efforts, data collection, concept development, and plan drafting. TASK 1.2 KICK-OFF MEETING TSW will conduct a Kick-off Meeting with city staff to review and finalize the following: • Available data resources • Roles and responsibilities of city staff • Project goals • Preliminary schedule with dates for deliverables, meetings, review periods, etc. • Anticipated public participation activities (Note: TSW will provide flyer’s or notices for all public meetings, but City of Fayetteville will be responsible for securing meeting spaces, postage, and advertisement of meetings). • Plan for first site visit TASK 1.3 PROGRESS MEETINGS TSW will meet with City staff monthly throughout the process to review work-to-date and gather feedback. Although we hope to conduct key public meetings in-person, TSW will utilize either Zoom or Teams to conduct virtual progress and review meetings. Task 2: Site Inventory & Analysis TASK 2.1 SITE VISIT & LISTENING TOUR • TSW & city staff will visit Walker Park and the surrounding areas, including downtown and Wilson Park, to better understand existing conditions and document findings. • Gather preliminary feedback in a compact “Listening Tour” format. Meet with other city staff, critical special interest groups, etc. This feedback, along with other sources, is to be used to help determine the programs that drive the two draft concept plans. • Have two public meetings, one at the park and one at the Library, to gather preliminary ideas from people. • Have a two-week open survey to gather preliminary ideas from people online using the city’s website. TSW will prepare the survey with participation from the city. The city will place the survey online and provide links for public meetings. A few paper surveys will be brought to the public meetings for those who do not have technology. • TSW will summarize findings from the “Listening Tour.” • TSW will work with the City of Fayetteville Communications and Park Staff to supply information for the Speak Up Fayetteville website to allow for public engagement throughout the project. • Note that for Task 2.1 and other tasks associated with public planning, flexibility in how meetings are conducted, and activities needed is included in this contract. Some meetings may partner with other planning efforts of the city creating an opportunity for multiple planning efforts to build on grater public feedback. TASK 2.2 STAKEHOLDER INTERVIEW (ZOOM) TSW will conduct a maximum of 10 virtual stakeholder interviews. Stakeholder interviews will be one-on-one or small group discussions. The City of Fayetteville will provide a list of key individuals to be interviewed and assist with scheduling the meetings. TSW will set the meetings up on Zoom or another common web program if they are not held in person. TASK 2.3 ASSESSMENT OF EXISTING CONDITIONS/INVENTORY AND ANALYSIS TSW will review the provided survey and GIS information on the city’s website. The analysis will consider both physical and cultural constraints and opportunities. In addition to the on-site assessment, TSW will review and summarize the City Plan 2040, Walker Park Neighborhood Master Plan, and any other applicable plans or studies to better understand and provide an overview of Walker Park and its context. The deliverable will be an analysis narrative and graphic maps for the inventory and analysis. Task 3: Draft Plans Development and Public Input TASK 3.1 PRELIMINARY CONCEPT PLANS Based on Tasks 1-2 above, TSW, with input from park staff, will develop two preliminary concept plans for Walker Park. The two concept plans will illustrate, at a minimum, two different but realistic approaches to the park based on different programs developed from existing information, inventory and analysis information, and the “listening tour” and special interest group meetings and park staff input. TSW will develop enough information to convey ideas and concepts displayed in the concepts plans including but not limited to plan graphics, supporting renderings, and photography examples of key areas to communicate the character and proposed park components. Graphic styles can be less refined to help illustrate the preliminary nature of this stage of planning. TSW will address the following items during developing plans: • Topography of the site. • Protection/enhancement of significant historic structures and areas. • Protection/enhancement of environmentally sensitive areas including forests, streams, wetlands, and natural areas that provide wildlife habitat and protect water quality. • Attention to utilities, relevant rights of ways and servitudes. • Offsite connections, particularly pedestrian. • Information for possible themes that could help guide park development will be explored with an opportunity for the public to prioritize possible directions. (Cost Estimate not needed for this task). TASK 3.2 CONCEPT PLANS PUBLIC MEETING TSW will conduct 2-3 Public Meetings as needed, possibly onsite at the park and potentially at the library or at other city venues, to review the proposed concept plans. These meetings will utilize an open house format with a minimum of 2 hours to allow greater participation. Key activities will include: • Concept Plan Alternatives Presentation to review the two preliminary concept plans, including different park components, opportunities and challenges of each presented in an open house format. • Project Stations - 3-4 staffed Project Stations displaying preliminary concept plans that allow participants to review each concept thoroughly, ask questions, and provide feedback. A survey will be prepared to help gather public input on the two plans. • TSW will provide material for city to put the preliminary plans and survey questions on the city’s Speakup website for additional public input over a two-week window. • TSW will prepare a survey to be approved by city staff based on the concept plans including questions that help determine public priorities. • TSW will supply the city with information for the Speakup website, including all applicable diagrams, maps, and other visuals as needed for the project website. The city will be responsible for the management and maintenance of the website throughout the duration of the project. Task 4: Draft Master Plan Development TASK 4.1 DEVELOPMENT OF DRAFT MASTER PLAN Utilizing information gathered from prior tasks, TSW and park staff, will determine a final program to guide a draft master plan for Walker Park. The draft plan will illustrate proposed improvements with an improved graphic style from the draft plans. Areas of attention for the draft master plan will include: ■ Site opportunities, constraints, and generally accepted design standards related to the proposed recreation facilities and uses including any applicable local recreation and park agency standards. ■ Working with the topography of the site. ■ Compliance with applicable laws, regulations, and guidelines including land subdivision, zoning, ADA Standards for Accessible Design, Uniform Construction Code, American Society for Testing Materials (ASTM) standards, and the Consumer Product Safety Commission (CPSC) guidelines pertaining to playground areas and equipment. ■ Protection/enhancement of significant historic structures and areas. ■ Protection/enhancement of environmentally sensitive areas including forests, streams, wetlands, and natural areas that provide wildlife habitat and protect water quality. ■ Sustainable site design and green infrastructure/materials that may reduce environmental impact and lower maintenance and operation costs. ■ Attention to utilities, relevant rights of ways and servitudes. ■ Offsite connections particularly pedestrian. ■ Establishment and maintenance of sustainable riparian native grass and/or forest buffers. ■ Stormwater management. ■ Maintenance access ■ Revised cost estimate based on revisions made to the plan ■ TSW will review the development of the master plan with Park Staff at 30% and 60% intervals. TASK 4.2 DRAFT MASTER PLAN PRESENTATION AND PUBLIC FEEDBACK TSW will conduct a final on-site public meeting to present the draft master plans and preliminary cost estimation for Walker Park. The public meeting will be open house style and will include large format boards with design concepts and staffed areas to answer questions and document any comments/ recommendations. A written survey will be used to capture public thoughts and priorities based on the draft plans. TSW will also present the draft plan to the Parks and Recreation Advisory Board and council on zoom or in person if timing allows. Like the preliminary concept plans, the Draft Plan will be put on the Speak Up website for public feedback. TSW will capture and summarize feedback received in this phase. Due to the complexity and importance of Walker Park and the variability experienced in planning processes, additional public feedback or meetings may be necessary during this and previous Tasks to address comments and issues that may arise during this master planning process. Task 5: Final Master plan ■ After reviewing public feedback with park staff any needed modifications to the Draft Master Plan will be made to produce the final master plan. The final master plan will be produced in high quality graphics and include a narrative report summarizing the planning process, feedback received, points of interest, and including inventory and analysis information. A cost estimate by areas and major amenities will be included. ■ TSW will make one virtual formal presentation of the Final Master Plan to the Parks Board, and one to the City Council if desired, for adoption of the plan. TASK 5.1 NARRATIVE REPORT & PRINTS TSW will create a formatted, final report that includes all work completed for Tasks 1-4, as well as any necessary supplemental documents and appendices. TSW will provide 5 hard copies of the written report, an electronic copy in PDF and native file format, and 5 hard copy prints of the scaled illustrative master plan for the park (24” x 36” page size) and an electronic copy of the illustrative master plan in its native file format. Exhibit B: FEES Master Planning Design Services | Walker Park The scope of work will be completed for a NOT TO EXCEED FEE OF $90,000.00. Task 6: Reimbursable Expenses will be completed as a NOT TO EXCEED TASK OF $4,500. Billings will include hours for team members. Fee Breakdown by Task TASK FEE Task 1: Project Coordination $8,000 Task 2: Site Inventory & Analysis $10,000 Task 3: Public Participation $25,000 Task 4: Master Plan Development $35,000 Task 5: Final Deliverables $12,000 Work Task Total $90,000 (Not to exceed) Task 6: Reimbursable Expenses $4,500 Project Total $94,500 Reimbursable Expenses Reimbursable Expenses are in addition to compensation for Basic Services. Reimbursable expenses incurred by TSW for this project such as travel, and printing expenses shall be billed at TSW’s cost plus up to 10% for all expenses except air and lodging. Consultants are to use good judgment in spending taxpayer funds and incurring expenses. Receipts are to be provided. Expenses are not to exceed $4,500 without written authorization. TSW PROJECT TEAM TSW TEAM ORGANIZATION PUBLIC PARTICIPATION Adam Williamson Beverly Bell Katy O’Meilia Jamie Pierson + Support Staff STAKEHOLDER INTERVIEWS CITIZEN SURVEY 2-3 PUBLIC MEETINGS AS NEEDED SITE INVENTORY & ANALYSIS Adam Williamson Beverly Bell Jamie Pierson Tiffany Moo-Young CONCEPT PLAN DEVELOPMENT Adam Williamson Beverly Bell Katy O’Meilia David Lintott TSW PROJECT MANAGEMENT / COORDINATION PRINCIPAL-IN-CHARGE: Adam Williamson PROJECT MANAGER: Beverly Bell FINAL DELIVERABLES Adam Williamson Beverly Bell Katy O’Meilia Jamie Pierson Tiffany Moo-Young Adam Williamson, PLA, LEED AP PRINCIPAL-IN-CHARGE / LEAD LANDSCAPE ARCHITECT Adam, a Principal at TSW with over 25 years of experience, is a planner and land- scape architect who specializes in planning and revitalization of activity centers, commercial districts, and corridors. He has worked on a variety of implemented projects, including rural to urban master plans, private developments, higher education facilities, and streetscape revitalization projects. Adam has extensive experience leading public charrettes and workshops to develop realistic community supported plans. REPRESENTATIVE PROJECTS: City of Powder Springs Town Green Park (Powder Springs, GA) - Principal-in- Charge for creating a Town Green park at center of Powder Spring’s Town Square. TSW’s final design emphasized a multi-use amphitheater/flex lawn, signature splash pad, and trailhead connecting to the Silver Comet Trail. Additionally, the plan analyzed the proposed amphitheater and provided recommendations for the size of the facility including the stage and bathrooms. The design includes a conceptual design for a gateway entry sign into the park. Cherokee County Parks and Trails Area Plan (Cherokee County, GA) - Principal- in-Charge and Landscape Architect for development of a parks and trails area plan for the southwest portion of the county that addressed underutilized parcels owned or leased by the County to provide new recreational opportunities along with a system of arterial trails to connect the parks. Heritage Park (Perry, GA) - Principal-in-Charge for a park in Perry, GA that included a large, grand open lawn that can be used as multi-use fields, surrounded by a ½-mile loop that connects to the larger park loop, serving as a recreational trail connecting the pieces of the park. A fenced in dog park anchors the south end of the site, containing both a small dog park and a large dog park. Woodstock Downtown Parks (Woodstock, GA) - Project Manager for the master plan and landscape architecture for a 32-acre downtown redevelopment that includes a commercial core and residential area. Included in this project was sustainable design of streetscapes, parks and plazas that created an award-winning mixed-use downtown. City of Dunwoody Multi-use Trails (Dunwoody, GA) - Principal-in-Charge to design and develop construction documents for a multi-use path along Winters Chapel Road and Cotillion Drive. Landscape and lighting layout plans follow AASHTO requirements. Clarksville Multi-Use Trail (Clarksville, TN) - Landscape Architect for master plan to construction documents for the multi-use trails in the riverfront and historic downtown area of Clarksville that reconnected the town to the river. [SPLOST funded] City of Kennesaw Depot Park & Trails Master Plan (Kennesaw, GA) - Landscape Architect for 12-acre park in the historic portion of downtown Kennesaw The master plan will also focus on options for linkages to the museum and future street system. Components will include surface parking and bus turnaround, plaza area for events, restroom facilities, playground area, roundabout, landscape and hardscape improvements, and improved pedestrian underpass. Education: 1997 Bachelor of Landscape Architecture University of Georgia Professional Status: Registered Landscape Architect: GA (#1089), NC (#1769), and SC (#1064) American Institute of Certified Planners LEED Accredited Professional Professional Affiliations: APA / GPA Urban Land Institute CNU Awards: 2019 APA Small Town and Rural Planning Division - Vernon Deines Award: Downtown Kingsport Master Plan 2017 CNU Charter Award: Duluth - Parsons Alley CONTRACT FOR PROFESSIONAL SERVICES RFQ 22-01, ENGINEERING & ARCHITECTURAL SERVICES SELECTION 10 – WALKER PARK MASTER PLAN between City of Fayetteville, Arkansas and TSW, Inc. THIS AGREEMENT is executed this __________ day of ______________________, 2022, by and between the City of Fayetteville acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and TSW, Inc. (hereinafter called “TSW” or “Consultant”). CITY OF FAYETTEVILLE from time to time requires professional services in connection with the master planning of parks. TSW was selected through RFQ 22-01, Selection 9to provide the scope of work outlined and identified in this contract. Therefore, City and TSW in consideration of their mutual covenants agree as follows: TSW shall serve as the professional consultant to the CITY in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a licensed landscape architect or architect registered in the State of Arkansas and qualified in the particular field. 1. Contracted parties: a. This agreement shall be binding between all parties. Fees for professional services shall be provided as identified in appendices. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Parties shall not be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. This agreement may be modified only by a duly executed written instrument signed by the CITY and TSW. a. Appendices included under this agreement include the following and shall govern in the following order. Contract language in this document shall prevail over all exhibits: i. Appendix A: Scope of Work & Fees ii. Appendix B: TSW’s RFQ response iii. Appendix C: TSW’s Certificate of Insurance 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 TSW: Attention: Adam Williamson, PLA, LEED AP, Principal-in-Charge, 1447 Peachtree St, Ste 850 Atlanta GA 30309 4. Fees, Expenses, and Payments: a. The maximum not-to-exceed amount authorized for this agreement is $94,500.00 US DOLLARS which includes the services as shown below. Progress payments shall be paid to the TSW as described in Appendix A. b. TSW shall track, log and report hours and expenses directly related to this Agreement. Invoices shall be itemized by phase. Invoice and payment requests shall not exceed the percentage of work completed as defined by Appendix A. c. Payment Terms: All invoices are payable upon approval and due within thirty (30) calendar days. If a portion of an invoice or statement is disputed by CITY, the undisputed portion shall be paid. CITY OF FAYETTEVILLE shall advise TSW in writing of the basis for any disputed portion of any invoice. CITY shall make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved. d. Monthly invoices for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with TSW normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in accordance with a format to be developed by TSW and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE’S approval and acceptance with the satisfactory completion of professional services for the Project. e. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, TSW shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by TSW to be set forth therein. i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE claims against TSW or sureties under this Agreement. 5. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 6. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 7. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 8. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the architect will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 9. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 10. Omissions by the Architect: If TSW fails to include or omits an item from the Contract Documents, which was fully anticipated to be included in the Project, thereby necessitating the need for a Change Order, TSW will not receive a fee for work associated with the Change Order. 11. Insurance: TSW shall furnish a certificate of insurance addressed to the City of Fayetteville, showing coverages for the following insurance which shall be maintained throughout the term of this agreement. Any work sublet to major subconsultants including MEP, Structural, and Civil, TSW shall require the subconsultant to provide the insurance identified. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, TSW shall provide and shall cause each Subcontractor to provide adequate insurance for the protection of such of his employees as are not otherwise protected. a. TSW shall provide to the City certificates as evidence of the specified insurance presented in Appendix C within ten (10) calendar days of the date of this agreement and upon each renewal coverage. The City shall be listed as additional insured entity. b. Subconsultants shall maintain reasonable insurance including but not limited to worker’s compensation, auto as applicable, general liability, errors and omissions, etc. 12. Professional Responsibility: TSW will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to TSW any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so TSW can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of TSW. 13. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of TSW: i. Provide full information as to the requirements for the Project. ii. Assist TSW by placing at TSW’s disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist TSW in obtaining access to property reasonably necessary for TSW to perform its services under this Agreement. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by TSW and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to TSW in a timely manner. vi. The City of Fayetteville’s Parks, Natural Resources & Cultural Affairs Director is the project representative with respect to the services to be performed under this Agreement. The Parks & Recreation Director shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 14. Cost Opinions and Projections: Cost opinions and projections prepared by TSW relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on TSW’s experience, qualifications, and judgment as a design professional. Since TSW has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors’ procedures and methods, unavoidable delays, construction Contractors’ methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, TSW does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by TSW. 15. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. TSW will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included within Appendix A. 16. Debarment Certification: TSW hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 “Debarment and Suspension” requires that all contractors receiving individual awards, using federal funds, and all sub- recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. TSW hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 17. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that TSW is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to TSW at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of TSW’s default. d. If termination for default is affected by TSW, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to TSW for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by TSW relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action, TSW shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by TSW in performing this Agreement, whether completed or in process. f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. g. If, after termination for failure of TSW to fulfill contractual obligations, it is determined that TSW had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 18. Delays a. In the event the services of TSW are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond TSW’s reasonable control, TSW shall be entitled to additional compensation and time for reasonable documented costs actually incurred by TSW in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by TSW, City shall be entitled to compensation for its reasonable costs incurred in temporarily closing down or delaying the project. The City does not agree to waive its right to claim (in addition to direct damages) special, indirect, or consequential damages, whether such liability arises in breach of contract or warranty, tort (including negligence), strict or statutory liability, or any other cause of action. 19. Rights and Benefits a. TSW ‘s services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 20. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and TSW which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or TSW in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give TSW written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and TSW shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of TSW and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 21. Sufficient Funds: The CITY represents it has sufficient funds or the means of obtaining funds to remit payment to TSW for services rendered by TSW. 22. Publications: a. Recognizing the importance of professional development on the part of TSW’s employees and the importance of TSW’s public relations, TSW may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to TSW’s services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE’s advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE’s comments to TSW, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of TSW’s activities pertaining to any such publication shall be for TSW’s account. 23. Indemnification: a. TSW’s shall indemnify, hold harmless and, not excluding the City’s right to participate, defend the City and any of its officers, or employees from and against all liabilities, claims, actions, damages, losses and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or resulting in any way from the performance of professional services for the City in TSW’s capacity as an landscape architect / planner, and caused by any willful or negligent error, omission, or act of TSW or any person employed by it or anyone for whose acts TSW is legally liable. 24. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. TSW may retain reproduced copies of drawings and copies of other documents. b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by TSW as part of the Services shall become the property of CITY OF FAYETTEVILLE when TSW has been compensated for Services rendered, provided, however, that TSW shall have an unrestricted perpetual license right to their use. TSW shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of TSW. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. TSW makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 25. Additional Responsibilities of TSW: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve TSW of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. TSW shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by TSW’s negligent performance, except beyond the TSW normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE- furnished data. c. TSW’s obligations under this clause are in addition to TSW’s other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against TSW for faulty materials, equipment, or work. d. Deliverables for Record Documents or “as-builts” shall be defined as the following. TSW will provide one set of Drawings in digital (PDF) format that includes final revisions formalized by TSW through the course of the Work. Field revisions as supplied by the CMAR to TSW at close out shall be included as part of TSW’s “As-Builts”. TSW will also provide AutoCAD compatible (DWG) vector format digital background files of a project site plan, floor plans and ceiling plans. 26. Audit and Access to Records: a. TSW shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. TSW shall also maintain the financial information and data used by TSW in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. TSW will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements: ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement: iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of TSW; 2. If there is any indication that fraud, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 27. Covenant Against Contingent Fees: a. TSW warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by TSW for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 28. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that TSW or any of TSW’s agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to TSW terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against TSW as it could pursue in the event of a breach of the Agreement by TSW. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs TSW incurs in providing any such gratuities to any such officer or employee. 29. Clarification and Understanding of all parties: a. TSW shall not assign its duties under the terms of this agreement without prior written consent of the City. Subconsultants identified in TSW’s response shall be permitted as being referenced herein. 30. Equal Employment Opportunity: The parties hereby incorporate by reference the Equal Employment Opportunity Clause required under 41 C.F.R. § 60-1.4, 41 C.F.R. § 60-300.5(a), and 41 C.F.R. § 60-741.5(a), if applicable. a. Architect shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60- 300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. b. Architect and subconsultants certify that they do not maintain segregated facilities or permit their employees to perform services at locations where segregated facilities are maintained, as required by 41 CFR 60-1.8. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and TSW (CONSULTANT), by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS (CITY) TSW (CONSULTANT) By: By: LIONELD JORDAN, MAYOR ADAM WILLIAMSON, PRINCIPAL-IN-CHARGE ATTEST: By: Kara Paxton, City Clerk Date Signed: _________________________ Date Signed: _______9.19.22__________________ Exhibit A: Scope of Services Master Planning Design Services | Walker Park Project Information Walker Park is one of five community parks located within the City of Fayetteville. Each community park is designed to be unique, offering a variety of recreational, social, and cultural opportunities. Community Parks differ from Neighborhood Parks in several ways. Community Parks are generally much larger, developed in a way that they can keep an entire family, or a wider range of people entertained for many hours, developed with their own unique theme and strategically located to maximize equity and accessibility to this important park type. Community Parks having their own unique theme strengthens the recreational value of the park system, giving residents reasons to travel to each of the unique community parks for a wider range of recreational experiences. Walker Park is highly utilized due to its location as the only large community park within the central part of the city. The park currently provides a variety of recreational needs for the community including: a splashpad, skateboard park, racquetball/handball courts, a sand volleyball court, three pavilions, playgrounds, tennis courts, disc golf course, a Senior Citizen Center, and a youth baseball field complex on the southern end of the park. In addition to these activities, the park has a 1.2-mile paved walking path around the perimeter and the Frisco Trail, which passes through the Park, and connects to the regional Razorback Greenway trail system. Several previous planning efforts, which include the City Plan 2040, the Walker Park Neighborhood Master Plan, and public surveying completed in 2018 have placed a high priority on equity in the park system. While each community park is different, the level of effort in development and quality should be consistent. Public feedback suggests Fayetteville citizens desire a moderate increase in the quality of existing facilities. This will require a thoughtful master plan able to lead development of the park while keeping budgets and equity in park improvements in mind. As with the other parks in Fayetteville, this park will be developed over a long- time horizon with many phases. Design should consider ways to increase park safety, support new and additional activations, and create a vibrant park ultimately increasing park use. The design should emerge from a shared vision resulting from input from city staff, the public and stakeholders. TSW understands that this master plan effort will result in both short-term and long-term planning and implementation recommendations. TSW will review current city plans and through a public participation process, work with the community, stakeholders, and the City of Fayetteville to help reconfirm and identify needs to develop a master plan for Walker Park. TSW understands the process of working with municipalities and budgetary constraints and will develop plans that are feasible and able to be phased as needed. Approach Task 1: Project Coordination TASK 1.1 PROJECT MANAGEMENT TSW will guide the Project Management Team (consisting of key City staff members) with project goal setting, engagement efforts, data collection, concept development, and plan drafting. TASK 1.2 KICK-OFF MEETING TSW will conduct a Kick-off Meeting with city staff to review and finalize the following: • Available data resources • Roles and responsibilities of city staff • Project goals • Preliminary schedule with dates for deliverables, meetings, review periods, etc. • Anticipated public participation activities (Note: TSW will provide flyer’s or notices for all public meetings, but City of Fayetteville will be responsible for securing meeting spaces, postage, and advertisement of meetings). • Plan for first site visit TASK 1.3 PROGRESS MEETINGS TSW will meet with City staff monthly throughout the process to review work-to-date and gather feedback. Although we hope to conduct key public meetings in-person, TSW will utilize either Zoom or Teams to conduct virtual progress and review meetings. Task 2: Site Inventory & Analysis TASK 2.1 SITE VISIT & LISTENING TOUR • TSW & city staff will visit Walker Park and the surrounding areas, including downtown and Wilson Park, to better understand existing conditions and document findings. • Gather preliminary feedback in a compact “Listening Tour” format. Meet with other city staff, critical special interest groups, etc. This feedback, along with other sources, is to be used to help determine the programs that drive the two draft concept plans. • Have two public meetings, one at the park and one at the Library, to gather preliminary ideas from people. • Have a two-week open survey to gather preliminary ideas from people online using the city’s website. TSW will prepare the survey with participation from the city. The city will place the survey online and provide links for public meetings. A few paper surveys will be brought to the public meetings for those who do not have technology. • TSW will summarize findings from the “Listening Tour.” • TSW will work with the City of Fayetteville Communications and Park Staff to supply information for the Speak Up Fayetteville website to allow for public engagement throughout the project. • Note that for Task 2.1 and other tasks associated with public planning, flexibility in how meetings are conducted, and activities needed is included in this contract. Some meetings may partner with other planning efforts of the city creating an opportunity for multiple planning efforts to build on grater public feedback. TASK 2.2 STAKEHOLDER INTERVIEW (ZOOM) TSW will conduct a maximum of 10 virtual stakeholder interviews. Stakeholder interviews will be one-on-one or small group discussions. The City of Fayetteville will provide a list of key individuals to be interviewed and assist with scheduling the meetings. TSW will set the meetings up on Zoom or another common web program if they are not held in person. TASK 2.3 ASSESSMENT OF EXISTING CONDITIONS/INVENTORY AND ANALYSIS TSW will review the provided survey and GIS information on the city’s website. The analysis will consider both physical and cultural constraints and opportunities. In addition to the on-site assessment, TSW will review and summarize the City Plan 2040, Walker Park Neighborhood Master Plan, and any other applicable plans or studies to better understand and provide an overview of Walker Park and its context. The deliverable will be an analysis narrative and graphic maps for the inventory and analysis. Task 3: Draft Plans Development and Public Input TASK 3.1 PRELIMINARY CONCEPT PLANS Based on Tasks 1-2 above, TSW, with input from park staff, will develop two preliminary concept plans for Walker Park. The two concept plans will illustrate, at a minimum, two different but realistic approaches to the park based on different programs developed from existing information, inventory and analysis information, and the “listening tour” and special interest group meetings and park staff input. TSW will develop enough information to convey ideas and concepts displayed in the concepts plans including but not limited to plan graphics, supporting renderings, and photography examples of key areas to communicate the character and proposed park components. Graphic styles can be less refined to help illustrate the preliminary nature of this stage of planning. TSW will address the following items during developing plans: • Topography of the site. • Protection/enhancement of significant historic structures and areas. • Protection/enhancement of environmentally sensitive areas including forests, streams, wetlands, and natural areas that provide wildlife habitat and protect water quality. • Attention to utilities, relevant rights of ways and servitudes. • Offsite connections, particularly pedestrian. • Information for possible themes that could help guide park development will be explored with an opportunity for the public to prioritize possible directions. (Cost Estimate not needed for this task). TASK 3.2 CONCEPT PLANS PUBLIC MEETING TSW will conduct 2-3 Public Meetings as needed, possibly onsite at the park and potentially at the library or at other city venues, to review the proposed concept plans. These meetings will utilize an open house format with a minimum of 2 hours to allow greater participation. Key activities will include: • Concept Plan Alternatives Presentation to review the two preliminary concept plans, including different park components, opportunities and challenges of each presented in an open house format. • Project Stations - 3-4 staffed Project Stations displaying preliminary concept plans that allow participants to review each concept thoroughly, ask questions, and provide feedback. A survey will be prepared to help gather public input on the two plans. • TSW will provide material for city to put the preliminary plans and survey questions on the city’s Speakup website for additional public input over a two-week window. • TSW will prepare a survey to be approved by city staff based on the concept plans including questions that help determine public priorities. • TSW will supply the city with information for the Speakup website, including all applicable diagrams, maps, and other visuals as needed for the project website. The city will be responsible for the management and maintenance of the website throughout the duration of the project. Task 4: Draft Master Plan Development TASK 4.1 DEVELOPMENT OF DRAFT MASTER PLAN Utilizing information gathered from prior tasks, TSW and park staff, will determine a final program to guide a draft master plan for Walker Park. The draft plan will illustrate proposed improvements with an improved graphic style from the draft plans. Areas of attention for the draft master plan will include: ■ Site opportunities, constraints, and generally accepted design standards related to the proposed recreation facilities and uses including any applicable local recreation and park agency standards. ■ Working with the topography of the site. ■ Compliance with applicable laws, regulations, and guidelines including land subdivision, zoning, ADA Standards for Accessible Design, Uniform Construction Code, American Society for Testing Materials (ASTM) standards, and the Consumer Product Safety Commission (CPSC) guidelines pertaining to playground areas and equipment. ■ Protection/enhancement of significant historic structures and areas. ■ Protection/enhancement of environmentally sensitive areas including forests, streams, wetlands, and natural areas that provide wildlife habitat and protect water quality. ■ Sustainable site design and green infrastructure/materials that may reduce environmental impact and lower maintenance and operation costs. ■ Attention to utilities, relevant rights of ways and servitudes. ■ Offsite connections particularly pedestrian. ■ Establishment and maintenance of sustainable riparian native grass and/or forest buffers. ■ Stormwater management. ■ Maintenance access ■ Revised cost estimate based on revisions made to the plan ■ TSW will review the development of the master plan with Park Staff at 30% and 60% intervals. TASK 4.2 DRAFT MASTER PLAN PRESENTATION AND PUBLIC FEEDBACK TSW will conduct a final on-site public meeting to present the draft master plans and preliminary cost estimation for Walker Park. The public meeting will be open house style and will include large format boards with design concepts and staffed areas to answer questions and document any comments/ recommendations. A written survey will be used to capture public thoughts and priorities based on the draft plans. TSW will also present the draft plan to the Parks and Recreation Advisory Board and council on zoom or in person if timing allows. Like the preliminary concept plans, the Draft Plan will be put on the Speak Up website for public feedback. TSW will capture and summarize feedback received in this phase. Due to the complexity and importance of Walker Park and the variability experienced in planning processes, additional public feedback or meetings may be necessary during this and previous Tasks to address comments and issues that may arise during this master planning process. Task 5: Final Master plan ■ After reviewing public feedback with park staff any needed modifications to the Draft Master Plan will be made to produce the final master plan. The final master plan will be produced in high quality graphics and include a narrative report summarizing the planning process, feedback received, points of interest, and including inventory and analysis information. A cost estimate by areas and major amenities will be included. ■ TSW will make one virtual formal presentation of the Final Master Plan to the Parks Board, and one to the City Council if desired, for adoption of the plan. TASK 5.1 NARRATIVE REPORT & PRINTS TSW will create a formatted, final report that includes all work completed for Tasks 1-4, as well as any necessary supplemental documents and appendices. TSW will provide 5 hard copies of the written report, an electronic copy in PDF and native file format, and 5 hard copy prints of the scaled illustrative master plan for the park (24” x 36” page size) and an electronic copy of the illustrative master plan in its native file format. Exhibit B: FEES Master Planning Design Services | Walker Park The scope of work will be completed for a NOT TO EXCEED FEE OF $90,000.00. Task 6: Reimbursable Expenses will be completed as a NOT TO EXCEED TASK OF $4,500. Billings will include hours for team members. Fee Breakdown by Task TASK FEE Task 1: Project Coordination $8,000 Task 2: Site Inventory & Analysis $10,000 Task 3: Public Participation $25,000 Task 4: Master Plan Development $35,000 Task 5: Final Deliverables $12,000 Work Task Total $90,000 (Not to exceed) Task 6: Reimbursable Expenses $4,500 Project Total $94,500 Reimbursable Expenses Reimbursable Expenses are in addition to compensation for Basic Services. Reimbursable expenses incurred by TSW for this project such as travel, and printing expenses shall be billed at TSW’s cost plus up to 10% for all expenses except air and lodging. Consultants are to use good judgment in spending taxpayer funds and incurring expenses. Receipts are to be provided. Expenses are not to exceed $4,500 without written authorization. TSW PROJECT TEAM TSW TEAM ORGANIZATION PUBLIC PARTICIPATION Adam Williamson Beverly Bell Katy O’Meilia Jamie Pierson + Support Staff STAKEHOLDER INTERVIEWS CITIZEN SURVEY 2-3 PUBLIC MEETINGS AS NEEDED SITE INVENTORY & ANALYSIS Adam Williamson Beverly Bell Jamie Pierson Tiffany Moo-Young CONCEPT PLAN DEVELOPMENT Adam Williamson Beverly Bell Katy O’Meilia David Lintott TSW PROJECT MANAGEMENT / COORDINATION PRINCIPAL-IN-CHARGE: Adam Williamson PROJECT MANAGER: Beverly Bell FINAL DELIVERABLES Adam Williamson Beverly Bell Katy O’Meilia Jamie Pierson Tiffany Moo-Young Adam Williamson, PLA, LEED AP PRINCIPAL-IN-CHARGE / LEAD LANDSCAPE ARCHITECT Adam, a Principal at TSW with over 25 years of experience, is a planner and land- scape architect who specializes in planning and revitalization of activity centers, commercial districts, and corridors. He has worked on a variety of implemented projects, including rural to urban master plans, private developments, higher education facilities, and streetscape revitalization projects. Adam has extensive experience leading public charrettes and workshops to develop realistic community supported plans. REPRESENTATIVE PROJECTS: City of Powder Springs Town Green Park (Powder Springs, GA) - Principal-in- Charge for creating a Town Green park at center of Powder Spring’s Town Square. TSW’s final design emphasized a multi-use amphitheater/flex lawn, signature splash pad, and trailhead connecting to the Silver Comet Trail. Additionally, the plan analyzed the proposed amphitheater and provided recommendations for the size of the facility including the stage and bathrooms. The design includes a conceptual design for a gateway entry sign into the park. Cherokee County Parks and Trails Area Plan (Cherokee County, GA) - Principal- in-Charge and Landscape Architect for development of a parks and trails area plan for the southwest portion of the county that addressed underutilized parcels owned or leased by the County to provide new recreational opportunities along with a system of arterial trails to connect the parks. Heritage Park (Perry, GA) - Principal-in-Charge for a park in Perry, GA that included a large, grand open lawn that can be used as multi-use fields, surrounded by a ½-mile loop that connects to the larger park loop, serving as a recreational trail connecting the pieces of the park. A fenced in dog park anchors the south end of the site, containing both a small dog park and a large dog park. Woodstock Downtown Parks (Woodstock, GA) - Project Manager for the master plan and landscape architecture for a 32-acre downtown redevelopment that includes a commercial core and residential area. Included in this project was sustainable design of streetscapes, parks and plazas that created an award-winning mixed-use downtown. City of Dunwoody Multi-use Trails (Dunwoody, GA) - Principal-in-Charge to design and develop construction documents for a multi-use path along Winters Chapel Road and Cotillion Drive. Landscape and lighting layout plans follow AASHTO requirements. Clarksville Multi-Use Trail (Clarksville, TN) - Landscape Architect for master plan to construction documents for the multi-use trails in the riverfront and historic downtown area of Clarksville that reconnected the town to the river. [SPLOST funded] City of Kennesaw Depot Park & Trails Master Plan (Kennesaw, GA) - Landscape Architect for 12-acre park in the historic portion of downtown Kennesaw The master plan will also focus on options for linkages to the museum and future street system. Components will include surface parking and bus turnaround, plaza area for events, restroom facilities, playground area, roundabout, landscape and hardscape improvements, and improved pedestrian underpass. Education: 1997 Bachelor of Landscape Architecture University of Georgia Professional Status: Registered Landscape Architect: GA (#1089), NC (#1769), and SC (#1064) American Institute of Certified Planners LEED Accredited Professional Professional Affiliations: APA / GPA Urban Land Institute CNU Awards: 2019 APA Small Town and Rural Planning Division - Vernon Deines Award: Downtown Kingsport Master Plan 2017 CNU Charter Award: Duluth - Parsons Alley City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Requestor: 11/01/2022 2022-0935 D - (City Council) / TOTAL - - Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4705.860.7550-5860.02 94,500 - 46050 7550.1000 EX Capital Prof Svcs - Engineering/Architectural 4705.860.7550-5911.99 5,000 - 46050 7550.1000 EX Contingency - Capital Project 4705.860.7999-5899.00 (99,500) - 46050 7999 EX Unallocated - Budget - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.20220919 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# Staff recommends entering into a contract with TSW, Inc. (RFQ 22-01, Selection 10) to provide master plan design services. for Walker Community Park for a fee not to exceed $94,500, to approve a project contingency of $5,000 and associated Budget Adjustment. COUNCIL DATE: CHKD/POSTED: LEGISTAR FILE ID#: Adjustment Number 2022 Alison Jumper PARKS & RECREATION (520)Division /Org2 GLDATE: Budget Director Date Kevin Springer 9/28/2022 2:40 PM TYPE: JOURNAL #: H:\Budget Adjustments\2022_Budget\CITY COUNCIL\10-18-22\2022-0935 BA Walker Park Master Plan.xlsm 1 of 1 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0968 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.7 RODNEY RYAN PARK SIDEWALK: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $16,615.00 RECOGNIZING PARK LAND DEDICATION FEES FROM THE SOUTHWEST PARK QUADRANT TO BE USED FOR IMPROVEMENTS TO RODNEY RYAN PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the total amount of $16,615.00 recognizing parkland dedication fees from the Southwest Park Quadrant to be used to construct a sidewalk connecting East Black Canyon Street to Rodney Ryan Park and to improve an existing drainage culvert. Page 1 City of Fayetteville, Arkansas Printed on 10/26/2022 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: 02013.2202 Project Number Budget Impact: Neighborhood Park Dev - Rodney Ryan Impr Fund Parks Development2250.520.9256-5806.00 Account Number Project Title City of Fayetteville Staff Review Form 2022-0968 Legistar File ID 11/1/2022 City Council Meeting Date - Agenda Item Only Resolution to approve use of $16,615.00 from Parkland Dedication Southeast Quadrant to construct a sidewalk connecting East Black Canyon Street to Rodney Ryan Park playground and to improve an existing drainage culvert and to approve the budget adjustment recognizing Parkland Dedication revenue. N/A for Non-Agenda Item Action Recommendation: Submitted By Zach Foster PARKS & RECREATION (520) Division / Department 10/3/2022 Submitted Date Yes 886,062.58$ 16,615.00$ 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 992,166.00$ 106,103.42$ Yes Yes 16,615.00$ 886,062.58$ MEETING OF NOVEMBER 1, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs Ted Jack, Park Planning Superintendent FROM: Zach Foster, Park Planner II DATE: October 6, 2022 SUBJECT: Recognition of Parkland Dedication Funding for Rodney Ryan Park Improvements RECOMMENDATION: Resolution to approve use of $16,615.00 from Parkland Dedication Southeast Quadrant to construct a sidewalk connecting East Black Canyon Street to Rodney Ryan Park playground and to improve an existing drainage culvert and to approve the budget adjustment recognizing Parkland Dedication revenue. BACKGROUND: Rodney Ryan Park is a 7.8 acre park that was established in 2008 alongside the Stonebridge subdivision south of Highway 16 East. The Hamptons subdivision was constructed in 2012 directly north of Rodney Ryan Park without park access. In 2020, Fayetteville Parks accepted a 0.4 acre land donation from The Hamptons POA, which connected the park’s northern boundary to The Hamptons subdivision along E Black Canyon St. One of the conditions of accepting the land donation was to construct an entrance sidewalk from E Black Canyon St into Rodney Ryan Park. DISCUSSION: The proposed sidewalk will complete the donation agreement made between the POA and the City in 2020. The ADA accessible sidewalk will improve access to Rodney Ryan Park for over 100 single- family homes north of E Black Canyon Street. Construction will simultaneously include improvements to an existing drainage ditch culvert. Four bids were received. Sweetster Construction was the low bid in the amount of $16,615.00 was accepted for project construction. BUDGET/STAFF IMPACT: Adequate unrecognized Parkland Dedication funds are available in the Southeast Quadrant. Staff time will be used to oversee the project’s progress. Attachments: SRF Bid Responses Budget Adjustment Construction Drawings Project Rodney Ryan Sidewalk Construction Bid Open Friday, September 2, 2022 Bid Close Friday, September 23, 2022 BID RANK BIDDER BASE BID DIFFERENCE 1 Sweetster Construction 16,615.00$ -$ 2 81 Construction Group 16,810.00$ (195.00)$ 3 Crossland Heavy Contractors 42,140.00$ (25,525.00)$ N/A Boulder Construction No Bid No Bid Winning Bid:Sweetster Construction $16,615.00 Name Bid BID SUMMARY 1 Foster, Zach From:Charlie Miller <charlie@sweetserconstruction.com> Sent:Friday, September 16, 2022 3:14 PM To:Jack, Ted; Foster, Zach Subject:Revised Quote for Rodney Ryan Park 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. Ted, The following price is turn key includes compaction of excavated areas, 4000 psi 6” concrete with fiber and rebar , 4” concrete with fiber, install 15”HDPE drain pipe, excavating disposed of on site, backfilling, seed and straw. Total turn key price : $16,615.00 Charles W. Miller Sweetser Construction, Inc. 590 West Poplar Fayetteville, Arkansas 72703 Office 479‐443‐3026 Fax 479‐442‐0119 charlie@sweetserconstruction.com 81 Construction Group, Inc. P.O. Box 844 Siloam Springs, AR 72761 Office (479) 524-6691 Fax (479) 524-6692 Cell (479) 935-0381 Email: 81construction@gmail.com Date: 9/12/22 City of Fayetteville, AR ATTN: Ted Jack RE: Rodney Ryan Park Our turnkey price for the Rodney Ryan Park Sidewalk and storm drain is: $16,810.00 Respectfully Rome Wesson 81 Construction Group Inc. 479-935-0381 1 Foster, Zach From:Ron Edmond <redmond@heavycontractors.com> Sent:Thursday, September 15, 2022 2:12 PM To:Foster, Zach Cc:Jack, Ted Subject:RE: Rodney Ryan Sidewalk Construction 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. Zach, Our price is $42,140 we included everything for the work, bond and insurance are included. Thanks, Ron Edmond Sr. Project Manager PO Box 350 Columbus, KS 66725 Phone: 620‐429‐1410 Fax: 620‐429‐2977 Cell: 918‐281‐9182 redmond@heavycontractors.com website: www.heavycontractors.com Connect with us: Please consider the environment before printing this e‐mail. From: Foster, Zach <zfoster@fayetteville‐ar.gov> Sent: Tuesday, September 13, 2022 5:20 PM To: Ron Edmond <redmond@heavycontractors.com> Cc: Jack, Ted <tjack@fayetteville‐ar.gov> Subject: RE: Rodney Ryan Sidewalk Construction EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Ron, Thanks for your interest. We’ll be closing the bid window next Friday, September 23rd at 5:00pm. Warm regards, Zach Foster Park Planner II Parks and Recreation City of Fayetteville, Arkansas 2 zfoster@fayetteville‐ar.gov 479.444.3472 From: Ron Edmond <redmond@heavycontractors.com> Sent: Monday, September 12, 2022 2:14 PM To: Foster, Zach <zfoster@fayetteville‐ar.gov> Cc: Jack, Ted <tjack@fayetteville‐ar.gov> Subject: RE: Rodney Ryan Sidewalk Construction 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. Zach, When do you need this pricing? And When do you need the work done? Sorry for the late response. Thanks, Ron Edmond Sr. Project Manager PO Box 350 Columbus, KS 66725 Phone: 620‐429‐1410 Fax: 620‐429‐2977 Cell: 918‐281‐9182 redmond@heavycontractors.com website: www.heavycontractors.com Connect with us: Please consider the environment before printing this e‐mail. From: Foster, Zach <zfoster@fayetteville‐ar.gov> Sent: Friday, September 2, 2022 3:40 PM To: Ron Edmond <redmond@heavycontractors.com> Cc: Jack, Ted <tjack@fayetteville‐ar.gov> Subject: Rodney Ryan Sidewalk Construction EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Ron, Fayetteville Parks has a small project coming up at Rodney Ryan park. It’s a 5’ wide sidewalk running ~225LF to connect a neighborhood to Rodney Ryan playground through an empty lot. There’s no rush on this project. Please see the attached document and let me know if this is something your team would be interested in. If so, we will need a turn‐key cost estimate. I will be out of office next week but Ted can answer any other questions you may have. Warm regards, Zach Foster Park Planner II 3 Parks and Recreation City of Fayetteville, Arkansas zfoster@fayetteville‐ar.gov 479.444.3472 1 Foster, Zach From:Foster, Zach Sent:Wednesday, September 14, 2022 2:36 PM To:Boulder Construction Cc:ron@boulderconst.com; Jack, Ted Subject:RE: Bid Request for Centennial and Kessler Park Projects Hi Corrin, These are invitation only bids. Zach Foster Park Planner II Parks and Recreation City of Fayetteville, Arkansas zfoster@fayetteville‐ar.gov 479.444.3472 From: Boulder Construction <office@boulderconst.com> Sent: Wednesday, September 14, 2022 2:21 PM To: Foster, Zach <zfoster@fayetteville‐ar.gov> Cc: ron@boulderconst.com; Jack, Ted <tjack@fayetteville‐ar.gov> Subject: RE: Bid Request for Centennial and Kessler Park Projects 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. Thanks Zach, Are these two bids on the portal or are these invitation only bids? Corrin Troutman Boulder Construction Inc. 1423 West Cato Springs Road Fayetteville, AR 72701 Phone: 479.521.8881 Fax: 866.755.7812 office@boulderconst.com From: Foster, Zach [mailto:zfoster@fayetteville-ar.gov] Sent: Tuesday, September 13, 2022 5:12 PM To: office@boulderconst.com Cc: ron@boulderconst.com; Jack, Ted Subject: RE: Bid Request for Centennial and Kessler Park Projects 2 Good afternoon, I would like to provide additional information regarding the Centennial Monument Sign Bid Request: 1. Project timeline will be 60 days from award of bid 2. Stone engraving will be limited to the tall center “Centennial Park” stone with logo and the small center “City of Fayetteville Arkansas” stone. The NWA Trailblazers and OORC logos can be installed with a different material such as metal. 3. The black metal pipe with metal biker will be installed similar to the metalwork found at Centennial Park’s “Stonehenge” feature. The metal bikers are to be laser cut. Artwork is to be approved by owner. 4. Fill yardage is estimated to be 25cu.yds. 5. Tall center stone is to be set in reinforced concrete to insure strong support – see attached updated conceptual detail 6. Bid deadline is Friday, September 23rd at 5:00pm a. Corrin‐ This will be the bid deadline for the Rodney Ryan sidewalk project as well Thank you again for your interest. Zach Foster Park Planner II Parks and Recreation City of Fayetteville, Arkansas zfoster@fayetteville‐ar.gov 479.444.3472 From: Foster, Zach Sent: Friday, September 2, 2022 4:24 PM To: office@boulderconst.com Cc: ron@boulderconst.com; Jack, Ted <tjack@fayetteville‐ar.gov> Subject: RE: Bid Request for Centennial and Kessler Park Projects Oops‐ the subject line reads “Centennial and Kessler Park Projects” but it should read “Centennial and Rodney Ryan Park Projects.” Sorry ‘bout that! zf From: Foster, Zach Sent: Friday, September 2, 2022 4:21 PM To: office@boulderconst.com Cc: ron@boulderconst.com; Jack, Ted <tjack@fayetteville‐ar.gov> Subject: Bid Request for Centennial and Kessler Park Projects Hi Corrin, It was great to chat with you just now. I’d like to share the two projects I spoke about with you just in case Boulder Construction would like to send us a bid. The first project will be constructing a monument sign for Centennial Park at the main entry. The attached drawing show a plan view and a perspective of the proposed sign. Having text engraved into the stone is preferred. 3 The second project will be constructing a 5’ wide sidewalk that runs 225LF to connect a neighborhood to Rodney Ryan playground through an empty lot. Please see the attached document and let me know if this is something your team would be interested in. If so, we will need a turn‐key cost estimate. I will be out of office next week but my boss, Ted Jack, can answer any questions you may have in my absence. See you at the next BGO meeting! Zach Foster Park Planner II Parks and Recreation City of Fayetteville, Arkansas zfoster@fayetteville‐ar.gov 479.444.3472 4" or 6" thick concrete. Match finish to existing nearby sidewalks #4 Rebar and/or Mesh reinforcement installed 2" from bottom and 2" from edges 0.5" to 1" drop from top of sidewalk to Finished Grade Compacted Subgrade5' SLOPE 1% - 2% 0.5" Radius 4" Concrete w/ Mesh Reinforcement only Run Parallel to Property Line Modify Existing 15" Pipe Culvert (See Notes) 4" Concrete w/ Mesh Reinforcement only 6" Concrete w/ Mesh & Rebar Reinforcement E.J. E.J.(TYP) (3) #4 16" Rebar E.J. Set pipes as deep as possible while maintaining positive drainage 30 ' o f 6 " T h i c k 16" Gap (2) 15" x 20' Pipe Center on Walk Fill and Compact w/ SB2 Rebar spaced 2" from all concrete edges #4 Rebar Evenly Spaced (In 6" concrete only) Additional Rebar Along Center #4 Smooth Rebar 16" long Expansion Joint RO D N E Y R Y A N SI D E W A L K C O N S T R U C T I O N OV E R A L L L A Y O U T P L A N CI T Y O F AR K A N S A S FA Y E T T E V I L L E A1 Sidewalk Detail NOTES: -Sidewalk alignment set in field -Running slope to not exceed 4.9% -Reposition existing 15" pipe & add one more pipe. Center pipes on walk. -Excavate 2-3" of topsoil for 4" concrete and 4-5" of topsoil for 6" concrete -Extend concrete 2' min. perpendicular to playground before it begins to angle -Mesh fiber reinforcement throughout sidewalk. Mesh fiber and #4 rebar in 6" concrete only. -4000 PSI throughout Flush Flush ESTIMATED 1,140SF CONCRETE TOTAL (225LF x 5' wide) Culvert Section View Culvert Plan View Rodney Ryan Park E Black Canyon St City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Requestor: 11/1/2022 2022-0968 D - (City Council) 11/1/2022 / TOTAL 16,615 16,615 Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 2250.520.9256-4419.03 - 16,615 02013 2202 RE Greenspace Fees - SE 2250.520.9256-5806.00 16,615 - 02013 2202 EX Improvements - Park - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.20220919 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# Resolution to approve use of $16,615.00 from Parkland Dedication Southeast Quadrant to construct a sidewalk connecting East Black Canyon Street to Rodney Ryan Park playground and to improve an existing drainage culvert and to approve the budget adjustment recognizing Parkland Dedication revenue. COUNCIL DATE: CHKD/POSTED: LEGISTAR FILE ID#: Adjustment Number 2022 Alan Bearden PARKS & RECREATION (520)Division /Org2 GLDATE: Budget Director Date Holly Black 10/10/2022 10:27 AM TYPE: JOURNAL #: H:\Budget Adjustments\2022_Budget\CITY COUNCIL\11-01-22\2022-xxxx BA Rodney Ryan Park Improvements 1 of 1 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0972 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: A.8 GRAYBAR ELECTRIC COMPANY, INC.: A RESOLUTION TO APPROVE THE PURCHASE OF ELECTRICAL CONDUIT, WIRE AND FITTINGS FROM GRAYBAR ELECTRIC COMPANY, INC. IN THE AMOUNT OF $42,911.15 PLUS APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO AN OMNIA PARTNERS COOPERATIVE PURCHASING CONTRACT 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 electrical conduit, wire and fittings from Graybar Electric Company, Inc. in the amount of $42,911.15, plus applicable taxes and freight charges, pursuant to an OMNIA Partners Cooperative Purchasing Contract for use at the Biosolids Management Site. Page 1 City of Fayetteville, Arkansas Printed on 10/26/2022 10/11/2022 Submitted Date Yes 2,717,896.24$ 47,094.99$ 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 4,836,028.00$ 2,118,131.76$ Yes No -$ 2,670,801.25$ 02032.1 Project Number Budget Impact: WWTP Building Improvements Fund Water and Sewer5400.730.5800-5400.00 Account Number Project Title City of Fayetteville Staff Review Form 2022-0972 Legistar File ID 11/1/2022 City Council Meeting Date - Agenda Item Only Staff recommends approval of the purchase of electrical conduit, wire, and fittings for the Biosolids Management Site from Graybar Electric Company, Inc. in the amount of $42,911.15 plus applicable taxes and freight charges pursuant to an OMNIA Partners Cooperative Purchasing Contract. N/A for Non-Agenda Item Action Recommendation: Submitted By Tim Nyander WASTEWATER TREATMENT (730) Division / Department Comments:Taxes are estimated at $4,183.84 for an estimated total of $47,094.99. Freight is included within the quoted price. Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: MEETING OF NOVEMBER 1, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: October 11, 2022 SUBJECT: Graybar Electric Company – Electrical Conduit, Wire, and Fittings for the Thermal Dryer Building at the Biosolids Management Site RECOMMENDATION: Staff recommends approval of the purchase of electrical conduit, wire, and fittings for the Biosolids Management Site from Graybar Electric Company, Inc. in the amount of $42,911.15 plus applicable taxes and freight charges pursuant to an OMNIA Partners Cooperative Purchasing Contract. BACKGROUND: In December of 2021, the thermal dryer at the Biosolids Management Site (BMS) failed. The City approved an agreement with Griffin Residuals, LLC at the August 16, 2022 City Council meeting that included a Drying-as-a-Service agreement allowing Griffin Residuals to dry biosolids at the BMS. Electrical improvements are needed at the thermal dryer building before Griffin Residuals can install their equipment and begin drying the City’s biosolids. DISCUSSION: Graybar Electric Company submitted a quote in the amount of $42,911.15 for all of the necessary electrical conduit, wire, and fittings to prepare the building for installing some electrical components already purchased. The pricing on the Graybar quote is through OMNIA Partners cooperative purchasing program, Master Agreement #EV2370. Staff recommends approving the purchase of the conduit, wire, and fittings to prepare the thermal dryer building for the installation of the new dryer. Taxes are estimated at $4,183.84 for an estimated total of $47,094.99. Freight is included within the quoted price. BUDGET/STAFF IMPACT: Funds are available in the WWTP Building Improvements account. Attachments: Quote from Graybar Electric Company 516A EAST ROBINSON SPRINGDALE AR 72764-7132 Phone: 479-725-4900 Fax: 479-872-6680 To: CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 Attn: Shea Fankhouser Phone: 479-521-7700 Email: Fax: 479-575-8250 Date: 09/16/2022 Project Name: BMS SOLAR HOUSE OUTSIDE GB Quote #: 0241634755 Purchase Order Nbr: Release Nbr: Additional Ref#: Revision Nbr: Valid From: 09/16/2022 Valid To: 11/10/2022 Contact: JORDAN THOMPSON Email: jordan.thompson@graybar.com Proposal We appreciate your request and take pleasure in responding as follows Item ItemType Quantity Supplier Catalog Nbr Description Price Unit Ext.Price 100 30 CONDUIT 4-GALV 4-RIGID CONDUIT $2,288.22 100 $686.47 GB Part#:88272907 Long Description:4 in. galvanized rigid steel conduit, length 10 ft. conduit has excellent corrosion resistance with high strength ductile steel for long life and easy bending. Smooth, continuous raceways for fast wire-pulling., weight 1030 lb. per 100 ft. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 200 3 BRIDGEPORT 1210 4 IN SERVICE ENTR CAP $17,937.30 100 $538.12 GB Part#:88031231 Long Description:Entrance Cap, Threaded, Aluminum, Size 4 Inch ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 300 3 ABB ELECTRICAL H400-TB TC H400TB 4IN CONDUIT FITTING $7,348.83 100 $220.46 GB Part#:92125725 MFR SPEC SHEET Long Description:Hub connector connects 4 inch rigid or IMC conduit to a threadless opening in a box or an enclosure. Connector is zinc with a thermoplastic insulated throat and a nitrile sealing ring. Connector is UL listed and CSA certified. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 400 480 WIRE THHN-600MCM- BLK-CUT REEL THHN/THWN-2 61 STR 600V 90DEG CU $13,555.74 1000 $6,506.76 GB Part#:22061549 MFR SPEC SHEET Long Description:THHN building wire has a 600 MCM stranded copper conductor. Building wire is black and packaged in a cut reel. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Notes: This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf Page 1 of 7 To: CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 Attn: Shea Fankhouser Date: 09/16/2022 Project Name: BMS SOLAR HOUSE OUTSIDE GB Quote #: 0241634755 Proposal We appreciate your request and take pleasure in responding as follows Item ItemType Quantity Supplier Catalog Nbr Description Price Unit Ext.Price 500 120 WIRE THHN-3/0-STR -GRN-CUT REEL THHN/THWN-2 19 STR 600V 90DEG CU $3,726.26 1000 $447.15 GB Part#:22061514 MFR SPEC SHEET Long Description:THHN building wire has a 3/0 AWG stranded copper conductor. Building wire is green and packaged in a cut reel. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 600 1 ERICO PROD 613400 GR RODPTDCU-BOND NOM 3/4INX10FT10M IL $48.09 1 $48.09 GB Part#:94035119 MFR SPEC SHEET Long Description:Eritech® pointed copper-bonded ground rod, 10 mil thickness, 10 ft. x 3/4 in. Rods have a high carbon steel core and tip that provide superior strength when driving. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 700 60 COOPER B-LINE SYS B22SH-120SS4 CHNL 1 5/8X1 5/8 9/16X7/8 SH 12GA 120IN $1,454.55 100 $872.73 GB Part#:90073820 MFR SPEC SHEET Long Description:B22SH Series stainless steel 304 12 ga. steel 1-5/8 x 1-5/8 in. channel with 9/16 x 1-1/8 in. elongated holes on 2 in. centers, length 10 ft. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 800 6 COOPER B-LINE SYS B2017SS4 O.D. PIPE AND CONDUIT CLAMP 4 1/2-IN. O $1,257.59 100 $75.46 GB Part#:96004830 MFR SPEC SHEET Long Description:4-in. - rigid conduit clamp, 4-in., stainless steel 304 Designed to provide support without drilling or welding. For use with B-Line channels. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf Page 2 of 7 To: CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 Attn: Shea Fankhouser Date: 09/16/2022 Project Name: BMS SOLAR HOUSE OUTSIDE GB Quote #: 0241634755 Proposal We appreciate your request and take pleasure in responding as follows Item ItemType Quantity Supplier Catalog Nbr Description Price Unit Ext.Price 900 200 WIRE THHN-500MCM- BLK-CUT REEL THHN/THWN-2 37 STR 600V 90DEG CU $10,878.56 1000 $2,175.71 GB Part#:22080895 MFR SPEC SHEET Long Description:THHN building wire has a 500 MCM stranded copper conductor. Building wire is black and packaged in a cut reel. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 1000 50 WIRE THHN-3/0-STR -GRN-CUT REEL THHN/THWN-2 19 STR 600V 90DEG CU $3,726.26 1000 $186.31 GB Part#:22061514 MFR SPEC SHEET Long Description:THHN building wire has a 3/0 AWG stranded copper conductor. Building wire is green and packaged in a cut reel. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 1100 40 COOPER B-LINE SYS B22SH-120SS4 CHNL 1 5/8X1 5/8 9/16X7/8 SH 12GA 120IN $1,454.55 100 $581.82 GB Part#:90073820 MFR SPEC SHEET Long Description:B22SH Series stainless steel 304 12 ga. steel 1-5/8 x 1-5/8 in. channel with 9/16 x 1-1/8 in. elongated holes on 2 in. centers, length 10 ft. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 1200 300 WIRE THHN-500MCM- BLK-CUT REEL THHN/THWN-2 37 STR 600V 90DEG CU $10,878.56 1000 $3,263.57 GB Part#:22080895 MFR SPEC SHEET Long Description:THHN building wire has a 500 MCM stranded copper conductor. Building wire is black and packaged in a cut reel. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 1300 75 WIRE THHN-3/0-STR -GRN-CUT REEL THHN/THWN-2 19 STR 600V 90DEG CU $3,726.26 1000 $279.47 GB Part#:22061514 MFR SPEC SHEET Long Description:THHN building wire has a 3/0 AWG stranded copper conductor. Building wire is green and packaged in a cut reel. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf Page 3 of 7 To: CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 Attn: Shea Fankhouser Date: 09/16/2022 Project Name: BMS SOLAR HOUSE OUTSIDE GB Quote #: 0241634755 Proposal We appreciate your request and take pleasure in responding as follows Item ItemType Quantity Supplier Catalog Nbr Description Price Unit Ext.Price 1400 400 ALLIED TUBE & COND 911405 $1,343.64 100 $5,374.56 GB Part#:NOF ATU CONDMTALIC ***Item Note:*** * 3 1/2" Aluminum Rigid Conduit ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 1500 4 ALLIED TUBE & COND 732348 $16,244.53 100 $649.78 GB Part#:NOF ATU CONDMTALIC ***Item Note:*** * 3 1/2" Aluminum CPLG ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 1600 8 ALLIED TUBE & COND 732331 $3,491.84 100 $279.35 GB Part#:NOF ATU CONDMTALIC ***Item Note:*** * 3 1/2" 90 ELB ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 1700 8 BRIDGEPORT 159-DC 3 1/2 IN THREADED HUB $5,893.96 100 $471.52 GB Part#:88031355 MFR SPEC SHEET Long Description:Threaded Hub, Zinc Die Cast, Size 3 1/2 Inch ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 1800 1200 WIRE THHN-500MCM- BLK-CUT REEL THHN/THWN-2 37 STR 600V 90DEG CU $10,878.56 1000 $13,054.27 GB Part#:22080895 MFR SPEC SHEET Long Description:THHN building wire has a 500 MCM stranded copper conductor. Building wire is black and packaged in a cut reel. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf Page 4 of 7 To: CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 Attn: Shea Fankhouser Date: 09/16/2022 Project Name: BMS SOLAR HOUSE OUTSIDE GB Quote #: 0241634755 Proposal We appreciate your request and take pleasure in responding as follows Item ItemType Quantity Supplier Catalog Nbr Description Price Unit Ext.Price 1900 400 WIRE THHN-3/0-STR -GRN-CUT REEL THHN/THWN-2 19 STR 600V 90DEG CU $3,726.26 1000 $1,490.50 GB Part#:22061514 MFR SPEC SHEET Long Description:THHN building wire has a 3/0 AWG stranded copper conductor. Building wire is green and packaged in a cut reel. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 2000 1 HAMMOND MFG EN4SD483610S SR $2,136.10 1 $2,136.10 GB Part#:NOF HAM ENCLIND ***Item Note:*** * Per Factory: EN4SD483610SSR normal estimated lead time is 6-7 weeks, but we will have some available estimate week of 10/10/22 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 2100 1 HAMMOND MFG EP4836 PANEL F/48X36 ENCL $184.11 1 $184.11 GB Part#:97179285 Long Description:Enclosure Panel, Inner Panel, Steel, 48 x 36 inches Eclipse Series Enclosures, 46.2 in, 34.2 in, 12 Gauge Steel Construction ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 2200 200 COOPER B-LINE SYS B22SH-120SS4 CHNL 1 5/8X1 5/8 9/16X7/8 SH 12GA 120IN $1,454.55 100 $2,909.10 GB Part#:90073820 MFR SPEC SHEET Long Description:B22SH Series stainless steel 304 12 ga. steel 1-5/8 x 1-5/8 in. channel with 9/16 x 1-1/8 in. elongated holes on 2 in. centers, length 10 ft. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 2300 40 COOPER B-LINE SYS B2016SS4 PIPE AND CONDUIT CLAMP RIGID 3 1/2-IN. $1,199.34 100 $479.74 GB Part#:96004829 MFR SPEC SHEET Long Description:3 1/2-in. - rigid conduit clamp, 3 1/2-in., stainless steel 304 Designed to provide support without drilling or welding. For use with B-Line channels. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf Page 5 of 7 To: CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 Attn: Shea Fankhouser Date: 09/16/2022 Project Name: BMS SOLAR HOUSE OUTSIDE GB Quote #: 0241634755 Proposal We appreciate your request and take pleasure in responding as follows Item ItemType Quantity Supplier Catalog Nbr Description Price Unit Ext.Price Total in USD (Tax not included): $42,911.15 F O B: Delivery: This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf Page 6 of 7 To: CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 Attn: Shea Fankhouser Date: 09/16/2022 Project Name: BMS SOLAR HOUSE OUTSIDE GB Quote #: 0241634755 Proposal We appreciate your request and take pleasure in responding as follows Item ItemType Quantity Supplier Catalog Nbr Description Price Unit Ext.Price This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf Page 7 of 7 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0878 Agenda Date: 11/1/2022 Status: Second 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 10/26/2022 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 10/26/2022 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 MEETING OF OCTOBER 18, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff FROM: Jonathan Curth, Development Services Director Britin Bostick, Long-Range Planning & Special Projects Manager DATE: October 13, 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. BACKGROUND: At their October 4th, 2022 meeting, the City Council considered a Planning Commission recommendation to reaffirm adoption of Fayetteville’s short-term rental (STR) requirements. Within the Planning Commission’s recommendation is a proposal for an amendment removing the requirement for conditional use permit approval from Type 2 STRs, which are those dwellings utilized primarily for short-term rental, not owner-occupancy or long-term rental. By contrast, Type 1 STRs are occupied by a permanent resident, with renting limited to no more than three months per year. At the October 4th Council meeting, staff solicited feedback and input from the Council, including comments from their constituents and the public. Concerns included, but were not limited to, inadequate enforcement and penalties, reactive pursuit of compliance, opportunities for limited STR concentration or frequency within neighborhoods, and details on the sunset clause incorporated into the STR ordinance. DISCUSSION: Staff observed that the Council’s comments largely fell into three policy objectives: compliance, enforcement, and the frequency or concentration of STRs in neighborhoods. Taking these one at a time, each objective is outlined below in terms of the current state and options moving forward. Compliance Currently, operators of STRs submit conditional use permit applications for Type 2 STRs followed by a business license application, while operators of Type 1 STRs submit directly for the business license. If an STR has been operating without a license, licensing and permitting for STRs occurs in response to a complaint or verified violation. Received by Britin Bostick 10/13/22 1:15 PM 2 Alternatively, a proactive approach could be adopted, where staff utilizes online resources to identify operating, but unlicensed STRs. These properties would then be issued notification letters outlining licensing requirements. If the owner or manager continued to advertise and operate the STR, a violation letter and penalty would be the next steps. Using one of the most common STR identification platforms, AirDNA, staff has identified approximately 650 dwellings utilized as STRs in the last twelve months. This is in comparison to the 395 licenses issued as of the October 4th City Council meeting. Additional STRs may exist using a myriad of other platforms that were not captured in the AirDNA data. Based on the disparity between the number of properties currently licensed as STRs, the number of dwellings utilized as STRs as shown on the AirDNA platform, and the staff time and resources needed to investigate and resolve complaints received regarding STRs that may be operating without a license, it would be reasonable to assume additional resources and capacity may need to be dedicated to successful and timely proactive enforcement. A second alternative would be to pursue 3rd party compliance support. Several firms offer a suite of services related to STRs, including compliance, enforcement, tax collection, and licensing. Pricing varies significantly, and largely depends on the size of the municipality, the number of STRs, and the extent of services. Staff discussions with 3rd party compliance groups suggest pricing may be in the range of $30,000 to $75,000 per year. Lastly, encouraging compliance can include disincentivizing non-compliance. More specifically, stricter and well-advertised penalties may motivate current and future operators to observe Fayetteville’s standards. While Fayetteville’s use of a general ‘dollar amount per day’ penalty is common, other municipalities have adopted higher penalties and additional long-term consequences, including fines of $1000-$4000 per violation, upward scaling fines for repeat violations, and prohibition of STR operation on a property for a designated period, ranging from weeks to months. Enforcement Operators, whether property owners or managers, found to be in violation for renting without a permit or license, or otherwise not complying with the ordinance, receive a written Notice of Violation. Without action towards compliance, the violation is forwarded to the City Prosecutor with a potential penalty of $250 per day. Additionally, the Development Services Director is empowered to order water shut-off to a property in violation. Complaints begin with Business Licensing or Planning. Investigation includes site visits, cross referencing a property with police records, and a review for online advertisement, existing approvals, previous complaints, ownership records, and guest records. 3 Limitations on enforcement include off-hour and weekend availability for staff investigation, the inability to confirm the number of occupants inside a dwelling or vehicles associated with a property from the street, and constrained or limited access to online advertising platforms and their records. On the last item, many online advertising platforms or STR data sites provide information aggregated over extended periods, limiting the ability of staff to confirm an active violation on a single property for a specific date. Enforcement remains a challenge for all cities that staff contacted or reviewed, whether in Arkansas or elsewhere. Examples abound of properties where utilities have been disconnected and fines levied, but the owner or manager continued to advertise the address. When staff reviewed affidavit requirements for other cities, including cities with tourism as the primary economic sector, the affidavits were written for the signatory to acknowledge compliance with local requirements for building safety where inspections were not required, to acknowledge the provisions of the local ordinance (tax remittance, insurance, etc.), to certify compliance with notification requirements, to certify number of bedrooms and parking spaces, to acknowledge understanding of parking and trash requirements, and to agree to furnish “good neighbor” policy brochures in the rental property. Additional acknowledgements included hold harmless provisions and notification requirements for change of owner or operator. One city, Jersey City, New Jersey, included a section to confirm code compliance, specifically whether there had been a documented dangerous condition, whether noise ordinance violations had been issued in the past two years, whether any code violations had been issued and whether such violations had been properly abated, whether there were open construction permits for the property, whether the owner was current on all taxes and utility charges, and whether any fines had been issued and paid. Frequency/Concentration With Fayetteville’s STR ordinance, two caps were implemented. The first and highest-level is a citywide cap of 2% on the number of dwellings used as Type 2 STRs. While this cap did exclude STRs in zoning districts that permit hotels and motels by-right, the citywide cap number is dynamic and codified to reference the annual American Community Survey data or the U.S. Census. This allows the number of Type 2 STRs citywide to increase over time, but only as a percent of the total housing stock. The second cap is on attached dwellings. In a multi-family dwelling complex, either one unit or 10% of total units may be licensed as Type 2 rentals. The intent of this cap is to restrict the number of affordable units that may be removed from the long- term housing market. 4 Some exemptions to these caps were allowed during the start-up period where existing operators were permitted to receive licenses without a conditional use permit application and public hearing. Other exemptions were adopted to allow attached residential units that are individually owned, such as in a horizontal property regime, to be licensed with no limitation on number within a building. Changing the current caps or implementing new ones can take many forms. Regarding the existing citywide cap, licensed and permitted Type 2 STRs currently fall well below the 2% limit. If a concern is the total number of properties dedicated fully to STR use in Fayetteville, the citywide cap could be reduced. However, it should be noted given the number of potential noncompliant properties, reducing the cap may prevent the current, full market of STRs to receive licensing and approval. Instead, or in addition to, the frequency or concentration of STRs could be managed by zoning district. This represents a finer grain and possibly more contextual means of implementing policies related to housing affordability and neighborhood stability. With data available on the number of addresses and their use as residential or nonresidential property in each zoning district, staff could enforce a limit on the number or percent of Type 2 rentals in a given zoning district. In a similar vein, some municipalities have limited STRs in residentially-zoned districts to those occupied by owners or long-term occupants. This would have the effect of banning Type 2 STRs on residentially-zoned properties in favor of Type 1 STRs. An additional, but more involved means of calibrating STR density is to set caps based on designated neighborhoods. Lacking established neighborhood boundaries in much of the city however, this may be more difficult to implement for Fayetteville. Similarly, banning or restricting STRs in some neighborhoods, but not others, presents an equity concern, where vocal neighborhoods could enjoy an exception while others do not. In lieu of regulating by zoning, some municipalities have adopted stricter ownership standards as a means of limiting non-resident or investment STR operators. While current data suggests Fayetteville’s licensed STRs are not significantly concentrated among few operators, regulations can ensure this by limiting the number of units per owner, or limiting STR operation to those who can demonstrate Fayetteville residence. Residence can be demonstrated in a manner similar to that required by a school district, including provision of a utility bill, or by affidavit. Lastly, Council asked two specific questions regarding the current proposal to remove the requirement for Type 2 STRs to receive conditional use permit approval from the Planning Commission: What would be implemented in its place, and what manner of public notification can still be performed? 5 If the requirement for Planning Commission approval of Type 2 STRs is removed, staff envisions one of two options. First is for all STRs, Type 1 and Type 2, be reviewed solely through the business license process. This includes reviews for adequate insurance, ownership, HMR remittance documentation, life safety inspection, and contribution towards citywide and building caps. Alternatively, staff could continue to review Type 2 STRs as they were considered during the start-up period, where a conditional use permit was administratively issued with the business license, but could be reviewed and possibly revoked by the Planning Commission in instances of violation. Regarding public notification, it is possible to require mail notifications, sign posting, or both with a business license review. Unlike notification in association with a public hearing though, this will be advisory, and serve to alert nearby property owners of the presence of an STR nearby. This may have the effect of removing resident agency, but can address concerns about workload and the Planning Commission’s expanded docket. Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0919 Agenda Date: 11/1/2022 Status: TabledVersion: 1 File Type: ResolutionIn Control: City Council Meeting Agenda Number: B.2 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 10/26/2022 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 Received by Kit Williams 10/17/22 at 3:53 pm. Received by Kit Williams 10/18/22 12:24 pm. 4375 N. Vantage Dr. Suite 405 Fayetteville, AR 72703 cwlaw.com Vicki Bronson | Partner OFFICE 479.582.5711 FAX 479.587.1426 vbronson@cwlaw.com MEMORANDUM To: Susan Norton Wade Abernathy Date: October 18, 2022 Re: Letter of Intent with Reindl Properties, Inc. – binding effect I agree that the Letter of Intent is intended to be a document that is binding on the parties, assuming all conditions are met. The advantage to the City is that it has a written commitment from Reindl to move forward with the project. Otherwise, the City could spend many months working on this project with no commitment from Reindl to build the hotel and he could simply walk away. Likewise, Reindl does not want to spend time and resources pursing the project if the City could walk away at any time. Just like most agreements, there is the possibility the deal will not work out. For example, the City and Reindl might disagree over the final plans and specifications [Reindl might try to materially alter the proposed design and the City might not approve it], Reindl might not be able to obtain financing, etc. As far as the uses, final plans and specifications, those are subject to the City’s approval through the PZD process. The purpose of the Letter of Intent is to have a document in place that sets forth the material terms of the agreement between the City and Reindl. If there are other terms the Council believes should be included in the document, we can easily add them. Sincerely, /s/ Vicki Bronson Vicki Bronson Received by Wade Abernathy 10/18/22 2:35 pm. 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. Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0938 Agenda Date: 11/1/2022 Status: First ReadingVersion: 1 File Type: OrdinanceIn Control: City Council Meeting Agenda Number: B.3 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 10/26/2022 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: 2022-0976 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: City Council Meeting Agenda Number: C.1 AMEND §162.01 (Z) UNIT 25 OFFICES, STUDIOS AND RELATED SERVICES: AN ORDINANCE TO AMEND §162.01 (Z) OFFICES, STUDIOS, AND RELATED SERVICES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ADD PERSONAL SERVICES WHEREAS, this amendment is to reduce the administrative burdens for business owners seeking to open businesses categorized as personal services in the Residential-Office zoning district, many multifamily and mixed use zoning districts, and Neighborhood Conservation zoning district; and WHEREAS, City Staff and the Planning Commission recommend approval of adding Personal Services to §162.01(Z) Offices, Studios, and Related Services for Use Unit 25. 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 §162.01(Z) Offices, Studios, and Related Services of the Fayetteville Unified Development Code by adding the following to the table at § 162.01(Z)(2), which covers included uses within Use Unit 25, Offices, Studios and Related Services, also shown on the attached Exhibit A: “Personal services • Barber/Salon • Day care • Dry cleaning • Tailoring” Page 1 City of Fayetteville, Arkansas Printed on 10/26/2022 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 2022‐0976 Legistar File ID 11/1/2022 City Council Meeting Date ‐ Agenda Item Only Approve ADM‐2022‐0047: Administrative Item: (Amend UDC Chapter 162 – Use Units): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to add personal services to Use Unit 25. N/A for Non‐Agenda Item Action Recommendation: Submitted By Britin Bostick LONG RANGE PLANNING (634) Division / Department 10/14/2022 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 NOVEMBER 1, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Britin Bostick, Long Range Planning/Special Projects Manager DATE: October 14, 2022 SUBJECT: ADM-2022-0047: Administrative Item: (Amend UDC Chapter 162 – Use Units): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to add personal services to Use Unit 25. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code amending § 162.02, Establishment/Listing in Chapter 162, Use Units, to include personal services as a permitted use in Use Unit 25, the Use Unit for offices, studios, and related services. The proposed personal services are categorized as barber/salon, dry cleaning, day care, and tailoring. BACKGROUND: In the City of Fayetteville Unified Development Code (UDC), Use Units are categories of permitted or conditional uses in the established zoning districts. Use Unit 25, located in UDC Sec. 162.02(Z)(2), is the listing of uses permitted in the category of uses related to offices, studios, and related services. Use Unit 25 is a permitted use in the Residential Office (R-O), Neighborhood Commercial (C-1), Community Services (CS), Thoroughfare Commercial (C-2), Urban Thoroughfare (UT), Central Commercial (C-3), Downtown Core (DC), Main Street/Center (MSC), Downtown General (DG), Heavy Commercial and Light Industrial (I-1), and General Industrial (I- 2) zoning districts. Use Unit 25 requires a Conditional Use Permit in the Residential Multi-Family - Six (6) Units Per Acre (RMF-6), Residential Multi-Family - Twelve (12) Units Per Acre (RMF-12), Residential Multi- Family - Eighteen (18) Units Per Acre (RMF-18), Residential Multi-Family – Twenty-Four (24) Units Per Acre (RMF-24), and Residential Multi-Family - Forty (40) Units Per Acre (RMF-40), Neighborhood Services - Limited (NS-L), Neighborhood Services - General (NS-G), and Neighborhood Conservation (NC) zoning districts. Personal services in the UDC typically include the uses of day care, dry cleaning, salon/barber shop, and tailoring. Use Unit 25 does not currently permit these four uses, although its description reads, “Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales.” The uses that are currently permitted in Use Unit 25 include professional offices, sales 2 of supplies and equipment, auto parking garages, bail bonding agency, funeral home, insurance sales, small vet clinic, and artist’s studio, among others. Use Unit 25 is permitted in the R-O zoning district. Use Unit 15, however, requires approval of a Conditional Use Permit (CUP). As Use Unit 15 includes personal services, it is the primary request made when a business owner would like to locate a salon, barbershop, dry cleaner, day care, or tailor in the R-O zoning district. The R-O zoning district at present comprises 407 acres and 595 parcels in the City of Fayetteville. The buildings and uses in the R-O zoning district are typically suitable for the type of supportive services that pair well with the primary office and studio uses in the zoning district. In 2021 two applicants for business licenses in R-O zoning districts, one a salon and one a barber shop, were required to have a CUP approved by the Planning Commission before their business license could be issued. So far in 2022 there was one CUP required for an aesthetician in an R-O zoning district, with potentially more applications for similar uses in the R- O zoning district pending. No public comment was received on any of the above-mentioned CUPs, and two were unanimously approved by the Planning Commission, with only one dissenting vote on the third. DISCUSSION: The purpose of this amendment is to reduce the administrative hurdles for business owners seeking to open businesses categorized as personal services in the R-O zoning district. While Use Unit 25 is permitted in several more zoning districts than the R-O zoning district, in many of those zoning districts Use Units 12a or 15 are also permitted, allowing for personal services via another use unit. In staff’s review of the above mentioned CUPs and in additional review of the compatibility of day cares, dry cleaning establishments, salons, barbershops, and tailors with the uses currently listed in Use Unit 25, staff’s consistent findings have been that the proposed uses are of a compatible type, size, and nature for zoning districts in which offices, studios, medical labs, and dental labs are permitted. The Planning Commission has consistently concurred, approving such CUP requests as recently as the October 10, 2022 meeting. The proposed amendment does not change allowed use or conditional use requirements for any of the established zoning districts. Use Unit 25 would still only be allowed with a CUP in the multi- family residential zoning districts, neighborhood services zoning districts, and Neighborhood Conservation zoning district, where the review for compatibility with surrounding uses and structures may continue to be prudent. Use Unit 25 would also continue to be allowed by right in most of the commercial and industrial zoning districts. At their September 26, 2022 meeting, the Planning Commission evaluated the amendment described above before forwarding to the City Council, recommending approval. Commissioner Canada made the motion to forward with Commissioner Madden providing the second. A vote of 8-0-0 followed. Staff provided information on environmental concerns and regulations for dry cleaning facilities in response to a question from the prior week’s agenda session, and the question of whether massage therapy would be a permitted use was considered, but the Commissioners did not otherwise have questions or discussion on the item as it had been considered in the Long Range Planning Committee. No public comment was received. 3 BUDGET/STAFF IMPACT: N/A Attachments: • Proposed Ordinance – Exhibit “A” o §162.02, Establishment/Listing • Proposed Ordinance Amendment in Strikeout/Highlight o §162.02, Establishment/Listing Created: 2022-07-06 12:48:48 [EST] (Supp. No. 25) Page 1 of 2 EXHIBIT ‘A’ ADM-2022-0047 162.01 Establishment/Listing (Z) Unit 25. Offices, Studios and Related Services. (1) Description. Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales. (2) Included Uses. Medical Clinic: • Dental office/clinic • Medical office/clinic Personal services • Barber/Salon • Day care • Dry cleaning • Tailoring Professional office: • Accountant • Architect • Attorney • Broker • Engineer • Realtor Sale of supplies and equipment • Architecture, drafting, and art supplies • Office furnishings and supplies • Medical, optical, and dental supplies • Scientific instruments Services: • Advertising agency • Animal daycare (ten (10) animals or less) • Auto parking garage • Bail bonding agency • Business or management consultant • Computing service • Consultant • Data processing service • Drafting service • Employment agency • Financial institution • Funeral home • Insurance sales • Interior decorator • Photocopying or printing • Social and welfare agencies • Travel agency Created: 2022-07-06 12:48:48 [EST] (Supp. No. 25) Page 2 of 2 • Veterinary small animal out-patient clinic Studios: • Artist's studio • Photography studio • Studio for teaching any of the fine or liberal arts (Code 1965, App. A., Art. 6 (A), (F); Ord. No. 329, 10-1-85; Ord. No. 3165, 2-4-86; Ord. No. 3341, 3-15-88; Ord. No. 1747, 6-29-70; Code 1991, §§118.01, 160.055; Ord. No. 3546, 4-19-91; Ord. No. 3792, §§2, 3, 5-17-94; Ord. No. 3870, §1 (Ex. A), 2-21-95; Ord. No. 3909, §1, 7-18-95; Ord. No. 3971, §§3, 4, 5-21-96; Ord. No. 4024, §3, 3-18-97; Ord. No. 4034, §§1, 2, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4376, §5 (Ex. E), §6 (Ex. F), 3-5-02; Ord. No. 4423, §1 (Ex. A), 10-02-02, Ord. No. 4728, 7-19-05; Ord. No. 4913, 8-15-06; Ord. No. 4919, 09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 4946, 11-21-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5203, 12-2-08; Ord. No. 5195, 11-6-08; Ord. No. 5226, 3-3-09; Ord. No. 5238, 5-5-09; Ord. No. 5312, 4-20-10; Ord. No.5312, 4-20- 10; Ord. No. 5338, 8-3-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5462, 12-6-11, Ord. Noi. 5668, 3- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5772, 5-19-15; Ord. No. 5921 , §§2, 3, 11-1-16; Ord. No. 5945 , §§10—14, 1-17-17; Ord. No. 5990 , §1, 8-1-17; Ord. No. 6245 , §3, 10-15-19; Ord. No. 6427 , §§1(Exh. D), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Created: 2022-07-06 12:48:48 [EST] (Supp. No. 25) Page 1 of 2 162.01 Establishment/Listing (Z) Unit 25. Offices, Studios and Related Services. (1) Description. Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales. (2) Included Uses. Medical Clinic: • Dental office/clinic • Medical office/clinic Personal services • Barber/Salon • Day care • Dry cleaning • Tailoring Professional office: • Accountant • Architect • Attorney • Broker • Engineer • Realtor Sale of supplies and equipment • Architecture, drafting, and art supplies • Office furnishings and supplies • Medical, optical, and dental supplies • Scientific instruments Services: • Advertising agency • Animal daycare (ten (10) animals or less) • Auto parking garage • Bail bonding agency • Business or management consultant • Computing service • Consultant • Data processing service • Drafting service • Employment agency • Financial institution • Funeral home • Insurance sales • Interior decorator • Photocopying or printing • Social and welfare agencies • Travel agency • Veterinary small animal out-patient clinic Studios: • Artist's studio • Photography studio Created: 2022-07-06 12:48:48 [EST] (Supp. No. 25) Page 2 of 2 • Studio for teaching any of the fine or liberal arts (Code 1965, App. A., Art. 6 (A), (F); Ord. No. 329, 10-1-85; Ord. No. 3165, 2-4-86; Ord. No. 3341, 3-15-88; Ord. No. 1747, 6-29-70; Code 1991, §§118.01, 160.055; Ord. No. 3546, 4-19-91; Ord. No. 3792, §§2, 3, 5-17-94; Ord. No. 3870, §1 (Ex. A), 2-21-95; Ord. No. 3909, §1, 7-18-95; Ord. No. 3971, §§3, 4, 5-21-96; Ord. No. 4024, §3, 3-18-97; Ord. No. 4034, §§1, 2, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4376, §5 (Ex. E), §6 (Ex. F), 3-5-02; Ord. No. 4423, §1 (Ex. A), 10-02-02, Ord. No. 4728, 7-19-05; Ord. No. 4913, 8-15-06; Ord. No. 4919, 09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 4946, 11-21-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5203, 12-2-08; Ord. No. 5195, 11-6-08; Ord. No. 5226, 3-3-09; Ord. No. 5238, 5-5-09; Ord. No. 5312, 4-20-10; Ord. No.5312, 4-20- 10; Ord. No. 5338, 8-3-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5462, 12-6-11, Ord. Noi. 5668, 3- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5772, 5-19-15; Ord. No. 5921 , §§2, 3, 11-1-16; Ord. No. 5945 , §§10—14, 1-17-17; Ord. No. 5990 , §1, 8-1-17; Ord. No. 6245 , §3, 10-15-19; Ord. No. 6427 , §§1(Exh. D), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Created: 2022-07-06 12:48:48 [EST] (Supp. No. 25) Page 1 of 2 EXHIBIT ‘A’ ADM-2022-0047 162.01 Establishment/Listing (Z) Unit 25. Offices, Studios and Related Services. (1) Description. Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales. (2) Included Uses. Medical Clinic: • Dental office/clinic • Medical office/clinic Personal services • Barber/Salon • Day care • Dry cleaning • Tailoring Professional office: • Accountant • Architect • Attorney • Broker • Engineer • Realtor Sale of supplies and equipment • Architecture, drafting, and art supplies • Office furnishings and supplies • Medical, optical, and dental supplies • Scientific instruments Services: • Advertising agency • Animal daycare (ten (10) animals or less) • Auto parking garage • Bail bonding agency • Business or management consultant • Computing service • Consultant • Data processing service • Drafting service • Employment agency • Financial institution • Funeral home • Insurance sales • Interior decorator • Photocopying or printing • Social and welfare agencies • Travel agency Created: 2022-07-06 12:48:48 [EST] (Supp. No. 25) Page 2 of 2 • Veterinary small animal out-patient clinic Studios: • Artist's studio • Photography studio • Studio for teaching any of the fine or liberal arts (Code 1965, App. A., Art. 6 (A), (F); Ord. No. 329, 10-1-85; Ord. No. 3165, 2-4-86; Ord. No. 3341, 3-15-88; Ord. No. 1747, 6-29-70; Code 1991, §§118.01, 160.055; Ord. No. 3546, 4-19-91; Ord. No. 3792, §§2, 3, 5-17-94; Ord. No. 3870, §1 (Ex. A), 2-21-95; Ord. No. 3909, §1, 7-18-95; Ord. No. 3971, §§3, 4, 5-21-96; Ord. No. 4024, §3, 3-18-97; Ord. No. 4034, §§1, 2, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4376, §5 (Ex. E), §6 (Ex. F), 3-5-02; Ord. No. 4423, §1 (Ex. A), 10-02-02, Ord. No. 4728, 7-19-05; Ord. No. 4913, 8-15-06; Ord. No. 4919, 09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 4946, 11-21-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5203, 12-2-08; Ord. No. 5195, 11-6-08; Ord. No. 5226, 3-3-09; Ord. No. 5238, 5-5-09; Ord. No. 5312, 4-20-10; Ord. No.5312, 4-20- 10; Ord. No. 5338, 8-3-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5462, 12-6-11, Ord. Noi. 5668, 3- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5772, 5-19-15; Ord. No. 5921 , §§2, 3, 11-1-16; Ord. No. 5945 , §§10—14, 1-17-17; Ord. No. 5990 , §1, 8-1-17; Ord. No. 6245 , §3, 10-15-19; Ord. No. 6427 , §§1(Exh. D), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2021-1092 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: ReportIn Control: City Council Meeting Agenda Number: D.1 AGENDA SESSION PRESENTATION - SALES TAX REPORT, PAUL BECKER AND ENERGY REPORT, PETER NIERENGARTEN Page 1 City of Fayetteville, Arkansas Printed on 10/26/2022 Text File City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File Number: 2022-0790 Agenda Date: 11/1/2022 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Meeting Agenda Number: D.2 AGENDA SESSION PRESENTATION: ANNUAL ENERGY ACTION PLAN UPDATE - PETER NIERENGARTEN Page 1 City of Fayetteville, Arkansas Printed on 10/26/2022