HomeMy WebLinkAbout2023-03-28 - Agendas - TentativeCity of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
City Council Tentative Agenda
Tuesday, March 28, 2023
4:30 PM
City Hall Room 219
City Council Members
Council Member Sonia Harvey Ward 1
Council Member D'Andre Jones Ward 1
Council Member Sarah Moore Ward 2
Council Member Mike Wiederkehr Ward 2
Council Member Scott Berna 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
Page 1 of 321
City Council Meeting Tentative Agenda March 28, 2023
Zoom Information:
1. WEBINAR: 880 3632 0588
PUBLIC REGISTRATION LINK:
HTTPS://US06WEB.ZOOM.US/WEBINAR/REGISTER/
WN PVOVGSWFRLW XRK3BAQHXA (2023-607)
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS
CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS
1. MONTHLY FINANCIAL REPORT (2023-410)
A. CONSENT
A.1. APPROVAL OF THE MARCH 21, 2023 CITY COUNCIL MEETING MINUTES:
(2023-375)
A.2. WER NORTHWEST ARKANSAS, PLLC:
A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL
SERVICES AGREEMENT WITH WER NORTHWEST ARKANSAS, PLLC,
PURSUANT TO RFQ #22-10, IN THE ESTIMATED AMOUNT OF $39,000.00
FOR FULL ARCHITECTURAL DESIGN SERVICES RELATED TO MULTIPLE
CITY FACILITIES IMPROVEMENTS (2023-506)
A.3. ADDITIONAL FTE POSITION AND BUDGET ADJUSTMENT FOR
DEPARTMENT OF ECONOMIC VITALITY:
A RESOLUTION TO AUTHORIZE THE ADDITION OF A FULL TIME
EQUIVALENT POSITION TO THE ECONOMIC VITALITY DEPARTMENT, AND
TO APPROVE A BUDGET ADJUSTMENT (2023-533)
A.4. 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 2023 (2023-535)
City of'Fayetteville, Arkansas page 2
Page 2 of 321
City Council Meeting Tentative Agenda March 28, 2023
A.S. WILLIAMS TRACTOR, INC:
A RESOLUTION TO APPROVE THE PURCHASE OF A BOBCAT S64 SKID
STEER FROM WILLIAMS TRACTOR, INC. IN THE AMOUNT OF $53,036.30,
PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES,
PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT,
AND TO APPROVE A BUDGET ADJUSTMENT (2023-537)
A.6. DOWNEASTER MANUFACTURING:
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE
IN THE AMOUNT OF $41,043.72 PLUS ANY APPLICABLE TAXES AND
FREIGHT CHARGES, FOR THE PURCHASE OF FOUR SALT SPREADERS
FROM DOWNEASTER MANUFACTURING FOR USE BY THE
TRANSPORTATION DEPARTMENT (2023-538)
Al. ARKANSAS MUNICIPAL EQUIPMENT:
A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $628,709.11
PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES FROM
ARKANSAS MUNICIPAL EQUIPMENT FOR THE PURCHASE OF ONE
PETERBILT REFUSE TRUCK AND ONE FREIGHTLINER REFUSE TRUCK,
PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT
(2023-539)
A.B. CONTRACT AMENDMENT DFI TECHNOLOGIES:
A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH
DFI TECHNOLOGIES, INC. TO PROVIDE FOR THE PURCHASE AND
WAREHOUSING OF ENVELOPES IN AN AMOUNT NOT TO EXCEED
$42,037.00 IN 2023 (2023-543)
A.9. CONTRACT AMENDMENT GTS, INC:
A RESOLUTION TO APPROVE AMENDMENT 1 TO THE CONTRACT WITH
GTS, INC. IN THE AMOUNT OF $59,406.31 TO PROVIDE FOR ADDITIONAL
MATERIALS TESTING SERVICES FOR THE REPLACEMENT PARKING
DECK, AND TO APPROVE A BUDGET ADJUSTMENT- 2019 CULTURAL ARTS
CORRIDOR BOND PROJECT (2023-544)
A.10. ARKANSAS HISTORIC PRESERVATION PROGRAM (AHPP) GRANT:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A GRANT
AGREEMENT ACCEPTING A CERTIFIED LOCAL GOVERNMENT GRANT
THROUGH THE ARKANSAS HISTORIC PRESERVATION PROGRAM IN THE
AMOUNT OF $20,370.00 FOR THE PREPARATION OF A HISTORIC
CONTEXT STATEMENT FOR THE UNIVERSITY HEIGHTS AND HASKELL
HEIGHTS NEIGHBORHOODS, AND TO APPROVE A BUDGET ADJUSTMENT
(2023-550)
City of'Fayetteville, Arkansas page 3
Page 3 of 321
City Council Meeting Tentative Agenda March 28, 2023
A.11. CREAMER PILOT SERVICES, LLC LEASE AGREEMENT
A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH
CREAMER PILOT SERVICES, LLC FOR OFFICE SPACE IN THE AIRPORT
TERMINAL BUILDING AND CORPORATE HANGAR SPACE AT 4500 SOUTH
SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $5,411.60 PER MONTH
(2023-547)
A.12. 2023 MS4 EDUCATION AGREEMENT
A RESOLUTION TO APPROVE A ONE-YEAR CONTRACT WITH THE
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE
AMOUNT OF $41,812.00 FOR A STORMWATER EDUCATION PROGRAM
FOR 2023 TO SATISFY PORTIONS OF THE NPDES PHASE II STORMWATER
PERMIT REQUIREMENTS (2023-509)
B. UNFINISHED BUSINESS
B.1. RZN 23-002: (SE OF N. GREGG AVE AND W. ELM ST/LEGACY VENTURES
LLC, 367):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 23-002 LOCATED SOUTHEAST OF NORTH GREGG AVENUE
AND WEST ELM STREET IN WARD 2 FOR APPROXIMATELY 1.71 ACRES
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12,
RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE AND RI-U,
RESIDENTIAL INTERMEDIATE -URBAN, SUBJECT TO A BILL OF
ASSURANCE (2023-450)
AT THE MARCH 7, 2023 CITY COUNCIL MEETING, THIS ORDINANCE WAS
LEFT ON THE FIRST READING.
AT THE MARCH 21, 2023 CITY COUNCIL MEETING, THIS ORDINANCE WAS
AMENDED TO ADD A BILL OF ASSURANCE AND LEFT ON THE SECOND
READING.
B.2. RZN 23-004 (2910 N. OLD WIRE RD. / VAN SCYOC, 255):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 23-004 LOCATED AT 2910 NORTH OLD WIRE ROAD IN
WARD 3 FOR APPROXIMATELY 14.70 ACRES FROM RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE AND R-A, RESIDENTIAL
AGRICULTURE TO R-A, RESIDENTIAL AGRICULTURE AND NC,
NEIGHBORHOOD CONSERVATION (2023-502)
AT THE MARCH 21, 2023 CITY COUNCIL MEETING, THIS ORDINANCE WAS
LEFT ON THE FIRST READING.
City of'Fayetteville, Arkansas page 4
Page 4 of 321
City Council Meeting Tentative Agenda March 28, 2023
C. NEW BUSINESS
C.1. ACCEPTANCE OF GRANT FROM HUD:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A GRANT FROM THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE
AMOUNT OF $512,642.00 FOR THE HOME INVESTMENT PARTNERSHIPS
PROGRAM, TO APPROVE A CITY MATCH IN THE AMOUNT OF $237,358.00,
AND TO APPROVE A BUDGET ADJUSTMENT (2023-606)
C.2. RZN-2023-0006: REZONING (920 S. WOOD AVE./MAHONEY, 563)
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 23-006 LOCATED AT 920 SOUTH WOOD AVENUE IN WARD 1
FOR APPROXIMATELY 0.48 ACRES FROM NC, NEIGHBORHOOD
CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN (2023-548)
C.3. RZN-2023-0005: REZONING (514 S WILLOW AVE./ COLLINS, 524)
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 23-005 LOCATED AT 514 SOUTH WILLOW AVENUE IN WARD
1 FOR APPROXIMATELY 0.25 ACRES FROM NC, NEIGHBORHOOD
CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN (2023-575)
PROPOSED AGENDA ADDITIONS
D. CITY COUNCIL AGENDA SESSION PRESENTATIONS
D.1. SALES TAX REPORT, PAUL BECKER AND ENERGY REPORT, PETER
NIERENGARTEN (2023-409)
D.2. STORMWATER FUNDING STUDY HISTORY (2023-408)
E. CITY COUNCIL TOUR
F. ANNOUNCEMENTS
G. ADJOURNMENT
City of'Fayetteville, Arkansas page 5
Page 5 of 321
CITY OF
FAYETTEVILLE
900-11T ARKANSAS
MEETING OF MARCH 28, 2023
CITY COUNCIL MEMO
TO: Mayor Jordan and City Council
THRU: Waylon Abernathy, Bond Projects & Construction Dir
Paul Becker, Chief Financial Officer
FROM: Quin Thompson, Facilities & Bldg Maint Manager
DATE: March 6, 2023
SUBJECT: Approval of a contract for architectural design services
RECOMMENDATION:
2023-506
Staff recommends approval of a contract with WER Northwest Arkansas, PLLC for full architectural
design services including design, construction documents, bidding and negotiation, and construction
administration services for the full period of construction on roofs of multiple City facilities. Design fees
shall be 6.5% of the construction cost, paid to WER on a per project basis, with overall project cost
estimated at $600,000.00 and a total cost of design limited to $39,000.
BACKGROUND:
While reviewing the condition of City facilities, Staff identified needed improvements to the roofs in
several buildings.
DISCUSSION:
Buildings requiring roof maintenance and replacement include:
City Hall and the current Police Headquarters, whose roofs are approaching the end of their
functional lifespan and require replacement.
Recycling and Solid Waste Transfer Station and Fayetteville Town Center, whose roofs need to
be prepared for the addition of solar panels.
Water & Sewer Operations Center, where multiple leaks need to be addressed.
BUDGET/STAFF IMPACT:
This project is funded by Sales Tax Capital Improvement funds.
ATTACHMENTS: 2023-506 SRF WER Architects - roofs x 5, RFQ 22-10 WER signed
Page 1
Page 6 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-506
Approval of a contract for architectural design services
A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES
AGREEMENT WITH WER NORTHWEST ARKANSAS, PLLC, PURSUANT TO RFQ #22-10, IN
THE ESTIMATED AMOUNT OF $39,000.00 FOR FULL ARCHITECTURAL DESIGN SERVICES
RELATED TO MULTIPLE CITY FACILITIES IMPROVEMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
architectural services agreement with WER Northwest Arkansas, PLLC, pursuant to RFQ #22-10, in the
estimated amount of $39,000.00 for full architectural design services related to multiple city facilities
improvements.
Page 1
Page 7 of 321
Quin Thompson
Submitted By
City of Fayetteville Staff Review Form
2023-506
Item ID
3/21/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/2/2023
Submitted Date
Action Recommendation:
FACILITIES MANAGEMENT (140)
Division / Department
Staff recommends approval of a contract with WER Northwest Arkansas, PLLC for full architectural design services
including design, construction documents, bidding and negotiation, and construction administration services for
the full period of construction on roofs of multiple City facilities. Design fees shall be 6.5% of the construction cost,
paid to WER on a per project basis, with overall project cost estimated at $600,000.00 and a total cost of design
limited to $39,000.
Budget Impact:
4470.140.8900-5315.00 Sales Tax Capital Improvements
Account Number Fund
02046.1 Building Improvements
Project Number Project Title
Budgeted Item? Yes Total Amended Budget $ 1,010,630.00
Expenses (Actual+Encum) $ 53,774.45
Available Budget Is 956,855.55
Does item have a direct cost? Yes Item Cost $ 39,000.00
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget _
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: The Item Cost amount listed is an estimate. Item cost will be calculated on a percentage of construction
costs.
Page 8 of 321
CONTRACT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR THE REPAIR AND REPLACEMENT
OF ROOFING FOR CERTAIN CITY OF FAYETTEVILLE BUILDINGS
Vendor: WER Architects
THIS AGREEMENT is executed this day of , 2023, by and between the City of
Fayetteville acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and WER Northwest
Arkansas, PLLC (hereinafter called ARCHITECT or WER).
CITY OF FAYETTEVILLE from time to time requires professional ARCHITECTURAL and Engineering services in connection
with the evaluation, design, construction drawings, bidding, and/or construction observation of capital improvement
projects. Therefore, City and WER in consideration of their mutual covenants agree as follows:
WER shall serve as the professional architectural 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 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 architectural 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.
a. Appendices included under this agreement include the following:
i. Appendix A: Scope of Services
ii. Appendix B: WER Design Fee and Project Timeline
iii. Appendix C. RFQ 22-01, Engineering and Architectural Services
iv. Appendix D: WER's Response to RFQ 22-01
v. Appendix E: WER current Certificate of Insurance
b. This agreement maybe modified only by a duly executed written instrument signed by the CITY and WER.
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
b. WER: Attention: John Langham, 112 West Center Street, Suite 410, Fayetteville, AR 72701
4. Fees, Expenses, and Payments:
a. Fees of 6.5% of construction cost shall be paid to WER on a per project basis with estimated total cost of
$600,000.00, as described in Appendix B.
Reimbursable Items (as defined in Appendix A and B)
b. WER 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 for work completed as
defined by Appendix B.
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
RFQ22-10, Engineering & Architectural Services —Selection 15
Page 9 of 321
FAYETTEVILLE shall advise WER 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 WER's 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 WER's 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, WER
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 WEIR 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 WER 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: 1f WER 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, WER will not
receive a fee for work associated with the Change Order.
11. Insurance: WER 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, WER 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, WEIR 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. WER shall provide to the City certificates as evidence of the specified insurance presented in Appendix E
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.
RFQ 22-10, Engineering & Architectural Services — Selection 15
Page 10 of 321
b. Subconsultants not identified as major 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: WER 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 WER any defects or suspected defects in services of which CITY OF
FAYETTEVILLE becomes aware, so WER 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 WER.
13. Responsibility of the City of Fayetteville
a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of WER:
i. Provide full information as to the requirements for the Project.
ii. Assist WER by placing at WER's disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
iii. Assist WER in obtaining access to property reasonably necessary for WER to perform its
services under this Agreement.
iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by WER and render in writing decisions pertaining thereto.
v. Review all documents and provide written comments to WER in a timely manner.
vi. The City of Fayetteville Facilities Director is the project representative with respect to the
services to be performed under this Agreement. The Facilities 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 the WER relating to construction
costs and schedules, operation and maintenance costs, equipment characteristics and performance,
cost estimating, and operating results are based on WER's experience, qualifications, and judgment as a
design professional. Since WER 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, WER does not
guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost
opinions and projections prepared by WER.
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. WER will proceed with
providing the authorized services immediately upon receipt of written authorization from CITY
OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the
time in which the services are to be completed. The anticipated schedule for this project is
included as an Appendix.
RFQ 22-10, Engineering & Architectural Services — Selection 15
Page 11 of 321
16. 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 WER 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 effected 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,
H. Any payment due to WER at the time of termination may be adjusted to cover any additional
costs to CITY OF FAYETTEVILLE because of WER's default.
d. If termination for default is effected by WER, or if termination for convenience is effected by CITY OF
FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work
performed. The equitable adjustment for any termination shall provide for payment to WER for services
rendered and expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by WER relating to commitments which had become firm prior to the termination.
e. Upon receipt of a termination action, WER 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 WER 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 WER to fulfill contractual obligations, it is determined that WER 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.
17. Delays
a. In the event the services of WER are suspended or delayed by CITY OF FAYETTEVILLE or by other events
beyond WER's reasonable control, WER shall be entitled to additional compensation and time for
reasonable documented costs actually incurred by WER in temporarily closing down or delaying the
Project.
b. In the event the services are suspended or delayed by WER, 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,
RFQ 22-10, Engineering & Architectural Services — Selection 15
Page 12 of 321
whether such liability arises in breach of contract or warranty, tort (including negligence), strict or
statutory liability, or any other cause of action.
18. Rights and Benefits
a. WER's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the
benefit of any other persons or entities.
19. Dispute Resolution
a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY
OF FAYETTEVILLE and WER 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 WER 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 WER 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 WER 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 B WER 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.
20. Sufficient Funds: The CITY represents it has have sufficient funds or the means of obtaining funds to remit
payment to WER for services rendered by WER.
21. Publications:
a. Recognizing the importance of professional development on the part of WER's employees and the
importance of WER's public relations, WER may prepare publications, such as technical papers, articles
for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to
WER'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 FAYETfEVILLE's comments to WER, 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 WER's activities pertaining to any
such publication shall be for B WER's account.
RFQ 22-10, Engineering & Architectural Services — Selection 15
Page 13 of 321
22. Indemnification:
a. WER agrees to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for any loss
caused by negligence and from and against any and all loss where loss is caused or incurred or
alleged to be caused or incurred in whole or in part as a result of the negligence or other
actionable fault of the WER, or their employees, agents, Subcontractors, sub consultant and
Suppliers of the WER.
23. 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.
WER 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 WER as part of the Services shall become the
property of CITY OF FAYETTEVILLE when WER has been compensated for all Services rendered,
provided, however, that WER shall have an unrestricted perpetual license right to their use. WER
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 WER.
c. Any files delivered in electronic medium may not work on systems and software different than
those with which they were originally produced. WER 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.
24. Additional Responsibilities of WER:
a. Review, approval, or acceptance of design drawings, specifications, reports and other services
furnished hereunder by CITY shall not in any way relieve WER 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. WER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY
OF FAYETTEVILLE caused by WER's negligent performance, except beyond the WER 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. WER's obligations under this clause are in addition to WER'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 WER for faulty materials, equipment, or work.
d. Deliverables for Record Documents or "as-builts" shall be defined as the following. WER will provide one
set of Drawings in digital (PDF) format that includes final revisions formalized by WER through the course
of the Work. Field revisions as supplied by the CMAR to WER at close out shall be included as part of
WER's "As -guilts". WER will also provide AutoCAD compatible (DWG) vector format digital background
files of a project site plan, floor plans and ceiling plans.
25. Audit and Access to Records:
RFQ 22.10, Engineering & Architectural Services —Selection 15
Page 14 of 321
a. WER 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. WER shall also maintain the financial information and data used by WER 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.
WER 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 unti-
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:
L Negotiated prime agreements:
ii. Negotiated change orders or agreement amendments in excess of $10,000 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 WER;
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.
26. Covenant Against Contingent Fees:
a. WER 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 WER 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.
27. Gratuities:
a. If CITY OF FAYETTEVILLE finds after a notice and hearing that WER or any of WER'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
RFQ 22-10, Engineering & Architectural Services — Selection 15
Page 15 of 321
Agreement, CITY OF FAYETTEVILLE may, by written notice to WER 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 WER as it could pursue in the event of a breach
of the Agreement by WER. 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 WER
incurs in providing any such gratuities to any such officer or employee.
28. 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.
RFQ 22-10, Engineering & Architectural Services —Selection 15
Page 16 of 321
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and WER ARCHITECTS by
its authorized officer have made and executed this Agreement as of the day and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
LIONELD JORDAN, MAYOR
ATTEST:
By:
Kara Paxton, City Clerk
Date Signed:
WER Northwest Arkansas PLLC
By: 1 0);p7=
JOHN LANGHAM, PRlftAaA
Date Signed: 3 / 3, ZC Z 3
END OF AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
RFQ 22-1D, Engineering & Architectural Services —Selection 15
Page 17 of 321
CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
TO: Mayor Jordan and City Council
CITY COUNCIL MEMO
2023-533
THRU: Susan Norton, Chief of Staff
FROM: Devin Howland, Director of Economic Vitality
DATE: March 13, 2023
SUBJECT: A RESOLUTION AUTHORIZING THE DEPARTMENT OF ECONOMIC VITALITY TO
HIRE ONE ADDITIONAL FULL-TIME EMPLOYEE AND TO APPROVE A BUDGET
ADJUSTMENT.
RECOMMENDATION:
Staff is recommending approval of a resolution authorizing one additional full-time employee within the
Department of Economic Vitality and approval of a budget adjustment.
BACKGROUND:
For many years, the City's economic development efforts were conducted exclusively through contracts with
external entities. In 2016, following the adoption of the Fayetteville First Economic Development Plan, this trend
changed when the Department of Economic Vitality was created to implement the plan and manage the City's two
economic development contracts.
An early goal of the Department was to bring a proactive approach to the practice of economic development in
Fayetteville. Sales tax generating businesses, such as retail trade and restaurants and food services make up 70%
of the total sales tax revenue the City receives. For some time, the City missed out on numerous restaurants and
retailers that entered the region, not having a targeted approach to securing these types of investments. In 2019, the
Department increased its headcount to two, bringing in a Business Development Manager to focus exclusively on
securing revenue -generating businesses. The results of this focus can be seen throughout Fayetteville through
investments like Walk On's, Long Horn Steak House, Cheuy's, and redevelopment projects such as The Claude
apartments south of the Northwest Arkansas Mall are examples of successful projects tied to the work of this
position. Additionally, programs such as parklets and the City's numerous Outdoor Refreshment Areas have
expanded taxable sales.
DISCUSSION:
To meet a series of complex economic needs currently facing Fayetteville, the Department of Economic Vitality
has been restructuring the City's economic development efforts in order to increase operational efficiencies
and make the tax payer dollars which fund its work go further. The intent of these efforts is to provide a
significant expansion of services without a budget increase. This can be accomplished with an additional full-
time employee using half of the dollars that were dedicated to the Business Retention and Expansion
Economic Development consulting contract.
The duties formerly executed under the Business Retention and Expansion Economic Development Consulting
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 18 of 321
Contract are being managed internally by Chung Tan, who was recently promoted to Director of Industry and
Employer relations. Further, in the succeeding years since the Department of Economic Vitality was created,
the City went from zero to over thirty years of internal economic development capacity, with its staff members
holding the highest professional designations in the industry:
• Certified Economic Developer (CEcD)
• Economic Development Finance Professional (EDFP)
Absorbing these duties internally provides the opportunity to add an additional position that will focus
exclusively on equitable and inclusive economic development efforts that are critically important to our
residents; childcare facilities, inclusive workforce development for populations who face barriers, and attainable
housing.
Staff is proposing to hire an Economic Equity and Mobility Project Manager that will provide a full-time focus on
the following areas:
• Adding childcare facilities throughout Fayetteville;
• Targeted recruitment of essential business services to areas with the greatest need;
• Expansion of job skill training programs for residents who face barriers to employment, such as Department
of Labor Apprenticeship Programs;
• Providing technical assistance and support to the Director with workforce and attainable housing efforts.
Lastly, a large portion of these funds have been placed in professional services for implementation of the City's
next Economic Vitality Master Plan.
BUDGET/STAFF IMPACT:
Budget adjustment attached.
ATTACHMENTS: 2023-533 SRF Econ Dev FTE, 2023-533 BA Econ Dev FTE, Distribution of duties
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 19 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-533
A RESOLUTION AUTHORIZING THE DEPARTMENT OF ECONOMIC VITALITY TO
HIRE ONE ADDITIONAL FULL-TIME EMPLOYEE AND TO APPROVE A BUDGET
ADJUSTMENT.
A RESOLUTION TO AUTHORIZE THE ADDITION OF A FULL TIME EQUIVALENT POSITION
TO THE ECONOMIC VITALITY DEPARTMENT, AND TO APPROVE A BUDGET
ADJUSTMENT
WHEREAS, to meet a series of complex economic needs currently facing Fayetteville, the Department
of Economic Vitality has been restructuring the City's economic development efforts in order to
increase operational efficiencies and make taxpayer dollars have a greater impact; and
WHEREAS, adding an additional position will allow the Department of Economic Vitality to have an
employee who focuses on equitable and inclusive economic development efforts that are critically
important to Fayetteville residents including childcare, inclusive workforce development for populations
who face barriers, and attainable housing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an increase of
one full time equivalent position of Economic Equity and Mobility Project Manager within the
Department of Economic Vitality.
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
Page 20 of 321
Devin Howland
Submitted By
City of Fayetteville Staff Review Form
2023-533
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/7/2023 ECONOMIC DEVELOPMENT (050)
Submitted Date Division / Department
Action Recommendation:
Staff is recommending approval of a resolution authorizing one additional full-time employee within the
Department of Economic Vitality and approval of a budget adjustment.
1010.050.0500-5XXX.XX
Account Number
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
General Fund
Fund
Project Title
$ 632,695.00
$ 202,507.24
r-
430,187.76
430,187.76
Previous Ordinance or Resolution #
Approval Date:
V20221130
Page 21 of 321
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
ECONOMIC DEVELOPMENT (050)
/Org2
2023
Requestor: Devin Howland
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
This Budget Adjustment redistributes $180,000 in funding from contract services to a range of other accounts to
accommodate the addition of 1 full -time -employee within the Department of Economic Vitality to focus on economic equity
and mobility initiatives. Additionally, a large portion of funds ($68,000) are being placed within professional services and will
be reserved for implementing the City's next Economic Vitality Master Plan.
COUNCIL DATE:
4/4/2023
ITEM ID#:
2023-533
Noll y Black
31712023
2:47 PM
Budget Division Date
TYPE:
D - (City Council)
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE
CHKD/POSTED:
TOTAL
- -
v.2023223
increase/ (Decrease)
Project.Sub#
Account Number
Expense Revenue
Project Sub.Detl AT
Account Name
1010.050.0500-5315.00
(180,000) -
EX
Contract Services
1010.050.0500-5100.00
49,461 -
EX
Salaries/Wages - FT, Regular
1010.050.0500-5105.00
3,067 -
EX
Payroll Taxes - FICA
1010.050.0500-5105.01
718 -
EX
Payroll Taxes - Medicare
1010.050.0500-5108.00
8,400 -
EX
Emp Insurance - Health
1010.050.0500-5108.01
164 -
EX
Emp Insurance - LTD
1010.050.0500-5108.02
6 -
EX
Emp Insurance - ADD
1010.050.0500-5108.03
171 -
EX
Emp Insurance - Life
1010.050.0500-5200.00
1,000 -
EX
Supplies - Office/Printing
1010.050.0500-5200.01
500 -
EX
Supplies - Copies/Lease
1010.050.0500-5303.00
1,265 -
EX
Publications & Dues
1010.050.0500-5210.00
24,500 -
EX
Minor Equipment
1010.050.0500-5314.00
68,828 -
EX
Professional Services
1010.050.0500-5309.02
18,000 -
EX
Lease - Software
1010.050.0500-5342.00
3,920 -
EX
Promotionals - Activities
1 of 1
Page 22 of 321
Department of Economic Vitality Planned Distribution of Duties
Position
Director of
Director of Industry
Economic Vitality
Economic Vitality
and Employment
Project Manager
Services
Management of the
New business
Economic equity and
Department of
attraction and
mobility initiatives for
Economic Vitality,
proactive recruitment;
populations who face
including contract
barriers [formerly
services
incarcerated,
neurodiverse,
generational poverty,
physical or
developmental
disability, low level of
literacy, dislocated
residents, etc];
Growth Concept
Business Retention
Recruitment and
Oriented
and Expansion;
expansion of
Development;
supportive services
such as childcare,
access to healthy
Duties
foods, targeted
goods and services;
Large scale special
Commerce park
Focused support for
projects/
municipal land
women, minority, and
placemaking projects
management, Site
veteran owned
(Example: SLS
selection;
businesses;
Community, Drake
Farms, Outdoor
Refreshment Areas);
Housing recruitment
AEDC Point of
Expansion of
and development:
contact, request for
workforce
Workforce housing
information response,
development and job
and market rate
prospective business
skill training
housing;
liaison;
programs, such as
on-the-job training
and registered
apprenticeships;
Data analytics,
Workforce
Staffing support for
research, and
Development.
the Department's
analysis;
housing efforts.
Municipal legislative
management with
Chief of Staff.
Page 23 of 321
CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
TO:
Mayor Jordan and City Council
THRU:
Terry Gulley, Asst Public Works Director - Ops
FROM:
Ross Jackson, Jr., Fleet Operations Superintendent
DATE:
March 15, 2023
SUBJECT:
Parts, Tear Down, Inspect and Repair Services
RECOMMENDATION:
CITY COUNCIL MEMO
2023-535
Council allows the purchase of parts and repair services from Stribling Equipment to tear down, inspect and
repair equipment in excess of $35,000.00 total spend through the end of 2023.
BACKGROUND:
Fleet occasionally has authorized shops or distributors perform internal engine and powertrain work on
equipment that is not covered under warranty or when Fleet does not have the manpower, scheduling or space
abilities to perform them in a timely manner. Tear down, inspect, and repair services are exempt from quotes.
Fleet typically stays under $15,000 per year for these services, but there have been large costly repairs this
year to street repair and maintenance equipment.
DISCUSSION:
Fleet recommends approving total expenditures in excess of $35,000.00, per City Policy, though the end of the
fiscal year for this vendor.
BUDGET/STAFF IMPACT:
These purchases for parts and services are budgeted in the shop fund.
ATTACHMENTS: SRF Stribling Bid Waiver
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 24 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-535
Parts, Tear Down, Inspect and Repair Services
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 2023
WHEREAS, Fleet occasionally has authorized shops or distributors perform internal engine work on
equipment that is not covered under warranty or when Fleet does not have the technical capacity or
manpower to perform the work in a timely manner; and
WHEREAS, the total cost of these third parry repairs is typically less than $15,000 per year, but there
have been large costly repairs to street repair and maintenance equipment this year; and
WHEREAS, Fleet recommends approving total expenditures in excess of $35,000.00, per City Policy,
though the end of the fiscal year for this vendor; and
WHEREAS, the unique and proprietary equipment and processes offered by Stribling Equipment to the
City make competitive bidding neither feasible nor practical, such that the City Council should waive
the requirements of competitive bidding in this case.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
requirements of formal competitive bidding and authorizes the purchase of equipment inspection and
repair services from Stribling Equipment in an amount exceeding $35,000.00 but within the approved
budget, as needed through the end of 2023.
Page 1
Page 25 of 321
Ross Jackson
Submitted By
City of Fayetteville Staff Review Form
2023-535
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/8/2023 FLEET OPERATIONS (770)
Submitted Date Division / Department
Action Recommendation:
Council allows the purchase of parts and repair services from Stribling Equipment to tear down, inspect and repair
equipment in excess of $35,000.00 total spend through the end of 2023.
9700.770.1910-5214.00
Account Number
NA
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Shop
Fund
NA
Project Title
$ 752,500.00
$ 201,075.52
r-
551,424.48
551,424.48
Previous Ordinance or Resolution #
Approval Date:
V20221130
Comments: For the year of 2023, Fleet Projects the total amount to be spent with Stribling to be more than
$35,000.00. Due to the nature and complexity of each repair is it difficult to project an exact amount.
Page 26 of 321
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
TO: Mayor Jordan and City Council
THRU: Terry Gulley, Asst Public Works Director - Ops
FROM: Ross Jackson, Jr., Fleet Operations Superintendent
DATE: March 15, 2023
SUBJECT: Recycle and Trash Collection Bobcat Skid Steer
RECOMMENDATION:
CITY COUNCIL MEMO
2023-537
COUNSEL APPROVES THE PURCHASE OF A BOBCAT S64 SKID STEER FOR THE SOURCEWELL
COOPERATIVE PURCHASING CONTRACT PRICE OF $53,036.30 WITH ANY APPLICABLE TAXES OR
SHIPPING THROUGH WILLIAMS TRACTOR OF SPRINGDALE, AR, AND TO APPROVE A BUDGET
ADJUSTMENT.
BACKGROUND:
Unit 6029 is a Bobcat S595 Skid Steer that has been in service since May of 2018. It is 5 years into a 6-year
life cycle but currently requires some costly repairs.
DISCUSSION:
The estimate for repairs from the manufacturer's authorized repair facility is $24,121.67. Considering the cost
of the required repairs and only months remaining on life expectancy, Fleet recommends replacement instead
of repair.
BUDGET/STAFF IMPACT:
The replacement for unit 6029 was not budgeted until 2024. However, Fleet is recommending that moving this
replacement up is the most cost-effective approach at this time. A budget adjustment is being submitted to
utilize fund balance for this purchase.
This item was approved at the March 14th Equipment Committee.
ATTACHMENTS: SRF RTC Skid Steer 6029 Replacement, 2023-537 BA SWST_F044 Repl, WT Repair
Quote, New RTC Skid Steer Quote
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 27 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-537
Recycle and Trash Collection Bobcat Skid Steer
A RESOLUTION TO APPROVE THE PURCHASE OF A BOBCAT S64 SKID STEER FROM
WILLIAMS TRACTOR, INC. IN THE AMOUNT OF $53,036.30, PLUS ANY APPLICABLE SALES
TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE
PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of a
Bobcat S64 Skid Steer from Williams Tractor, Inc. in the amount of $53,036.30, plus any applicable
sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract.
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
Page 28 of 321
Ross Jackson
Submitted By
City of Fayetteville Staff Review Form
2023-537
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/10/2023 FLEET OPERATIONS (770)
Submitted Date Division / Department
Action Recommendation:
COUNSEL APPROVES THE PURCHASE OF A BOBCAT S64 SKID STEER FOR THE SOURCEWELL COOPERATIVE
PURCHASING CONTRACT PRICE OF $53,036.30 WITH ANY APPLICABLE TAXES OR SHIPPING THROUGH WILLIAMS
TRACTOR OF SPRINGDALE, AR, AND TO APPROVE A BUDGET ADJUSTMENT.
9700.770.1920-5802.00
Account Number
02077
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Budget Impact:
Shop
Fund
Construction Equipment
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
1,417,000.00
$
487,795.00
929,205.00
$
53,036.30
$
54,000.00
I
930,168.70
Previous Ordinance or Resolution #
Approval Date:
Comments: Because this item wasn't budgted for replacement in FY23, a Budget adjustment will accompany this
Staff Review Form to City Counsil to pull necessary funds from fund balance.
V20221130
Page 29 of 321
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
FLEET OPERATIONS (770)
/Org2
2023
Requestor: Ross Jackson
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Unit 6029 (SWST_F044) has some repairs that are too costly to warrant paying for. Instead it will be replaced with the
purchase of a Bobcat S64 Skid Steer for the sourcewell contract price of $53,036.30 through WT Equipment of Springdale
AR. (New unit #6050)
RESOLUTION/ORDINANCE
COUNCIL DATE: 4/4/2023
ITEM ID#: 2023-537
Noll y Black
317512023 70:42 644
Budget Division Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE:
CHKD/POSTED:
TOTAL 54,000 54,000
increase/ (Decrease)
Account Number Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.2023223
Account Name
9700.770.1910-4999.99 - 54,000
RE
Use Fund Balance - Current
9700.770.1920-5802.00 54,000 -
02077 2023 EX
Vehicles & Equipment - base
1 of 1
Page 30 of 321
Ship To: CITY OF FAYETTEVILLE
Invoice To: CITY OF FAYETTEVILLE
1525 S HAPPY HOLLOW
FAYETTEVILLE AR 72701
WT EQUIPMENT
4190 S. 48th Street • Springdale, AR 72762
Phone (479) 442-8284
www.wtequip.com
Branch
01 - WT-SPRINGDALE
Date
Time
Page
02/22/2023
8:06:38 (0)
1
Account No
Phone No
Inv No 03
FAYET001
4794443495
�001153
Ship Via
Purchase Order
266062
Tax ID No
Salesperson
TH2
ESTIMATE EXPIRY DATE: 03/22/2023
SERVICE ESTIMATE - NOT AN INVOICE
Stock #: BC9236 LOADER MS #: B3NL13609
Make: BC Model: S595
Is to have the following work done
OIL LEAKS
ADDITIONAL DESCRIPTION:
MULTIPLE LEAKS ON ENGINE
FOUND TURBO DUMPING OIL
HOLE IN CHARGE AIR HOSE PUSHING OIL UNDER CAB
THIS ESTIMATE INCLUDES LABOR REQUIRED TO CREATE ESTIMATE,
MACHINE WAS EXTEMELY NASTY AND REQUIRED EXCESSIVE WASHING
MACHINE HAS 25 HRS OF LABOR ON IT CURRENTLY FROM EXCESSIVE
WASHING FOR FRAME REPAIR ESTIMATE AS WELL AS ENGINE OIL
LEAKS TO REMOVE SLUDGE AND TRACK OIL LEAKS.
THIS IS AN ESTIMATE PRICES MAY CHANGE
THIS ESTIMATE ALSO INCLUDES PARTS AND LABOR FOR REMOVAL AND
REPLACING MAIN FRAME THAT IS BROKEN.
Part#
Description
Otv
Price
Amount
BC7030304REM
TURBOCHARGER D2
1
2241.24
2241.24
BC7030304COR
TURBOCHARGER
1
100.00
100.00
BC7030393
PIPE, OIL
1
39.66
39.66
BC7359077
EXCHANGER OIL W
1
1257.92
1257.92
BC7250374
SEAL
1
84.49
84.49
BC7250376
SEAL
1
20.40
20.40
BC7433480
HOSE AIR FORMED
1
113.05
113.05
BC7306103
FRAME, MAIN ASS
1
12600.14
12600.14
BC7486193
VG68 FLUID
4
81.15
324.60
BC6983128
PG 53/47
4
30.33
121.32
MISCELLANEOUS CHARGES:
Description
Price
Amount
SS -TRACTOR SERV
Parts:
16902.82
Good for thirty (30) days from date of quote.
Thank You For Your Business!
Page 31 of 321
Ship To: CITY OF FAYETTEVILLE
Invoice To: CITY OF FAYETTEVILLE
1525 S HAPPY HOLLOW
FAYETTEVILLE AR 72701
WT EQUIPMENT
4190 S. 48th Street • Springdale, AR 72762
Phone (479) 442-8284
www.wtequip.com
Branch
01 - WT-SPRINGDALE
Date
Time
Page
02/22/2023
8:06:38 (0)
2
Account No
Phone No
Inv No 03
FAYET001
4794443495
�001153
Ship Via
Purchase Order
266062
Tax ID No
Salesperson
TH2
ESTIMATE EXPIRY DATE: 03/22/2023
SERVICE ESTIMATE - NOT AN INVOICE
Labor: 7395.00
Miscellaneous: 50.00
AR CITY TAX 453.05
AR COUNTY TAX 283.16
AR STATE TAX 1472.42
Discount: 2434.78-
Authorization: TOTAL: 24121.67
Good for thirty (30) days from date of quote.
Thank You For Your Business!
Page 32 of 321
WT EQUIPMENT
4190 S. 48TH ST
SPRINGDALE, AR
479-442-8284
www.wtequip.com
EQUIPMENY
January 30, 2023
City of Fayetteville
Attn: Ross Jackson
Please accept the attached Bobcat Sourcewell quote using contract #040319-CEC.
1. New 2023 Bobcat S64 Skid Steer Loader
-68hp engine with 2300 Ibs rated operating capacity
-C68 Cab Package (Enclosed cab with HVAC, heated air ride seat,
Premium LED lights, sound reduction, rear view camera)
-P17 Performance Package (Hyd. Quick attach, 7-pin attachment
Control, dual direction bucket positioning)
-Selectable joystick controls
-Solid non -marking 10X16.5 tires
-2 speed transmission
Sourcewell Price
*delivered to Fayetteville, AR
*please include any applicable sales tax
Thank you for considering Bobcat and WT Equipment
Tim Bailey
479-841-2401
$53,036.30
Page 33 of 321
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
TO: Mayor Jordan and City Council
THRU: Terry Gulley, Asst Public Works Director - Ops
FROM: Ross Jackson, Jr., Fleet Operations Superintendent
DATE: March 15, 2023
SUBJECT: DownEaster Salt Spreaders
RECOMMENDATION:
CITY COUNCIL MEMO
2023-538
COUNCIL APPROVES A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND PURCHASE OF FOUR
(4) REPLACEMENT DOWNEASTER SALT SPREADERS FOR WINTER ICE AND SNOW REMOVAL IN THE
TOTAL AMOUNT OF $41,043.72 AND ANY APPLICABLE SHIPPING AND TAXES FROM DOWNEASTER
MFG COASTAL METAL FAB OF MAINE.
BACKGROUND:
The transportation department will be replacing four (4) truck mounted salt spreaders; two (2) Henderson
Model FSM9 and two (2) Meyer Model ME63907 salt spreaders with all DownEaster model 4008 wireless
controlled mechanical over hydraulic salt spreaders.
DISCUSSION:
Fleet and Transportation have worked together to find a salt spreader that will hold up to the harsh conditions
salt spreaders are used in. We currently own two (2) other DownEaster Model 4008 spreaders and have used
them with great success and minimal mechanical issues. They are able to meet our desired specifications and
the Fleet Division would also like to move toward fleet standardization of one model of manufacturer given the
success we had with them.
BUDGET/STAFF IMPACT:
Sufficient funds have been budgeted and collected for this purchase.
This purchase was approved at the March 14th Equipment Committee.
ATTACHMENTS: SRF DownEaster, DownEaster Spreader Quote
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 34 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-538
DownEaster Salt Spreaders
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE
AMOUNT OF $41,043.72 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, FOR
THE PURCHASE OF FOUR SALT SPREADERS FROM DOWNEASTER MANUFACTURING FOR
USE BY THE TRANSPORTATION DEPARTMENT
WHEREAS, the Fleet Division currently owns two Downeaster Salt Spreaders and has moved toward
standardization of the City's salt spreader fleet; and
WHEREAS, in order to maintain standardization, the new Downeaster Salt Spreaders must be
purchased from DownEaster Manufacturing, the only authorized dealer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
requirements of formal competitive bidding and accepts the quote of $41,043.72 (plus any applicable
taxes and freight charges) from DownEaster Manufacturing for the purchase of four Downeaster Salt
Spreaders.
Page 1
Page 35 of 321
Ross Jackson
Submitted By
City of Fayetteville Staff Review Form
2023-538
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/10/2023 FLEET OPERATIONS (770)
Submitted Date Division / Department
Action Recommendation:
COUNCIL APPROVES A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND PURCHASE OF FOUR
(4) REPLACEMENT DOWNEASTER MODEL 4008 SALT SPREADERS FOR WINTER ICE AND SNOW
REMOVAL IN THE TOTAL AMOUNT OF $41,043.72 FROM DOWNEASTER MFG COASTAL METAL FAB OF MAINE,
ALONG WITH ANY ADDITIONAL TAXES AND SHIPPING COSTS.
9700.770.1920-5802.00
Account Number
02080
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Shop Fund
Fund
Other Vehicles and Equipment
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 837,346.00
$ 13,588.00
823,758.00
$ 41,043.72
782,714.28
Previous Ordinance or Resolution #
Approval Date:
V20221130
Page 36 of 321
DOWNEASTER MFG
Coastal Metal Fab
120 Old Lisbon Road
Topsham, ME 04086
Phone (207) 729-5101
Fax (207) 729-8782
Downeastermfg.com
Name / Address
Store
Please Sign & Fax Back
To Confirm This Order
Thanks
X Date:
Ship To
Quotation
Date
Estimate #
2/28/2023
5679
CITY OF FAYETTEVILLE
1525 South Happy Hallow Rd.
Fayetteville,AR 72701
Chris Basnaw 479-718-7689
cbasnaw@fayetteville-ar.gov
Terms
Rep
FOB
Project
Credit Card + 3 %
SN
.................
Item Description Qty I Price Total
E................................................. :.................................................................................................................................................... :............... E.......................... :...............................
E
DS4008SH-W4 : 4.0 yard, 8' x 71"wide stainless hopper, Self contained, Honda motor, tapered `: 4. 9,370.00 ? 37,480.00T'
top screens, wireless controls, flip 26" long chute
Serial#
Misc Credit ? 5% Municipal Discount
Freight Out Best Way ... Freight Out Best Way TBD ***ESTIMATED SHIP FOR 1-8
SPREADERS***
3 WEEK LEAD TIME
All quotes are valid for 48 hours on stainless steel products and 7 days
on all other products. A 25% re -stocking fee will be charged on any
cancellation when materials have been ordered. A non-refundable
deposit may be required on special orders. Freight to be added at time
of invoicing. All quotes must be signed before a sales order is generated
4-469.00-1,876.00T
1 3,300.00 3,300.00T
Subtotal $38,904.00
Sales Tax (5.5%)
Total
$2,139.72
$41,043.72
Page 37 of 321
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
TO: Mayor Jordan and City Council
THRU: Terry Gulley, Asst Public Works Director - Ops
FROM: Ross Jackson, Jr., Fleet Operations Superintendent
DATE: March 15, 2023
SUBJECT: Municipal Refuse Truck Replacements
RECOMMENDATION:
CITY COUNCIL MEMO
2023-539
COUNCIL APPROVES THE PURCHASE OF TWO REFUSE TRUCKS; ONE (1) REAR LOADER AND ONE
(1) FRONT LOADER USING THE SOURCEWELL COOPERATIVE PURCHASE CONTRACT # 112014-NWY
FOR THE TOTAL AMOUNT OF $628,709.11 PLUS ANY APPLICABLE TAXES AND SHIPPING COSTS
THROUGH ARKANSAS MUNICIPAL EQUIPMENT (AME) OF POYEN, AR AND TO AGREE TO AN
ADDENDUM TO THE QUOTE AND SPECIFICATION SHEET WITH AME.
BACKGROUND:
Unit 4032 is a 2017 Front Loader refuse truck with 15/15 points. Unit 4030 is a 2016 Rear Loader refuse truck
with 15/15 points. Both units have exceeded their useful life expectancies.
DISCUSSION:
A 2023 Peterbilt 520 and a Freightliner M2 106 both having New Way Refuse bodies are available from a local
manufacturer, with a Sourcewell contract price of $628,709.11.
Both these units were approved at the Equipment Committee on 03/14/23.
BUDGET/STAFF IMPACT:
Sufficient funds have been budgeted and collected for this purchase.
ATTACHMENTS: SRF 2 - AME Refuse Trucks, AME Rear Loader Quotes, Fayetteville AME Rear Loader
Specs, AME FINAL Quote - Front Loader, Fayetteville AME Front Loader Specs, Addendum to Quote
Arkansas Municipal Equipment
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 38 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-539
Municipal Refuse Truck Replacements
A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $628,709.11 PLUS ANY
APPLICABLE TAXES AND FREIGHT CHARGES FROM ARKANSAS MUNICIPAL EQUIPMENT
FOR THE PURCHASE OF ONE PETERBILT REFUSE TRUCK AND ONE FREIGHTLINER
REFUSE TRUCK, PURSUANT TO A SOURCEWELL 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 authorizes Mayor Jordan
to accept the quote of $628,709.11 (plus any applicable taxes and freight charges) from Arkansas
Municipal Equipment of Poyen, Arkansas, for the purchase of one Peterbilt refuse truck and one
Freightliner refuse truck, and further authorizes the Mayor to sign the Addendum to Quote and
Specification Sheet.
Page 1
Page 39 of 321
Ross Jackson
Submitted By
City of Fayetteville Staff Review Form
2023-539
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/15/2023 FLEET OPERATIONS (770)
Submitted Date Division / Department
Action Recommendation:
COUNCIL APPROVES THE PURCHASE OF TWO REFUSE TRUCKS; ONE (1) REAR LOADER AND ONE (1) FRONT LOADER
USING THE SOURCEWELL COOPERATIVE PURCHASE CONTRACT # 112014-NWY FOR THE TOTAL AMOUNT OF
$628,709.11 PLUS ANY APPLICABLE TAXES AND SHIPPING COSTS THROUGH ARKANSAS MUNICIPAL EQUIPMENT
(AME) OF POYEN, AR AND TO AGREE TO AN ADDENDUM TO THE QUOTE AND SPECIFICATION SHEET WITH AME.
9700.770.1920-5802.00
Account Number
02082
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Shop
Fund
Recycling and Trash Trucks
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 1,755,341.00
$ 397,825.00
1,357,516.00
$ 628,709.11
I 728,806.89
Previous Ordinance or Resolution #
Approval Date:
V20221130
Page 40 of 321
Quote Arkansas Municipal Equipment
14263 Highway 270 west
Poyen, Arkansas 72128
501 425 1567 ** danielellison@yahoo.com **
To: City Of Fayetteville AR
1525 S Happy Hollow RD QUOTE:#FAYAR25YDRL
Fayetteville AR 72701
Sourcewell Member# 34143 Date: March 6th 2023
AR Dealer # M 8116
Qty Description
Sorucewell Contract # 112014-NWY
Each Total
1.00
12023 Freightliner M2 106
$
229,755.00
$
229,755.00
25yd New Way Magnum
$
-
Per Bid Spec
$
-
Delivery Date 7-10 Days After Receitpt
$
Of Order
$
-
1.00
ATD Discount
$
(3,215.89)
$
(3,215.89)
1.00
5yr 200K Mile Cummins & After Treatement
$
2,130.00
$
2,130.00
1.00
5yr Allison
$
1,275.00
$
1,275.00
1.00
2yr Basic Vehicle
$
705.00
$
705.00
1.00
5yr Cylinder warranty
$
3,500.00
$
3,500.00
1.00
5yr Body Warranty
$
4,875.00
$
4,875.00
Body warranty covers all welds and
$
-
structure that is not misuse or abuse
$
-
Daniel Ellison
Phone: 501 425 1567
Email: danielellison@yahoo.com
www.ametrucks.com
Subtotal
Sales tax
Freight
Total
$
239,024.11
$
239,024.11
Page 41 of 321
139007 1
0PT.RE£V1N8VV|NCH.BOLT0N.RL.80|M
131374 1
0PT,2XVALVE.HANDLE&RDU.RT'OU|NCOBRA
132D8g 1
OPT,C{iNT 8TOP'FULLTUBE'3.5 8(l.801N,R1_ HC
143142 1
DP'[0CKBAR.BOLT-ON.80|N.LRL
138105 1
OPT,1xyALVE,CTEXTPIVOT L|NKA8E,RT.DO|NLRL
137844 1
OPT.EXTLOADS|LL'L/PAND LATCH.80U-ONK|CKBARB\RS^KCCM,HC.80|N
138107 1
OPT^HYDTU8E'FUTCT.RTD0|NLRL
14134U 1
OPT.HYD'NYL0NWRAPPED, LRL.8O|N
115926 1
OPT.ACCESSLADDER.RL.KCCk4.STD
126352 1
0PT,EXTSEAL.TGUPR.RL
133583 1
DPTPAINTWH|T2.LRL
option Comment: ^10006EX
104104 1
OPT,YV0RKL|8HTlED.|NHPR,RG.RLKCCM
115O1D 1
OPl8TR8BE.2RND.INTEGRATED, UPRT8'RS.RL'KCCM
137070 1
OpT.STRO8E`2RNO.|NTEGRATEU,UWHTG.RS.RL.KCCM
l38GQ1 1
PhnedO0/15/2O32O311MW
Page 42uf321
Entered by:i�wn Beardmore
p
!irCttr<1Lt p d€1i7 s.f'$1.,€bir, IJiStaff;'lInea!-SounIoa,1ttSI462
Phis is ncxi an invoice. _
LineIternAmounts and pbeat-diiioteC7neWWaytrUcks,cotri
800631 IM8 ;12 6521399 •
Charges Sui:fieet to Change. Page: 2 of 3
0PT,1 CAMERA SYSTEM, -/IN MONITOR,SAFETY
VISION
119313
1
OPT,WAPRANTY,HYD,1 YR,PF3V,L.R[..
139885
1
OP-r,WARRANTY,CYL,2 -YH,LRL
119314
1
OPT,WARRANTY, BODY,1 YR, PRV, L. R L.n
116343
1
CP'r,MNT,LRL
104203
1
OPT, PTO AUT'U,H OT HIF i3OVERSPEE D
115384
1
OPT,PACK ON -rHE GO
134882
1
OP ,REM GREASE,TC h1INGE&CYL,LE`ti._
141861
1
C. PT,EJ PNL,TG,IN CAE AIR CNTRi-_,FEE_
124738
i
QPT,PRESSURE GAUGE,QUICK DISC
113926
1
OPT, MUDFLAPS.REAR, LOGO, I=1.
116901
1
CPT,CUP HOLDER,v IN DIA
113305
1
OPT,FIRE EXT,10 LB
119201
1
OP-i ,TRIANGLE,SAFETY,ROAD SlDE4
;del Date Quantity From
Possible Make Possible VIN Nurtiber Chassis ETA
1 2/2/2023 1.000000 BOONEVILLEry
Freightliner UH9244 08/22/2022
Line () Line Miscellaneous Chw:gos.
_NI% iJllkt Rdo Frem O sGratna
E F
1.) 1 (P.) Steel Surcharge
Gross Dreier:
Less miscount:
Total Tax:
Line miscellaneous Charges:
Order miscellaneous Charges:
Orderk*:003:02
Printed: 08/15/2022 03:11 PM
Page 43 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Price Level
Data Version
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
S P E C IF I CAT I ON PROP O SAL
Description
M2 PRL-26M (EFF:7/26/21)
SPECPR021 DATA RELEASE VER 048
Interior Convenience/Driver Retention Package
INTERIOR CONVENIENCE PACKAGE WITH CB
PROVISION
Vehicle Configuration
General Service
M2 106 CONVENTIONAL CHASSIS
2023 MODEL YEAR SPECIFIED
SET BACK AXLE - TRUCK
STRAIGHT TRUCK PROVISION
LH PRIMARY STEERING LOCATION
TRUCK CONFIGURATION
DOMICILED, USA 50 STATES (INCLUDING
CALIFORNIA AND CARB OPT -IN STATES)
REFUSE SERVICE
SANITATION BUSINESS SEGMENT
MOIST BULK COMMODITY
TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN
TRANSIT, IS SPENT ON PAVED ROADS
MAXIMUM 8% EXPECTED GRADE
SMOOTH CONCRETE OR ASPHALT PAVEMENT -
MOST SEVERE IN -TRANSIT (BETWEEN SITES)
ROAD SURFACE
MEDIUM TRUCK WARRANTY
EXPECTED FRONT AXLE(S) LOAD: 10000.0 Ibs
EXPECTED REAR DRIVE AXLE(S) LOAD:
23000.0 Ibs
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
Weight Weight
Front Rear
5,709 3,503
05/26/2022 4:01 PM
Page 1 of 23
Page 44 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Truck Service
Engine
Weight
Description Front
EXPECTED GROSS VEHICLE WEIGHT CAPACITY
: 33000.0 Ibs
REFUSE, SIDE LOAD OR REAR PACKER BODY -
UNLOADS IN A LANDFILL
EXPECTED TRUCK BODY LENGTH: 0.0 ft
SCRANTON MANUFACTURING/NEW WAY
EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE
FRAME "XX" INCHES: 32.0 in
CUM L9 300 HP @ 2200 RPM, 2200 GOV RPM, 640
860 LB -FT @ 1200 RPM, REFUSE
Electronic Parameters
N 75 MPH ROAD SPEED LIMIT
CRUISE CONTROL SPEED LIMIT SAME AS ROAD
SPEED LIMIT
PTO MODE ENGINE RPM LIMIT - 1200 RPM
PTO RPM WITH CRUISE SET SWITCH - 1200
RPM
PTO RPM WITH CRUISE RESUME SWITCH - 700
RPM
PTO MODE CANCEL VEHICLE SPEED - 5 MPH
PTO GOVERNOR RAMP RATE - 1000 RPM PER
SECOND
ONE REMOTE PTO SPEED
PTO SPEED 1 SETTING - 1200 RPM
PTO MINIMUM RPM - 700
REGEN INHIBIT SPEED THRESHOLD - 5 MPH
Engine Equipment
2010 EPA/CARB/GHG21 CONFIGURATION
2008 CARB EMISSION CERTIFICATION - CLEAN
IDLE (INCLUDES 6X4 INCH LABEL ON LOWER
FORWARD CORNER OF DRIVER DOOR)
STANDARD OIL PAN
ENGINE MOUNTED OIL CHECK AND FILL
SIDE OF HOOD AIR INTAKE WITH FIREWALL
MOUNTED DONALDSON AIR CLEANER
DR 12V 160 AMP 28-SI QUADRAMOUNT PAD
ALTERNATOR WITH REMOTE BATTERY VOLT
SENSE
(2) DTNA GENUINE, FLOODED STARTING, MIN 10
2000CCA, 370RC, THREADED STUD BATTERIES
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight
Rear
30
05/26/2022 4:01 PM
Page 2 of 23
Page 45 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Weight
Description Front
BATTERY BOX FRAME MOUNTED
STANDARD BATTERY JUMPERS
SINGLE BATTERY BOX FRAME MOUNTED LH
SIDE UNDER CAB
WIRE GROUND RETURN FOR BATTERY CABLES
WITH ADDITIONAL FRAME GROUND RETURN
NON -POLISHED BATTERY BOX COVER
CAB AUXILIARY POWER CABLE
POSITIVE LOAD DISCONNECT WITH CAB
MOUNTED CONTROL SWITCH MOUNTED
OUTBOARD DRIVER SEAT
POSITIVE AND NEGATIVE POSTS FOR
JUMPSTART LOCATED ON FRAME NEXT TO
STARTER
CUMMINS TURBOCHARGED 18.7 CFM AIR
COMPRESSOR WITH INTERNAL SAFETY VALVE
STANDARD MECHANICAL AIR COMPRESSOR
GOVERNOR
AIR COMPRESSOR DISCHARGE LINE
ELECTRONIC ENGINE INTEGRAL SHUTDOWN
PROTECTION SYSTEM
CUMMINS ENGINE INTEGRAL BRAKE WITH
VARIABLE GEOMETRY TURBO ON/OFF
RH OUTBOARD UNDER STEP MOUNTED
HORIZONTAL AFTERTREATMENT SYSTEM
ASSEMBLY WITH RH B-PILLAR MOUNTED
VERTICAL TAILPIPE
ENGINE AFTERTREATMENT DEVICE,
AUTOMATIC OVER THE ROAD REGENERATION
AND DASH MOUNTED REGENERATION
REQUEST SWITCH
11 FOOT 06 INCH (138 INCH+O/-5.9 INCH)
EXHAUST SYSTEM HEIGHT
STANDARD CURVE BRIGHT UPPER STACK(S)
RH CURVED VERTICAL TAILPIPE B-PILLAR
MOUNTED ROUTED FROM STEP
13 GALLON DIESEL EXHAUST FLUID TANK
100 PERCENT DIESEL EXHAUST FLUID FILL
LH FORWARD FACE OF DIESEL EXHAUST FLUID
TANK 48 TO 52 INCHES BACK OF CAB
STANDARD DIESEL EXHAUST FLUID PUMP
MOUNTING
STANDARD DIESEL EXHAUST FLUID TANK CAP
STAINLESS STEEL AFTERTREATMENT
DEVICE/MUFFLER/TAILPIPE SHIELD
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
5
10
►a
20
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight
Rear
30 25
35 10
05/26/2022 4:01 PM
Page 3 of 23
Page 46 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Weight
Description Front
N HORTON DRIVEMASTER ADVANTAGE ON/OFF
FAN DRIVE
AUTOMATIC FAN CONTROL WITHOUT DASH
SWITCH, NON ENGINE MOUNTED
CUMMINS SPIN ON FUEL FILTER
COMBINATION FULL FLOW/BYPASS OIL FILTER
900 SQUARE INCH ALUMINUM RADIATOR 15
ANTIFREEZE TO -34F, OAT (NITRITE AND
SILICATE FREE) EXTENDED LIFE COOLANT
GATES BLUE STRIPE COOLANT HOSES OR
EQUIVALENT
CONSTANT TENSION HOSE CLAMPS FOR
COOLANT HOSES
RADIATOR DRAIN VALVE
LOWER RADIATOR GUARD
Transmission
PHILLIPS-TEMRO 1000 WATT/115 VOLT BLOCK 4
HEATER
CHROME ENGINE HEATER RECEPTACLE
MOUNTED UNDER LH DOOR
ALUMINUM FLYWHEEL HOUSING
ELECTRIC GRID AIR INTAKE WARMER
DELCO 12V 38MT HD STARTER WITH
INTEGRATED MAGNETIC SWITCH
ALLISON 3500 RIDS AUTOMATIC TRANSMISSION 200
WITH PTO PROVISION
Transmission Equipment
ALLISON VOCATIONAL PACKAGE 170 -
AVAILABLE ON 3000/4000 PRODUCT FAMILIES
WITH VOCATIONAL MODEL RIDS AND EVS
ALLISON VOCATIONAL RATING FOR REFUSE
APPLICATIONS AVAILABLE WITH ALL PRODUCT
FAMILIES
PRIMARY MODE GEARS, LOWEST GEAR 1,
START GEAR 1, HIGHEST GEAR 6, AVAILABLE
FOR 3000/4000 PRODUCT FAMILIES ONLY
SECONDARY MODE GEARS, LOWEST GEAR 1,
START GEAR 1, HIGHEST GEAR 6, AVAILABLE
FOR 3000/4000 PRODUCT FAMILIES ONLY
S1 PERFORMANCE PRIMARY SHIFT SCHEDULE,
AVAILABLE FOR 3000/4000 PRODUCT FAMILIES
ONLY
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight
Rear
60
05/26/2022 4:01 PM
Page 4 of 23
Page 47 of 321
Prepared for: Prepared by:
SCRANTON MFG CO INC BB A Mccaffrey
101 STATE ST I -STATE TRUCK CENTER
SCRANTON, IA 51462 4801 HARBOR DRIVE
Phone:712-652-3396 SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight Weight
Description Front Rear
S1 PERFORMANCE SECONDARY SHIFT
SCHEDULE, AVAILABLE FOR 3000/4000
PRODUCT FAMILIES ONLY
1900 RPM PRIMARY MODE SHIFT SPEED
1900 RPM SECONDARY MODE SHIFT SPEED
ENGINE BRAKE RANGE PRESELECT
RECOMMENDED BY DTNA AND ALLISON, THIS
DEFINED BY ENGINE AND VOCATIONAL USAGE
ENGINE BRAKE RANGE ALTERNATE
PRESELECT RECOMMENDED BY DTNA AND
ALLISON, THIS DEFINED BY ENGINE AND
VOCATIONAL USAGE
FUEL SENSE 2.0 DISABLED - PERFORMANCE -
TABLE BASED
DRIVER SWITCH INPUT - DEFAULT - NO
SWITCHES
VEHICLE INTERFACE WIRING CONNECTOR
WITH PDM AND NO BLUNT CUTS, AT BACK OF
CAB
ELECTRONIC TRANSMISSION CUSTOMER
ACCESS CONNECTOR MOUNTED BACK OF CAB
CUSTOMER INSTALLED CHELSEA 280 SERIES
PTO
PTO MOUNTING, LH SIDE OF MAIN
TRANSMISSION ALLISON
MAGNETIC PLUGS, ENGINE DRAIN,
TRANSMISSION DRAIN, AXLE(S) FILL AND
DRAIN
PUSH BUTTON ELECTRONIC SHIFT CONTROL,
DASH MOUNTED
TRANSMISSION PROGNOSTICS - ENABLED 2013
WATER TO OIL TRANSMISSION COOLER, IN
RADIATOR END TANK
TRANSMISSION OIL CHECK AND FILL WITH
ELECTRONIC OIL LEVEL CHECK
SYNTHETIC TRANSMISSION FLUID (TES-295
COMPLIANT)
Front Axle and Equipment
MFS-10-143A 10,000# FF1 71.5 INCH KPI/3.74
INCH DROP SINGLE FRONT AXLE
MERITOR 15X5 Q+ CAST SPIDER CAM FRONT
BRAKES, DOUBLE ANCHOR, FABRICATED
SHOES
NON -ASBESTOS FRONT BRAKE LINING
CONMET CAST IRON FRONT BRAKE DRUMS
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
05/26/2022 4:01 PM
Page 5 of 23
Page 48 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Weight
Description Front
FRONT BRAKE DUST SHIELDS
FRONT OIL SEALS
VENTED FRONT HUB CAPS WITH WINDOW,
CENTER AND SIDE PLUGS - OIL
STANDARD SPINDLE NUTS FOR ALL AXLES
MERITOR AUTOMATIC FRONT SLACK
ADJUSTERS
TRW THP-60 POWER STEERING
POWER STEERING PUMP
2 QUART SEE THROUGH POWER STEERING
RESERVOIR
CURRENT AVAILABLE SYNTHETIC 75W-90
FRONT AXLE LUBE
Front Suspension
12,000# DUAL TAPERLEAF FRONT SUSPENSION
MAINTENANCE FREE RUBBER BUSHINGS -
FRONT SUSPENSION
FRONT SHOCK ABSORBERS
Rear Axle and Equipment
RS-23-161 23,000# R-SERIES SINGLE REAR
AXLE
5.63 REAR AXLE RATIO
IRON REAR AXLE CARRIER WITH STANDARD
AXLE HOUSING
MXL 17T MERITOR EXTENDED LUBE MAIN
DRIVELINE WITH HALF ROUND YOKES
DRIVER CONTROLLED TRACTION
DIFFERENTIAL - SINGLE REAR AXLE
(1) DRIVER CONTROLLED DIFFERENTIAL LOCK
REAR VALVE FOR SINGLE DRIVE AXLE
BLINKING LAMP WITH EACH MODE SWITCH,
DIFFERENTIAL UNLOCK WITH IGNITION OFF,
ACTIVE <5 MPH
MERITOR 16.5X7 Q+ CAST SPIDER HEAVY DUTY
CAM REAR BRAKES, DOUBLE ANCHOR,
FABRICATED SHOES
NON -ASBESTOS REAR BRAKE LINING
BRAKE CAMS AND CHAMBERS ON REAR SIDE
OF DRIVE AXLE(S)
CONMET CAST IRON REAR BRAKE DRUMS
REAR BRAKE DUST SHIELDS
REAR OIL SEALS
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
I
42
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight
Rear
174
20
5
05/26/2022 4:01 PM
Page 6 of 23
Page 49 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Weight
Description Front
BENDIX EVERSURE LONGSTROKE 1-DRIVE
AXLE SPRING PARKING CHAMBERS
MERITOR AUTOMATIC REAR SLACK
ADJUSTERS
CURRENT AVAILABLE SYNTHETIC 75W-90 REAR
AXLE LUBE
Rear Suspension
N
30,000# FLAT LEAF SPRING REAR SUSPENSION
WITH HELPER AND RADIUS ROD
SPRING SUSPENSION - NO AXLE SPACERS
STANDARD AXLE SEATS IN AXLE CLAMP
GROUP
FORE/AFT CONTROL RODS
Brake System
AIR BRAKE PACKAGE
WABCO 4S/4M ABS
REINFORCED NYLON, FABRIC BRAID AND WIRE
BRAID CHASSIS AIR LINES
FIBER BRAID PARKING BRAKE HOSE
STANDARD BRAKE SYSTEM VALVES
STANDARD AIR SYSTEM PRESSURE
PROTECTION SYSTEM
STD U.S. FRONT BRAKE VALVE
RELAY VALVE WITH 5-8 PSI CRACK PRESSURE,
NO REAR PROPORTIONING VALVE
BW AD-9 BRAKE LINE AIR DRYER WITH HEATER
AIR DRYER MOUNTED INBOARD ON LH RAIL
STEEL AIR BRAKE RESERVOIRS MOUNTED
INSIDE RAIL
REAR OF AIR TANKS 70" OR LESS BACK OF CA B
PULL CABLES ON ALL AIR RESERVOIR(S)
Trailer Connections
UPGRADED CHASSIS MULTIPLEXING UNIT
UPGRADED BULKHEAD MULTIPLEXING UNIT
Wheelbase & Frame
5275MM (208 INCH) WHEELBASE
11/32X3-1/2X10-3/16 INCH STEEL FRAME
(8.73MMX258.8MM/0.344X10.19 INCH) 120KSI
2425MM (95 INCH) REAR FRAME OVERHANG
FRAME OVERHANG RANGE: 91 INCH TO 100
INCH
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
20
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight
Rear
230
150 80
-40 170
05/26/2022 4:01 PM
Page 7 of 23
Page 50 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Weight
Description Front
CALC'D BACK OF CAB TO REAR SUSP C/L (CA) :
142.13 in
CALCULATED EFFECTIVE BACK OF CAB TO
REAR SUSPENSION C/L (CA) : 139.13 in
CALC'D FRAME LENGTH - OVERALL: 342.15 in
CALCULATED FRAME SPACE LH SIDE: 74.5 in
CALCULATED FRAME SPACE RH SIDE: 89.78 in
SQUARE END OF FRAME
FRONT CLOSING CROSSMEMBER
STANDARD WEIGHT ENGINE CROSSMEMBER
STANDARD CROSSMEMBER BACK OF
TRANSMISSION
STANDARD MIDSHIP #1 CROSSMEMBER(S)
STANDARD REARMOST CROSSMEMBER
STANDARD SUSPENSION CROSSMEMBER
Chassis Equipment
THREE-PIECE 14 INCH CHROMED STEEL 30
BUMPER WITH COLLAPSIBLE ENDS
FRONT TOW HOOKS - FRAME MOUNTED 15
BUMPER MOUNTING FOR SINGLE LICENSE
PLATE
FENDER AND FRONT OF HOOD MOUNTED
FRONT MUDFLAPS
GRADE 8 THREADED HEX HEADED FRAME
FASTENERS
CLEAR FRAME RAILS FROM BACK OF CAB TO
FRONT REAR SUSPENSION BRACKET, BOTH
RAILS OUTBOARD
Fuel Tanks
N 80 GALLON/302 LITER RECTANGULAR 40
ALUMINUM FUEL TANK - LH
RECTANGULAR FUEL TANK(S)
PLAIN ALUMINUM/PAINTED STEEL
FUEL/HYDRAULIC TANK(S) WITH PAINTED
BANDS
FUEL TANK(S) FORWARD
PLAIN STEP FINISH
FUEL TANK CAP(S)
DETROIT FUEL/WATER SEPARATOR WITH -5
WATER IN FUEL SENSOR AND 12 VOLT
PREHEATER
EQUIFLO INBOARD FUEL SYSTEM
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight
Rear
10
05/26/2022 4:01 PM
Page 8 of 23
Page 51 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Tires
Hubs
Wheels
Cab Exterior
Weight
Description Front
HIGH TEMPERATURE REINFORCED NYLON
FUEL LINE
FUEL COOLER
MICHELIN XZE2 11R22.5 14 PLY RADIAL FRONT
TIRES
MICHELIN X MULTI D 11 R22.5 14 PLY RADIAL
REAR TIRES
CONMET PRESET PLUS PREMIUM IRON FRONT
HUBS
CONMET PRESET PLUS PREMIUM IRON REAR
HUBS
ACCURIDE 28828 22.5X8.25 10-HUB PILOT 6.18
INSET 2-HAND HD STEEL DISC FRONT WHEELS
MAXION WHEELS 90260 22.5X8.25 10-HUB PILOT
2-HAND HD STEEL DISC REAR WHEELS
FRONT WHEEL MOUNTING NUTS
REAR WHEEL MOUNTING NUTS
106 INCH BBC FLAT ROOF ALUMINUM
CONVENTIONAL CAB
AIR CAB MOUNTING
NONREMOVABLE BUGSCREEN MOUNTED
BEHIND GRILLE
LH AND RH GRAB HANDLES
HOOD MOUNTED CHROMED PLASTIC GRILLE
CHROME HOOD MOUNTED AIR INTAKE GRILLE
FIBERGLASS HOOD
TUNNEL/FIREWALL LINER
SINGLE 14 INCH ROUND POLISHED AIR HORN
ROOF MOUNTED
SINGLE ELECTRIC HORN
SINGLE HORN SHIELD
REAR LICENSE PLATE MOUNT END OF FRAME
LED HEADLIGHT ASSEMBLY AND
INCANDESCENT MARKER/TURN LAMP WITH
CHROME BEZEL
LED AERODYNAMIC MARKER LIGHTS
DAYTIME RUNNING LIGHTS
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight
Rear
10
12
96
26
4
80
05/26/2022 4:01 PM
Page 9 of 23
Page 52 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Cab Interior
Weight
Description Front
OMIT STOP/TAIL/BACKUP LIGHTS AND PROVIDE
WIRING WITH SEPARATE STOP/TURN WIRES
TO 4 FEET BEYOND END OF FRAME
STANDARD FRONT TURN SIGNAL LAMPS
DUAL WEST COAST BRIGHT FINISH HEATED
MIRRORS WITH LH AND RH REMOTE
DOOR MOUNTED MIRRORS
102 INCH EQUIPMENT WIDTH
LH AND RH 8 INCH BRIGHT FINISH CONVEX
MIRRORS MOUNTED UNDER PRIMARY
MIRRORS
STANDARD SIDE/REAR REFLECTORS
RH AFTERTREATMENT SYSTEM CAB ACCESS
WITH PLAIN DIAMOND PLATE COVER
COMPOSITE EXTERIOR SUN VISOR 10
63X14 INCH TINTED REAR WINDOW
TINTED DOOR GLASS LH AND RH WITH TINTED
NON -OPERATING WING WINDOWS
RH AND LH ELECTRIC POWERED WINDOWS, 4
PASSENGER SWITCHES ON DOOR(S)
1-PIECE SOLAR GREEN GLASS WINDSHIELD
2 GALLON WINDSHIELD WASHER RESERVOIR
WITHOUT FLUID LEVEL INDICATOR, FRAME
MOUNTED
WHITE WINTERFRONT 2
OPAL GRAY VINYL INTERIOR
MOLDED DOOR PANEL WITH UPPER VINYL
INSERTS
MOLDED DOOR PANEL WITH UPPER VINYL
INSERTS
BLACK MATS WITH SINGLE INSULATION
DASH MOUNTED ASH TRAYS AND LIGHTER
FORWARD ROOF MOUNTED CONSOLE WITH
UPPER STORAGE COMPARTMENTS WITHOUT
NETTING
IN DASH STORAGE BIN
(2) CUP HOLDERS LH AND RH DASH
GRAY/CHARCOAL FLAT DASH
SMART SWITCH EXPANSION MODULE
HEATER, DEFROSTER AND AIR CONDITIONER
STANDARD HVAC DUCTING
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight
Rear
-5
05/26/2022 4:01 PM
Page 10 of 23
Page 53 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Weight
Description Front
MAIN HVAC CONTROLS WITH RECIRCULATION
SWITCH
STANDARD HEATER PLUMBING WITH BALL
SHUTOFF VALVES
VALEO HEAVY DUTY A/C REFRIGERANT
COMPRESSOR
BINARY CONTROL, R-134A
PREMIUM INSULATION
SOLID-STATE CIRCUIT PROTECTION AND
FUSES
12V NEGATIVE GROUND ELECTRICAL SYSTEM
DOME DOOR ACTIVATED LH AND RH, DUAL
READING LIGHTS, FORWARD CAB ROOF
DOOR LOCKS AND IGNITION SWITCH KEYED
THE SAME
KEY QUANTITY OF 2
LH AND RH ELECTRIC DOOR LOCKS
(1) 12 VOLT POWER SUPPLY IN DASH
BASIC ISRINGHAUSEN HIGH BACK AIR
SUSPENSION DRIVERS SEAT WTIH
MECHANICAL LUMBAR AND INTEGRATED
CUSHION EXTENSION
2 MAN TOOL BOX MID BACK NON SUSPENSION
PASSENGER SEAT
INBOARD DRIVER SEAT ARMREST, NO
PASSENGER SEAT ARMREST
LH AND RH INTEGRAL DOOR PANEL ARMRESTS
BLACK CORDURA PLUS CLOTH DRIVER SEAT
COVER
BLACK CORDURA PLUS CLOTH PASSENGER
SEAT COVER
BLACK SEAT BELTS
ADJUSTABLE TILT AND TELESCOPING
STEERING COLUMN
4-SPOKE 18 INCH (450MM) STEERING WHEEL
DRIVER AND PASSENGER INTERIOR SUN
VISORS
Instruments & Controls
GRAY DRIVER INSTRUMENT PANEL
GRAY CENTER INSTRUMENT PANEL
ENGINE REMOTE INTERFACE WITH PARK
BRAKE AND NEUTRAL INTERLOCKS
BLACK GAUGE BEZELS
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
30
20
2
10
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight
Rear
05/26/2022 4:01 PM
Page 11 of 23
Page 54 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Weight
Description Front
LOW AIR PRESSURE INDICATOR LIGHT AND
AUDIBLE ALARM
2 INCH PRIMARY AND SECONDARY AIR
PRESSURE GAUGES
INTAKE MOUNTED AIR RESTRICTION
INDICATOR WITH GRADUATIONS
ELECTRONIC CRUISE CONTROL WITH
SWITCHES IN LH SWITCH PANEL
KEY OPERATED IGNITION SWITCH AND
INTEGRAL START POSITION; 4 POSITION
OFF/RUN/START/ACCESSORY
ICU3S, 132X48 DISPLAY WITH DIAGNOSTICS, 28
LED WARNING LAMPS AND DATA LINKED
HEAVY DUTY ONBOARD DIAGNOSTICS
INTERFACE CONNECTOR LOCATED BELOW LH
DASH
2 INCH ELECTRIC FUEL GAUGE
ENGINE REMOTE INTERFACE WITH PRESET
FAST IDLE
ENGINE REMOTE INTERFACE CONNECTOR AT
BACK OF CAB
ELECTRICAL ENGINE COOLANT TEMPERATURE
GAUGE
2 INCH TRANSMISSION OIL TEMPERATURE
GAUGE
ENGINE AND TRIP HOUR METERS INTEGRAL
WITHIN DRIVER DISPLAY
(1) DASH MOUNTED PTO SWITCH WITH
INDICATOR LAMP
ELECTRIC ENGINE OIL PRESSURE GAUGE
OVERHEAD INSTRUMENT PANEL
AM/FM/WB WORLD TUNER RADIO WITH
BLUETOOTH, USB AND AUXILIARY INPUTS,
J1939
(2) RADIO SPEAKERS IN CAB
POWER AND GROUND WIRING PROVISION
OVERHEAD
CB WIRING ONLY TO ROOF/OVERHEAD
CONSOLE; NO MOUNTING PROVISION
MULTI -BAND AM/FM/WB/CB LH MIRROR
MOUNTED ANTENNA SYSTEM
ELECTRONIC MPH SPEEDOMETER WITH
SECONDARY KPH SCALE, WITHOUT
ODOMETER
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
10
10
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight
Rear
05/26/2022 4:01 PM
Page 12 of 23
Page 55 of 321
Prepared for: Prepared by:
SCRANTON MFG CO INC BB A Mccaffrey
101 STATE ST I -STATE TRUCK CENTER
SCRANTON, IA 51462 4801 HARBOR DRIVE
Phone:712-652-3396 SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Design
Color
Weight Weight
Description Front Rear
STANDARD VEHICLE SPEED SENSOR
ELECTRONIC 3000 RPM TACHOMETER
IGNITION SWITCH CONTROLLED ENGINE STOP
SIX ON/OFF ROCKER SWITCHES IN THE DASH
WITH INDICATOR LIGHTS; FOUR WIRE TO
CHASSIS AT BACK OF CAB, TWO UNWIRED,
LABEL ALL OPT
WORK BRAKE WITH RETURN TO GEAR, AUTO
NEUTRAL, FOR DRIVE AXLE SERVICE BRAKES
DIGITAL VOLTAGE DISPLAY INTEGRAL WITH
DRIVER DISPLAY
SINGLE ELECTRIC WINDSHIELD WIPER MOTOR
WITH DELAY
MARKER LIGHT SWITCH INTEGRAL WITH
HEADLIGHT SWITCH
ONE VALVE PARKING BRAKE SYSTEM WITH
DASH VALVE CONTROL AUTONEUTRAL AND
WARNING INDICATOR
SELF CANCELING TURN SIGNAL SWITCH WITH
DIMMER, WASHER/WIPER AND HAZARD IN
HANDLE
INTEGRAL ELECTRONIC TURN SIGNAL
FLASHER WITH HAZARD LAMPS OVERRIDING
STOP LAMPS
PAINT: ONE SOLID COLOR
CAB COLOR A: L0006EY WHITE ELITE EY
BLACK, HIGH SOLIDS POLYURETHANE CHASSIS
PAINT
POWDER WHITE (N0006EA) FRONT
WHEELS/RIMS (PKWHT21, TKWHT21, W, TW)
POWDER WHITE (N0006EA) REAR
WHEELS/RIMS (PKWHT21, TKWHT21, W, TW)
SUNVISOR PAINTED SAME AS CAB COLOR A
STANDARD E COAT/UNDERCOATING
Certification / Compliance
U.S. FMVSS CERTIFICATION, EXCEPT SALES
CABS AND GLIDER KITS
Secondary Factory Options
NO TIRE INFLATION DEVICE/SYSTEM
CORPORATE PDI CENTER IN-SERVICE ONLY
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
05/26/2022 4:01 PM
Page 13 of 23
Page 56 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Description
Raw Performance Data
CALCULATED EFFECTIVE BACK OF CAB TO
REAR SUSPENSION C/L (CA) : 139.13 in
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Weight Weight
Front Rear
TOTAL VEHICLE SUMMARY
Weight Summary
Weight
Weight
Total
Front
Rear
Weight
Factory Weight+
7087 Ibs
4488 Ibs
11575 Ibs
Total Weight+
7087 Ibs
4488 Ibs
11575 Ibs
Extended Warranty
TOWING: 1 YEAR/UNLIMITED MILES/KM EXTENDED TOWING
COVERAGE $550 CAP FEX APPLIES
(+) Weights shown are estimates only.
If weight is critical, contact Customer Application Engineering.
(***) All cost increases for major components (Engines, Transmissions, Axles, Front and Rear Tires) and government mandated
requirements, tariffs, and raw material surcharges will be passed through and added to factory invoices.
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
05/26/2022 4:01 PM
Page 14 of 23
Page 57 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
106
D I M E N S I O N S
142 in )I
139
67.90 in
208 in j{ 96 in
344 in
17 in
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Model.......................................................................................................................................................................................
M2106
Wheelbase(545)..........................................................................................................................5275MM
(208 INCH) WHEELBASE
Rear Frame Overhang(552)....................................................................................
2425MM (95 INCH) REAR FRAME OVERHANG
Fifth Wheel(578)...................................................................................................................................................
NO FIFTH WHEEL
Mounting Location (577)...............................................................................................................
NO FIFTH WHEEL LOCATION
MaximumForward Position(in)....................................................................................................................................................0
MaximumRearward Position (in).................................................................................................................................................0
Amountof Slide Travel(in)...........................................................................................................................................................0
SlideIncrement(in)......................................................................................................................................................................0
DesiredSlide Position(in).........................................................................................................................................................0.0
Cab Size(829)................................................................................106
INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB
Sleeper(682)................................................................................................................................NO
SLEEPER BOX/SLEEPERCAB
Exhaust System (016) ........RH OUTBOARD UNDER STEP
MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY
WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE
Application Version 11.7.303 ® 05/26/2022 4:01 PM
Data Version PRL-26M.048
MY2023 Stock 20C L9 300 Page 15 of 23
Page 58 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone: 712-652-3396
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Bumper to Back of Cab (BBC)
105.3
Bumper to Centerline Df Front Ax I e (BA)
40.7
Front Axle to Back of Cab (AC)
55.6
Min. Cab tDBody Clearance (CB)
3.0
Back of Cab to Centerline of RearAxIe s)(CA)
142.1
Effective Back of Cab to Centerline of RearAxIe(s)(Effective CA)
139.1
Back of Cab Protrusions (Ex haustllntake) (CP)
2.0
Back of Cab Protrusions (Side ExtenderslTrim Tab) (CP)
0.0
Back of Cab Protrusions (CNG Tank)
0.0
Back of Cab Clearance (CL)
3.0
Back of Cab to End of Frame
237.6
Cab Height (CH)
67.9
Wheelbase (WB)
2D7.7
Frame Overhang (OH)
95.5
Overall Frame Length
342.2
Overall Length (OAL)
343.9
RearAxle Spacing
0.0
Unladen Frame Height at Centerline of Rear Axle
41.2
Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application
Engineering.
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
05/26/2022 4:01 PM
Page 16 of 23
Page 59 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
6
5
M
(D 4
3
2
1
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
OPERATING RANGE
6
s
i
4
3
i
2
_ 1
Des red Cruise Speed = 55.0
0 20
40 60 80 100
Vehicle Speed (MPH)
Model....................................................................................................................................................................................... M2106
Cab Size(829)................................................................................106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB
DesiredCruise Speed (mph)........................................................................................................................................................55.0
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
05/26/2022 4:01 PM
Page 17 of 23
Page 60 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Engine(101)....................................................
CUM L9 300 HP @ 2200 RPM, 2200 GOV RPM, 860 LB -FT @ 1200 RPM, REFUSE
RPMat Peak Torque.............................................................................................................................................................1200
GovernedRPM......................................................................................................................................................................2200
Transmission(342)......................................................ALLISON
3500 RIDS AUTOMATIC TRANSMISSION WITH PTO PROVISION
GearRatio: LL.........................................................................................................................................................................
N/A
GearRatio: L...........................................................................................................................................................................
N/A
GearRatio: 1..........................................................................................................................................................................4.59
GearRatio: 2..........................................................................................................................................................................2.25
GearRatio: 3..........................................................................................................................................................................1.54
GearRatio: 4...............................................................................................................................................................................1
GearRatio: 5..........................................................................................................................................................................0.75
GearRatio: 6..........................................................................................................................................................................0.65
GearRatio: 7...........................................................................................................................................................................
N/A
GearRatio: 8...........................................................................................................................................................................
N/A
GearRatio: 9...........................................................................................................................................................................
N/A
GearRatio: 10.........................................................................................................................................................................
N/A
GearRatio: 11.........................................................................................................................................................................
N/A
GearRatio: 12.........................................................................................................................................................................
N/A
GearRatio: 13.........................................................................................................................................................................
N/A
GearRatio: 14.........................................................................................................................................................................
N/A
GearRatio: 15.........................................................................................................................................................................
N/A
GearRatio: 16.........................................................................................................................................................................
N/A
GearRatio: 17.........................................................................................................................................................................
N/A
GearRatio: 18.........................................................................................................................................................................
N/A
Auxiliary Transmission(352)...........................................................................................................
NO AUXILIARY TRANSMISSION
LowGear Ratio........................................................................................................................................................................
N/A
HighGear Ratio.......................................................................................................................................................................
N/A
Transfer Case(373).........................................................................................................................................
NO TRANSFER CASE
LowGear Ratio........................................................................................................................................................................
N/A
HighGear Ratio.......................................................................................................................................................................
N/A
Rear Axle (420)................................................................................................
RS-23-161 23,000# R-SERIES SINGLE REAR AXLE
Numberof Speeds.......................................................................................................................................................................1
Rear Axle Gear Ratio(s)..........................................................................................................................5.63
REAR AXLE RATIO
Rear Tires (094)................................................................................
MICHELIN X MULTI D 11 R22.5 14 PLY RADIAL REAR TIRES
Revolutionsper Mile................................................................................................................................................................496
Application Version 11.7.303 ® 05/26/2022 4:01 PM
Data Version PRL-26M.048
MY2023 Stock 20C L9 300 Page 18 of 23
Page 61 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
1
4.59
5.53
r
25.84
0
10.3
2
2.25
5.03
12.67
11.5
21.0
3
1.54
5.63
8.67
16.7
30.7
4
1.00
5.63
5.63
25.8
47.3
5
0.75
5.63
4.22
34.4
63.0
6
1 0.651
5.631
3.661
39.71
72.7
Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application
Engineering.
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
05/26/2022 4:01 PM
Page 19 of 23
Page 62 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
I- TURNAONG RA
ling radius graphic and data provided strictly for comparisons
een model configurations. Weather, road surfaces, and tire
ids affect the results. It is strongly suggested that actual
7icles be measured before constructing any roadsldriveways
ngg this information. For specific figures regarding your
7figuration, please contact your CAE representative.
Dimensions Tolerance
Wall to Wall Diameter (ftj 57.4 +!- 3.0
Curb to Curb Diameter ft55.7 +f- 3.0
Turning Radius ft. 27.4 +/- 1.5
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Model.......................................................................................................................................................................................
M2106
Cab Size(829)................................................................................106
INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB
Wheelbase(545)..........................................................................................................................5275MM
(208 INCH) WHEELBASE
Front Tires(093)......................................................................................
MICHELIN XZE2 11 R22.5 14 PLY RADIAL FRONT TIRES
Width(in)................................................................................................................................................................................11.2
Front Axle(400)...............................................MFS-10-143A
10,000# FF1 71.5 INCH KPI/3.74 INCH DROP SINGLE FRONT AXLE
KingpinIntersection(in)..........................................................................................................................................................71.5
Bumper (556)...................................................
THREE-PIECE 14 INCH CHROMED STEEL BUMPER WITH COLLAPSIBLE ENDS
Width(in)................................................................................................................................................................................93.5
BumperMiter to Front Axle (in)...........................................................................................................................................
21.458
Primary Steering Location (003)..............................................................................................
LH PRIMARY STEERING LOCATION
Steering Gear(536).......................................................................................................................TRW
THP-60 POWER STEERING
DualSteering Gear..............................................................................................................................................................NONE
Ram.....................................................................................................................................................................................NONE
Rear Axle (420)................................................................................................
RS-23-161 23,000# R-SERIES SINGLE REAR AXLE
Axle Spacing (624)..............................................................................................................................................NO
AXLE SPACING
Application Version 11.7.303 ® 05/26/2022 4:01 PM
Data Version PRL-26M.048
MY2023 Stock 20C L9 300 Page 20 of 23
Page 63 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application
Engineering.
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
ILL FREIGHTLINER
05/26/2022 4:01 PM
Page 21 of 23
Page 64 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
OPE RATING SPEED
80
ao
= Desired Cruise Speed = 55.0
CL 47.3
a 40
_ 30.7
L
N
21.0
20
10.3
1 2 3 4
Rear Axle Ratio = 5.63
Gear
Engine RPM = 2200
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
72.7
63.0 ,
Model....................................................................................................................................................................................... M2106
Cab Size(829)................................................................................106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB
TopSpeed (mph)..........................................................................................................................................................................72.7
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
05/26/2022 4:01 PM
Page 22 of 23
Page 65 of 321
Prepared for:
SCRANTON MFG CO INC BB
101 STATE ST
SCRANTON, IA 51462
Phone:712-652-3396
Prepared by:
A j Mccaffrey
I -STATE TRUCK CENTER
4801 HARBOR DRIVE
SIOUX CITY, IA 51111
Phone: 712-252-2714
E-Mail:
Aj.McCaffrey@istatetruck.com
EngineRPM.............................................................................................................................................................................2200.0
DesiredCruise Speed (mph)........................................................................................................................................................55.0
Engine(101)....................................................
CUM L9 300 HP @ 2200 RPM, 2200 GOV RPM, 860 LB -FT @ 1200 RPM, REFUSE
GovernedRPM......................................................................................................................................................................2200
Transmission(342)......................................................ALLISON
3500 RIDS AUTOMATIC TRANSMISSION WITH PTO PROVISION
Rear Axle (420)................................................................................................
RS-23-161 23,000# R-SERIES SINGLE REAR AXLE
Numberof Speeds.......................................................................................................................................................................1
Rear Axle Gear Ratio(s)..........................................................................................................................5.63
REAR AXLE RATIO
Rear Tires (094)................................................................................
MICHELIN X MULTI D 11 R22.5 14 PLY RADIAL REAR TIRES
Revolutionsper Mile................................................................................................................................................................496
Auxiliary Transmission(352)...........................................................................................................
NO AUXILIARY TRANSMISSION
HighGear Ratio.......................................................................................................................................................................
N/A
LowGear Ratio........................................................................................................................................................................
N/A
Transfer Case(373).........................................................................................................................................
NO TRANSFER CASE
HighGear Ratio.......................................................................................................................................................................
N/A
LowGear Ratio........................................................................................................................................................................
N/A
1
4.591
• +
25.84 10.3
2
2.25
12.67 21.0
3
1.54
8.57 30.7
4
1.00
5.63 47.3
5
0.75
4.22 63.0
6
0.55
3.561 72.7
Desired Cruise Speed (mph)
Engine RPM 2-200
Rear Axle Ratio 5.53
*13lue background represents value input by user.
Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application
Engineering.
Application Version 11.7.303
Data Version PRL-26M.048
MY2023 Stock 20C L9 300
FREIGHTLINER
05/26/2022 4:01 PM
Page 23 of 23
Page 66 of 321
Quote Arkansas Municipal Equipment
14263 Highway 270 west
Poyen, Arkansas 72128
501 425 1567 ** danielellison@yahoo.com **
To: City Of Fayetteville AR
1525 S Happy Hollow RD QUOTE:#FAYARFLPB2023
Fayetteville AR 72701
Sourcewell Member# 34143 Date: March 1 st 2023
AR Dealer # M 8116 Sorucewell Contract # 112014-NWY
Qty Description Each Total
1.00
12023 Peterbilt 520
$
369,435.00
$
369,435.00
40yd New Way Mammoth
$
-
Per Bid Spec
$
-
Delivery Date 120-180 Days After Receitpt
$
Of Order
$
-
1.00
ATD Discount
$
(5,579.00)
$
(5,579.00)
1.00
5 Year 200,000 Engine & After treatment
$
4,250.00
$
4,250.00
1.00
5 Year Allison Transmsisson
$
1,755.00
$
1,755.00
1.00
2 Year Basic Service Peterbilt
$
2,005.00
$
2,005.00
1.00
5 Year Cylinder Warranty
$
4,175.00
$
4,175.00
1.00
5 Year Body Warranty
$
4,990.00
$
4,990.00
1.00
sweeper on canopy, TG Seal Extension,
$
8,654.00
$
8,654.00
Access Lader with prox, Caution decal,
$
-
Hyd Tank Heater and quick connetcts
$
-
Upgrade Joy Stick, Canopy Drain, lights for
packer, top door, acess door, Front cover
Daniel Ellison
Phone: 501 425 1567
Email: danielellison@yahoo.com
www.ametrucks.com
_
Subtotal
Sales tax
Freight
Total
$
-
$
-
$
389,685.00
$
389,685.00
Page 67 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
Quotes must include:
Purchasing Co-op name and contract number
Model numbers and pricing on roller and all attachments individually
Note any deviations to specifications
Contract name; Sourcewell
Contract # 112014-NWY
Chassis; Make / Model Peterbilt 520
Body; Make / Model New Way Mammoth
Thermal Insulation add -on (option) N/A
Soundproof Insulation add -on (option) N/A
Delivered Price each unit, $ X 1 = total $ 389,685.00
Calendar days from PO to delivery, 120-180 Days
Page 68 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
1
N
3.
GENERAL -
1.1 All unit(s) bid must meet or exceed the minimum requirements, or they will be
deemed incomplete and will not be considered for bid award. Yes
1.2 All specifications written are to minimums, unless otherwise noted. Yes
1.3 Damages of $100 per day, per vehicle will be assessed by the City to cover
additional costs of running older equipment, beginning on the first day following
the guaranteed delivery date and each day thereafter until full delivery is made.
1.4 The City of Fayetteville requires the frontload unit to pack on the go up to 20 mph
while going from stop to stop. Any pump protection /overspeed programming
needs to be set to allow the city to achieve the pack on the go feature for
productivity purposes.
1.5 Primary vendor will be responsible for all warranty issues. The primary vendor is
the one to whom the check is issued.Yes
MANUFACTURER/MODEL -
2.1 Unit(s) bid must be new and of the latest standard production model as offered for
commercial trade.
ITEM 1— DIESEL TRUCK CAB AND CHASSIS
3.1 ENGINE:
a. Y Cummins model ISL-370. 1250 ft Ibs of torque (if not this model please
include software and three years of updates plus training cost for 5 techs
within price of bid)
b. Y Six (6) cylinder in -line turbo -charged diesel with DEF system
C. Y 110 VAC engine block heater w/exterior plug mounted near driver's door
or in front bumper
d. Y OEM shutdown system for engine oil pressure and overheating of cooling
system equipped with a dash mounted "Engine Shutdown" light indicator
e. Y Heated fuel/water separator
f. Y Frame mounted vertical exhaust with heat diffuser to direct exhaust away
from cab and bed
g. Y Spin on Fuel, Water and Oil Filters mounted in such a manner for easy
accessibility
h. Y Trash guard to be mounted over Turbo Charger and all exposed exhaust
components
i. Y Engine to run on 20% Bio Diesel Fuel
Page 69 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
j. Y Compression type engine brake system
k. N Idle set to 6 minute shut off
3.2 TRANSMISSION / DRIVETRAIN:
a. X 6 speed Allison automatic model 4500 RDS 3000 RIDS
b. Y Auto neutral programming provided
C. Y Heavy duty drive shaft and u-joints
3.3 STEERING:
a. Y Hydraulic power steering
b. Y Standard steering wheel
C. Y Ergonomic/adjustable steering wheel position
d. Y Stops adjusted for maximum steering angle
3.4 BRAKES:
a. Y Air brakes w/18 cfm compressor. Compressor air intake shall be common
with engine air intake.
b. Y Bendix AD -IS heated air dryer mounted to outside of frame
C. Y Four (4) rear axle mounted spring actuated parking brakes
d. N Air disc brakes on all axles, Bendix or equal
e.�— Air tank drains to be run individually and run to driver side and installed in
a bank with petcocks for ease of Driver operation. Fleet will approve
location.
3.5 FRONT AXLE & SUSPENSION:
a. Y 20,000# axle capacity rating
b 20,000# leaf spring suspension
C. Double acting shock absorbers
3.6 REAR AXLES & SUSPENSION:
a. Y 46,000 Ibs rated suspension
b. Y Acceptable suspensions: Hendrickson HaulMaax HMX460 rubber
suspension. Axles are to have a minimum 54" spacing.
C. Y Eaton or Meritor tandem axles with a combined rating of 46,000 Ibs
d. IT Live tandem drive with power divider on front drive axle
e. Y Rear axles with differential lock controlled from cab
f. Y Ratio to provide no less than 60 mph nor more than 65 mph at governed
engine rpm
3.7 GROSS VEHICLE WEIGHT RATING:
a. Y 66,000 Pounds GVWR
Page 70 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
3.8 WHEELS/TIRES:
a. Y Front — (2) hub piloted bright unpolished aluminum disc wheels
b. Y Front — (2) Bridgestone or equivalent Goodyear, Firestone, Michelin;
Manufactures standard to meet weight of vehicle; Max Traction tread
tubeless steel belted radials.
C. Y Rear (8) hub piloted bright unpolished aluminum disc wheels
d. Y Rear — (8) Bridgestone or equivalent Goodyear, Firestone, Michelin;
Manufactures standard to meet weight of vehicle; Max Traction tread
tubeless steel belted radials.
3.9 ELECTRICAL SYSTEM:
a.
Y
12 volt, 160 amp alternator
b. Y_
Three (3) 12 volt sealed maintenance free batteries 2850 CCA minimum
C.
Y
Voltmeter
d.
Y
Engine oil pressure gauge
e.
Y
Coolant temperature gauge
f._y
Transmission temp gauge
g.
Fuel level gauge
h.
Y
M.P.H. speedometer
i.
Mileage odometer
j.
Intermittent windshield wipers w/electric washer pump and reservoir
k.
Y
Self -canceling turn signal switch
I.
Y
Lighting to comply with all state and federal regulations
m.
Y
All circuit loads shall be controlled by 2 post battery shut off located next
to battery box drivers' side.
n.
Y
A bodyjunction box will be located behind cab and will have the following
systems: marker lights, tail lights, right turn, left turn, stop lights, back-up
lights and back up horn. The box will have stud connections.
3.10 CAB:
a.
Y
Cab over engine
b.
Y
Tilt cab with hydraulic tilt and Air assist
C.
Y
Driver's high back air suspension seat
d.
Y
High back passenger seat
e.
Y
Seat belts for two (2)
f. — T
Fresh air heater and defroster
g.
Y
Factory installed air conditioning — must maintain 20 degree F.
temperature drop to 100 degree ambient temperature.
h.
Y
Dual sun visors
i.
Y
Dual west coast type mirrors, heated, motorized remote adjustable, with
three, 8" bolt on heated spot mirrors. 1 ea. above and below left side, 1
below mirror right side
j.
Y
Dual air horns
k.
Y
OEM installed AM/FM Radio
I.
Y
Tinted glass
Page 71 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
El
m. Y Roll down windows to bottom of window frame
n.Y Cab entry handle and safety step at each of the two (2) doors
o. Forward facing camera with recording device
3.11 FRAME:
a. Y Frame rails steel channel painted black, assembled with Huck fasteners.
b. Y Provision for front mounted, engine driven hydraulic pump
C. Y Successful vendor shall be responsible to coordinate chassis and body to
provide shortest wheelbase providing proper mounting and weight
distribution.
d. Y Frame and body combination shall not exceed 13' 6" maximum height
e. Y Painted steel front bumper
f. Y Two (2) tow hooks or single tow loop fully braced to the chassis frame
g. Y Successful vendor shall be responsible to coordinate chassis and body to
provide best location of frame mounted tanks and accessories.
3.12 FUELTANK:
a. Y Minimum Seventy five (75) gallon aluminum safety tank
b. Y Frame mount, right hand preferred
3.13 COLOR:
a. Y Exterior color —White Imron Elite Paint System
b. Interior color - Grey
ITEM 2—FRONTLOAD SOLID WASTE COLLECTION BODYSPECIFICATIONS -
4.1 BODY CAPACITY:
a. Y 40 cubic yard:
• Twelve cubic yard hopper
• Twenty-two cubic yard body
• Six cubic yard tailgate
b.Y To collect 26,000 pounds 3 times per day of Municipal solid waste
C. Height above frame 120" maximum
d. Y Maximum mounted height not to exceed 13' 6" overall height.
4.2 BODY CONSTRUCTION:
a. Y Packer body will have a two year warranty to include any defects in
materials and workmanship; sides, rails, top, tailgate frame, welds, seams,
plumbing and all Switches and Controls that work the body.
b. Y The structural integrity of the body shall allow high density loading of
26,000 Ibs three (3) times a day
C. N Body side walls shall be one piece, 3/16 inch Hardox 450, curved to
Y enhance strength 1/8 AR 400
d. Body Roof shall be one piece, 8 ga Hardox 450, curved to enhance
Page 72 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
strength
e. Y Body floor shall be one piece, 3/16 inch Hardox 450, curved to enhance
strength
f. Y Hopper side walls to be curved, one piece, 3/16 inch Hardox 450
g. Y Hopper floor to be one piece, % inch, Hardox 450
h. Y Hopper floor shall be strong enough to sustain drops of 8,000 lb. loads
i. X Hinged type access door on curb side to be 3/16" Hardox 450 Sliding Fiber Glass
j. X Access door 32"x 39"min. with interlock to cancel all hydraulic functions
Y when door is open. 32?x32"
k. Clean out sump, 18 gal capacity with sealed door on left side, with chute
so no garbage will fall on battery box, fuel tank or hydraulic tank when
cleaning out area.
I. Y Body long sills, 6 X 2 X %" of 50,000 psi steel
M. � Front bolsters are to be %" HSS tubing, 4" X 7"
n. �— Rear bolsters are to be %" 50W steel, 10 %" X 7 %"
o. Y Front wall of body shall be fenced with perforated steel and aluminum to
prevent material from falling on the engine, transmission and exhaust
system
p. Y Front wall side fences are to be 12 ga steel and center fence to be 1/8"
aluminum
q. Y Safety grip ladder with fold down step mounted right side for access to
body roof. Install a safety cut off system to disable hydraulic system when
ladder is down.
r. Y Ladder must not extend more than 6' above body
S. Y Mud flaps in front and rear of the tandem axles (No advertisement logos).
t. Y Entire body must be completely cleaned (ex. dirt, oil, slag, etc...) prior to
priming. Body will have no skip welding.
U. Y Body to be primed with Imron Elite and final color to be White Imron Elite
with final finish baked on.
4.3 REA� TAILGATE:
a. Hydraulically operated bustle type tailgate with automatic lock mechanism
including roller on lock pins to avoid friction wear.
b. Y Rubber seal at bottom to height of 42" shall form water tight seal
C. Y No vertical movement of tailgate against seal while opening
d. Y Greaseable hinge pins with fittings and hoses to allow daily maintenance
from ground level
e. Y Tailgate rear wall shall be one piece 8 ga Hardox 450 with 175,000 lb. yield
strength
f. Tailgate sides shall be 10 ga with 80,000 lb. yield strength.
g. Tailgate shall be operated by cab mounted rocker switch with lockout to
prevent accidental activation
h. Y Cab mounted warning light and audible alarm shall warn of unlocked
tailgate
Page 73 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
i. Y Tailgate shall be lifted by two hydraulic cylinders with flow restrictors to
limit sudden decent
j. Y Approved under ride guard bolted to bottom of door to be clear of refuse
during load ejection
k. Y Tailgate will have a two (2) year warranty to include; locks, hinges and
structure
I. Y Tailgate safety prop shall be provided
4.4 PACVR BLADE:
a. Shall fully eject material to rear edge of body floor
b. Y Shall be plow shape to improve compaction and redirect material to limit
overflow behind packer.
C. Y Shall have 12" shelf on top rear of packer blade with wiper mounted on
front body framework to redirect material into hopper and limit overflow
behind packer.
d. Y Upper packer face shall be 8 ga. Hardox 450
e. Y Lower packer face plate %" Hardox 450
f. Y Packer blade is full height and reinforced with a combination of structural
members for maximum rigidity
g. Y Maximum packing cycle 20 seconds
h. Y Compaction shall be accomplished by two (2) double acting hydraulic
cylinders
i. Y Packer cylinder rods to be Nitrated with shavers to protect cylinders and
seals
j. Y Packer cylinder attached with 2 %" pins, made of CR1045 steel
k.— Cylinder pins attached with split type blocks, bolted for easy service and
maintenance
I. Y Packer rail made of 3/8" Hardox 500 with chromium overlay
M. Y Lower packer wear shoes of 3/8" Chromium Carbide
n. Y Side wear shoes 3/" thick, 50W steel
o.Y Upper wear shoes 3/16" thick, 50W steel
P. Packer will operate with 2750 psi max hydraulic pressure
q. Y The packer blade shall have a two year warranty
4.5 HOPPER DOOR:
a. Y Top hopper loading area opening shall be 80 X 92 inches
b. Y Top door shall be curved 10 ga material and slide horizontally to open
C. Y Hopper door activated by one double acting cylinder with 92 inch stroke
d. Y Hopper door cycle time = 11 seconds
e. Y Hopper to be designed to accommodate two (2) cubic yard through eight
Y (8) cubic yard containers
f. The hopper cylinder support shall be located away from lids opening while
being dumped
Page 74 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
g. Y Operation shall be accomplished by a toggle switch in the cab
h. Y The hopper door shall have a two year warranty
4.6 CAB PROTECTOR:
a. Y Full width cab protector shall fully cover cab and prevent dripping onto
windshield, sides or doors. Shall have gutter system to return refuse
liquids inside hoper and keep cab clean. Folding extension to allow cab to
be tilted without raising body.
b. Y Cab protector shall be made of 12 ga steel
C. Y Cab protector shall have a curved shape to allow use of canopy sweeper
to sweep material on top of protector back into the hopper
d. Y Two (2) LED work lights mounted under cab protector, to illuminate
containers and contents while on the ground
4.7 HYDRAULIC SYSTEM:
a. Y Reservoir working capacity shall be 50 gallons, recommended frame
mounted opposite side of fuel tank with a male (Parker H6-63) and female
(Parker H6-62) quick disconnect to allow filtering of oil
b. Y Reservoir shall have sight gauge for oil level and temperature installed in
such a manner for easy viewing and away from battery box
C. Y Shut off valve to service system without draining, check valve installed in
Y return line and magnetic drain plug
d. Suction line strainer is 100 mesh (140 Micron)
e. Y Replaceable cartridge type return filter, mounted in tank, with 7 micron
nominal rating and filter indicator.
f. Y All hoses shall be double wire braid with crimped fittings and nylon wrap
to prevent chafing. NO push lock hoses with clamps allowed.
g. Y Hydraulic tubing to be used where flexibility is not needed
h. Y All hydraulic tubing to be securely clamped to prevent vibration, abrasion
and excessive noise.
i. Y System shall be capable of continuous operation at 110 F. degrees
ambient temperature without use of external coolers
j. Y Hydraulic system relief pressure, 2750 PSI
k. Y Quick disconnect fittings installed at test ports for hydraulic testing
I. Y No slip-on hose permitted within the hydraulic system.
M. Hydraulic system must be fully functional at speeds up to 30 mph to allow
packer to sweep refuse from hopper while moving to next container.
n. Y Automatically advance throttle with PTO on and transmission in neutral.
o. Y Hydraulic system must maintain flow to tank to prevent overheating of
hydraulic pump
p. Y Independent light on dash to show pump is engaged
q. Y Front mounted, engine driven Hydraulic pump
r. N Hydraulic valves and main electronics will be located within reach of
technicians while standing on the ground or sitting within cab.
Page 75 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
4.8 SERVICE LIFT:
a. Y An independent 12 volt electric driven hydraulic pump and reservoir shall
be provided to lift body 30" for ease of servicing
b. Y Controls located on service hoist with safety lock to prevent accidental
activation
C. Y Pressure relief valve to protect hydraulic lift system
d. Body shall be securely mounted with a pivot hinge at rear of chassis
frame. Guides shall be provided at front of body to securely align body to
chassis frame.
e. Y Double cylinders shall be capable of lifting fully loaded body.
f. —� Safety support stands on each side of chassis for servicing under the body,
Y must support fully loaded body
g. Spring loaded lock to keep support stands in place while not in use
4.9 LIFT ARMS / FORKS:
a. Y Lifting mechanism will have a minimum lifting capacity of 8,000 lbs.
b. Y Lift arms must be structurally capable of lifting 10,000 lbs.
C. Y Lift arms shall not touch ground when lowered
d. Y Arms must be of the bolt on type
e.—� Torque tube (arm) will be 5/8" thick and 4 %" diameter
f. Y Torque tube supported on each side by two support bearings. Contacts
are grease lubricated steel on steel
g. Y Arms will come with a full two (2) year warranty
h. Y Lift arms will be operated by two hydraulic cylinders
i. N Full speed dump cycle to be complete while truck is in idle
j. Y Dock style bumpers installed on each side of body in addition to hydraulic
deceleration valve to cushion lifting action
k. Y Lift arms shall not obstruct cab doors at any point of lift cycle
I. Y Forks will be operated by two hydraulic cylinders
m. Y Heavy duty forks, 1 %Z" thick with 100,000 lbs yield strength
n. Y Forks to be 56" long with 75 %" inside width
o. Y Fork torque tube %" thick and 3 %" diameter made of HSS tubing
P. Y Rubber bumpers mounted to torque tube to cushion containers, 2 thru 8
cubic yard
q. Y Canopy sweeper to be mounted on horizontal tube of lift arms to sweep
material into hopper that has fallen onto canopy.
4.10 CONTROLS / INTERLOCK / WARNING:
a. Y Forks & arms shall be controlled by four function joy stick control (no auto
dump)
b. Y Push buttons on joystick for auto pack, sweep and retract.
C. Y Tailgate is activated by an electric rocker switch
d. Y Top door is activated by an electric rocker switch
Page 76 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
e. Y Packer is activated by electric push buttons. Must be color coded and
Y include pack, retract, and emergency stop
f. Limits & interlocks shall be controlled by proximity type switches
g. Y Safety interlock shall prevent arm movement if top door is not fully open
h. Y Arms will not move above canopy when packer panel is not in home
position
i. Y Eject system shall operate only when rear door is fully open and console
Y safety button is held down by operator
j. Hydraulic pump shall not operate when body access door is open
k. Y Warning light and buzzer shall warn when tailgate is not fully closed and
locked
I. , Warning light when the top door is open
M. Warning light when packer panel is not in home position
n. �— Warning light when access door is open
o. Y Emergency stop button will stop all body functions
4.11 LUBRICATION:
a. Y All body hinges, cylinder rod ends, cylinder base, trunnion and pivot points
shall be supplied with grease fittings
b. Y Centralized grease block by access door for packer cylinder pins
c. Y All lube points will be accessible to driver while standing on ground
4.12 ELECTRICAL:
a. Y Proximity switches are to be protected by stainless steel covers
b. Y Body operated by multiplex control system, one master module and
several slave modules
C. Y Master module to control all functions and monitor conditions of lesser
modules
d. Y Each module to be dedicated to specific functions in its area
e. Y In cab display shows real time system status and integrated functions
f. Y Multiplex J1939 network communication with engine and transmission to
provide information like; selected gear, current gear, road speed, engine
RPM
g. YMultiplex system provides 1/0 status of body features for trouble shooting
and safety; Packer, top door, tailgate, access door, arms/forks
h. Y Multiplex system allows overriding of electronic protections in case of
emergency
i. Y Multiplex provides flexibility for additional functions and interlocks
j. Y System modules outputs are electronically protected against overloads
4.13 BODY LIGHTING:
a. Y Lighting shall comply with requirements of FMVSS#108
b. Y Two (2) red 4.0" LED brake/marker lights, two (2) red 4.0" LED
turn/marker lights and two (2) 4.0" white LED reverse lights shall be
Page 77 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
rubber grommet mounted in the rear of the body tailgate under ride
structure
C. X Two (2) red 4.0" LED brake/marker lights and two (2) amber 4.0" LED
turn/marker lights shall be rubber grommet mounted in the top rear of
the body tailgate
d. X Rubber grommet mounted LED side marker lights
e. X Rubber grommet mounted LED turn signal mounted low near middle of
body
f. X All wiring shall be in protective conduit or loom
g. X All wiring connections shall have permanent waterproof connectors.
"Scotch -Lock" or other non -water tight connectors are unacceptable.
h. X 80 dba backup alarm located rear cross frame of vehicle and one upper
tailgate built with shield for protection from tree limbs
i. X One amber strobe light mounted center portion of tailgate bustle,
Y operated by dash mounted rocker switch
j. LED flood light mounted low on each side of body, activated with backup
light
k. Y Two LED flood light lights mounted upper portion of tailgate to shine
y down and rearward, activated with backup lights.
I. Safety Vision 5.5" color camera system or approved equal video monitor
with rear mounted camera shall provide clear view to rear of truck when
backing
M. Y Additional camera in hopper area to view packer function and refuse
coming over top. May use same monitor as backup camera system.
n. Y Light mounted inside body to illuminate packer blade area. Light mounted
to left side mirror bracket to illuminate container in lifted and dump
position. These lights to work by turning on and off a switch mounted on
Y dash.
o. NO exposed electrical lines or valves on the roof
4.14 MISCELLANEOUS:
a. Y One (1) tool box to be 20" long x 14" deep mounted horizontally to frame
and door must open down toward the ground. Door must have safety
Y chain on each side of door. Tool box must be mounted to frame.
b. One (1) Heavy Duty fire extinguisher bracket and 20 lb. ABC fire
extinguisher to be mounted to body.
C. Y Broom and shovel kit installed on back side of packer panel
d. Y All body lights are to be LED
e. Y A Decal 24"x 75" to read "Caution vehicle stops often and backs
frequently". Part # 99-045-dv will be mounted on the lower half of tail
gate
Page 78 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
5. WARRANTY. circle Yes or No (no exception or interpreta tion)
5.1 XYes No Cab and chassis will be warranted for 3 years/150,000 miles or the
manufacturer's standard warranty, whichever is greater.
5.2 des No Allison transmission shall be warranted for five (5) years
5.3 Y Yes No Engine to include injectors, turbo, DEF system and drive axles shall be
warranted for 5 five years/ 200,000 miles or the manufacturer's standard warranty,
whichever is greater.
5.4 Y Yes No Refuse Body, Accessories, Paint and Installation will be warranted for 2
years or the manufacturer's standard warranty, whichever is greater.
5.5 Y Yes No Drive axle components shall be warranted to five (5) years/200,000 miles
or the manufacturer's standard warranty, whichever is greater.
5.6 Y Yes No Refuse body Hydraulic Pump, hydraulic cylinders and valves shall be
warranted for three (3) years. Successful vendor shall maintain one of each cylinder
in stock at City of Fayetteville and authorize the City to perform warranty exchange
with reimbursement of reasonable shop labor costs.
5.7 Y Yes No Warranty shall include all parts, labor, and transportation to the location
of the warranty administrator. Warranty does not cover next day air shipping
5.8 yYes No Successful vendor shall be responsible for warranty administration of
entire unit.
5.9 Each unit shall be delivered with the following warranty documents which shall be
placed into effect upon the first day of final acceptance of each unit:
a. Y Manufacturer's warranty which shall be honored at any local manufacturer -
authorized dealership.
b. Y Manufacturer's warranty shall be provided for each supplemental unit
mounted on and delivered with each primary unit.
C. Y Enter a yes or no on each warranty line (5.1-5.8). Do Not supply warranty
papers for us to interpret whether you meet or not! If a simple yes or no is
not chosen, your bid will be disqualified as incomplete.
6. STANDARDS -
6.1 Each unit shall meet or exceed the following applicable standards.
a. Y Environmental Protection Agency's Exhaust Emission Standards (EPA).
Page 79 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
b. Y Occupational Safety and Health Administration Standards (OSHA).
C. Y Arkansas State Highway Commission Regulations regarding vehicle
markings, lighting and reflectors
7. DELIVERY/DOCUMENTATION -
7.1 All units are to be delivered F.O.B. to the City's Fleet Operations facility, located at
1525 S. Happy Hollow Road, Fayetteville, Arkansas 72701, for compliance review and
final acceptance
7.2 Delivery shall include the following documents as a minimum:
a. Y Manufacturer's Certificate of Origin
b. Y Odometer statement
C. Y Dealer invoice
d. Y A complete list with part numbers of all service filters and other regular
preventive maintenance supplies.
7.3 Units must be fully assembled, serviced, and ready for operation as delivered. Yes
8. MANUALS -
8.1 The successful bidder agrees to furnish one (1) set each of the following list of
manuals:
a. Y Operator's Manual (1 file copy plus one (1) copy for each machine
purchased)
b. Y Service Manual (Paper, CD, or DVD format)
C. Y Parts Manual (Paper, CD, or DVD format)
8.2 Payment(s) may be held until all manuals and certifications are delivered to the City
of Fayetteville Fleet Operations Division. OK
9. TRAINING -
9.1 Training quoted below shall be arranged through Fleet Operations for both, operators
and technicians, by a qualified instructor at a location designated and provided by the
City.
a. Y Operator Training (REQUIRED) - This training shall include proper operating
techniques and daily maintenance including lubrication, inspection of fluid
checks and adjustments. This training shall be designed to instruct qualified
vehicle operators.
b. Y Maintenance Training (REQUIRED) - This training shall be designed to
instruct qualified mechanics in techniques and procedures that are needed
Page 80 of 321
FRONT LOAD REFUSE COLLECTION TRUCK
to understand the repair and maintenance of new unit model supplied. The
factory shall provide 8 hours of training to the City of Fayetteville techs in a
class room and shop environment.
10. 5UPPORT5ERVICE5-
10.1 Repair Parts Inventory - stock of standard repair parts for units bid must be available
to the City of Fayetteville within twenty-four (24) hours of part(s) requested. Parts
inventory availability will be considered in the purchasing decision.
10.2 Maintenance Service - Fully trained maintenance personnel shall be available for
service within twenty-four (24) hours of repair requests. This shall include warranty
service. Availability of maintenance personnel and facilities will be considered in the
purchasing decision. Name and address of authorized repair facility for body and
chassis must be included with bid. A fee of 100.00 per day can be accessed if a
Warranty repair is not completed within (3) three days upon notification of a
warranty repair being needed.
10.3 Body Warranty repairs will be performed by a fully trained dealer. The City of
Fayetteville wishes to become the Warranty Dealer for the repairs and will work out
terms with Manufacturer before bid is awarded.
The vehicle and body that is bid must be available if requested for a (3) day Demo by
the City of Fayetteville.
We do not currently have a demo avaiable
Page 81 of 321
Addendum to Quote and Specification Sheet with Arkansas Municipal
Equipment, Inc. for the Purchase of One (1) Rear Loading
Trash Truck and One (1) Front Loading Trash Truck
This addendum, between the City of Fayetteville and Arkansas Municipal Equipment, Inc.,
shall be attached to and incorporated in the quote and specifications sheet for the purchase of one (1)
rear loading trash truck and one (1) front loading trash truck.
AME shall deliver the rear loading trash truck no later than ten (10) days from the date
of issuance of the purchase order.
2. AME shall deliver the front loading trash truck no later than one hundred eighty (180)
days from the date of issuance of the purchase order.
3. Liquidated damages in the amount of $100 per day, per vehicle will be assessed
beginning on the day following the guaranteed delivery date and each day thereafter until the new
vehicles have been delivered to the City.
4. Alternatively, if delivery of any vehicle is not accomplished within the time period
established above, City shall have the option to cancel the order and terminate the contract with
respect to the future purchase or delivery of any new truck.
5. This Addendum shall not serve to modify any other term or condition contained in the
quote or specifications sheet not expressly modified herein.
ARKANSAS MUNICIPAL EQUIPMENT, INC. CITY OF FAYETTEVILLE, ARKANSAS
IN
DANIEL ELLISON, President
Date: 03*13*2023
LIONELD JORDAN, Mayor
ATTEST:
KARA PAXTON, City Clerk -Treasurer
Date:
Page 82 of 321
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
CITY COUNCIL MEMO
2023-543
TO: Mayor Jordan and City Council
THRU: Paul Becker, Chief Financial Officer
FROM: Cheryl Partain, Utilities Financial Services Mgr
DATE: March 15, 2023
SUBJECT: Amendment to Resolution 132-22 — Mailing Services Contract with DFI Technologies,
Inc.
RECOMMENDATION:
Staff recommends amending the contract with DFI Technologies, Inc. for mail processing for the City of
Fayetteville as outlined in Resolution 132-22 to include the purchase and warehousing of envelopes for mailing
and returning Utility Bills for up to $42,037.00 in 2023 and to include the envelopes in the scope for the
duration of the contract.
BACKGROUND:
City Council awarded DFI Technologies, Inc. Bid 22-33 In June of 2022. Envelopes were not included in that
bid. Through an annual quote process, DFI Technologies, Inc. is the lowest quote.
DISCUSSION:
Through an annual informal quote process, DFI Technologies Inc. was the lowest bidder. They have been
awarded the annual quote for the last three years. In order to expedite and streamline the process, staff
recommends adding purchases and warehousing of envelopes from DFI Technologies, Inc. for the duration of
their contract. Envelopes and warehousing will be included into the mailing services solicitation going forward.
BUDGET/STAFF IMPACT:
Budgeted funds are available in the Water/Sewer Fund - Utilities Financial Service Division operational budget
to cover the cost. Anticipated cost of the 2 types of envelopes will not exceed budgeted amounts for 2023.
ATTACHMENTS: SRF - DFI Amendment 1 - Revised, DFI Contract Amendment 1 132-22 - Signed, DFI Bid -
Envelopes, Resolution 132-22
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 83 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-543
Amendment to Resolution 132-22 — Mailing Services Contract with DFI Technologies, Inc.
A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH DFI
TECHNOLOGIES, INC. TO PROVIDE FOR THE PURCHASE AND WAREHOUSING OF
ENVELOPES IN AN AMOUNT NOT TO EXCEED $42,037.00 IN 2023
WHEREAS, on June 7th, 2022 the City Council approved Resolution 132-22 authorizing a contract
with DFI Technologies, Inc. for mailing services; and
WHEREAS, to expedite and streamline the mailing process, staff recommends amending the contract to
include the purchase and warehousing of envelopes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an Amendment
to the contract with DFI Technologies, Inc., a copy of which is attached to this Resolution, to provide for
the purchase and warehousing of envelopes in an amount not to exceed $42,037.00 in 2023.
Page 1
Page 84 of 321
Cheryl Partain
Submitted By
City of Fayetteville Staff Review Form
2023-543
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/8/2023 UTILITIES FINANCIAL SVCS (710)
Submitted Date Division / Department
Action Recommendation:
Staff recommends amending the contract with DFI Technologies, Inc. for mail processing for the City of Fayetteville
as outlined in Resolution 132-22 to include the purchase and warehousing of envelopes for mailing and returning
Utility Bills for up to $42,037.00 in 2023 and to include the envelopes in the scope for the duration of the contract.
Budget Impact:
5400.710.1810-5200.00
Water/Sewer
Account Number
Fund
N/A
N/A
Project Number
Project Title
Budgeted Item? Yes
Total Amended Budget
$ 50,000.00
Expenses (Actual+Encum)
$ 2,782.40
Available Budget
$ 47,217.60
Does item have a direct cost? Yes
Item Cost
$ 42,037.00
Is a Budget Adjustment attached? No
Budget Adjustment
$ -
Remaining Budget
5,180.60
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 132-22
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Page 85 of 321
City of Fayetteville
Contract Amendment #1
Mailing Services Contract — Resolution 132-22
This Amendment #1 executed this tTV
o day of H 2O23, between the City of Fayetteville, Arkansas,
and DFI Technologies, Inc. In consideration of the mutual covenants contained herein, the parties agree to amend
their contract of June 7, 2022 as follows:
1. DFI Technologies, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery,
equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services
necessary to complete items bid per DFI Technologies, Inc's quote and in accordance with specifications
attached hereto and made a part hereof.
2. The City of Fayetteville shall pay DFI Technologies, Inc. based on their bid proposal in an amount not to
exceed that which was quoted. Payments will be made after approval and acceptance of work and
submission of invoice. Payments will be made approximately 30 days after receipt of invoice.
3. The Contract documents which comprise and are incorporated into the contract between the City of
Fayetteville and DFI Technologies, Inc. shall include this Amendment and the Quote from Mike Emis to
the City of Fayetteville, AR received November 23, 2022, a copy of which attached to this Amendment.
4. Prices shall only be increased with written justification acceptable to the City that DFI Technologies, Inc
received an increase from its suppliers, and the increase to the City shall not exceed that which was given
to DFI Technologies, Inc. from its supplier.
5. The parties agree and understand that this Amendment is supplemental to their Contract of June 7, 2022,
and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not
expressly addressed herein.
6. This Amendment shall become effective as of the date of the last signature below.
DFI TECHNOLOGIES, IN .
By:
Jay Hay ard, Pre dent
WITNESS:
By:
Mike Emis
Date Signed.
City of Fayetteville, AR
Amendment #1: Resolution 132-22
Page 1 of 1
CITY OF FAYETTEVILLE, ARKANSAS
Los
LIONELD JORDAN, Mayor
ATTEST:
KARA PAXTON, City Clerk -Treasurer
Date Signed:
Page 86 of 321
From: Mike Emis <memis@dTimail.corn3
Sent: Wednesday, November 23, 2022 9:13 AM
To: Heard, April {aheard@fayettevdIe-ar.gov5
Cc: jennifer@dfirnail.com
Subject: RE: Request for bid on white and blue envelopes
750,000 10 window envelopes: $26.54M
750.000 4 return envelopes: $24.53AA
These would be manufactured the third week of March 2023.
Option is Double window #10 envelopes $75.00M
Option 2; Single window #10 envelopes $81.24AA ( these would be ordered 25,000 per order) max order I can place in each order
Thanks,
Mike E LS
WM J DATA
J■ FORMS,
1NC.
947 N Main
Fayetteville, Aft 72701
479-443-0099
Direct line: 479-695-8250
For Fromationai Products see our web pQge: www.dataforrns.espwebsite.DorTY
Paper informs us, persrkades us, educates us and organizes as, it's OK to use paper.
Page 87 of 321
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 132-22
File Number: 2022-0435
BID #22-33 DFI TECHNOLOGIES, INC.:
A RESOLUTION TO AWARD BID NO.22-33 AND APPROVE A ONE YEAR CONTRACT
WITH DFI TECHNOLOGIES, INC. FOR MAILING SERVICES AT AN APPROXIMATE
COST OF $368,115.60 WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL
ONE YEAR TERMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 22-33
and approves a one year contract with DFI Technologies, Inc. for mailing services at an approximate
cost of $368,115.60, with the actual cost dependent upon the volume of mailings, with automatic
renewals for up to four additional one year terms.
PASSED and APPROVED on 6/7/2022
A pp ro-*rVd : Attest:
' ��{1111�l►►p
T
Rom' •,
Pad
Lioneld Jordan, y Kara Paxton, City Cleric Treasurer ;FAYETTEV11 LE:�
f��►e 1G TOii►%N%�.
Page 1 Printed on 8/8122
Page 88 of 321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 7, 2022
TO: Mayor and City Council
THRU: Paul Becker, Chief Financial Officer
CITY COUNCIL MEMO
FROM: Cheryl Partain, Utilities Financial Services Manager
DATE: May 13, 2022
SUBJECT: Approval of a service contract with DFI Technologies, Inc. for Mailing
Services for the City of Fayetteville — Prices detailed Per Bid 22-33
RECOMMENDATION:
City Administration recommends approval of the resolution and contract awarding to DFI
Technologies, Inc. for mail processing for the City of Fayetteville for a period of one (1) year with
an option for four (4) automatic annual renewals for a total possible contract term of five (5)
years based on the prices detailed in Bid 22-33.
BACKGROUND:
The City of Fayetteville has had a mailing service for over 30 years. Utilizing a mailing service
is a cost savings to the City. The mailing service picks up the City's mail from the US Post
Office and has the mail delivered before 9:00 am every morning Monday through Friday. The
mailing service picks up City mail twice a day to mail. They pick up utility bills, final utility bills,
and delinquency notices and fold and stuffs bills/notices with return envelopes when needed in
envelopes and mails for the City. They also pick up, seal, and mail any other mail that other
City Divisions need mailed out.
DISCUSSION:
Contract costs for mailing services include: Pickup and delivery of mail, folding and putting into
envelopes utility bills, final bills, utility delinquency notices, employee retirement & savings
statements, arrest warrants, parking management statements along with return envelopes,
sorting, barcoding on envelopes and postage. DFI Technologies, Inc. was the lowest bidder for
the mailing services.
The bids came in as follows:
DFI Technologies, Inc. $368,115.60
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 89 of 321
BUDGET/STAFF IMPACT:
Budgeted funds are available in the Water & Sewer — Utilities Financial Services Division
operational budget. At this time, it is anticipated that costs will not exceed budgeted amounts
for 2022.
Attachments:
Signed Contract
Bid Tabulation
Bid Submittal — DFI Technologies, Inc.
Page 90 o?321
CITY OF City of Fayetteville, AR
FAY E T T E V I L L E Contract for: Mailing Services
' A R KA N S A S Contractor/Vendor: DFI Technologies, Inc.
Term: One year with four one-year renewals
This contract executed this day of 2022, between the City of Fayetteville, Arkansas, and DFI
Technologies, Inc. . In consideration of
the mutual covenants contained herein, the parties agree as follows
1. DFI Technologies, Inc, at its own cost and expense shall furnish all labor, materials, supplies, machinery,
equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services
necessary to complete items bid per Bid 22-33 as stated in DFI Technologies, Inc. bid proposal, and in
accordance with specifications attached hereto and made a part hereof under Bid 22-33, all included
herein as if spelled out word for word.
2. The City of Fayetteville shall pay DFI Technolo Les Inc, based on their bid proposal in an amount not to
exceed prices presented in Bid 22-33 with the exception of postage rates. Increase in postage rates will
be allowed in the event rates are increased by the United States Postal Service (USPS). Increase in postage
rates allowed shall be equal to the increase by the USPS. Payments will be made after approval and
acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt
of invoice.
3. The Contract documents which comprise the contract between the City of Fayetteville and DFI
Technologies, Inc. consist of this Contract and the following documents attached hereto, and made a
part hereof:
A. Bid form identified as Invitation to Bid 22-33 with the specifications and conditions typed thereon.
B. DFI Technologies, Inc. bid proposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville and DFI
Technologies, Inc._ and may be modified only by a duly executed written instrument signed by the City of
Fayetteville and DFI Technologies, Inc..
5. DFI Technologies, Inc. shall not assign its duties under the terms of this agreement.
6. DFI Technologies, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of
Fayetteville, against any and all claims for property damage, personal injury or death, arising from DFI
Technologies, Inc. performance of this contract. This clause shall not in anyform or manner be construed
to waive that tort immunity set forth under Arkansas Law.
7. DFI Technologies, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville,
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 1 of 3
Page 91 of 321
showing that he carries the following insurance which shall be maintained throughout the term of the
Contract. Any work sublet; the contractor shall require the subcontractor similarly to provide worker's
compensation insurance. In case any employee engaged in work on the project under this contract is not
protected under Worker's Compensation Insurance, DFI Technologies, Inc. shall provide and shall cause
each Subcontractor to provide adequate employer's liability insurance for the protection of such of his
employees as are not otherwise protected. The premiums for all insurance and the bond required herein
shall be paid by DFI Technologies, Inc..
Workmen's Compensation
Comprehensive General &
Automobile Insurance
Bodily Injury Liability
Property Damage Liability
Statutory Amount
$500,000 for each person injured.
$1,000,000 for each accident.
$1,000,000 aggregate.
8. DFI Technologies, Inc. shall furnish proof of licensure as required by all local and state agencies.
9. This contract may be terminated by the City of Fayetteville or DFI Technologies, Inc. with 30 calendar days
written notice.
10. This contract shall be effective from one year of the date of signed contract. The City reserves the right
to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be
automatic unless either DFI Technologies, Inc. or the City notifies the other of its intent to terminate the
contract at the end of the contract period.
a. Projects exceeding $35,000 will require additional approval from the Fayetteville City Council.
11. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs
pursuant to the FOIA may be assessed for this compliance.
12. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this
contract shall not be allowed without a prior formal contract amendment approved by the Mayor and
the Fayetteville City Council in advance of the change in scope, cost or fees.
13. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with
Arkansas law applying to the case.
14. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute.
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 2 of 3
Page 92 of 321
15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or
penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted
invoice.
WITNESS OUR HANDS THIS _DAY OF 2022.
CONTRACTOR NAME
By:
Signature- '
Jay Hayward
Printed Contractor Name & Title
ATTEST (Signature)
Mike Emis
Company Secretary (Printed Name)
Business Address
947 N Main,- Fayetteville, AR 72701
City, State & Zip Code
Date Signed: 05/21/2022 ___
CIT1
i�TR+rrrr
00
tip` �,.•�y OF • �':
,.
ATTEST: (Sign Lure); FAy��Ev��lL '
kxrJC6�_
3
Kara Paxton, City Clerk, Treasurer `•�9S `• •A•'G*'
�lirjiNG T11111i�0+t'►►
Date Signed: 0 6 fzooL
Page 93 of 321
CITY OF
FNSA VILLE
ARKAKANSAS
BID TABULATION
Bid 22-33, Mailing Services
DEADLINE: Wednesday, April 13, 2022 at 2:00 PM
DFI Technologies, Inc.
Total Price
$368,115.60
Line # Description CITY UOM Unit
Total
Section A: Utility Bills
1.1
Monthly Bill
385000
EA
$0.448 $172,480.00
1.2
Shut Off / Past Due
110000
EA
$0.438 $48,180.00
1.3
Bank Draft
185000
EA
$0.438 $81,030.00
1.4
Final Bill
25000
EA
$0.438 $10,950.00
1.5
Collection Letter
7500
EA
$0.438 $3,285.00
Section B: Standard Monthly Services
2.1
Employee Retirement Savings Statements
2500
EA
$0.470 $1,175.00
2.2
Arrest Warrants
6000
EA
$0.448 $2,688.00
2.3
Parking Management
6000
EA
$0.448 $2,688.00
2.4
Sex Offender Mail -Outs
2500
EA
$0.448 $1,120.00
2.5
Accounts Receivable Statements
2700
EA
$0.448 $1,209.60
Section C: Daily Mail Other Services
3.1
0-2 oz. Letter (Price Per Each)
45000
EA
$0.448 $20,160.00
3.2
Inserts
85000
EA
$0.010 $850.00
3.3
0-2 oz. Certified With Return Receipt Letter
1500
EA
$7.400 $11,100.00
3.4
Courier Fee - Price Per Day
252
EA
$0.000 $0.00
3.5
Postage - All Other Mail
25000
EA
$0.448 $11,200.00
* NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
*** DFI Technologies included the following notes with their submittal. The Bid
Tabulation has been edited to reflect these notes:
1.1 Actual price $0.448 - Your system automatically rounds the price up.
1.2 Actual price $0.438 - Your system automatically rounds the price up.
1.3 Actual price $0.438 - Your system automatically rounds the price up.
1.4 Actual price $0.438 - Your system automatically rounds the price up.
1.5 Actual price $0.438 - Your system automatically rounds the price up.
2.2 Actual price $0.448 - Your system automatically rounds the price up.
2.3 Actual price $0.448 - Your system automatically rounds the price up.
2.4 Actual price $0.448 - Your system automatically rounds the price up.
2.5 Actual price $0.448 - Your system automatically rounds the price up.
3.1 Actual price $0.448 - Your system automatically rounds the price up.
3.5 Actual price $0.448 - Your system automatically rounds the price up.
Amara,Ja pe�IfuSS Digitally signed by Amanda Beilfuss
U D Date: 2022.04.15 09:52:53-05'00'
Amanda geilfu Purchasing Agent
Andrea Digitally signed by
Andrea Foren
Date: 2022.04.25
Foren
17:50:49-05'00'
Andrea Foren, Purchasing Manager
Page 94 of 321
CITY OF
V FAYEiTEVILLE
ARKANSAS
Bid 22-33
DFI Technologies, Inc.
Supplier Response
Event Information
Number: Bid 22-33
Title: Bid 22-33, Mailing Services
Type: Invitation to Bid
Issue Date: 3/20/2022
Deadline: 4/13/2022 02:00 PM (CT)
Notes: The City of Fayetteville is seeking bids from qualified vendors for the
City of Fayetteville's mail processing services for one (1) year with four
(4) one-year renewal options, giving a possible contract term of five (5)
years. Any questions concerning the bidding process should be
directed to Amanda Beilfuss, City of Fayetteville Purchasing Agent, at
abeilfuss@fayetteville-ar.gov.
Contact Information
Contact: Amanda Beilfuss
Address: Purchasing
Room 306
City Hall
113 West Mountain Street - Room 306
Fayetteville, AR 72701
Email: abeilfuss@fayetteville-ar.gov
Page 1 of 4 pages
Vendor: DFI Technologies, Inc.
Bid 22-33
Page 95 of 321
DFI Technologies, Inc. Information
Address: 947 N Main
FAYETTEVILLE, AR 72701
Phone: (479) 443-0009
Web Address: www.dfimaii.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Jay Hayward
Signature
Submitted at 411212022 4:56:16 PM
uested Attachments
Bid 22-33, Required Bid Form
ihayward@dfimail.com
Email
DFIT Bid 22-33, FILE 01 - Mailing Services.pdf
Please complete, sign, and attach the required bid form. You can find this under the Attachments tab.
Bid 22-33, Equipment Schedule DFIT Equipment Schedule.pdf
Please attach Equipment Schedule (refer to specification 2.3 under the Detailed Specifications of the bid form).
Bid Attributes
1 AR Secretary of State Filing Number
Please provide your Arkansas Secretary of State filing number.
100165484
Bid Lines
`1
Package Header
Section A: Utility Bills
Quantity
1 UOM: EA
Package Items
Total: 1 $317,350.00
1.1 Monthly Bill
Quantity: 385000 UOM: EA Price: $0.45 Total: $173,250.00
Supplier Notes: I Actual price $0.448 - Your system automatically rounds the price up.
1.2 Shut Off / Past Due
Quantity: 110000 UOM: EA Price: $0.44 Total: $48,400.00
Supplier Notes: I Actual price $0.438 - Your system automatically rounds the price up.
1.3 Bank Draft
Quantity: 185000 UOM: EA Price: 1 $0.44 Total: $81,400.00
Supplier Notes: I Actual price $0.438 - Your system automatically rounds the price up.
Page 2 of 4 pages
Vendor: DFI Technologies, Inc.
Bid 22-33
Page 96 of 321
1.4 Final Bill
Quantity: 25000 UOM: EA Price: 1 $0.44 Total: $11,000.00
Supplier Notes: I Actual price $0.438 - Your system automatically rounds the price up.
1.5 Collection Letter
Quantity: 7500 UOM: EA Price: $0.44 Total: $3,300.00
Supplier Notes: I Actual price $0.438 - Your system automatically rounds the price up.
2
Package Header
Section B: Standard Monthly Services
Quantity: 1 UOM: EA
Total:
$8,915.00
Package Items
2.1 Employee Retirement & Savings Statements
Quantity: 2500 UOM: EA
Price: $0.47 Total:
$1,175.00
2.2 Arrest Warrants
Quantity: 6000 UOM: EA
Price: $0.45 Total:
$2,700.00
Supplier Notes: I Actual price $0.448 - Your system automatically rounds the price up.
2.3 Parking Management
Quantity: 6000 UOM: EA
Price: $0.45 Total:
$2,700.00
Supplier Notes:
I Actual price $0.448 - Your system automatically rounds the price up.
2.4 Sex Offender Mail -Outs
Quantity: 2500 UOM: EA
Price: $0.45 Total:
$1,125.00
Supplier Notes: I Actual price $0.448 - Your system automatically rounds the price up.
2.5 Accounts Receivable Statements
Quantity: 2700 UOM: EA
Price: $0.45 Total:
$1,215.00
Supplier Notes: I Actual price $0.448 - Your system automatically rounds the price up.
3 Package Header
Section C: Daily Mail & Other Services
Quantity: 1 UOM: EA Total: $43,450.00
Package Items
3.1 0-2 oz. Letter (Price Per Each)
Quantity: 45000 UOM: EA Price: $0.45 Total: $20,250.00
Supplier Notes: I Actual price $0.448 - Your system automatically rounds the price up.
3.2 Inserts
Quantity: 85000 UOM: EA Price: $0.01 Total: $850.00
3.3 0-2 oz. Certified With Return Receipt Letter
Quantity: 1500 UOM: EA Price: $7.40 Total: $11,100.00
3.4 Courier Fee - Price Per Day
Quantity: 252 UOM: EA Price: $0.00 Total: $0.00
Page 3 of 4 pages Vendor: DFI Technologies, Inc. Bid 22-33
Page 97 of 321
3.5 Postage - All Other Mail
Quantity: 25000 UOM: EA Price: $0.45 Total: $11,250.00
Supplier Notes: I Actual price $0.448 - Your system automatically rounds the price up.
Response Total: $369,715.00
Page 4 of 4 pages Vendor: DFI Technologies, Inc. Bid 22-33
Page 98 of 321
City of Fayetteville, Arkansas
CITY OF Purchasing Division — Room 306
FAY E T T E V I L L E 113 W. Mountain
Fayetteville, AR 72701
A R KA N SAS Phone: 479.575.8258
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID: Bid 22-33, Mailing Services
DEADLINE: Wednesday, April 13, 2022 before 2:00 PM, Local Time
PRE -BID MEETING: Wednesday, March 30, 2022 at 10:00 AM, via Zoom
ACCEPTABLE DELIVERY METHODS:
(1) City's third -party bidding platform, OR
(2) Sealed and delivered directly to the City of Fayetteville as instructed in the advertisement
PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: Sunday, March 20, 2022
INVITATION TO BID
Bid 22-33, Mailing Services
No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's
third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville
Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. All bids
shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents
attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure
to do so may be used as basis of rejection.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in
strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not
subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager.
Name of Firm: DFI Technologies, Inc.
Contact Person: jaH ,,,,,,,aFd Title: Presldee+
E-Mail: jhayward@dfimail.com Phone
Business Address: 947 N Main
City: Fayetteville Z State:
Signature:
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 1 of 21
29
479-443-0099
Zip:
Date: 03/31 /2022
72701
Page 99 of 321
City of Fayetteville
Bid 22-33, Mailing Services
Advertisement
City of Fayetteville, Arkansas
INVITATION TO BID
Bid 22-33, Mailing Services
The City of Fayetteville is seeking bids from qualified vendors for the City of Fayetteville's mail processing services for one
(1) year with four (4) one-year renewal options, giving a possible contract term of five (5) years. Any questions concerning
the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Purchasing Agent, at
abeilfuss@fayetteville-ar.gov or by calling (479) 575-8258.
A non -mandatory Pre -Bid meeting will be held Wednesday, March 30, 2022 at 10:00 AM virtually via Zoom. Information
regarding the pre -bid meeting is available on the project page on the City's electronic bidding platform. All interested
parties are encouraged to attend.
Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding
platform at www.fayetteville-ar.gov/bids. All bids shall be received by Wednesday, April 13, 2022 before 2:00 PM, Local
Time utilizing the electronic bidding software or by submitting a sealed physical bid to the City of Fayetteville, Purchasing
Division address listed below. All bids are due before the time stated. Submitting a bid electronically is strongly
encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at
https://www.youtube.com/user/cityoffayetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be
responsible for lost or misdirected bids, or for failure of proposer's technical equipment.
City of Fayetteville
Purchasing Division — Room 306
113 West Mountain Street
Fayetteville, AR 72701
Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and
women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of
Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and
women business enterprises.
The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract
for a period of time which shall not exceed beyond ninety calendar days from the bid opening date.
City of Fayetteville
By: Amanda Beilfuss, Purchasing Agent
P: 479.575.8258 abeilfuss@fayetteville-ar.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 03/20/2022
This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas.
Amount paid: $XXX.XX.
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 2 of 21
Page 100 of 321
Refer to the City's electronic bidding
platform to submit bid pricing
electronically.
Contact the City Purchasing Division
to submit a physical sealed bid.
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 3 of 21
Page 101 of 321
City of Fayetteville
Bid 22-33, Mailing Services
Required Bid Form — Bid Signature & Online Submittal Reqirements
EXECUTION OF BID:
All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder.
Bidders shall also complete submission through the City's online bidding portal (www.fayetteville-ar.gov/bids)
and complete and submit all required information, which may include:
• Bid Attributes
• Bid Line Items — Bidders shall bid on all line items and not submit partial bids
• Response Attachments
o Required Bid Form (this form, completed in its entirety)
o Equipment Schedule, as defined and requested in this bid document
Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If
specifications of item bid differ from provided literature, deviation shall be documented and certified by the
manufacturer as a regular production option.
Upon signing this Bid, the bidder certifies that:
1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications,
terms, standard conditions, and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these
requirements as specified by The City of Fayetteville.
3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not
currently boycott Israel and will not boycott Israel during any time in which they are entering into, or
while in contract, with any public entity as defined in §25-1-503. If at any time during contract the
contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing.
4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and
support as specified herein.
5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to
certify the information provided herein is accurate and true.
6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements
and conditions of employment in addition to all federal, state, and local laws.
7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not
limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known
relationship exists between any principal or employee of your firm and any City of Fayetteville employee
or elected City of Fayetteville official. If no relationship exists, this should also be stated in your
response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract
as a result of your response.
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 4 of 21
Page 102 of 321
1.) NO KNOWN RELATIONSHIP EXISTS
2.) RELATIONSHIP EXISTS (Please explain):
8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in
Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations.
9. As A bidder on this project, you are required to provide debarment/suspension certification indicating
that you are in compliance with the below Federal Executive Order. Certification can be done by
completing and signing this form.
a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors
receiving individual awards, using federal funds, and all sub -recipients certify that the
organization and its principals are not debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any Federal department or agency from doing business with
the Federal Government.
b. Your signature below certifies that neither you nor your principal is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
Unsigned bids will be rejected. Items marked * are mandatory for consideration.
*NAME OF FIRM: DFI Technologies, Inc.
Purchase Order/Payments shall be issued to this name
*D/B/A or Corporation Name
*BUSINESS ADDRESS: 947 N Main
*CITY: Fayetteville, *STATE
*PHONE: 479-443-0099
*E-MAIL: Jhayward@dfimail.com
*BY: (PRINTED NAME)
Jay Hayward
*AUTHORIZED SIGNATURE:
*TITLE: President
DUNS NUMBER:
*TAX ID NUMBER: 71-0817512
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 5 of 21
FAX:
AR *ZIP: 72701
479-443-1418
CAGE NUMBER:
Page 103 of 321
Acknowledge Addendums:
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
Addendum No. Dated:
Acknowledged by:
Acknowledged by:
Acknowledged by:
Acknowledged by:
ALL BIDDERS SHALL BID AND PROVIDE PRICING ON ALL LINE ITEMS. FAILURE TO BID ON
ALL LINE ITEMS SHALL RESULT IN REJECTION OF BID. THE CITY INTENDS TO AWARD THIS
BID TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER.
BID FORM CONTINUES ON NEXT PAGE
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 6 of 21
Page 104 of 321
City of Fayetteville
Bid 22-33, Mailing Services
References
The following information is required from all Bidders so all bids may be reviewed and properly evaluated.
COMPANY NAME: DFI Technologies, Inc.
BUSINESS ADDRESS: 947 N Main Fayetteville, AR 72701
NUMBER OF YEARS IN BUSINESS: 25 years
TOTAL NUMBER OF CURRENT EMPLOYEES: 23
HOW LONG IN PRESENT LOCATION: 21 years
FULLTIME 5 PARTTIME
NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: 23 FULL TIME 5 PART TIME
PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED
SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed). Bidders shall have valid experience.
1 City of Fayetteville
COMPANY NAME
Fayetteville,AR 72703
CITY, STATE, ZIP
Cheryl Partain
CONTACT PERSON
479.575.8278
TELEPHONE
5/31 /2022
DATE COMPLETED
cpartain(a)fayetteville-ar.gov
E-MAIL ADDRESS
3 ARVEST Bank
COMPANY NAME
Lowell, AR 72745
CITY, STATE, ZIP
Bryan Gabbard
CONTACT PERSON
479-750-6179
TELEPHONE
12/31 /2022
DATE COMPLETED
BGabbard@arvest.com
E-MAIL ADDRESS
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 7 of 21
2 JB Hunt
COMPANY NAME
Lowell, AR 72745
CITY, STATE, ZIP
Paul Komarek
CONTACT PERSON
479.820.2074
TELEPHONE
12/31 /2022
DATE COMPLETED
paul.komarek@jbhunt.com
E-MAIL ADDRESS
4 TYSON Foods
COMPANY NAME
Springdale, AR 72765
CITY, STATE, ZIP
Melanie Noland
CONTACT PERSON
479-290-4711
TELEPHONE
12/31 /2022
DATE COMPLETED
melanie.noland@tyson.com
E-MAIL ADDRESS
Page 105 of 321
City of Fayetteville
Bid 22-33, Equipment Bid
General Terms and Conditions
1. SUBMISSION OF BID & BID EVALUATION:
a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this
document.
b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing
Division.
c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing
Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received
by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement.
Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted
shortly after the deadline at City Hall and livestreamed at
https://www.youtube.com/user/cityoffayetteviIlear. No late bids shall be accepted. The City of
Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's
technical equipment.
d. The City will not be responsible for misdirected bids. Bidder should call the Purchasing Office at
479.575.8256 to ensure correct receipt of bidding documents prior to opening time and date
listed on the bid form.
e. Bidders shall have experience in providing products and/or services of the same or similar
nature.
f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in
its response to the bid. Failure to do so may lead the City to declare any such term non-
negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it
from consideration for award.
g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids
shall be received before the time as shown by the atomic clock located in the Purchasing Division
Office.
h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City
reserves the right to award bids in their entirety, none, or by line item.
i. This agreement shall be effective from one (1) year of the date of signed contract. The City
reserves the right to extend the contract by mutual agreement for a period of four (4) additional,
one (1) year periods automatically unless either the Contractor or the City notifies the other of
its intent to terminate the contract at the end of the contract period.
j. Bid pricing shall remain firm for five years with the exception of increased postage rates as
mandated and increased by the United States Postal Service (USPS).
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract
documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in
writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 8 of 21
Page 106 of 321
response would provide clarification to the requirements of the bid. All such addenda shall become part of
the contract documents. The City will not be responsible for any other explanation or interpretation of the
proposed bid made or given prior to the award of the contract.
DESCRIPTION OF SUPPLIES AND SERVICES:
Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of
quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality,
size, design, and specification as to what has been specified, will be acceptable for consideration only if
approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept
or reject any requested equal.
4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best
interest of the City.
The City of Fayetteville reserves the right to accept or reject any or all bids.
The City of Fayetteville reserves the right to cancel the entire bid.
d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in
the invitation to bid or in bids submitted.
e. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information, or data without changing the terms of the bid.
5. COSTS INCURRED BY BIDDERS:
All expenses involved with the preparation and submission of bids to the City, or any work performed in
connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses
received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement.
6. CONFLICT OF INTEREST:
a. The bidder represents that it presently has no interest and shall acquire no interest, either direct
or indirect, which would conflict in any manner with the performance or services required
hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City
Employee to Contract with the City".
b. All bidders shall promptly notify Amanda Beilfuss, City Purchasing Agent, in writing, of all
potential conflicts of interest for any prospective business association, interest, or other
circumstance which may influence or appear to influence the bidder's judgment or quality of
services being provided. Such written notification shall identify the prospective business
association, interest or circumstance, the nature of which the bidder may undertake and request
an opinion to the City as to whether the association, interest or circumstance would, in the
opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees
to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of
receipt of notification.
7. WITHDRAWL OF PROPOSAL:
A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an
authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid
unless approved by the Purchasing Division.
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 9 of 21
Page 107 of 321
8. LATE PROPOSAL OR MODIFICATIONS:
Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in
writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids.
Bidders should call the Purchasing Division at (479) 575-8258 to ensure receipt of their submittal
documents prior to opening time and date listed.
9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall
comply with all local, state, and federal directives, orders and laws as applicable to this proposal
and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO),
Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women business enterprises to bid on and receive contracts for goods,
services, and construction. Also, City of Fayetteville encourages all general contractors to
subcontract portions of their contract to qualified small, minority and women business
enterprises.
10. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies,
departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal
terms and conditions therein, should any said governmental entity desire to buy under this proposal.
Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political
subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other
public agencies or authorities), which may desire to purchase under the terms and conditions of the
contract.
11. COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that
his or her bid is made without previous understanding, agreement, or connection with any person, firm or
corporation making a proposal for the same item(s) and/or services and is in all respects fair, without
outside control, collusion, fraud, or otherwise illegal action."
12. RIGHT TO AUDIT, FOIA, AND JURISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records
relate to purchases between the City and said vendor.
Freedom of Information Act: City contracts and documents prepared while performing City
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the (Contractor) will do
everything possible to provide the documents in a prompt and timely manner as prescribed in
the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas
law applying to the case.
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 10 of 21
Page 108 of 321
13. CITY INDEMNIFICATION:
The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the
goods and payment thereof by the City.
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for bid apply to this contract except as specifically
stated in the subsequent sections of this document, which take precedence, and should be fully understood
by bidders prior to submitting a proposal on this requirement.
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event,
should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the
deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing
Division, immediately.
16. PROCUREMENT POLICY FOR RECYCLED MATERIALS:
The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual
obligations to the City and that such practices will serve as a model for other public entities and private
sector companies.
17. PAYMENTS AND INVOICING:
The bidder must specify in their bid the exact company name and address which must be the same as
invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible
for immediately notifying the Purchasing Division of any company name change, which would cause
invoicing to change from the name used at the time of the original bid. Payment will be made within thirty
days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or
penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no
additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable
deposit or retainer that would remain property of the bidder even if the hourly work actually performed by
the bidder would not justify such fee.
The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be
made after approval and acceptance of work and submission of invoice. Payments will be made within 30
days of accepted invoice.
18. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior
notice to the Contractor in writing of the intention to cancel or with cause if at any time the
Contractor fails to fulfill or abide by any of the terms or conditions specified.
Failure of the contractor to comply with any of the provisions of the contract shall be considered
a material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 11 of 21
Page 109 of 321
c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the
right to cancel and obtain from another source, any items and/or services which have not been
delivered within the period of time from the date of order as determined by the City of
Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
notify the vendor of such occurrence and contract shall terminate of the last day of the current
fiscal period without penalty or expense to the City.
19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a bidder intends to subcontract a portion of this
work, the bidder shall disclose such intent in the bid submitted as a result of this bid.
In the event of a corporate acquisition and/or merger, the Contractor shall provide written
notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon
the occurrence of said action, whichever occurs first. The right to terminate this contract, which
shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in
which a corporate acquisition and/or merger represent a conflict of interest or are contrary to
any local, state, or federal laws. Action by the City awarding a proposal to a firm that has
disclosed its intent to assign or subcontract in its response to the bid, without exception shall
constitute approval for purpose of this Agreement.
20. NON-EXCLUSIVE CONTRACT:
Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which
may develop during the contract period. This is not an exclusive contract. The City specifically reserves the
right to concurrently contract with other companies for similar work if it deems such an action to be in the
City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item.
21. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding
request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by
the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an
organization that is responding to the request for proposal, request for qualification, bid or contract, or has
a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of
Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City
of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from
contacting the Purchasing Division to address situations such as clarification and/or questions related to the
procurement process. For purposes of this provision lobbying activities shall include but not be limited to,
influencing or attempting to influence action or non -action in connection with any request for proposal,
request for qualification, bid or contract through direct or indirect oral or written communication or an
attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any
request for proposal, request for qualification, bid or contract to be rejected.
22. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this bid from the bidder. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the
Contractor shall provide such additional requirements as may become necessary.
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 12 of 21
Page 110 of 321
23. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or
individually, at the City's sole option, at any time after award has been made as may be deemed necessary
or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this
contract in accordance with the terms, conditions, and specifications.
24. INTEGRITY OF BID DOCUMENTS:
Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in
the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid
form(s) if sufficient space is not available on the original form for the bidder to enter a complete response.
Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise,
will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes
to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the
original bid documents.
25. CERTIFICATE OF INSURANCE:
The successful bidder shall provide a Certificate of Insurance in accordance with specifications listed in this
request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville
as an additional insured. Insurance shall remain valid during each contract term and shall be provided at
each renewal period.
For single projects exceeding $20,000 contractor shall submit certificates of insurance within 10 days of
notice of notice to proceed, after City Council approval. Certificates of insurance are to be addressed to the
City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained
throughout the term of the bid. Any work sublet, the contractor shall require the subcontractor similarly to
provide the same insurance coverage. In case any employee engaged in work on the project is not
protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontractor
to provide, adequate employer's liability insurance for the protection of such of his employees as are not
otherwise protected.
Workers' Compensation:
Statutory Amount
Comprehensive General & Automotive Liability: $1,00,000 for each accident
Bodily Injury Liability: $500,000 for each accident
Property Damage Liability: $500,000 aggregate
26. PRICING:
a. Prices shall include all labor, supervision, materials, equipment, transportation, and services
necessary to do a superior quality job.
b. Bidder shall state any discounts to apply. Discounts shall be shown for individual items unless all
items have the same percentage of discounts.
C. Any projects in excess of $35,000 will require additional approval from the Fayetteville City Council
prior to authorization of work.
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 13 of 21
Page 111 of 321
27. OTHER GENERAL CONDITIONS:
a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or
that in any way affect the Work and shall in all respects comply with said laws, ordinances, and
regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way
serve to modify the provisions of the contract. No representations shall be binding unless embodied in
the contract.
b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the
products and services presented. Sales taxshaiinotbeinciudedin the bidprice. Applicable Arkansas
sales tax laws will apply when necessary but will not be considered in award of this project.
c. Each bidder should state the anticipated number of days from the date of receipt of an order for
delivery of services to the City of Fayetteville.
Bidders must provide the City with their bids signed by an employee having legal authority to submit
bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the
bidder.
e. The City reserves the right to request any additional information it deems necessary from any or all
bidders after the submission deadline.
The request for bid is not to be construed as an offer, a contract, or a commitment of any kind, nor does
it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood
that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own
risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for
reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal
is accepted.
g. If products, components, or services other than those described in this bid document are proposed, the
bidder must include complete descriptive literature for each. All requests for additional information
must be received within five working days following the request.
NOTE: Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone
(479.575.8258) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of
Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of
the scope of work to be completed and/or goods to be provided. We encourage all interested parties to
ask questions to enable all bidders to be on equal bidding terms.
i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly
to Amanda Beilfuss, City of Fayetteville, Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or
telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any
part of this request for proposal. All questions, clarifications, and requests, together with answers, if
any, will be provided to all firms via written addendum. Names of firms submitting any questions,
clarifications, or requests will not be disclosed until after a contract is in place.
j. Any information provided herein is intended to assist the bidder in the preparation of proposals
necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements but is not intended to limit a bid's content or to exclude any relevant or essential data.
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 14 of 21
Page 112 of 321
Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any
manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of
jurisdiction or improper venue or any similar basis.
The successful bidder shall not assign the whole or any part of this Contract or any monies due or to
become due hereunder without written consent of City of Fayetteville. In case the successful bidder
assigns all or any part of any monies due or to become due under this Contract, the Instrument of
assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in
and to any monies due or to become due to the successful bidder shall be subject to prior liens of all
persons, firms, and corporations for services rendered or materials supplied for the performance of the
services called for in this contract.
m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services
shall apply to the contract throughout, and they will be deemed to be included in the contract as though
written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws,
ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner
affecting those engaged or employed in providing these services or in any way affecting the conduct of the
services and of all orders and decrees of bodies or tribunals having anyjurisdiction or authority over same.
If any discrepancy or inconsistency should be discovered in these Contract Documents or in the
specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he
shall herewith report the same in writing to City of Fayetteville.
28. INVOICING: All invoices shall be presented to the City with the minimum information listed below.
a. City Department that ordered the materials or services
b. Order Date
c. Delivery date or the date of services
d. Name of the City Employee that requested or picked up the goods, materials, or service
e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing.
29. ATTACHMENTS TO BID DOCUMENTS: N/A
BID FORM CONTINUES ON NEXT PAGE
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 15 of 21
Page 113 of 321
City of Fayetteville
Bid 22-33, Mailing Services
Detailed Specifications
ALL BIDDERS SHALL BID AND PROVIDE PRICING ON ALL LINE ITEMS. FAILURE TO BID ON
ALL LINE ITEMS SHALL RESULT IN REJECTION OF BID. THE CITY INTENDS TO AWARD THIS
BID TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER.
1. SERVICE REQUIREMENTS-
1.1 Mail shall have a Fayetteville, Arkansas postmark.
1.2 All items shall be shipped "First Class" unless specified otherwise at the time of shipment.
1.3 Incoming mail shall be picked up from the United States Postal Service and delivered no later than
9:00 AM daily.
1.4 USPS, UPS, and FeclEx items shall be picked up at least twice daily with the last pickup no earlier than
3:30 PM, Monday through Friday.
1.5 Mail marked "Same Day" shall be metered, sorted, and mailed on the same day collected.
1.6 Mail marked "Next Day" shall be metered, sorted, and mailed on the first business day after
collection.
1.7 Utility bills shall be processed and mailed no later than the following business day, after pickup.
1.8 When utility bills or past due notices are not available for pickup due to equipment problems but are
available to be picked up by 10:00 AM the following day, they shall be collected and processed for
mailing on the same day collected.
1.9 Awarded vendor shall be responsible for all sorting. The City provides documents separated by bank
draft (no return envelope to be included) and non -bank draft (return envelope included), and also by
zip code.
1.10 The City will not provide trays or tray tags.
1.11 Monthly reports shall be provided detailing total number of pieces, as categorized on the bid form
and show processing counts, on a daily basis. Sample reporting should be submitted with bid.
1.12 Provide daily pickup for all USPS packages or UPS packages without additional charge, unless a special
trip is made to pick up the package.
2. REQUIRED BIDDER QUALIFICATIONS-
2.1 All bidders shall be legally qualified in all respects to do business in the state of Arkansas for the
services requested in this bid.
2.2 The bidder shall provide the United States Postal Service with all necessary documentation. The City
will not provide postal forms.
2.3 Bidder shall prepare and provide an Equipment Schedule with bid response. The bidder shall have
equipment available and adequate experience which, in the opinion of the City, is adequate to
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 16 of 21
Page 114 of 321
complete the work under these specifications in the time allowed for completion. The Equipment
Schedule shall include a list of all currently owned, leased, or rented equipment secured by the
bidder available to complete work identified in this bid.
2.4 It shall be understood that the rates presented by the bidder shall be for the furnishing of all
materials, labor, etc. as required.
2.5 Bidder shall include mileage and travel time as part of this agreement. The City will not assume
mileage or travel time costs.
2.6 Bidder shall include a log of the previous month's volume by quantity and type.
2.7 Bidder shall have and maintain all licensing necessary from federal, state, and local agencies.
2.8 Bidder shall be identifiable by a professional company name tag and/or uniform while performing
work within City facilities.
3. ITEM DESCRIPTIONS AND REQUIREMENTS:
3.1 All pricing shall reflect one total all-inclusive cost, including postage, sorting fees, etc. Prices shall not
include printing costs unless stated. Pickup fees, if applicable, shall be provided in with the "Courier
fee — per day" line item to be bid.
3.2 In the event of a postage cost increase, the price per item will only be allowed to reflect the actual
postage increase cost.
3.3 Detailed item description —Section A, Utility Bills: Services provided in this contract are detailed
below. Pricing shall be inclusive of all costs (including postage) unless otherwise stated:
• Item 1— Monthly Bill: Fold statement, insert statement and return envelope, meter,
sort, and postage. Statement, mailing envelope, and return envelope will be provided
by the City.
• Item 2 — Shut Off Notice / Past Due Notices: Fold statement, insert statement, meter,
sort, and postage. Statement and mailing envelope will be provided by the City.
• Item 3 — Bank Draft Notices: Fold statement, insert statement, meter, sort, and postage.
Statement and mailing envelope will be provided by the City.
• Item 4 — Final Bill Notices: Fold statement, insert statement and return envelope,
meter, sort, and postage. Statement, mailing envelope, and return envelope will be
provided by the City.
• Item 5 — Collection Letter: Fold letter, insert letter, meter, sort, and postage. Letter and
mailing envelope will be provided by the City.
3.4 Detailed item description — Section B, Standard Monthly Services: Services provided in this contract
are detailed below. Pricing shall be inclusive of all costs (including postage) unless otherwise stated:
• Item 6 — Employee Retirement & Savings Statements: Fold up to 4 sheets, insert up to 4
sheets, meter, barcode, and sort. Statement and mailing envelope will be provided by
the City.
• Item 7—Arrest Warrants: Fold warrant, insert warrant, meter, barcode, and sort.
Statement and mailing envelope will be provided by the City.
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 17 of 21
Page 115 of 321
• Item 8 — Parking Management: Fold statement, insert statement, meter, barcode, and
sort. Statement and mailing envelope will be provided by the City.
• Item 9—Sex Offender Mail -Outs: THIS ITEM INCLUDES PRINTING SERVICES. Price
includes printing of the mail -out (as described below), fold printed items, insert printed
items into envelope, and affix first class postage. Price shall be inclusive of all printing,
processing, and postage. Mailing envelope will be provided by the City. Volume is
estimated at 250 per month.
A. Printing services consist of printing the two (2) following items: one (1) 8.5 x 11
black and white mail merge 201b. letter AND one (1) full color 8.5 x 1120 lb.
description notification.
• Item 10—Accounts Receivables Statements: Fold statement, insert statement, meter,
sort, and postage. Statement and mailing envelope will be provided by the City.
3.5 Detailed item description — Section C. Daily Mail & Other Services:
City of Fayetteville, AR
Bid 22-33, Mailing Services
Page 18 of 21
• Item 11—Zero (0)—two (2) ounce letter: Meter, barcode, and sort pieces picked up as
needed. City provides all materials, no inserting, and no folding.
• Item 12 — Inserts: Inserts will be provided periodically to be included in the utility bill
mail out processing. Some inserts will need to be folded.
• Item 13—Zero (0)—two (2) ounce certified with return receipt letter: Meter, barcode,
sort, and deliver return receipt, picked up as needed. City provides all materials, no
inserting, and no folding.
• Item 14 — Courier Fee, price per day: Price per day for courier services includes the
following:
A. Each trip, twice daily, shall include pickup of mail from the US Post Office
located on Dickson St. and delivery of that mail to City Hall. Also, shall include
mail picked up from the City to be processed as specified depending on the
item type.
B. Services shall be run a MINIMUM of two (2) times per day with the last pickup
no earlier than 3:30 PM, local time. First pickup and delivery shall be before
9:00 AM, but no later than 10:00 AM.
C. This courier services exclude weekends and designated City holidays.
D. Courier services shall not be charged on days the City is closed due to
inclement weather.
E. Pickup shall include all USPS, UPS, and FeclEx.
F. See other requirements listed above and under "Service Requirements".
• Item 15 — Postage -All Other Mail: Fold statement, insert statement, meter, sort, and
postage. Statement and mailing envelope will be provided by the City when needed.
Other mail shall include any other type of mail that is not listed separately in this
specification.
Page 116 of 321
DFIT Equipment Schedule
1 PTI Multi Line Optical Character Reader Sorting Machine
With CASS, PAVE, DPV, and FAST -FORWARD
1 Flats Sorting Machine
4 Data-Pac Postage Meters
3 Bell + Howell Proline Series Inserting Machine
1 Neopost AS1A inserting Machine
7 Ricoh Pro Series Laser Printers
6 HP 9000 Class Laser Printer
1 MCS High -Speed Ink -Jet Printer
1 ACCUZIP off line sorting software with NCOA
3 Intel Based Unix Servers
2 Intel Based Windows Server
1 RemotePrint® Image Generation and Sorting Software with NCOA
1 Mail Manager Integrated Billing Software
Page 117 of 321
Bid Request Number
Bid 22-33
Organization City of Fayetteville Purchasing
Title
Bid 22-33, Mailing Services
Bid Creator Amanda Beilfuss
Description
The City of Fayetteville is seeking bids from qt Email abeilfuss@fayetteville-ar.gov
Bid Type
ITB
Phone
Issue Date
3/20/2022 12:40:06 AM (CT)
Fax
Close Date
4/13/2022 02:00:00 PM (CT)
Responding Suppliers
Name
City
State lResponse Submitted Lines Responded Response Total
DFI Technologies, Inc.
FAYETTEVILLE
AR 4/12/2022 04:56:16 PM (CT) 15 $369,715.00
Response Notes
Supplier
Line
Notes
DFI Technologies, Inc.
1.1
Actual price $0.448 - Your system automatically rounds the price up.
1.2
Actual price $0.438 - Your system automatically rounds the price up.
1.3
Actual price $0.438 - Your system automatically rounds the price up.
1.4
Actual price $0.438 - Your system automatically rounds the price up.
1.5
Actual price $0.438 - Your system automatically rounds the price up.
2.2
Actual price $0.448 - Your system automatically rounds the price up.
2.3
Actual price $0.448 - Your system automatically rounds the price up.
2.4
Actual price $0.448 - Your system automatically rounds the price up.
2.5
Actual price $0.448 - Your system automatically rounds the price up.
3.1
Actual price $0.448 - Your system automatically rounds the price up.
3.5
Actual price $0.448 - Your system automatically rounds the price up.
Page 118 of 321
CITY OF
POW,
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
CITY COUNCIL MEMO
2023-544
TO: Mayor Jordan and City Council
THRU: Paul Becker, Chief Financial Officer
FROM: Waylon Abernathy, Bond Projects & Construction Dir
DATE: March 14, 2023
SUBJECT: Amendment #1 to RFQ #21-01, Selection #2 with GTS, Inc. in the amount of
$59,406.31 for the remaining materials testing for the replacement parking deck.
RECOMMENDATION:
Staff recommends approval of amendment #1 to RFQ #21-01, Selection #2 with GTS, Inc. in the amount of
$59,406.31 for the remaining materials testing for the replacement parking deck, and approval of a budget
adjustment.
BACKGROUND:
November 2021, Council passed resolution 284- 21 approving Nabholz Inc., contract change
Order for the early grading package for the replacement parking deck.
December 2021, Council passed resolution 309- 21 approving Nabhohz Inc., contract Change
Order for the GMP for the replacement parking deck.
In February 2022, Council passed resolution 37-22 for Materials testing services for the Replacement Parking
Deck.
DISCUSSION:
The amendment is for unanticipated items due to unforeseen conditions and additional concrete pours. There
were several site issues that caused additional site visits. Those included existing foundations, and poor soil
conditions requiring additional soils testing and compaction testing. Additional trips were required due to
concrete sequencing requiring additional pours and testing.
BUDGET/STAFF IMPACT:
$10,000 contingency is being used for partial funding with the remaining amount coming from unallocated
budget for the Arts Corridor Bond Projects.
PURCHASE ORDER DETAIL:
G/L ACCOUNT PROJECT AMOUNT
4608.860.7820-5860.02 46080.7820 10,000.00
4708.860.7820-5860.02 46080.7820 49,406.31
ATTACHMENTS: 2023-544 SRF GTS C01 Parking Deck, 2023-544 BA GTS C01 Parking Deck, 22-11017
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 119 of 321
Arts Bonds Parking Deck Testing Budget Letter
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 120 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-544
Amendment #1 to RFQ #21-01, Selection #2 with GTS, Inc. in the amount of $59,406.31 for the
remaining materials testing for the replacement parking deck.
A RESOLUTION TO APPROVE AMENDMENT 1 TO THE CONTRACT WITH GTS, INC. IN THE
AMOUNT OF $59,406.31 TO PROVIDE FOR ADDITIONAL MATERIALS TESTING SERVICES
FOR THE REPLACEMENT PARKING DECK, AND TO APPROVE A BUDGET ADJUSTMENT-
2019 CULTURAL ARTS CORRIDOR BOND PROJECT
WHEREAS, on February 1, 2022 the City Council approved Resolution 37-22 authorizing a contract
with GTS, Inc. to provide materials testing services associated with the replacement parking deck for the
Cultural Arts Corridor Phase 1; and
WHEREAS, this amendment will cover unanticipated items due to unforeseen conditions and
additional concrete pours.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an Amendment
to the contract with GTS, Inc., a copy of which is attached to this Resolution, in the amount of
$59,406.31, to provide for additional materials testing services associated with the replacement parking
deck.
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
Page 121 of 321
City of Fayetteville Staff Review Form
2023-544
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Wade Abernathy 3/13/2023 FACILITIES MANAGEMENT (140)
Submitted By Submitted Date Division / Department
Action Recommendation:
A resolution to approve an amendment to RFQ #21-01 with GTS, Inc. for Materials Testing for the replacement
parking deck in the amount of $59,406.31, and to approve a budget adjustment.
4608.860.7820-5860.02
4708.860.7820-5860.02
Account Number
46080.7820
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number
Comments:
2022-181
1
2022-012
Budget Impact:
Arts Corridor Bonds
Fund
Arts Corridor - Parking
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 16,903,306.00
$ 11,057,293.38
r-
5,846,012.62
$ 59,406.31
5,786,606.31
Previous Ordinance or Resolution # 37-22
Approval Date:
V20221130
Page 122 of 321
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
FACILITIES MANAGEMENT (140)
/Org2
2023
Requestor: Wade Abernathy
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A resolution to approve an amendment to RFQ #21-01 with GTS, Inc. for Materials Testing for the replacement parking deck
in the amount of $59,406.31. (PO 2022-181)
RESOLUTION/ORDINANCE
COUNCIL DATE: 4/4/2023
ITEM ID#: 2023-544
Noll y Black
317312023 2:32 P/YI
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
- -
increase/ (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.2023223
Account Name
4708.860.7999-5899.00
(49,407) -
46080
7999 EX
Unallocated - Budget
4708.860.7820-5860.02
4608.860.7820-5911.99
49,407 -
(10,000) -
46080
46080
7820 EX
7820 EX
Capital Prof Svcs - Engineering/Architecture
Contingency - Capital Project
4608.860.7820-5860.02
10,000 -
46080
7820 EX
Capital Prof Svcs - Engineering/Architectur<
1 I 1
Page 123 of 321
1915 North Shiloh Drive, Suite 1 Licensed:
Fayetteville, Arkansas 72704 Arkansas • Arizona • Kansas • Kentucky GTS, Inc.
Office: (479) 521-7645 Louisiana • Missouri • Oklahoma • Texas cac Eachn;car a Testing Services
www.gtsconsulting.net
March 10, 2023
City of Fayetteville
113 W. Mountain Street
Fayetteville, Arkansas 72701
Attn: Mr. Wade Abernathy
Re: Construction Materials Testing and Special Inspections Testing Budget
Arts Corridor — Bond & Parking
Fayetteville, Arkansas
GTS Project No. 22-11017
Mr. Abernathy:
This letter is issued as an update to GTS's budget for the above referenced project. The original
proposal was issued for GTS's testing and inspection services for $100,780.00. Through GTS's
most recent invoice dated November 2022, the total amount billed for this project by GTS is
$100,200.74. Additional fees have been accrued since our last invoice in the amount of
$42,335.57 bringing the total cost of fees to $142,536.31 to date. A summary concerning the
unanticipated overages and anticipated additional fees related to this project is provided below.
SUMMARY OF UNANTICIPATED ITEMS
The unanticipated increased fees can be attributed to the increased number of site visits
requested for technician and engineering staff and added time on site during these site visits
during the course of construction. Additionally, additional site visits resulted in sampling of
additional test cylinders and performing laboratory tests on concrete specimens due to the
increased number of pours. Details regarding these items are outlined on the following pages.
Earthwork
At the start of construction, the earthwork contractor performed mass site grading operations in
very small sections using smaller equipment than what we typically see and experience in
commercial earthwork operations. Sections of the building pad were mass site graded in small
quadrants before moving to a new section. This ultimately resulted in added trips for our staff to
observe conditions and perform density backfill testing.
Furthermore, during site grading, several remedial site visits were made to the site by
engineering staff due to poor soil conditions and the existing trash fill present on -site at
�( undercuts depths. Remedial work associated with portions of the trash fill resulted in
undercutting and utilizing geosynthetics and base rock to stabilize the site soils. These items
resulted in additional fill material being placed and added density trips to the project site.
Geotechnical Engineering I Construction Materials Testing I Environmental Due Diligence
Page 124 of 321
City of Fayetteville
Arts Corridor — Bond & Parking
Fayetteville, Arkansas
GTS Project No. 22-11017
Page 2 of 6
Structural Concrete Columns and Walls
GTS, In c.
Geatechnicat & Testing Services
During concrete construction for the columns, the concrete contractor did not have
availability of taller column forms at the start of the project. Specifically, the contractor was only
pouring 1-3 columns per pour versus the anticipated 6-8 columns. This resulted in increased
visits (5 times the budgeted number) to inspect reinforcing steel and perform concrete testing for
the ground tier columns and walls as well as the columns located at tiers 2 through 6.
Additionally, ground level wall concrete placement pours were conducted in 10 pours versus the
budgeted 4 resulting in increased site visits.
The added number of trips for concrete testing has resulted in increased trips to retrieve cured
cylinders the day after concrete pours and has also resulted in added test specimens. In all,
GTS has cast 1,332 test specimens compared to the budgeted 949 cylinders.
A summary of the budgeted versus actual pours is presented below in Table 1.
Table 1: Budgeted Pours vs Actual Pours per Level for Columns and Walls
Areas
Level
Pours Per Level
27
Budgeted �
5
Overage
22
Level
13
4
9
Level
9
4
5
Level
7
4
3
Level
5
4
1
Level
6
4
2
Ground level walls
10
4
6
Total Pours
50
24
26
PT Slabs
Additional trips and time was also incurred for pre -pour post -tension inspections due to
incomplete work specifically related to partial installation of reinforcing steel and post -tension
cables. GTS performed additional "reinspection" trips after hours (between midnight-2:00 am)
immediately prior to concrete pours to observe completed and work corrected items prior to
concrete placement. All PT slab pours required reinspections with the exception of 2 placement
pours.
Added time was spent beyond what was budgeted for stressing operations. GTS observed
tensioning device equipment malfunctions and equipment pump issues related to the cold
weather. In these instances, stressing occurred a period of several days versus the budgeted 1
Geotechnical Engineering I Construction Materials Testing I Environmental Due Diligence
Page 125 of 321
City of Fayetteville
Arts Corridor — Bond & Parking
Fayetteville, Arkansas
GTS Project No. 22-11017
Page 3 of 6
GTS, In c.
Geatechnicat & Testing Services
day of stressing per slab pour. Additionally, GTS performed 2 additional inspections to observe
"lift off' PT cables as directed by the structural engineer to verify recorded elongations.
Guardrail Strand Stressin
Since late January of 2023, GTS has been observing stressing of the guardrail cabling. GTS
has conducted 13 trips resulting in approximately 73 hours of staff time associated with the
guard rail stressing. The increased time is due to a number of factors. A quick general summary
of several contributing items is presented below:
1) The complexity of the stressing sequence per the shop drawings is much greater than
what was anticipated per the structural drawings. GTS notes the shop drawings were not
available during developing our initial budget.
2) Added on -site time was required due to the contractor not performing stress sequencing
correctly. GTS provided additional oversight and monitoring during stressing operations.
3) Stressing operations extended over a duration of 2 months and resulted in additional
trips to complete work.
In summary, trips and additional lab testing are presented in Table 2 below.
d and Lab Testing Services
Density Testing
Units
Trips
Budgeted
Quantity
18
•
32
—Overage
14
Proofrolls/Sub rade Evaluation
Trips
5
13
8
Reinforcing Steel Inspections
Trips
33
57
24
Fresh Concrete Testing
Trips
73
123
50
Post Tension Slab Inspections/Tendon
Stressing
Trips
22
47
25
Concrete Test Cylinders
each
949
1,332
383
Guardrail Strand Stressing
Hours
40
72.76
32.76
Cancelled Onsite Technician
Trips
0
9
9
Cancelled Onsite Engineering
Trips
0
6
6
Further, multiple instances have occurred on days GTS was scheduled by the contractor to be
onsite for testing or inspections, we were notified by the contractor upon arrival that the testing
and or inspections were cancelled. The fees associated with these cancellations were not
accounted for in our original proposal are presented in Table 3 below.
Item
cancelled site visits - tech
Trips �
9
Fees
$ 133.00
Total
$1,197.00
cancelled site visits -
engineer
6
$ 170.00
$1,020.00
total
$2,217.00
Geotechnical Engineering I Construction Materials Testing I Environmental Due Diligence
Page 126 of 321
City of Fayetteville
Arts Corridor — Bond & Parking
Fayetteville, Arkansas
GTS, In c.
GTS Project No. 22-11017
Page 4 of 6
Geatechnica! &Testing Services
REMAINING WORK
Upon review of the work remaining, GTS estimates the following trips and tests will be required
to complete this project as outlined below:
Site Work
Site work associated with the drives, pavements and hardscapes is incomplete at this time. The
following testing is anticipated for these areas:
• 7 trips for density testing
• Commercial driveway on the west side of the site — 1 trip and 1 set of cylinders
• Colonnade Sidewalk — 3 trips and 3 sets of cylinders
• Sidewalk along the South Side of Building - 2 trips and 2 sets of cylinders
• Curb and Gutter — 3 trips and 3 sets of cylinders
• Transformer Pad and Dumpster Pad — 1 trip and 1 set of cylinders
• Storm Inlet structures — 2 trips
• 8 trips to retrieve cured cylinders on days GTS is not already on -site
Based on the above, we estimate a total of $4,700 site work testing associated with the
pavements, sidewalks and hardscapes.
Stair Towers and CMU Work
Construction has recently started at the elevator tower and work is incomplete at the stair tower.
We anticipate the following trips related to structural steel inspections and CMU inspections and
testing:
• North Stair Tower: Structural Steel Observations - 2 trips
• South Stair Tower: HSS Weld Connections and Structural Steel Observations - 2
trips
• Colonnade Structure: Welded Connections and Structural Steel Observations — 3
trips
• South Stair Tower - low -lift -grouting resulting in 3 grout lifts per pour. GTS to
inspect rebar prior to grout placement resulting in 7 tiers and the roof level with
24 trips
• Estimate 1 set of grout prims per tier — 8 total grout sets
• Tier 3 West CMU Walls 4 trips to inspect masonry construction and reinforcing
steel
• 1 sample of grout obtained for grout prisms
Based on the above, we estimate a total of $12,350 for testing and inspections associated with
the stair towers.
Geotechnical Engineering I Construction Materials Testing I Environmental Due Diligence
Page 127 of 321
City of Fayetteville
Arts Corridor — Bond & Parking
Fayetteville, Arkansas
GTS Project No. 22-11017
Page 5 of 6
Cable Barrier Strands
GTS, In c.
Geatechnicat & Testing Services
Stressing for the cable barrier strand is nearly complete. GTS is waiting on direction from the
design engineer for a remaining section that is planned to be stressed in the coming weeks. We
anticipate 2 site visits spending 2-4 hours per visit to observe the remaining cable barrier strand
stressing.
Total for remaining fees for observing stressing for the barrier strands is estimated to be $600
for cable barrier strand stressing.
Presented below is a summary of the unbilled services and remaining testing fees associated
for work on this project:
Item
Unbilled Work to Date
Totals
$42,335.57
Anticipated Remaining Work (in original scope, added barrier
strand stressing)
$17,650
Total fees invoiced to date
(work through November 2022, includes Invoice #22-11-0145)
$100,200.74
Total
$160,186.30
Purchase Order # 202200000181 Amount
$100,780
Difference
$59,406.31
Requested Change Order Amount
$59,406.31
Please let us know if we need to amend our testing frequency's or adjust estimated schedules
for the remaining work. If no changes are needed, we are kindly requesting a change order be
considered in the amount of $59,406.31 be applied to our original Purchase Order.
Geotechnical Engineering I Construction Materials Testing I Environmental Due Diligence
Page 128 of 321
City at Fayetteville
Arts Corridor -- Bond & Parking
Fayetteville, Arkansas
GTS Project No. 22-11017
Page 6 of 6
GTS, Inc.
Geotechnica[ d Testing Services
Feel free to contact us if you have further questions or would like to discuss the information
presented within this letter
Sincerely,
GTS, In c.
Geotechnfcef 8 Testing Services
Jason Williams, P.E.
Project Engineer
'.E.
Geotechnical Engineering I Construction Materials Testing I Environmental Due Diligence
Page 129 of 321
CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
CITY COUNCIL MEMO
2023-550
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Britin Bostick, Long Range Planning/Special Projects Manager
FROM: Sherry Smith, Long Range and Preservation Planner
DATE: March 14, 2023
SUBJECT: A resolution to accept a grant from the Arkansas Historic Preservation Program in
the amount of $20,370.00 and to approve a budget adjustment. The grant award is
$20,000 for a historic context statement for the University Heights and Haskell
Heights neighborhoods and $370 for Historic District Commissioner training.
RECOMMENDATION:
City staff recommends acceptance of a Certified Local Government (CLG) Grant from the Arkansas Historic
Preservation Program (AHPP) for the 2023 grant year in the amount of $20,370. $20,000 of the grant is
specified for a historic context statement for the University Heights and Haskell Heights neighborhoods and
$370 is specified for approved Historic District Commissioner training.
BACKGROUND:
In December of 2022 City Council approved the application for a Certified Local Government Grant (CLG) in
the amount of $20,370 from the Arkansas Historic Preservation Program (AHPP). The Council also approved a
budget adjustment at that time of $5,000 as a grant match. On February 22, 2023 staff received an email from
AHPP that the full grant amount requested was awarded to the City of Fayetteville. This will provide a total
project budget for the historic context statement of $25,000 and training funds for the Historic District
Commission and supporting staff to attend training in May.
DISCUSSION:
A historic context statement is an identification and evaluation of historical development patterns, history, and
recognition of historically significant structures or groupings in the survey area. A qualified consultant will
complete this work for the University Heights and Haskell Heights neighborhoods situated to the west of the
University of Arkansas main campus. The consultant will prepare a Historic Context Statement for the
neighborhoods, which includes narratives, summaries and characteristics of neighborhood property types. The
project deliverables are anticipated to support confirming the eligibility of both the neighborhoods and individual
structures in the neighborhoods for listing on the National Register of Historic Places.
The attached grant agreement lays out the requirements for the CLG grant, which is a reimbursement grant.
The City must be under contract for the historic context statement project by August 15, 2023 and must
complete the grant -funded work by September 30, 2024. Appendix A of the attached grant agreement provides
the requirements for Historic Resources Survey and Documentation, and Appendix F states the Professional
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 130 of 321
Qualification Standards.
BUDGET/STAFF IMPACT:
This will add $20,000 to the project budget for the University Heights & Haskell Heights Historic Context
Statement Project and $370 to the travel and training budget for Historic District Commissioners and support
staff.
ATTACHMENTS: SRF Historic Context Stmt CLG Grant Award, BA Historic Context Stmt CLG Grant Award,
23-CLG-02 Fayetteville_agreement
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 131 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-550
A resolution to accept a grant from the Arkansas Historic Preservation Program in the amount of
$20,370.00 and to approve a budget adjustment. The grant award is $20,000 for a historic context
statement for the University Heights and Haskell Heights neighborhoods and $370 for Historic
District Commissioner training.
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A GRANT AGREEMENT
ACCEPTING A CERTIFIED LOCAL GOVERNMENT GRANT THROUGH THE ARKANSAS
HISTORIC PRESERVATION PROGRAM IN THE AMOUNT OF $20,370.00 FOR THE
PREPARATION OF A HISTORIC CONTEXT STATEMENT FOR THE UNIVERSITY HEIGHTS
AND HASKELL HEIGHTS NEIGHBORHOODS, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to
execute a grant agreement accepting a Certified Local Government grant through the Arkansas Historic
Preservation Program, in the amount of $20,370.00 for the preparation of a historic context statement for
the University Heights and Haskell Heights neighborhoods.
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
Page 132 of 321
Sherry Smith
Submitted By
City of Fayetteville Staff Review Form
2023-550
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/17/2023 LONG RANGE PLANNING (634)
Submitted Date Division / Department
Action Recommendation:
A resolution to accept a grant from the Arkansas Historic Preservation Program in the amount of $20,370.00 and to
approve a budget adjustment. The grant award is $20,000 for a historic context statement for the University
Heights and Haskell Heights neighborhoods and $370 for Historic District Commissioner training.
Budget Impact:
1010.090.6600-5314.00 General Fund
1010.090.6600-5304.00
Account Number Fund
32207.2023 AR Historic Preservation Program (CLG Grant) -
Historic Context Stmt - University & Haskell Heights
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? Yes
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 5,000.00
5,000.00
$ 20,370.00
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 277-22
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
12/6/2022
Page 133 of 321
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
LONG RANGE PLANNING (634)
/Org2
2023
Requestor: Sherry Smith
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A resolution to accept a grant from the Arkansas Historic Preservation Program in the amount of $20,370.00 and to approve
a budget adjustment. The grant award is $20,000 for a historic conxtext statement and $370 for Historic District
Commissioner training.
RESOLUTION/ORDINANCE
COUNCIL DATE: 4/4/2023
ITEM ID#: 2023-550
Noll y Black
317512023 2:57 P/71
Budget Division Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
20,370 20,370
increase/ (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.2023223
Account Name
1010.090.6600-5314.00
20,000 -
32207
2023 EX
Professional Services
1010.090.6600-5304.00
1010.090.6600-4309.01
370 -
- 20,370
32207
32207
2023 EX
2023 RE
Travel & Training
Federal Grants - Operational
1 I 1
Page 134 of 321
CERTIFIED LOCAL GOVERNMENT PROGRAM GRANT AGREEMENT
Grant Number 23-CLG-02
This agreement is entered into between the City of Fayetteville, Arkansas, hereinafter referred to
as the City, and the Arkansas Historic Preservation Program, hereinafter referred to as AHPP.
AHPP agrees to provide a grant in the amount of $20,370 for the purpose of funding consultants'
services to complete a context statement of the University -Haskell Heights neighborhood and
expensed related to the attendance of approved trainings by HDC officials and staff.
THIS GRANT IS FOR THE ACCOMPLISHMENT OF THE PURPOSE, OBJECTIVE AND
SCOPE OF WORK HEREIN DEFINED.
SCOPE OF WORK
TASK A. The City will fund consultants' services for the completion of a context
statement of the University -Haskell Heights neighborhood.
$20,000 is designated for this activity.
TASK B. The City will fund approved travel and training expenses for HDC
commissioners and staff.
$370 is designated for this activity.
II. TIME FRAME of AGREEMENT
This agreement will begin on March 15, 2023, and shall extend until September 30, 2024.
No grant funds shall be expended by the City or its sub -grantees or assigns after
September 30, 2024. No work on any grant task will be undertaken, continued, or
carried out after September 30, 2024.
III. PAYMENTS
A. Payments of funds under this grant agreement will be made upon receipt of invoices
requesting reimbursement of expenses paid by the City within the time frame of this
agreement.
B. No invoice received after August 1, 2024, will be processed.
C. Payments under this grant agreement are conditioned on successful completion of the
tasks described in the scope of work and submission of deliverables as described in
section IV.
D. The grant award is conditioned on the use of the grant funds to accomplish the tasks
described in the scope of work. Funds will only be disbursed to achieve the purposes
described in the scope of work. The grantee retains no interest in grant funds for
which an invoice has not been submitted to AHPP by August 1, 2024.
Page 135 of 321
E. The availability of funds under this grant award is dependent on the National Park
Service's 2023-2024 Historic Preservation Fund award to the AHPP.
IV. MILESTONES
A. University -Haskell Heights Historic Context Statement
1. The City will be under contract for consultant's services for the context by August 15,
2023.
2. The consultant will begin work on the context by November 1, 2023.
3. A first draft of the context statement will be submitted to AHPP by March 11, 2024.
4. The final draft of the context statement will be submitted to AHPP by April 29, 2024.
5. Upon AHPP's approval of the final draft, the City will submit an invoice for the full
cost of the task by August 1, 2024.
V. AHPP RESPONSIBILITIES
AHPP staff agrees to make periodic reviews of the project to assess practices and
products. AHPP reserves the right to enforce the procedures as outlined in this contract.
AHPP agrees to make available advice and counsel necessary to accomplish the objectives
and to render compensation upon invoice within a reasonable timeframe.
VI. REPORTING REQUIREMENTS
A. The City will submit quarterly reports detailing programmatic and fiscal progress of
work on forms to be provided by AHPP on:
Period Date Due
March -June, 2023
July 15, 2023
July -Sept, 2023
October 15, 2023
October -December, 2023
January 15, 2024
January -March, 2024
Aril 15, 2024
2024
July 15, 2024
-April-June,
July -September, 2024
October 15, 2024
FINAL
October 31, 2024
B. The report of April 15, 2023, will be accompanied by a timeline for completion of
the project and spend down of project funds by the end of the grant term.
C. If changes in the grant agreement - e.g.: scope of work, products, budgets, etc. - are
required, then the City must submit a written request detailing proposed changes
and wait for written approval from AHPP before proceeding.
D. No funds will be disbursed if grant reporting is more than two weeks delinquent.
E. Failure to submit grant reports within one month of the date required herein shall be
Page 136 of 321
grounds for cancellation of the grant at the discretion of AHPP.
F. The City will submit a final project report detailing all completed projects and
including copies of all publications as per the requirements of this agreement no
later than October 31, 2024.
G. The City will promptly notify AHPP if it will be unable to expend the awarded
funds within the grant period.
VII. REQUIRED TRAINING
Disbursement of funds under this agreement is contingent on attendance by a
designated representative of the City at a training session on grant administration
requirements held by AHPP. This requirement may be waived at the discretion of
AHPP if the City's grants administrator has attended a grant administration training
session within the two years prior to the execution of this grant agreement.
VIII. COMPLIANCE
A. All products and projects funded by grant funds must comply with the applicable
Secretary of the Interior's "Standards." These include: 1) Standards and Guidelines
for Preservation Planning, 2) Standards and Guidelines for Identification, 3)
Standards and Guidelines for Evaluation, 4) Standards and Guidelines for
Registration, 5) Standards and Guidelines for Historical Documentation, 6) Standards
and Guidelines for Architectural and Engineering Documentation, 7) Standards and
Guidelines for Archeological Documentation, 8) Standards for the Treatment of
Historic Properties, 9) Standards and Guidelines for the Rehabilitation of Historic
Buildings, and 10) Historic Preservation Professional Qualification Standards. See
Appendices A-E.
B. PROJECT EXECUTION AND CONTRACT REQUIREMENTS: All projects, sub -
grants and consulting contracts funded through this grant agreement must be carried
out in accordance with the procedures and standards laid out in the applicable
appendices to this agreement. All work products funded through this grant must meet
the standards laid out in the applicable appendices to this agreement.
C. EASEMENTS AND PRESERVATION AGREEMENTS: The City will donate to
AHPP a conservation easement on any property being restored, rehabilitated, or
repaired as a part of any project(s) funded in whole or in part by this grant utilizing
ten thousand dollars ($10,000) or more of funds awarded by AHPP. On such projects
involving private properties, it will be the City's responsibility to secure this
easement for donation to AHPP before any grant funds are released. The City will
ensure that the owner(s) of property being restored, rehabilitated, or repaired as part
of any project utilizing at least one dollar ($1) but less than ten thousand dollars
($10,000) of Historic Preservation Fund monies awarded by AHPP enters into a five-
year preservation agreement concerning that property with AHPP before grant funds
Page 137 of 321
are released. On such projects involving City property, the City and any other parties
holding an ownership interest in such property must enter into a five-year
preservation agreement with AHPP before funds will be released.
D. All activities pursuant to this Agreement shall be in compliance with the requirements
of Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as
amended; (78 Stat. 252; 42 U.S.C. §§2000d et seq.); the Rehabilitation Act of 1973,
as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89
Stat. 728; 42 U.S.C. §§6101 et seq.); the Americans with Disabilities Act (42 U.S.C.
§ 12101); the Architectural Barriers Act (42 U.S.C. §§4151 et seq); and with all other
federal laws and regulations prohibiting discrimination on grounds of race, color,
sexual orientation, national origin, disabilities, religion, age, or sex.
A. In all hiring or employment made possible by or resulting from grant awards, the City
(1) will not discriminate against any employee or applicant from employment because
of race, color, religion, sex, age, or national origin, and (2) will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, age, or national origin.
This requirement applies to, but is not limited to, the following: employment
promotion, demotion, or transfer; recruitment or other recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The City and its sub -grantees will comply with all
applicable statutes and Executive orders on equal employment opportunity and grant
awards will be governed by the provisions, as implemented by, but not limited to,
Department of the Interior policies, published in 43 CFR 17.
IX. MANAGEMENT AND BUDGET GUIDELINES
A. Certified Local Government grants are funded by the National Park Service Historic
Preservation Funds Grants in Aid, CFDA number 15.904. All policies and
procedures of the Department of the Interior, the National Park Service, and all other
Federal regulations concerning expenditures of Federal funds must be followed by
AHPP and all sub -grant recipients. All grant projects will be administered by AHPP
and the City in accordance with the Historic Preservation Fund Grants Manual. The
manual may be found online here:
https://www.nps._og v/subjects/historicpreservationfund/historic-preservation-fund-
,grant-manual.htm The City must maintain efficient and effective accountability and
control of all funds received and expended under a sub -grant from AHPP.
B. Federal Award Identification Number, total award amount, award date, and a copy of
the NPS grant agreement with AHPP will be provided to subgrantee with this signed
grant agreement. This subgrant award may be subject to additional conditions as
required by the National Park Service.
C. A City employee or paid contractor will be responsible for fulfilling all
Page 138 of 321
responsibilities assumed by the City under this grant agreement.
D. The City will promptly disclose any conflict of interest to AHPP in accordance with 2
CFR §200.112.
E. Indirect costs are not eligible for reimbursement under this award.
F. The City will maintain all grant -related records at the City offices in accordance with
its normal recordkeeping procedures.
G. The City hereby assures and certifies that it will comply with the regulations, policies,
guidelines and requirements as they relate to the application, acceptance and use of
Federal funds for this federally assisted project. The following Federal regulations
are incorporated by reference into this Agreement (full text can be found at
http://www.ecfr.gov):
1) Administrative Requirements:
2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, in its entirety;
2) Determination of Allowable Costs:
2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, Subpart E; and
3) Audit Requirements:
2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, Subpart F.
4) Code of Federal Regulations/Regulatory Requirements:
2 CFR 182 & 1401, "Government -wide Requirements for a Drug -Free
Workplace";
2 CFR 180 & 1400, "Non -Procurement Debarment and Suspension",
previously located at 43 CFR §42, "Government wide Debarment and
Suspension (Non -Procurement)";
43 CFR Part 18, "New Restrictions on Lobbying";
2 CFR Part 175, "Trafficking Victims Protection Act of 2000";
FAR Clause 52.203-12, Paragraphs (a) and (b), Limitation on Payments to
Influence Certain Federal Transactions; and
2 CFR Part 25, System for Award Management (www.SAM.gov) and Data
Universal Numbering System (DUNS).
Page 139 of 321
H. Cities that expend $750,000 or more during a year in Federal awards shall have a
single or program -specific audit conducted for that year in accordance with the Single
Audit Act Amendments of 1996 (31 U.S.C. §§7501-7507) and 2 CFR Part 200,
Subpart F.
I. The City will comply with Federal competitive procurement requirements for
professional services and subcontractors and will provide documentation of such
compliance upon request.
J. The City will comply with the minimum wage and maximum hours provisions of
the Federal Fair Labor Standards Act.
K. Upon completion of the project, the Secretary of the Interior, the Comptroller General
of the United States, AHPP, and/or any of their duly authorized representatives shall
have access for the purpose of financial or programmatic audit and examination any
books, documents, papers and records of the City that are pertinent to the grant at all
reasonable times during the period of retention provided in 2 CFR §200.334, for at
least three (3) years or until all claims or audit findings have been resolved.
L. The City will comply with the provisions of 18 U.S.C. §1913, Lobbying with
Appropriated Moneys, as amended by Public Law 107-273, Nov. 2, 2002. "No part of
the money appropriated by any enactment of Congress shall, in the absence of express
authorization by Congress, be used directly or indirectly to pay for any personal
service, advertisement, telegram, telephone, letter, printed or written matter, or other
device, intended or designed to influence in any manner a Member of Congress, a
jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or
otherwise, any legislation, law, ratification, policy, or appropriation, whether before
or after the introduction of any bill, measure, or resolution proposing such legislation,
law, ratification, policy, or appropriation; but this shall not prevent officers or
employees of the United States or of its departments or agencies from communicating
to any such Members or official, at his request, or to Congress or such official,
through the proper official channels, requests for legislation, law, ratification, policy,
or appropriations which they deem necessary for the efficient conduct of the public
business, or from making any communication whose prohibition by this section
might, in the opinion of the Attorney General, violate the Constitution or interfere
with the conduct of foreign policy, counter -intelligence, intelligence, or national
security activities. Violations of this section shall constitute violations of section
1352(a) of title 3 L" In addition to the above, the related restrictions on the use of
appropriated funds found in Div. F, §402 of the Omnibus Appropriations Act of 2008
(P.L. 110-161) also apply.
M. The City will comply with all provisions of Executive Order 113858 "Strengthening
Buy American Preferences for Infrastructure Projects" that may apply to the project
that is the subject of this award.
Page 140 of 321
X. PUBLICATIONS. WORK PRODUCT AND PUBLIC INFORMATION
A. An acknowledgment of National Park Service and the Arkansas Historic Preservation
Program support must be made in connection with the publication of any material
based on, or developed under, any activity supported by Historic Preservation Fund
grant funds. This acknowledgment shall be in the form of a statement as follows:
"This material was produced with assistance from the Historic Preservation Fund,
administered by the National Park Service, Department of the Interior and the
Arkansas Historic Preservation Program, an agency of the Division of Arkansas
Heritage. Any opinions, findings, and conclusions or recommendations expressed in
this material are those of the author(s) and do not necessarily reflect the views of the
Department of the Interior or the Division of Arkansas Heritage. "
B. Press releases, publications, and other public dissemination of information by the City
concerning a project made possible by this grant shall acknowledge National Park
Service, Department of the Interior, Arkansas Historic Preservation Program, and
Division of Arkansas Heritage grant support.
C. Posters, brochures, program literature, and publications will include the following
statement: This program receives Federal financial assistance for identification and
protection of historic properties. Under Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of
1975, as amended, the U.S. Department of the Interior prohibits discrimination on the
basis of race, color, national origin, disability or age in its federally assisted
programs. If you believe you have been discriminated against in any program,
activity, or facility as described above, or if you desire further information, please
write to: Office for Equal Opportunity, National Park Service, 1849 C Street NW,
Washington, D.C. 20240.
D. Drafts of all publications, reports, audio-visual material, and other material subject to
distribution, publication, or display must be submitted to AHPP for approval prior to
production, publication, public display or general distribution.
E. Publications, reports, audio-visual material, and other material subject to distribution,
publication, or display will be made accessible to the widest audience possible in
accordance with Title II of the Americans with Disabilities Act (42 U.S.C. §§12132 et
seq.). For more information, guidance is available from the Department of Justice,
Civil Rights Division, Disability Rights Section.
F. The City grants the State of Arkansas and the United States of America a royalty -free,
non-exclusive and irrevocable license to publish, reproduce and use, and dispose of in
any manner and for any purpose without limitation, and to authorize or ratify
publication, reproduction or use by others, of all copyrightable material first produced
or composed under this agreement as complied or produced by the City, its
contractor, its employees or any individual or concern specifically employed or
assigned to originate and prepare such material. Any data, analysis, methodology, or
Page 141 of 321
other information that formed the basis of the work product funded by this grant
award shall be made available to the AHPP and the NPS on request. The City shall
ensure that these rights are secured by any sub -award or sub -agreement funded under
this grant award.
G. All Geographic Information Systems data produced or collected as a part of this grant
funded project must comply with the NPS Cultural Resource Spatial Data Transfer
Standards. Please contact the AHPP for more information.
XI. DEVELOPMENT PROJECTS
A. Any development project funded through this award must obtain appropriate permits
from the City, including approval from the local Historic District Commission, if the
project falls within a local ordinance district and the Commission has jurisdiction.
B. Work funded by this grant award cannot be claimed under the Federal Historic
Preservation Tax Incentives Program. City and any potential subgrantees should
consult with their attorneys or financial advisors about tax or other consequences of
this award or its conditions on project financing.
C. Approvals of project work by AHPP for this grant project are independent of and may
not be substituted for the review and approval of any project or matter under any
other AHPP or National Park Service program.
XII. LIMITATION OF LIABILITY
AHPP assumes no responsibility with respect to accidents, illness or claims arising out of
any work performed under a sub -grant supported project. The City is expected to take
necessary steps to insure itself and its personnel and students and to comply with the
applicable local, State, or Federal safety standards, including those issued pursuant to the
National Occupational Safety and Health Act of 1970 (see 20 CFR Part 1910).
XIIL PROJECT CANCELLATION
Approved projects may be canceled for one or more of the following reasons:
A. The City requests project cancellation.
B. The City fails to pursue project work in a timely fashion or fails to adequately pursue
project objectives in a manner likely to ensure completion of the grant project or
substantial spend -down of the grant award within the grant term.
D. Project work or project administration is found not to be in conformance with
conditions as stated in the grant agreement and appendices.
Page 142 of 321
XIV. AMENDMENTS
This agreement may be amended upon written request and approval by both parties.
XV. APPENDICES
The following appendices are hereby incorporated into this agreement by this reference.
Page 143 of 321
SIGNATURES
Scott Kaufman
Agency Director, AHPP
State Historic Preservation Officer
1100 North Street
Little Rock, Arkansas 72201
Date
io
City of Fayetteville Signature
Name (printed)
Title
Date
Page 144 of 321
APPENDIX A: Historic Resources Survey and Documentation
The production of surveys of historic structures, sites, etc., funded under this grant
agreement will meet the following minimum standards, as applicable:
A. CITY'S RESPONSIBILITIES
The City will ensure that any request for proposals (RFP), request for
qualifications (RFQ), or other bid solicitation and any contract for survey and
documentation services funded under this agreement includes duties and tasks
as described in this appendix.
2. The City will submit a copy of any proposed RFQ, RFP, or other bid
solicitation for a project funded under this agreement to AHPP prior to
publication of the announcement or request for review and approval and will
not publish such announcement or request until comments been received from
AHPP. A copy of the final announcement or request and proof of its
publication or transmission to qualified professional will be provided to
AHPP.
3. The City will submit a copy of any proposed contract and the name and vita of
the contractor selected for services funded under this agreement to AHPP for
review, prior to execution of the contract, and will not execute the contract
until approval has been received from AHPP. A copy of the final executed
contract will be provided to AHPP.
4. The City will contact the AHPP National Register staff to consult on the
advisability of historic sites survey work in the proposed area, proposed
boundaries for the survey work, etc., prior to engaging a contractor for survey
work funded under this agreement.
5. The City will ensure that the contractor responsible for survey and
documentation services funded under this agreement meets the Secretary of
the Interior's Professional Qualification Standards (see Appendix F) in
History and/or Architectural History and/or, when applicable, Archaeology or
Historic Landscape Architecture.
B. CONTRACTOR'S RESPONSIBILITES
Prior to commencing any work under the contract, any contractor who has not
attended a training on the required procedures for historic sites surveys taught
by the AHPP National Register Survey staff within five (5) years prior to the
survey initiation date must attend a training class on the procedures required
for historic site survey. This one -day class, at the offices of AHPP, will train
the contractor in the proper and thorough completion of Arkansas
Page 145 of 321
Architectural Resources Forms, photography requirements, mapping, and
compilation of the finished product.
2. Prior to commencing any work under the contract, the Contractor, regardless
of the date of his or her last training, must contact the AHPP National
Register Survey staff to determine whether changes to required historic site
survey procedures have changed since the contractor last attended a training.
If the AHPP National Register Survey staff determines that the Contractor's
attendance at an additional training class is advisable, the contractor must
attend a training class on the procedures required for historic sites surveys
prior to the initiation of any fieldwork under the contract.
3. The contractor must comply with the standards and procedures set forth in the
AHPP Survey Manual in carrying out the contract work and in completion of
the final product.
4. The contractor must design and complete the survey and produce a survey
report in accordance with the National Park Service Historic Preservation
Fund Grants Manual Chapter 6, Section H, 2a-e and 3b and/or d as applicable
and the Secretary of the Interior's Standards for Identification for Intensive
Surveys (see at https: //www. nps. gov/histogllocal-law/arch stnds_0. htm).
The survey report should, at minimum, contain the following elements:
• Survey methodology
• A brief historic context specific to the area surveyed
• A brief overview of historic resource types within the area
surveyed
• Maps outlining the boundaries of the area surveyed
• Tables listing addresses or other location information of properties
surveyed, resource numbers supplied by AHPP, and data relevant
to evaluation of National Register eligibility, such as date of
construction, property condition and architectural integrity, vacant
lots, etc.
• Maps locating properties by resource number and address
• Language collected on Arkansas Architectural Resources Forms
should be provided with the survey report in an organized,
sortable, searchable, digital format, such as a database,
spreadsheet, GIS data, or similar data file.
5. The contractor must complete an Arkansas Architectural Resources Form and
provide site plans for each resource in the field.
6. The contractor must provide, on the Arkansas Architectural Resources Form,
information specific to the property for which the survey form is prepared
Page 146 of 321
summarizing its history and any obvious changes to the building that appear to
have occurred since its construction.
7. The contractor will take color digital photographs of each resource in the
field. At the very minimum the photographs should show all facades of each
building. In addition, representative streetscape photographs will be provided
by the Contractor. These photographs will be submitted with the final survey
product in both electronic and print form.
8. The contractor will provide UTM coordinates for each property.
9. To ensure efficient production of a quality product and to reduce the burden of
repeated reviews, in projects involving inventory and documentation of more
than 30 properties, the contractor will provide drafts of at least 10 completed
Arkansas Architectural Resources Forms to the AHPP National Register
Survey staff for review prior to completion and submittal of all Arkansas
Architectural Resources Forms. AHPP staff will review draft forms and
return comments to the contractor within 14 business days of receipt of the
draft forms.
10. The contractor will provide copies of any ancillary work product or
information compiled or generated by the contractor in the course of carrying
out the historic site survey or form completion, including but not limited to
archival research, and photographs, to AHPP on request.
11. The contractor will grant the City, the State of Arkansas, and the United States
of America a royalty -free, non-exclusive and irrevocable license to publish,
reproduce and use, and dispose of in any manner and for any purpose without
limitation, and to authorize or ratify publication, reproduction or use by
others, of all copyrightable material first produced or composed under this
Agreement by the contractor, its employees or any individual or concern
specifically employed or assigned to originate and prepare such material.
12. The contractor must be able to adhere to set deadlines and provide initial and
completed surveys by the dates set forth in contract documents.
13. The contractor will provide own transportation and equipment.
14. For resurvey work, a copy of the previous survey form must be attached to the
new survey form for each property.
15. The contractor will provide one full -color copy and one digital copy of the
final survey report and forms to the City and one full -color printed copy and
two digital copies of the survey report and forms to AHPP.
Page 147 of 321
C. AHPP RESPONSIBILITIES
1. AHPP will provide Arkansas Architectural Resources Forms and Ancillary
Structures Forms to the contractor as necessary for project completion.
2. AHPP will provide access to survey files and copies of previous survey work
as necessary for project completion.
3. AHPP will provide resource numbers to the contractor as necessary for project
completion.
4. AHPP will provide a one -day training class at the AHPP offices in Little Rock
on the procedures required for historic site surveys. This class will train the
contractor in the proper and thorough completion of Arkansas Architectural
Resources Forms, photography requirements, mapping, and compilation of the
finished product.
5. AHPP will provide technical assistance to the contractor as necessary for
project completion.
Page 148 of 321
APPENDIX B: National Register
of Historic Places Nominations
The production of nominations of historic structures, sites, etc., for listing on the National
Register of Historic Places funded under this grant agreement will meet the following
minimum standards, as applicable:
A. CITY'S RESPONSIBILITIES
The City will ensure that any request for proposals (RFP), request for
qualifications (RFQ), or other bid solicitation and any contract for services
funded under this agreement includes duties and tasks as described in this
appendix.
2. The City will submit a copy of any proposed RFQ, RFP, or other bid
announcement for a project funded under this agreement to AHPP prior to
publication of the announcement or request for review and will not publish
such announcement or request until approval has been received from AHPP.
A copy of the final announcement or request and proof of its publication or
transmission to qualified professional will be provided to AHPP.
3. The City will submit a copy of any proposed contract and the name and vita of
the contractor selected for services funded under this agreement to AHPP for
review prior to execution of the contract, and will not execute the contract
until approval has been received from AHPP. A copy of the final executed
contract will be provided to AHPP.
4. The City will contact the AHPP National Register staff to consult on the
advisability of preparation and submission of National Register of Historic
Places nominations prior to engaging a contractor for preparation of
nominations funded under this agreement.
5. The City will ensure that the contractor responsible for survey and
documentation services funded under this agreement meets the Secretary of
the Interior's Professional Qualification Standards (see Appendix F) in
History and/or Architectural History and/or, when applicable, Archaeology or
Historic Landscape Architecture.
B. CONTRACTOR'S RESPONSIBILITIES
It is required that the contractor complete a National Register of Historic
Places nomination form for the historic property or properties in compliance
with all applicable AHPP or National Park Service standards and guidance for
nomination form completion.
Page 149 of 321
2. The contractor will take color digital photos of the historic property in the
field. In the case of a proposed historic district, representative streetscape
photos will be provided by the Contractor. All photographs submitted must
meet the National Park Service standards in the "National Register Photo
Policy Factsheet."
3. The contractor will label all photographs to be included with the completed
National or Arkansas Register of Historic Places nomination according to the
National Park Service instructions.
4. The contractor will also need to locate the property on a United States
Geological Survey Map and provide UTM coordinates for the historic
property or district.
5. The contractor will be responsible for on -site presentation of information
sufficient to fully support a recommendation for or against listing of the
proposed historic district or property to the AHPP State Review Board at the
earliest meeting following completion and staff approval.
6. Any contractor who has not submitted an accepted National Register of
Historic Places form in the last five (5) years must attend a training class on
completing National or Arkansas Register of Historic Places nomination
forms. This one -day class, at the offices of AHPP, will train the contractor in
the proper and thorough completion of National Register of Historic Places
nomination forms, photography requirements, mapping, and compilation of
the finished product.
7. The contractor will provide copies of any ancillary work product or
information compiled or generated by the contractor in the course of preparing
the nomination, including but not limited to property data, databases, archival
research, and photographs, to AHPP on request.
8. The contractor will grant the City, the State of Arkansas, and the United States
of America a royalty -free, non-exclusive and irrevocable license to publish,
reproduce and use, and dispose of in any manner and for any purpose without
limitation, and to authorize or ratify publication, reproduction or use by
others, of all copyrightable material first produced or composed under this
agreement by the contractor, its employees or any individual or concern
specifically employed or assigned to originate and prepare such material.
9. The contractor must be able to comply with deadlines and provide initial and
completed nominations by the dates set forth in the contract between the City
and the Contractor.
Page 150 of 321
10. The contractor will provide his or her own transportation and any equipment
necessary to completion of the nomination forms and presentation to the
Arkansas State Review Board.
11. The contractor must work outside in extreme temperatures and provide proper
attire for the weather conditions.
12. The contractor will perform all services and provide all materials to be produced
under the contract in consultation with AHPP.
13. The contractor will conduct meetings with AHPP as required to complete the
project.
14. The contractor will provide one full -color printed final clean copy nomination
and attachments, including digital photographs, and one digital copy of any
nominations created to the City and three full -color printed copies of the final
clean copy nomination and attachments, including digital photographs, and two
digital copies of any nominations to AHPP.
C. AHPP RESPONSIBILITIES
1. AHPP will provide access to any previously completed architectural resource
forms in its possession for all buildings included in the contract for services.
2. AHPP will provide a one -day training class at the AHPP offices in Little Rock
contractor on the proper and thorough completion of National Register of
Historic Places nomination forms, photography requirements, mapping, and
compilation of the finished product.
3. AHPP will provide technical assistance to the contractor as necessary for
project completion.
Page 151 of 321
APPENDIX C: Design Guidelines and Preservation Plans
Preparation of design guidelines and/ or preservation plans funded under this grant
agreement will meet the following minimum standards, as applicable:
A. CITY'S RESPONSIBILITIES
1. The City will ensure that any request for proposals (RFP), request for
qualifications (RFQ), or other bid solicitation and any contract for services
funded under this agreement include duties and tasks as described in this
appendix.
2. The City will submit a copy of any proposed RFQ, RFP, or other bid
announcement for a project funded under this agreement to AHPP prior to
publication of the announcement or request for review and will not publish
such announcement or request until approval has been received from AHPP.
A copy of the final announcement or request and proof of its publication or
transmission to qualified professional will be provided to AHPP.
3. The City will submit a copy of any proposed contract and the name and vita of
the contractor selected for services funded under this agreement to AHPP for
review prior to execution of the contract, and will not execute the contract
until approval has been received from AHPP. A copy of the final executed
contract will be provided to AHPP.
4. The City will submit a draft copy of the design guidelines to AHPP for
review, comments, and approval prior to printing, and will not give final
approval to the product or proceed with final printing of the document until
approval has been received by AHPP.
5. The City will ensure that any contractor engaged to prepare design guidelines
funded under this agreement meets the Secretary of the Interior's Standards
for Professional Qualifications (see Appendix F) as an Architectural Historian,
a Historic Preservation Planner, or a Historic Preservationist with experience
equivalent to one or both those professions. Any contractor engaged to
prepare a preservation plan must be qualified as a Historic Preservation
Planner or a Historic Preservationist with experience equivalent to a
Preservation Planner.
B. CONTRACTOR'S RESPONSIBILITIES
1. The contractor will design and complete a preservation plan or plans, when
applicable, in accordance with the Secretary of the Interior's Standards and
Guidelines for Preservation Planning (see at Article Series (U.S. National
Park Service) (Lips. og_v) ).
Page 152 of 321
2. The contractor will draft design guidelines, when applicable, that include, at
minimum:
a. A summary of the City's ordinances, procedures, and bylaws relating
to work regulated by the City's Historic District Commission;
b. Maps describing the boundaries of any local or National Register
historic districts in which work is regulated under authority of the
Arkansas Historic Districts Act, A C.A. § 14-172-201, et seq., and
local ordinance.
c. A list of addresses within such historic districts;
d. A history of the City as it provides historic context for any such local
historic districts, National Register of Historic Places districts, or the
City as a whole;
e. An overview of the architectural styles prevalent in the local historic
districts within the period of significance as described in the most
recent historic resources survey and/or nomination previously
approved by the City's Historic District Commission;
f. The text of the Secretary of the Interior's Standards for Rehabilitation,
as codified at 36 CFR 68.
g. Illustrated design guidance addressing appropriate rehabilitation of and
additions to historic structures and sites and construction or
development of appropriate infill structures and sites that addresses all
historic architectural styles, periods, and methods of construction
specific to the local districts.
3. The contractor will provide copies of any ancillary work product or
information compiled or generated by the contractor in the course of preparing
work product on any project funded through this grant agreement, including
but not limited to property data, databases, archival research, and photographs,
to AHPP on request.
4. The contractor will grant the City, the State of Arkansas, and the United States
of America a royalty -free, non-exclusive and irrevocable license to publish,
reproduce and use, and dispose of in any manner and for any purpose without
limitation, and to authorize or ratify publication, reproduction or use by
others, of all copyrightable material first produced or composed under this
agreement by the contractor, its employees or any individual or concern
specifically employed or assigned to originate and prepare such material.
5. The contractor must be able to comply with deadlines and provide initial and
completed deliverables by the dates set forth in the contract between the City
and the Contractor.
6. The contractor will provide one full -color printed final clean copy of the design
guidelines and/or preservation plan and attachments and one digital copy of the
design guidelines and/or preservation plan and attachments created to the City
and one full -color printed copies and one digital copy to AHPP.
Page 153 of 321
C. AHPP RESPONSIBILITIES
AHPP will provide access to survey files and copies of previous survey work
as necessary for project completion.
2. AHPP will provide access to any nominations or other background research or
information relevant to the project as necessary for project completion.
Page 154 of 321
APPENDIX D: Rehabilitation Work to Historic Properties
Projects for rehabilitation work to historic properties funded under this grant agreement
will meet the following minimum standards, as applicable:
A. CITY'S RESPONSIBILITIES
The City will ensure that any request for proposals (RFP), request for
qualifications (RFQ), or other bid solicitation and any contract for services
funded under this agreement includes duties and tasks as described in this
appendix.
2. The City will submit a copy of any proposed RFQ, RFP, or other bid
announcement for a project funded under this agreement to AHPP prior to
publication of the announcement or request for review and will not publish
such announcement or request until approval has been received from
AHPP. A copy of the final announcement or request and proof of its
publication or transmission to qualified professional will be provided to
AHPP.
3. The City will submit a copy of any proposed contract and the name and
vita of the contractor selected for services funded under this agreement to
AHPP for review prior to execution of the contract, and will not execute
the contract until approval has been received from AHPP. A copy of the
final executed contract will be provided to AHPP.
4. Architects/Engineers/Contractors must have the requisite experience and
training in historic preservation or relevant field to oversee investigation,
design and project work, as determined in consultation with AHPP. See
Appendix F.
5. The City will submit plans and specifications to AHPP for all proposed
work that is part of any project funded by this grant that would make any
material alteration in any feature of any property listed on or eligible for
listing on the National Register of Historic Places, either individually or as
a contributing feature in a district. The City will not begin any such work
until approval has been granted by AHPP.
a. A site plan that has the north direction clearly marked
b. A city/county map with the site of the property clearly labeled
c. Set of plans and specifications for the project
d. Photographs (or digital images) of all exterior elevations of the
building or site, with views identified and oriented and keyed to the
site plan.
Page 155 of 321
e. Interior photographs of all major rooms and those involved in the
project, labels, and keyed to a floor plan
f. Any additional information that will better enable a technical review
of the project to be completed like historic photographs, historic
structurereports, building studies, etc.
6. The City will ensure that the Contractor performs all work in compliance
with the plans and specifications as approved by AHPP.
7. All projects must comply with the Americans with Disabilities Act, the
Architectural Barriers Act, and the Rehabilitation Act of 1973.
8. All products and projects must comply with the applicable Secretary of the
Interior's Standards for Rehabilitation. The Standards are:
1. A property shall be used for its historic purpose or be placed in a new
use that requires minimal change to the defining characteristics of the
building and its site and environment.
2. The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces that
characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
S. Distinctive features, finishes, and construction techniques or examples
of craftsmanship that characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture, and
other visual qualities and, where possible, materials. Replacement of
missing features shall be substantiated by documentary, physical, or
pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause
damage to historic materials shall not be used. The surface cleaning of
structures, if appropriate, shall be undertaken using the gentlest means
possible.
Page 156 of 321
8. Significant archeological resources affected by a project shall be
protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall
not destroy historic materials that characterize the property. The new
work shall be differentiated from the old and shall be compatible with the
massing, size, scale, and architectural features to protect the historic
integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future, the essential
form and integrity of the historic property and its environment would be
unimpaired.
B. CONTRACTOR'S RESPONSIBILITIES
The Contract will perform all work in compliance with the plans and
specifications as approved by AHPP.
2. All products and projects must comply with the applicable Secretary of the
Interior's Standards for Rehabilitation. The Standards are:
1. A property shall be used for its historic purpose or be placed in a
new use that requires minimal change to the defining characteristics of
the building and its site and environment.
2. The historic character of a property shall be retained and
preserved. The removal of historic materials or alteration of features
and spaces that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and
preserved.
S. Distinctive features, finishes, and construction techniques or
examples of craftsmanship that characterize a property shall be
preserved.
Page 157 of 321
6. Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement of
a distinctive feature, the new feature shall match the old in design,
color, texture, and other visual qualities and, where possible,
materials. Replacement of missing features shall be substantiated by
documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause
damage to historic materials shall not be used. The surface cleaning of
structures, if appropriate, shall be undertaken using the gentlest
means possible.
8. Significant archeological resources affected by a project shall be
protected and preserved. If such resources must be disturbed,
mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property. The
new work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect the
historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired.
3. The contractor will provide copies of any ancillary work product or
information compiled or generated by the contractor in the course of
preparing work product on any project funded through this grant
agreement, including but not limited to property data, databases, archival
research, and photographs, to AHPP on request.
4. The contractor will grant the City, the State of Arkansas, and the United
States of America a royalty -free, non-exclusive and irrevocable license to
publish, reproduce and use, and dispose of in any manner and for any
purpose without limitation, and to authorize or ratify publication,
reproduction or use by others, of all copyrightable material first produced
or composed under this agreement by the contractor, its employees or any
individual or concern specifically employed or assigned to originate and
prepare such material.
5. The contractor must be able to comply with deadlines set forth in the
contract between the City and the Contractor.
Page 158 of 321
6. The contractor must erect a project sign acknowledging the assistance of the
Department of the Interior, the National Park Service, the Department of
Arkansas Heritage, and the AHPP at the project site. This sign will be
provided by the AHPP.
C. AHPP RESPONSIBILITIES
1. AHPP will provide access to any previously completed architectural
resource forms or architectural plans in its possession for all buildings
included in the contract for services.
2. AHPP will review and approve or comment on all plans and specifications
submitted by the City within 14 business days of submission of plans and
specifications that allow for a clear and complete understanding of the
scope and detail of the project.
3. AHPP will provide technical assistance to the contractor as necessary for
project completion.
s
Page 159 of 321
APPENDIX E: Other Consultant Contracts and Products
All other types of projects funded under this grant agreement will meet the following
minimum standards, as applicable:
A. CITY'S RESPONSIBILITIES
1. The City will ensure that any request for proposals (RFP), request for
qualifications (RFQ), or other bid solicitation and any contract for services
funded under this agreement includes duties and tasks as described in this
contract and appendix.
2. The City will submit a copy of any proposed RFQ, RFP, or other bid
announcement for a project funded under this agreement to AHPP prior to
publication of the announcement or request for review and will not publish
such announcement or request until approval has been received from
AHPP or seven (7) business days have elapsed since the date on which the
proposed announcement or request has been received by AHPP. A copy of
the final announcement or request and proof of its publication or
transmission to qualified professional will be provided to AHPP.
The City will submit a copy of any proposed contract and the name and
vita of the contractor selected for services funded under this agreement to
AHPP for review, prior to execution of the contract, and will not execute
the contract until approval has been received from AHPP or seven (7)
business days have elapsed since the date on which the proposed contract
has been received by AHPP. A copy of the final executed contract will be
provided to AHPP.
4. The City will ensure that any contractor engaged for work funded under
this agreement meets the applicable Secretary of the Interior's Historic
Preservation Professional Qualification Standards (see Appendix F) as
determined in consultation with AHPP.
5. The City will ensure that all project work and work products meet all
applicable Secretary of the Interior's "Standards" including: 1) Standards
and Guidelines for Preservation Planning, 2) Standards and Guidelines for
Identification, 3) Standards and Guidelines for Evaluation, 4) Standards
and Guidelines for Registration, 5) Standards and Guidelines for Historical
Documentation, 6) Standards and Guidelines for Architectural and
Engineering Documentation, 7) Standards and Guidelines for
Archeological Documentation, 8) Standards for the Treatment of Historic
Properties, 9) Standards and Guidelines for the Rehabilitation of Historic
Buildings, and 10) Historic Preservation Professional Qualification
Page 160 of 321
Standards.
B. CONTRACTOR'S RESPONSIBILITES
The contractor will ensure that all project work and work products meet all
applicable Secretary of the Interior's "Standards" including: 1) Standards
and Guidelines for Preservation Planning, 2) Standards and Guidelines for
Identification, 3) Standards and Guidelines for Evaluation, 4) Standards
and Guidelines for Registration, 5) Standards and Guidelines for Historical
Documentation, 6) Standards and Guidelines for Architectural and
Engineering Documentation, 7) Standards and Guidelines for
Archeological Documentation, 8) Standards for the Treatment of Historic
Properties, 9) Standards and Guidelines for the Rehabilitation of Historic
Buildings, and 10) Historic Preservation Professional Qualification
Standards.
2. The contractor will provide copies of any ancillary work product or
information compiled or generated by the contractor in the course of
carrying out the contract, including but not limited to archival research,
and photographs, to AHPP on request.
3. The contractor will grant the City, the State of Arkansas, and the United
States of America a royalty -free, non-exclusive and irrevocable license to
publish, reproduce and use, and dispose of in any manner and for any
purpose without limitation, and to authorize or ratify publication,
reproduction or use by others, of all copyrightable material first produced
or composed under this agreement by the contractor, its employees or any
individual or concern specifically employed or assigned to originate and
prepare such material.
4. The contractor must be able to adhere to set deadlines as set forth in
contract documents.
5. The contractor will provide own transportation and equipment.
6. The contractor will provide one full -color copy and one digital copy of the
work product, as applicable, to the City and one full -color printed copy
and two digital copies of the work product, as applicable, to AHPP.
C. AHPP RESPONSIBILITIES
AHPP will provide Arkansas Architectural Resources Forms and
Ancillary Structures Forms to the contractor as necessary for project
completion.
Page 161 of 321
2. AHPP will provide access to survey files and copies of previous survey
work as necessary for project completion.
3. AHPP will provide resource numbers to the contractor as necessary for
project completion.
4. AHPP will provide access to other AHPP files to the contractor as
necessary for project completion.
AHPP will provide technical assistance to the contractor as necessary for project completion.
Page 162 of 321
Appendix F: The Secretary of the Interior's Historic Preservation
Professional Qualification Standards
The Secretary of the Interior's Professional Qualification Standards were defined and officially adopted in
1983 (48 FR 44716, September 29) by the National Park Service, Department of the Interior, and the
Secretary of the Interior's Historic Preservation Professional Qualification Standards were expanded and
revised in 1997 (62 FR 33708, June 20) in response to amendments in the National Historic Preservation
Act, but were not formally adopted for federal regulatory purposes. See https://www.doi.goy/pam/asset-
management/historic-preservation/pgs for more information.
The 1997 revisions update the professional qualification standards written in 1983 and add definitions for
seven other historic preservation disciplines that appear in the National Historic Preservation Act.
The 1997 version also provides guidance on how to measure qualifying credentials that was lacking in the
1983 Standards. In the 1997 version, this information is provided in a standardized format that provides
examples of the academic degrees, work and academic products, and professional activities that would qualify
a professional in a particular discipline.
Because the 1997 Standards give the clearest description of the current understanding of what a qualified
professional is in each of the disciplines described in the National Historic Preservation Act, AHPP uses them
as guidance on judging the qualifications of contractors or consultants working on projects funded by
AHPP's CLG grant agreements. It is important to note that these are not intended to be requirements for
ALL consultants or contractors working on a project, lead as well as entry-level. However, each project must
contain a person in a lead, responsible project role with the requisite expertise.
Page 163 of 321
CITY OF
POW,
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Jared Rabren, Airport Director
DATE: March 13, 2023
SUBJECT: Creamer Pilot Services, LLC lease agreement
CITY COUNCIL MEMO
2023-547
RECOMMENDATION:
The Aviation Division requests approval and signature of the Mayor on a lease agreement between the City of
Fayetteville and Creamer Pilot Services, LLC for office space and corporate hangar space.
BACKGROUND:
Creamer Pilot Services, LLC operates a Part 135 charter service offering private air charter and aircraft
management. Creamer Pilot Services, LLC operates multiple jets from Drake Field and employs 10+
employees.
DISCUSSION:
Creamer Pilot Services, LLC would like to continue to lease the corporate hangar space and office space for
their Part 135 charter service.
BUDGET/STAFF IMPACT:
The lease will provide $64,939.20 in revenue annually to the airport.
ATTACHMENTS: Creamer Pilot Services, LLC SRF, Creamer Pilot Services, LLC lease agreement
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 164 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-547
Creamer Pilot Services, LLC lease agreement
A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH CREAMER PILOT
SERVICES, LLC FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AND
CORPORATE HANGAR SPACE AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE
AMOUNT OF $5,411.60 PER MONTH
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 three year
lease agreement with Creamer Pilot Services, a copy of which is attached to this Resolution and made a
part hereof, for office space in the Airport Terminal Building and corporate hangar space for rent in the
amount of $5,411.30 per month.
Page 1
Page 165 of 321
Jared Rabren
Submitted By
City of Fayetteville Staff Review Form
2023-547
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/13/2023 AIRPORT SERVICES (760)
Submitted Date Division / Department
Action Recommendation:
The Aviation Division requests approval and signature of the Mayor on a lease agreement between the City of
Fayetteville and Creamer Pilot Services, LLC for office space and corporate hangar space.
Budget Impact:
Account Number
Project Number
Budgeted Item? No Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
$
V20221130
Previous Ordinance or Resolution # 230-2u
Approval Date:
9/15/2020
Page 166 of 321
LEASE AGREEMENT
This LEASE AGREEMENT made this day of , 2023, by and
between the City of Fayetteville, Arkansas, hereinafter called "City", and Creamer Pilot Services,
LLC, 4500 S School Ave Ste. M, Fayetteville, AR 72701, 479-841-4262, hereinafter called
"Creamer Pilot Services, LLC."
WHEREAS, City is the owner of an airport known as the Fayetteville Airport, Drake Field, herein
referred to as the "Airport"; and
WHEREAS, City is the owner of an aircraft hangar and office space at the Airport; and
WHEREAS, Creamer Pilot Services, LLC desires to lease said corporate aircraft hangar and
office space,
NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein,
hereby agree as follows:
1. City leases to Creamer Pilot Services, LLC , and Creamer Pilot Services, LLC leases from
City, approximately 18,750 sq. ft.. of corporate hangar space and 2730 sq. ft. of office space in the
Terminal Building located at 4500 S. School Ave, Fayetteville, Arkansas, as reflected on "Exhibit
A" attached hereto and made a part hereof.
2. Creamer Pilot Services, LLC is granted the use, in common with others similarly authorized,
of the airport, together with all facilities, equipment, improvements, and services which have been,
or may hereafter, be provided at, or in connection with the Airport from time to time including,
but not limited to, the landing field, and any extensions hereof or additions thereto, roadways,
runways, ramps, aprons, taxiways, flood lights, landing lights, beacons, control tower, signals,
radio aids, and all other conveniences for flying, landings and take -offs.
3. Creamer Pilot Services, LLC shall have at all times the full and free right in ingress to and
egress from the demised premises and facilities referred to herein for Creamer Pilot Services,
LLC, its employees, customers, passengers, guests, and other invitees. Such rights shall also
extend to persons or organizations supplying materials or furnishing services to Creamer Pilot
Services, LLC.
4. Term: Subject to earlier termination as hereinafter provided, the initial term of this agreement
shall be for THREE YRS (3) year(s) commencing on the day of 2023, and
ending on the day of 2026.
This Lease Agreement may be terminated by either party with a sixty (60) day written notice.
Page 167 of 321
5. Rent: Creamer Pilot Services, LLC agrees to pay the City for the use of the premises,
facilities, rights, and privileges granted hereunder the sum of. FIVE THOUSAND FOUR
HUNDRED AND ELEVEN DOLLARS AND SIXTY CENTS ($5 411 60) per month until
expiration.
The initial lease payment is due and payable upon execution of this Lease Agreement, and all
subsequent monthly lease payments shall be payable in advance on, or before, the 1 St day of each
month. In addition to any remedy available to it hereunder, the City may impose as additional
rentals a delinquency charge on all overdue payments, at the maximum rate allowed by law.
6. City shall maintain and keep in good repair so much of the Airport premises as are not under
the exclusive control of Creamer Pilot Services, LLC. Creamer Pilot Services, LLC shall, at
the termination, surrender or forfeiture of this lease, return said premises in same or better
condition premises were at the beginning of the lease, normal wear and tear excepted.
7. Creamer Pilot Services, LLC shall provide for and supply at its expense all janitor service
with respect to the demised premises, and shall pay for all utilities serving the demised premises,
including, but not limited to heat, light, gas, electricity, and water, sewer and trash removal.
8. Improvements: Creamer Pilot Services, LLC shall bear the cost of all improvements or
additions made to the interior or exterior of the building on the leased premises. No improvements
or additions to any part of the leased premises shall be made by Creamer Pilot Services, LLC
without the prior written approval of the Airport Manager, whose consent will not be unreasonably
withheld. Any signs or antennas to be erected on or attached to the leased premises must have the
prior written approval of the Airport Manager and conform to all City Ordinances.
9. Maintenance: The City shall be responsible only for major maintenance of the existing
equipment, i.e. replacement of heating unit and other equipment in place in the facility which
includes, roof, hangar door motors, exterior walls, exterior plumbing, paved ramp and paved
parking lot. The City agrees that if the roof or any part of the exterior walls or exterior plumbing
of said building thereof shall become defective or damaged at any time during the term due to
ordinary wear and tear and not due to negligence of Creamer Pilot Services, LLC, or Creamer
Pilot Services, LLC agents or invites, upon notice from Creamer Pilot Services, LLC, the City
will immediately cause repairs to be made and restore the defective portions to good condition. If
the damage is so extensive as to render such building untenable, the rent payable hereunder shall
be proportionally paid up to the time of such damage and shall thenceforth cease until such time
as the premises shall be fully restored. If the demised premises are completely destroyed, City
may reconstruct the hangar at the City's own cost and the rent payable hereunder shall be adjusted
as set forth above, or City may, at its option, cancel this agreement, such cancellation to be
effective as of the date the hangar was destroyed, and the rent adjusted as set forth above. Routine
maintenance of the hangar doors shall remain the responsibility of the City. Creamer Pilot
Services, LLC shall not make any alterations to the controls of the hangar doors.
10. Creamer Pilot Services, LLC agrees to observe and obey City's Ordinances and Regulations
2
Page 168 of 321
with respect to use of the demised premises and Airport; provided, however, such Ordinances and
Regulations shall be consistent with safety and with all city, county, and state rules, regulations,
including all current fire codes, and orders of the Federal Aviation Administration with respect to
aircraft operations at the Airport, and provided further, such Ordinances and Regulations shall be
consistent with the provisions of this agreement or the procedures prescribed or approved from
time to time by the Federal Aviation Administration with respect to the operation of Creamer
Pilot Services, LLC aircraft at the Airport.
"The Minimum Standards for Fayetteville Executive Airport, Drake Field" herein referred to as
Airport Minimum Standards are made part of this lease by reference as if included word for word.
11. Creamer Pilot Services, LLC agrees that it shall use the premises for the implementation and
conducting of an aeronautical business activity. Creamer Pilot Services, LLC agrees that it shall
use the premises only for the storage of airplanes and materials and equipment necessarily related
to the operation of said aeronautical business activity and that no other vehicles, equipment or
supplies shall be stored on the premises unless expressly agreed to by the City. Creamer Pilot
Services, LLC further agrees not to store any flammable material on the demised premises, other
than a limited supply of oils and agents necessary for current aircraft maintenance and repair, or
in any way endanger or violate the provisions of the City's standard commercially available
property insurance policy or the requirements of same. Such violations shall constitute a material
breach of this Agreement.
12. Hazardous Substance: Creamer Pilot Services, LLC shall not cause or permit any
Hazardous Substance to be used or stored on or in the Leased Premises without first obtaining the
City's written consent. If hazardous Substances are used, stored, generated, or disposed of on or
in the Leased Premises or if the Leased Premises or any other Airport property becomes
contaminated in any manner for which Creamer Pilot Services, LLC is responsible or legally
liable, Creamer Pilot Services, LLC shall indemnify and hold harmless the City, its officers,
directors, agents, servants, and employees from any and all claims, damages, fines, judgments,
penalties, costs, liabilities, or losses including all reasonable costs for investigation and defense
thereof, (including but not limited to attorney's fees, court costs, and expert fees, and without
limitation, decrease in value of the Lease Premises, damages caused by loss or restriction of
rentable or usable space as a part of the Leased Premises arising during or after the term hereof
and arising as a result of that contamination by Creamer Pilot Services, LLC, Creamer Pilot
Services, LLC agents, employees, and invitees. This indemnification includes, without limitation,
all cost incurred because of any investigation of the Airport or any cleanup, removal, or restoration
mandated by a federal, state, local agency or political subdivision.
13. If the demised premises are partially damaged by fire or other casualty which is not due to the
negligence or fault of Creamer Pilot Services, LLC, said premises shall be repaired with due
diligence by City at City's expense. If the damage is so extensive as to render such building
untenable, the rent payable hereunder shall be proportionally paid up to the time of such damage
and shall thenceforth cease until such time as the premises shall be fully restored. If the demised
premises are completely destroyed, City may reconstruct the hangar at the City's own cost and the
rent payable hereunder shall be adjusted as set forth above, or City may, at its option, cancel this
3
Page 169 of 321
agreement, such cancellation to be effective as of the date the hangar was destroyed, and the rent
adjusted as set forth above.
14. Creamer Pilot Services, LLC shall maintain in force during the Term and any extended term
public liability and property damage insurance in comprehensive form as reasonably may be
required by the City and specified in the Airport Minimum Standards. The insurance shall be
issued by an insurer licensed to do business in the State of Arkansas.
Concurrent with the execution of this Agreement, Creamer Pilot Services, LLC shall provide
proof of insurance coverage by providing a Certificate of Lessee's Insurance coverage, a copy of
the declarations page on the insurance policy, and a copy of all endorsements. The Certificates of
Insurance, or endorsements attached thereto, shall provide that; (a) insurance coverage shall not
be canceled, changed in coverage, or reduced in limits without at least thirty (30) days prior written
notice to the City: (b) the City and the Airport and their trustees, agents, officers, servants, and
employees are named as additional insured: (c) the policy shall be considered primary as regards
to any other insurance coverage the City may possess, including any self -insured retention or
deductible the City may have, and any other insurance coverage the City may possess shall be
considered excess insurance only; (d) the limits of liability required therein are on an occurrence
basis.
15. Creamer Pilot Services, LLC agrees to indemnify City against any and all liabilities, losses,
suits, claims, judgments, fines, penalties, demands or expenses, including all reasonable costs for
investigation and defense thereof, (including but not limited to attorney's fees, court costs, and
expert fees, for injuries to persons or damage to property caused by Creamer Pilot Services, LLC
use or occupancy of the lease premises; provided, however, that Creamer Pilot Services, LLC
shall not be liable for any injury, damage or loss arising from the negligence of City or its agents
or employees; and provided further, that each party shall give prompt and timely notice of any
claim made or suit instituted which in any way directly or indirectly affects or might affect either
party, and each party shall have the right to compromise and defend the same to the extent of its
own interest. This clause shall not be construed to waive that tort immunity as set forth under
Arkansas Law.
16. Creamer Pilot Services, LLC agrees that it will not discriminate by segregation or otherwise
against any person or persons because of race, creed, color, religion, national origin, sex, marital
status, or handicap in the furnishing, or by refusing to furnish, to such persons the use of any
facility, including any and all services, privileges, accommodations, and activities provided
thereby. Nothing herein shall require the furnishing to the general public of the use of any facility
customarily furnished by the City solely to tenants, their employees, customers, patients, client,
guests, and invites.
17. Assigning, Subletting and Encumbering. Creamer Pilot Services, LLC shall not assign this
Agreement in whole or in part, nor sublease all or any part of the Leased Premises, nor permit
other persons to occupy said Leased Premises or any part thereof, not grant any license or
concession for all or any part of said Leased Premises, without the prior written consent of the
Airport Manager, which consent shall not be unreasonably withheld. Any consent by the Airport
4
Page 170 of 321
to an assignment or subletting of this Agreement shall not constitute a waiver of the necessity of
obtaining that consent as to any subsequent assignment. Any assignment for the benefit of
Creamer Pilot Services, LLC' creditors or otherwise by operation of law shall not be effective
to transfer or assign Creamer Pilot Services, LLC' interest under this Agreement unless the
Airport shall have first consented thereto in writing. Neither Creamer Pilot Services, LLC'
interest in this Agreement, not any estate created hereby in Creamer Pilot Services, LLC nor any
interest herein or therein, shall pass to any trustee or receiver or assignee for the benefit of creditors
or otherwise by operation of law except as may specifically be provided in the Bankruptcy Code.
If any of the corporate shares of stock of Creamer Pilot Services, LLC are transferred, or if any
partnership interests of Creamer Pilot Services, LLC are transferred, by sale, assignment,
bequest, inheritance, operation of law, or otherwise, so as to result in a change of the control,
assets, value, ownership, or structure of Creamer Pilot Services, LLC, same shall be deemed an
assignment for the purposes of this Section 17 and shall require the Airport's prior consent, and
Creamer Pilot Services LLC shall notify the Airport of any such change or proposed change.
18. On the expiration or other termination of this lease Creamer Pilot Services, LLC right to use
the demised premises shall cease, and Creamer Pilot Services, LLC shall vacate the premises
without unreasonable delay. All property installed, erected, or placed by Creamer Pilot Services,
LLC in, on, or about the premises leased hereunder shall be deemed to be personal property and
shall remain the property of Creamer Pilot Services, LLC. Creamer Pilot Services, LLC shall
have the right at any time during the term of this agreement, or any renewal or extension hereof,
and for an additional period of fourteen (14) days after the expiration or other termination of this
agreement, to remove any or all of such property, subject, however, to Creamer Pilot Services,
LLC' obligation to repair all damage, if any, resulting from such removal. Any and all property
not removed by Creamer Pilot Services, LLC prior to the expiration of the aforesaid fourteen
(14) day period shall thereupon become a part of the land on which it is located and title hereto
shall thereupon vest in City.
19. City may enter the premises leased to Creamer Pilot Services, LLC at any reasonable time
for any purpose necessary or incidental to the performance of its obligations or Creamer Pilot
Services, LLC' obligations hereunder.
20. Creamer Pilot Services, LLC shall maintain the demised premises in a clean and orderly
fashion at all times. Creamer Pilot Services, LLC shall be responsible for the upkeep and
mowing of the leased property.
21. Creamer Pilot Services, LLC shall not start or operate aircraft engines within the aircraft
hangar leased hereby and shall not allow such operations by any other person.
22. Creamer Pilot Services, LLC agrees that habitation of the hangar building or offices as a
residence is prohibited.
23. Any notice or consent required by this Agreement shall be sufficient if sent by Certified Mail,
return receipt requested, postage paid, to the following address:
5
Page 171 of 321
City of Fayetteville
Airport Administration Office
4500 S. School Ave., Suite F
Fayetteville, AR 72701
(479) 718-7642
Creamer Pilot Services, LLC
4500 S School Ave Ste. M
Fayetteville, AR 72701
(479) 841-4262
24. This agreement shall be construed under the laws of the State of Arkansas.
25. All the covenants, conditions, and provisions under this agreement shall extend to and bind
the legal representative, successors, and assigns of the respective parties hereof.
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above
written.
Lance
CITY OF FAYETTEVILLE, ARKANSAS
M.
Lioneld Jordan, Mayor
ATTEST
By:
Services, LLC
0
Kara Paxton, City Clerk and Treasurer
Page 172 of 321
Page 173 of 321
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
CITY COUNCIL MEMO
2023-509
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
DATE: March 2, 2023
SUBJECT: Approval of an agreement in the amount of $41,812 with the Northwest Arkansas
Regional Planning Commission for a Stormwater Education Program to be provided
by the University of Arkansas Cooperative Extension service to satisfy portions of
the NPDES Phase II Stormwater Permit requirements
RECOMMENDATION:
Staff reccomends approving an agreement in the amount of $41,812 with the Northwest Arkansas Regional
Planning Commission for a Stormwater Education Program to be provided by the University of Arkansas
Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater Permit requirements.
BACKGROUND:
The City of Fayetteville has participated in the educational program provided by the University of Arkansas
Cooperative Extension since its inception. This program has been very successful and a valuable asset to the
public as well as the city.
DISCUSSION:
Since 2003, the cities of Bentonville, Bethel Heights, Elkins, Elm Springs, Farmington, Fayetteville, Greenland,
Johnson, Little Flock, Lowell, Springdale and Rogers along with Benton and Washington Counties and the
University of Arkansas have been operating under the Environmental Protection Agency's (EPA) federally
mandated Phase II Stormwater regulations as Municipal Separate Storm Sewer Systems (MS4s). While the
participating jurisdictions obtain separate National Pollutant Discharge Elimination System (NPDES) permits,
they jointly contract with Cooperative Extension Service (CES) through the Northwest Arkansas Regional
Planning Commission (NWARPC) as a successful and cost-effective means of implementing the following
minimum control measures required in their Phase II permits as well as ensure uniformity in the message
presented to residents of Northwest Arkansas:
1) Public Education and Outreach
2) Public Involvement and Participation
6) Pollution Prevention and Good Housekeeping (training for municipal employees)
Positive feedback from the Arkansas Department of Environmental Quality (ADEQ) and participating MS4s has
led to the CES and the NWARPC continuing their partnership as the urban stormwater education program
support arm of the MS4s' new 2020-2024 stormwater management permits. This agreement is for
participation in a 1-Year Regional Stormwater Education and Coordination Program.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 174 of 321
The City Council has previously approved Ordinance 6282 waiving competitive bidding for stormwater
education through 2024 allowing this agreement to be approved through a resolution. Please note that due to
the fact the cost will fluctuate, City Council will still have the opportunity to review and approve the new
agreement and fee each year by resolution. The agreement will not automatically renew.
BUDGET/STAFF IMPACT:
Funding for the program is available in the Stormwater Quality Management and Nutrient Reduction Plan
Budget. These funds are proposed to be utilized to satisfy the terms of the agreement.
ATTACHMENTS: SRF-MS4 Education Agreement, MOU 2023 Fayetteville, Cost_Allocation_2023, SWMP -
Stormwater Education 2020-2024, Ord 6282 Stormwater Education
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 175 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-509
Approval of an agreement in the amount of $41,812 with the Northwest Arkansas Regional
Planning Commission for a Stormwater Education Program to be provided by the University of
Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater
Permit requirements
A RESOLUTION TO APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST
ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $41,812.00 FOR A
STORMWATER EDUCATION PROGRAM FOR 2023 TO SATISFY PORTIONS OF THE NPDES
PHASE II STORMWATER PERMIT REQUIREMENTS
WHEREAS, on February 4, 2020, the City Council passed Ordinance No. 6282 waiving the
requirements of formal competitive bidding for a regional stormwater education program provided by
the Northwest Arkansas Regional Planning Commission through 2024.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to
sign a Memorandum of Understanding, a copy of which is attached hereto and made a part hereof,
between the City of Fayetteville and the Northwest Arkansas Regional Planning Commission in the
amount of $41,812.00 for a Stormwater Education Program to be provided in 2023 by the University of
Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase II Stormwater
Regulations.
Page 1
Page 176 of 321
City of Fayetteville Staff Review Form
2023-509
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 3/2/2023 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of an agreement in the amount of $41,812 with the Northwest Arkansas Regional Planning Commission
for a Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension service to
satisfy portions of the NPDES Phase II Stormwater Permit requirements
Budget Impact:
4470.621.8810-5314.00
Sales Tax Capital Improvements
Account Number Fund
02097.1 Stormwater Quality Management (Stormwater
Quality Mgmt/Nutrient Reduct)
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 208,391.00
$ 3,650.96
204,740.04
$ 41,812.00
162,928.04
V20221130
Previous Ordinance or Resolution # Ord 6282
Approval Date:
Page 177 of 321
FAYETTEVILLE
MEMORANDUM OF UNDERSTANDING FOR THE MS4
JURISDICTIONS OF NORTHWEST ARKANSAS AND THE
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
WHEREAS, 17 cities in Benton and Washington Counties, the counties
themselves, and the University of Arkansas meet the U.S. Environmental
Protection Agency's "small" urbanized area municipal separate storm
sewer (MS4) criteria, and must comply with national Phase II Stormwater
Regulations; and
WHEREAS, the Arkansas Energy and Environment — Office of Water
Quality (DEQ), the state agency authorized by EPA to issue National
Pollutant Discharge Elimination System (NPDES) permits requiring and
ensuring compliance, will establish dates for affected entities to be covered
under Arkansas' general permit for MS4s; and
WHEREAS, said permit requires development, implementation, and
evaluation of a stormwater management plan, that addresses each of the
six minimum control measures identified in the Phase II Storm Water
Regulations contained in 40 CFR 122.26 and outlined in Part I.B.; and
WHEREAS, the Northwest Arkansas Regional Planning Commission
(NWARPC) has coordinated meetings between representatives of affected
jurisdictions in an effort to determine, in the interest of economy and
efficiency, whether certain stormwater permit components could be
addressed collectively, rather than individually; and
WHEREAS, it has been determined that a cost effective, regional
approach to certain minimum control measures required as part of the
permit — namely Public Education and Outreach, Public Involvement and
Participation, and the education component of Pollution Prevention/Good
Housekeeping — is both logical and appropriate; and
WHEREAS, the NWARPC previously requested and received
statements of qualifications from interested institutions and firms with
demonstrated water quality educational expertise, and has, in cooperation
with representatives of affected MS4 jurisdictions, endorsed the attached
proposal from the University of Arkansas Cooperative Extension Service;
and
WHEREAS, the DEQ has endorsed the regional concept and proposal
for addressing said minimum control measures; and
WHEREAS, said representatives of affected MS4s have also endorsed
the distribution of costs associated with the proposal as shown on the
attached cost allocation plan; and
1
Page 178 of 321
FAYETTEVILLE
WHEREAS, the Board of Directors of the NWARPC have authorized
the Commission to act as the financial clearinghouse and primary
contractor, on behalf of said MS4s, in connection with said proposal.
NOW, THEREFORE BE IT RESOLVED THAT WE, THE
UNDERSIGNED MS4 JURISDICTION, AND THE BOARD OF DIRECTORS
OF THE NORTHWEST ARKANSAS REGIONAL PLANNING
COMMISSION, AGREE AS FOLLOWS:
SECTION 1. To participate in a 1-Year Regional Stormwater Education and
Coordination Program (January 1, 2023— December 31, 2023), to be carried
out by the University of Arkansas Cooperative Extension Service through an
engagement with the Northwest Arkansas Regional Planning Commission,
with costs based on a Base cost and each jurisdiction's pro -rated share of
the region's 2010 urbanized area population; it being understood that said
services to be provided shall satisfy requirements for the federally -
mandated minimum control measures referenced herein. Commitments
for participation in said program in future years will require governing body
approval on a year-to-year basis.
SECTION 2. To participate financially in accordance with the attached cost
allocation plan. Any increases in the costs allocated to the undersigned
MS4 due to the failure of other MS4 jurisdictions to participate shall be
subject to the approval of the undersigned MS4.
SECTION. 3. That all funds received by NWARPC from MS4s shall be utilized
in their entirety for stormwater management program services and
coordination activities in connection with EPA Phase II Stormwater Program
requirements and shall be accounted for separately from all other
Commission funds.
Dated this day of , 202
2H
Director
NWARPC
2
FAYETTEVILLE OFFICIAL
Page 179 of 321
2023 Cost Allocation* of U of A Cooperative Extension Service Regional Stormwater Education
and NWA Regional Planning Commission Stormwater Coordination for NWA MS4 Jurisdictions
MS4 Cost = $2,000 Base cost + (Remaining Program Cost x % NWA Urbanized Area Population)
Using 2010 US Census Urban Block Data for the 20 MS4 Collaborating Jurisdictions
Jurisdiction
Urbanized Area
Population
Total Population
% Urbanized Area
Population
$2,000 Base + %
Urbanized Area
Greenland
721
1,294
0.24%
$2,438.52
Elm Springs
973
1,535
0.33%
$2,591.79
Cave Springs
969
1,931
0.33%
$2,589.36
Tontitown
71
2,460
0.02%
$2,043.18
Little Flock
1,742
2,585
0.59%
$3,059.51
Elkins
1,991
2,648
0.67%
$3,210.96
Johnson
3,123
3,354
1.06%
$3,899.46
Prairie Grove
69
4,380
0.02%
$2,041.97
Pea Ridge
4,298
4,794
1.46%
$4,614.11
Farmington
4,964
5,974
1.68%
$5,019.18
Lowell
6,574
7,327
2.23%
$5,998.41
Centerton
9,135
9,515
3.10%
$7,556.05
Bella Vista
22,841
26,461
7.74%
$15,892.26
U of A
5,801
27,503
1.97%
$5,528.26
Bentonville
33,801
35,301
11.45%
$22,558.31
Washington County
1,868
203,065
0.63%
$3,136.15
Benton County
5,339
221,339
1.81%
$5,247.27
Rogers
54,897
58,895
18.60%
$35,389.24
Springdale
70,447
73,119
23.87%
$44,847.00
Fayetteville
65,457
73,580
22.18%
$41,812.00
Program Totals 295,081
Note: Budget year runs from January 1 through December 31 of each calendar year
* These dollar breakouts assume all jursidictions participate
$ Total population reflects the total county population including all incorporated areas
100.00%
$219,473.00
Page 180 of 321
Minimum Control Measure #1:
Public Education and Outreach on Stormwater Impacts
Decision Process
The NWA Stormwater Compliance Group meets to discuss stormwater pollution prevention and
provide input on education activities. The NWA Stormwater Education Steering committee (public
membership comprised of diverse backgrounds/interests) convenes at least once each year to
review and evaluate program accomplishments and plan next steps. Both groups provide the
localized input used to identify critical stormwater pollutants, education needs, target audiences,
program methods, and public relations strategies.
Public Education/Outreach BMPs
Develop and distribute educational materials
Input from both the MS4 Stormwater Compliance Group and Education Steering Committee
guides the emphases of electronic and printed educational materials. Once topics are identified,
materials will be developed, adapted, and/or gathered for distribution at public meetings, in
support of presentations, and with educational displays. Examples may include fact sheets,
videos, social media content, website content, newsletters, press releases, and PSAs.
Measureable Goals:
Mechanism types and numbers of educational materials will be documented.
Develop 5 educational materials across the permit term.
Attendance of MS4 Stormwater Compliance Group and Education Steering Committee
meetings will be documented.
Conduct stormwater education activities
Educational presentations will be given to illustrate stormwater dynamics, identify potential
pollutants and pathways, describe techniques to reduce stormwater pollution and encourage
voluntary BMP implementation according to the annual topic/audience emphases outlined in the
following table.
Measureable Goal:
Stormwater education programs will be conducted and documented.
Responsible Party
The Northwest Arkansas Regional Planning Commission and the University of Arkansas
Cooperative Extension Service have contracted with the municipality to be responsible for the
development and implementation of the public education efforts. A copy of that agreement is
included in this plan.
Performance Standard:
Urban stormwater outreach/education programs will reach at least 50% of the urbanized area
population.
Page 181 of 321
Minimum Control Measure #1:
5 Year Implementation Schedule
2020
2021
2022
2023
2024
Topic Emphases:
Topic Emphasis:
Topic Emphasis:
Topic Emphasis:
Topic Emphasis:
Storm drain
Litter
Sediment control
Yard waste
Automotive
awareness/dumping
maintenance and
Household
Hazardous Waste
(HHW)
Target Audience:
Target Audience:
Target Audience:
Target Audience:
Target Audience:
General public
General public
Land development
General public and
General public and
community
green industry
vehicle owners
Rationale:
Rationale:
Rationale:
Rationale:
Rationale:
Pollutants entering
Improper handling
Sediment leaving
Improper yard waste
Improper vehicle
the storm drain
and disposal of litter
construction sites can
disposal can clog
maintenance and
system degrade water
can allow it to enter
enter the storm drain
drainage ways and
HHW disposal can
quality
the storm drain
system and degrade
excess fertilizer and
allow pollutants to
system and degrade
water quality
pesticide applications
enter the storm drain
water quality
can enter the storm
system and degrade
drain system and
water quality
degrade water quality
Page 182 of 321
Minimum Control Measure #2:
Public Involvement/Participation
Decision Process
The NWA Stormwater Compliance Group meets to discuss stormwater pollution prevention and
provide input on education activities. The NWA Stormwater Education Steering committee (public
membership comprised of diverse backgrounds/interests) convenes at least once each year to review
and evaluate program accomplishments and plan next steps. Both groups provide the localized input
used to identify critical stormwater pollutants, education needs, target audiences, program methods,
and public relations strategies.
Target Audience
The audience for public involvement programs and activities will be the general public and may
include businesses, trade associations, environmental groups, homeowners, and civic organizations.
Public Involvement/Participation BMPs
Engage Residents in Public Participation/Involvement Activities
Input from both the MS4 Stormwater Compliance Group and Education Steering Committee guides the
emphases of educational materials, educational programs, and public involvement efforts. Residents
will participate in public involvement activities. Examples may include stormwater compliance
meetings, stormwater steering meetings, clean ups, etc.
Measureable Goal:
Public participation activities will be documented.
Responsible Party
The Northwest Arkansas Regional Planning Commission and the University of Arkansas
Cooperative Extension Service have contracted with the municipality to be responsible for the
development and implementation of the public involvement efforts. A copy of that agreement is
included in this plan.
Performance Standard
At least 5 public participation and involvement activities will be coordinated over the permit term.
Page 183 of 321
F FPYETT
9 q,T NSNS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6282
File Number: 2020-0064
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING
THROUGH 2O24 AND APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST ARKANSAS
REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $42,591.06 FOR A STORMWATER
EDUCATION PROGRAM FOR 2020
WHEREAS, the City of Fayetteville, along with seventeen other cities in Northwest Arkansas, has been
operating under the Environmental Protection Agency's federally mandated Phase II Stormwater Regulations
as a Municipal Separate Storm Sewer System; and
WHEREAS, the Northwest Arkansas Planning Commission has determined that a regional approach to
certain minimum control measures required for renewal of Municipal Separate Storm Sewer System
permits - specifically Public Education and Outreach, Public Involvement and Participation, and the
education component of Pollution Prevention/Good Housekeeping - is both logical, cost effective and
appropriate, and this approach has been approved by the Arkansas Department of Environmental
Quality; and
WHEREAS, the Northwest Arkansas Planning Commission has endorsed a proposal from the University of
Arkansas Cooperative Extension Service to design and provide a stormwater education program to all
Municipal Separate Storm Sewer Systems in Northwest Arkansas; and
WHEREAS, the cost of the agreement to the City for 2020 exceeds $20,000.00 and would otherwise
require competitive bidding unless the requirement is waived; and
WHEREAS, the City's National Pollutant Discharge Elimination System permit expires in 2024 and
Page 1 Printed on 216120
Page 184 of 321
File Number.' 2020-0064
Ordinance 6282
the stormwater education program will be a requirement each permit year.
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 determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practical and
therefore waives the requirements of formal competitive bidding through 2024 and further authorizes the
Mayor to sign a Memorandum of Understanding, a copy of which is attached hereto and made a part
hereof, between the City and the Northwest Arkansas Regional Planning Commission in the amount of
$42,591.06 for a Stormwater Education Program to be provided in 2020 by the University of Arkansas
Cooperative Extension Service to satisfy portions of the Environmental Protection Agency's Phase II
Stormwater Regulations.
PASSED and APPROVED on 2/4/2020
Attest:
ER K
Kara Paxton, City Clerk Treasurer4����0•• C1TY0�,yJ,'%
.G
Page 2 Printed on 216120
Page 185 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0064
Agenda Date: 2/4/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 7
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING
THROUGH 2O24 AND APPROVE A ONE-YEAR CONTRACT WITH THE NORTHWEST
ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $42,591.06 FOR A
STORMWATER EDUCATION PROGRAM FOR 2020
WHEREAS, the City of Fayetteville, along with seventeen other cities in Northwest Arkansas, has been
operating under the Environmental Protection Agency's federally mandated Phase II Stormwater Regulations as
a Municipal Separate Storm Sewer System; and
WHEREAS, the Northwest Arkansas Planning Commission has determined that a regional approach to
certain minimum control measures required for renewal of Municipal Separate Storm Sewer System permits -
specifically Public Education and Outreach, Public Involvement and Participation, and the education component
of Pollution Prevention/Good Housekeeping - is both logical, cost effective and appropriate, and this approach
has been approved by the Arkansas Department of Environmental Quality; and
WHEREAS, the Northwest Arkansas Planning Commission has endorsed a proposal from the University of
Arkansas Cooperative Extension Service to design and provide a stormwater education program to all
Municipal Separate Storm Sewer Systems in Northwest Arkansas; and
WHEREAS, the cost of -the agreement to the City for 2020 exceeds $20,000.00 and would otherwise require
competitive bidding unless the requirement is waived; and
WHEREAS, the City's National Pollutant Discharge Elimination System permit expires in 2024 and the
stormwater education program will be a requirement each permit year.
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 determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
requirements of formal competitive bidding through 2024 and further authorizes the Mayor to sign a
City of Fayetteville, Arkansas Page 1 Printed on 21512020
Page 186 of 321
File Number 2020-0064
Memorandum of Understanding, a copy of which is attached hereto and made a part hereof, between the City
and the Northwest Arkansas Regional Planning Commission in the amount of $42,591.06 for a Stormwater
Education Program to be provided in 2020 by the University of Arkansas Cooperative Extension Service to
satisfy portions of the Environmental Protection Agency's Phase II Stormwater Regulations.
City of Fayetteville, Arkansas Page 2 Printed on 21512020
Page 187 of 321
Alan Pugh
Submitted By
City of Fayetteville Staff Review Form
2020-0064
Legistar File ID
2/4/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/17/2020
Submitted Date
Action Recommendation:
ENGINEERING (621)
Division / Department
Waiving competitive bidding and approving of an agreement in the amount of $42,591.06 with the Northwest
Arkansas Regional Planning Commission for a Stormwater Education Program -to be provided by the University of
Arkansas Cooperative Extension service to satisfy portions of the NPDES Phase II Stormwater Permit requirements
4470.621.8810-5817.00
Account Number
02097.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Capital Improvements
Fund
Stormwater Quality Management (Stormwater
Quality Mgmt/Nutrient Reduct)
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 160,000.00
$ 160,000.00
$ 42,591.06
$ 117,408.94
Previous Ordinance or Resolution #
Approval Date:
V20180321
Page 188 of 321
CITY OF
® FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 4, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: January 17, 2020
CITY COUNCIL MEMO
SUBJECT: Waiving competitive bidding and approving of an agreement in the amount of
$42,591.06 with the Northwest Arkansas Regional Planning Commission for a Stormwater
Education Program to be provided by the University of Arkansas Cooperative Extension service
to satisfy portions of the NPDES Phase II Stormwater Permit requirements
RECOMMENDATION:
Staff reccomends waiving competitive bidding and approving of an agreement in the amount of
$42,591.06 with the Northwest Arkansas Regional Planning Commission for a Stormwater
Education Program to be provided by the University of Arkansas Cooperative Extension service
to satisfy portions of the NPDES Phase 11 Stormwater Permit requirements.
BACKGROUND:
The City of Fayetteville has participated in the educational program provided by the University of
Arkansas Cooperative Extension since its inception. This program has been very successful
and a valuable asset to the public as well as the city.
DISCUSSION:
Since 2003, the cities of Bentonville, Bethel Heights, Elkins, Elm Springs, Farmington,
Fayetteville, Greenland, Johnson, Little Flock, Lowell, Springdale and Rogers along with Benton
and Washington Counties and the University of Arkansas have been operating under the
Environmental Protection Agency's (EPA) federally mandated Phase II Stormwater regulations
as Municipal Separate Storm Sewer Systems (MS4s). While the participating jurisdictions obtain
separate National Pollutant Discharge Elimination System (NPDES) permits, they jointly contract
with Cooperative Extension Service (CES) through the Northwest Arkansas Regional Planning
Commission (NWARPC) as a successful and cost-effective means of implementing the following
minimum control measures required in their Phase II permits as well as ensure uniformity in the
message presented to residents of Northwest Arkansas:
1) Public Education and Outreach
2) Public Involvement and Participation
6) Pollution Prevention and Good Housekeeping (training for municipal employees)
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Page 189 of 321
Positive feedback from the Arkansas Department of Environmental Quality (ADEQ) and
participating MS4s has led to the CES and the NWARPC continuing their partnership as the
urban stormwater education program support arm of the MS4s' new 2020-2024 stormwater
management permits. This agreement is for participation in a 1-Year Regional Stormwater
Education and Coordination Program.
This agreement is for participation in a 1-Year Regional Stormwater Education and Coordination
Program, however, the intent is to waive competitive bidding until the end of the permit period
which is 2024. Please note that due to the fact the cost will fluctuate, City Council will still have
the opportunity to review and approve the new agreement and fee each year by resolution. The
agreement will not automatically renew.
BUDGET/STAFF IMPACT:
Funding for the program is available in the Stormwater Quality Management and Nutrient
Reduction Plan Budget. These funds are proposed to be utilized to satisfy the terms of the
agreement.
Attachments:
Memorandum of Understanding
Cost Allocation Summary
Urban Stormwater Education Program 2020-2024 Summary
2
Page 190 of 321
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
1311 Clayton St., Springdale, Arkansas, 72762
fffti
SnOV
(479) 7517125 m http://nwarpc.org
comrrii�slore
September 24, 2019
Alan Pugh,
It.
am enclosing an original of your jurisdiction's 2020 Memorandum of Understanding (MOU) for
the Regional Stormwater Education Program. It has been signed by Jeff Hawkins, Executive
Director, NWARPC.
Please'deliver the MOU to the appropriate person in your jurisdiction to sign and date.
You may return the MOU either by the US Postal Service, or through email. If at all possible the
MOU should be returned by the end of the year.
NWARPC will invoice in January 2020.
If you have any questions, please let me know. Thank you for your prompt attention to this
matter.
Sincerely,
elia Scott-Silkwood, AICP
Regional Planner
cscott-silkwood C&nwarac.ore
479-751-7125 ext. 106
Page 191 of 321
FAYETTEVILLE
MEMORANDUM OF UNDERSTANDING FOR THE M54
JURISDICTIONS OF NORTHWEST ARKANSAS AND THE
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
WHEREAS, 21 cities in Benton and Washington Counties, the counties
themselves, and the University of Arkansas meet the U.S. Environmental
Protection Agency's "small" urbanized area municipal separate storm
sewer (MS4) criteria, and must comply with national Phase II Stormwater
Regulations; and
WHEREAS, the Arkansas Department of Environmental Quality (ADEQ),
the state agency authorized by EPA to issue National Pollutant Discharge
Elimination System (NPDES) permits requiring and ensuring compliance,
will establish dates for affected entities to be covered under Arkansas'
general permit for MS4s; and
WHEREAS, said permit requires development, implementation, and
evaluation of a stormwater management plan, that addresses each of the
six minimum control measures identified in the Phase II Storm Water
Regulations contained in 40 CFR 122.26 and outlined in Part I.B.; and
WHEREAS, the Northwest Arkansas Regional Planning Commission
(NWARPC) has coordinated meetings between representatives of affected
jurisdictions in an effort to determine, in the interest of economy and
efficiency, whether certain stormwater permit components could be
addressed collectively, rather than individually; and
WHEREAS, it has been determined that a cost effective, regional
approach to certain minimum control measures required as part of the
permit — namely Public Education and Outreach, Public Involvement and
Participation, and the education component of Pollution Prevention/Good
Housekeeping —is both logical and appropriate; and
WHEREAS, the NWARPC previously requested and received
statements of qualifications from interested institutions and firms with
demonstrated water quality educational expertise, and has, in cooperation
with representatives of affected MS4 jurisdictions, endorsed the attached
proposal from the University of Arkansas Cooperative Extension Service;
and
WHEREAS, the ADEQ has endorsed the regional concept and
proposal for addressing said minimum control measures; and
WHEREAS, said representatives of affected MS4s have also endorsed
the distribution of costs associated with the proposal as shown on the
attached cost allocation plan; and
Page 192 of 321
WHEREAS, the Board of Directors of the NWARPC have authorized
the Commission to act as the financial clearinghouse and primary
contractor, on behalf of said MS4s, in connection with said proposal.
NOW, THEREFORE BE IT RESOLVED THAT WE, THE
UNDERSIGNED MS4 JURISDICTION, AND THE BOARD OF DIRECTORS
OF THE NORTHWEST ARKANSAS REGIONAL PLANNING
COMMISSION, AGREE AS FOLLOWS:
SECTION 1. To participate in a 1-Year Regional Stormwater Education and
Coordination Program (January 1, 2020— December 31, 2020), to be carried
out by the University of Arkansas Cooperative Extension Service through an
engagement with the Northwest Arkansas Regional Planning Commission,
with costs based on a Base cost and each jurisdiction's pro -rated share of
the region's 2010 urbanized area population; it being understood that said
services to be provided shall satisfy requirements for the federally -
mandated minimum control measures referenced herein. Commitments
for participation in said program in future years will require governing body
approval on a year-to-year basis.
SECTION 2. To participate financially in accordance with the attached cost
allocation plan. Any increases in the costs allocated to the undersigned
MS4 due to the failure of other MS4 jurisdictions to participate shall be
subject to the approval of the undersigned MS4.
SECTION. 3. That all funds received by NWARPC from MS4s shall be utilized
in their entirety for stormwater management program services and
coordination activities in connection with EPA Phase II Stormwater Program
requirements, and shall be accounted for separately from all other
Commission funds.
oao
Dated th/s l �'�v of i' e bruk a�' u _ . 2m.
Jeff HaWkilfs/
2
FAYETTEVILLE
FAYETTEVILLE
Page 193 of 321
�
D
coMtZNONO0M
CAA
w
o
LO
r-
1�OM
0
r�
M
O
r-U0M
O
M
OO
m
[CC
12SO
O
N
OOOCO
0'IV)
zD
0'
O
f-
L6
t0
N�
M
CM
O
OD
I-
�co
OG
N
N
f�
O>
C�O
LANrO
V
toWCo
0)
V
MEA
In
N
C14vi,
elfNt`
C7
A
69
M
69V',
NC
NO
NH
Ci
o
tN
Vto
69
to
M
69
,
N
c
0
0
0
\I
0
0
0
0
0
0
0
�Ln'OM,O'O(M',O(O0ti(Mco�v(0N�N�M
C
ti
~
O
Go
C I(7
inr
CM'O
LON'
(V'�
(o
O
M
O
0
N
N
C
O
O
O
Cl
O
O
O
(o
0
G O
�a
a
C
O
3�
M�'N
M
V-
tnO,�
to�7O.�
(M
ti
Q7
Ot-0MCD
00
(O
Ln
CL
O
M
t`
CM
M
CAOLAM[�
�
Co
N
(o�CA
NMM
v
O
Crj
n.
N
N
M
N
r
CA
N
(V
r
M
r
N
N
N
pll
m
o
g
M
M
O
O
M
M
O
(o
M
�
u-
LO
M
N
O
O
6
('�
�
(0o
m`
0—
N
N
m
Oo
O
O'
CA
(Oo
00
N
C
N
L
CV
O
0
n
(O
v
0
CA
-e
Ln
C7
tD
M
t`
Ln
O
La
c
..2
«
O
N
N
�
cn
'N
C
c
U
O
to
c
C
O
4)
P
>
O
N
C
O
C
O
'Q000y
c
L
0
—
a)
0)
CO
E
7
N
N
N
Q
t
-5
a
N
�M
mm'mco0UJJl�WU-2a)
ILCO-103L
O
O
O
O
N
A
t
U
d
0
r
E n
a
O �
CD
t
o
0
m
m m
N
to
w cc
M �c
2
c`a
Aa
Page 194 of 321
Minimum Control Measure #1:
Public Education and Outreach on Stormwater Impacts
Decision Process
The NWA Stormwater Compliance Group meets to discuss stormwater pollution prevention and
provide input on education activities. The NWA Stormwater Education Steering committee (public
membership comprised of diverse backgrounds/interests) convenes at least once each year to
review and evaluate program accomplishments and plan next steps. Both groups provide the
localized input used to identify critical stormwater pollutants, education needs, target audiences,
program methods, and public relations strategies.
Public Education/Outreach BMPs
Develop and distribute educational materials
Input from both the MS4 Stormwater Compliance Group and Education Steering Committee
guides the emphases of electronic and printed educational materials. Once topics are identified,
materials will be developed, adapted, and/or gathered for distribution at public meetings, in
support of presentations, and with educational displays. Examples may include fact sheets,
videos, social media content, website content, newsletters, press releases, and PSAs.
Measureable Goals:
Mechanism types and numbers of educational materials will be documented.
Develop 5 educational materials across the permit term.
Attendance of MS4 Stormwater Compliance Group and Education Steering Committee
meetings will be documented.
Conduct stormwater education activities
Educational presentations will be given to illustrate stormwater dynamics, identify potential
pollutants and pathways, describe techniques to reduce stormwater pollution and encourage
voluntary BMP implementation according to the annual topic/audience emphases outlined in the
following table.
Measureable Goal:
Stormwater education programs will be conducted and documented.
_Responsible Party
The Northwest Arkansas Regional Planning Commission and the University of Arkansas
Cooperative Extension Service have contracted with the municipality to be responsible for the
development and implementation of the public education efforts. A copy of that agreement is
included in this plan.
Performance Standard:
Urban stormwater outreach/education programs will reach at least 50% of the urbanized area
population.
Page 195 of 321
Minimum Control Measure #1:
5 Year Implementation Schedule
2020
2021
2022
2023
2024
Topic Emphases:
Topic Emphasis:
Topic Emphasis:
Topic Emphasis:
Topic Emphasis:
Storm drain
Litter
Sediment control
Yard waste
Automotive
awareness/dumping
maintenance and
Household
Hazardous Waste
(HHW)
Target Audience:
Target Audience:
Target Audience:
Target Audience:
Target Audience:
General public
General public
Land development
General public and
General public and
community
green industry
vehicle owners
Rationale:
Rationale:
Rationale:
Rationale:
Rationale:
Pollutants entering
Improper handling
Sediment leaving
Improper yard waste
Improper vehicle
the storm drain
and disposal of litter
construction sites can
disposal can clog
maintenance and
system degrade water
can allow it to enter
enter the storm drain
drainage ways and
HHW disposal can
quality
the storm drain
system and degrade
excess fertilizer and
allow pollutants to
system and degrade
water quality
pesticide applications
enter the storm drain
water quality
can enter the storm
system and degrade
drain system and
water quality
degrade water quality
Page 196 of 321
Minimum Control Measure #2:
Public Involvement/Participation
Decision Process
The NWA Stormwater Compliance Group meets to discuss stormwater pollution prevention and
provide input on education activities. The NWA Stormwater Education Steering committee (public
membership comprised of diverse backgrounds/interests) convenes at least once each year to review
and evaluate program accomplishments and plan next steps. Both groups provide the localized input
used to identify critical stormwater pollutants, education needs, target audiences, program methods,
and public relations strategies.
Target Audience
The audience for public involvement programs and activities will be the general public and may
include businesses, trade associations, environmental groups, homeowners, and civic organizations.
Public Involvement/Particivation BMPs
Engage Residents in Public Participation/Involvement Activities
Input from both the MS4 Stormwater Compliance Group and Education Steering Committee guides the
emphases of educational materials, educational programs, and public involvement efforts. Residents
will participate in public involvement activities. Examples may include stormwater compliance
meetings, stormwater steering meetings, clean ups, etc.
Measureable Goal:
Public participation activities will be documented.
Responsible Party
The Northwest Arkansas Regional Planning Commission and the University of Arkansas
Cooperative Extension Service have contracted with the municipality to be responsible for the
development and implementation of the public involvement efforts. A copy of that agreement is
included in this plan.
Performance Standard
At least 5 public participation and involvement activities will be coordinated over the permit term.
Page 197 of 321
CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
DATE:
CITY COUNCIL MEMO
2023-450
SUBJECT: RZN-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM ST/LEGACY
VENTURES LLC, 367): Submitted by COMMUNITY BY DESIGN for properties located
SE OF N. GREGG AVE AND W. ELM ST in WARD 2. The properties are zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contain approximately
1.71 acres. The request is to rezone 0.76 acres of the subject property to RI-12,
RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and 0.95 acres to RI-U,
RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject properties are immediately southeast of the intersection of N. Gregg Avenue and W. Elm Street.
The site is composed of two lots totaling 1.71 acres and is zoned RSF-4, Residential Single-family, 4 Units per
Acre. No existing structures occupy the property, though there are overhead transmission lines along the south
boundary. There is dense vegetation throughout the site but no zoning overlays or special regulations apply.
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to RI-
12, Residential Intermediate, 12 Units per Acre RI-U, Residential Intermediate -Urban.
Public Comment: Staff has received public comment in favor and opposed to the rezoning. A letter of support
states they are agreeable due to prior high -quality development that has been completed by the applicant. A
letter opposing the rezoning states a preference for single-family development and identified issues with
vehicular and bicycle safety. Staff also received a pair of phone calls opposing the rezoning identifying issues
with tree removal and degradation of wildlife habitats, exacerbating dangerous traffic conditions, increased
density, and that there is no assurance that affordable housing would be developed. Additional public comment
in opposition to the request was heard at the February 13th Planning Commission meeting. Those who spoke
said rezoning would cause or worsen issues with traffic, site access, increased density, and tree removal.
Land Use Compatibility: Staff finds the request to rezone the subject properties to RI-12 and RI-U is compatible
given the surrounding context. Properties in the near vicinity are primarily used for residential purposes with
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 198 of 321
some non-residential uses further afield to the north or separated by street and railroad right-of-way to the
west. Two-family up to multi -family dwellings are present to the south along N. Gregg Avenue; to the north,
west, and east properties are mostly developed with single-family homes. RSF-4 limits the use of the property
to single-family dwellings and accessory uses. Rezoning broadens the permitted housing types, allowing
everything from single- up to four -family dwellings by -right. RI-12 and RI-U prescribe the inclusion of a build -to -
zone which requires that buildings address the public street where RSF-4 has a 15-foot front setback. Cluster
housing developments are permitted by -right in RI-12 and RI-U zoning where they are a conditional use in
RSF-4. The proposed rezoning would increase the permitted density at the site. RI-12 limits density to 12 units
per acre and RI-U has an unlimited density.
Of the overall lot area, 0.76 acres of the east and south sides of the property are proposed to be rezoned to RI-
12; 0.95 acres along the west side of the property is proposed to be rezoned to RI-U. Staff also finds that the
bulk and area regulations are suitable and not out of context with the surrounding properties. The east and
south extents are proposed to be rezoned to RI-12. In RI-12 zoning single family developments are permitted
the smallest lot size with 50-foot minimum widths and 5,000 square foot minimum areas. Two-family dwellings
have the same minimum lot width but require 7,260 square feet in area, and three-family dwellings and above
require 90-foot lot widths and 10,890 square foot lots. RI-12 zoning merely requires an 18-foot lot width
minimum for residential uses, meaning the higher density development pattern would be likeliest to occur along
N. Gregg Avenue where there are other mixed density residential developments. The inclusion of a build -to -
zone with the RI-12 and RI-U zoning districts also requires that buildings address N. Gregg Avenue which
promotes walkability and pedestrian friendliness along a street lacking comfortable amenities.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future
land use designation for this location. Rezoning to RI-12 and RI-U serves to contribute towards City Plan 2040
goals #1 — Appropriate Infill, 4 — Growing a Livable Transportation Network, and 6 — Create Opportunities for
Attainable Housing. First, the site scores moderately on the Infill Scoring Matrix. Rezoning would put added
residential density on properties with ready access to basic development needs such as public streets, water,
and sanitary sewer. The property is also proximate to multiple schools including a Woodland Junior High, The
New School, and the Fayetteville Montessori School. Rezoning aligns with Goal #4 since additional residential
density would be located near multiple transit routes, non-residential uses and employment centers like the VA
Medical Center.
Last, rezoning allows more diverse housing options than its current entitlements. A range of single- to four -
family dwellings provides more opportunity for affordable options than a strictly single-family district. The
request is consistent with the future land use map which designates the site as split between a Residential
Neighborhood and City Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature
and support a wide variety of housing types of appropriate scale and context. City Neighborhood Areas
encourage density in all housing types provide and provide a varying mix of nonresidential and residential
uses. Staff finds the subject rezoning will help facilitate redevelopment of an infill site rather than contributing to
suburban sprawl, create opportunities for diverse and attainable housing, and promotes residential
development that is connected to non-residential services.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 7-9 attributes for this site that may
contribute to appropriate infill. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #2, 708 N. Garland Avenue)
• Near Sewer Main (8" sewer main, N. Gregg Avenue & W. Elm Street)
• Near Water Main (18" sewer main, N. Gregg Avenue & W. Elm Street)
• Near Public School (Woodland Junior High)
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 199 of 321
• Near City Park (Gregory Park)
• Near ORT Bus Stop (Route 10)
• Near Razorback Transit Stop (Route 26 Peak)
• Near Paved Trail (Woodland Poplar Trail & Scull Creek Trail)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the February 13, 2023, Planning Commission meeting, a vote of 7-1-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Brink made the motion and Commissioner Canada
seconded. Commissioners in favor of the rezoning found the request aligned with the surrounding context and
the future land use map designation. Commissioner Garlock opposed the rezoning citing traffic and increased
density among his concerns. Three members of the public spoke in opposition to the request during the
meeting. Those who spoke asserted that rezoning would worsen traffic, especially without understanding how
the site would be accessed. They also identified issues with increased density and tree removal.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: Corrected SRF, Exhibit A, Exhibit B, Corrected PC Report, B.1 Additional Information (Bill of
Assurance) - 3/21/2023
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 200 of 321
® City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-450
RZN-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM ST/LEGACY VENTURES
LLC, 367): Submitted by COMMUNITY BY DESIGN for properties located SE OF N. GREGG
AVE AND W. ELM ST in WARD 2. The properties are zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE and contain approximately 1.71 acres. The request is to
rezone 0.76 acres of the subject property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS
PER ACRE and 0.95 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
23-002 LOCATED SOUTHEAST OF NORTH GREGG AVENUE AND WEST ELM STREET IN
WARD 2 FOR APPROXIMATELY 1.71 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY,
4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE AND RI-
U, RESIDENTIAL INTERMEDIATE -URBAN, SUBJECT TO A BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units
Per Acre to RI-12, Residential Intermediate, 12 Units Per Acre and RI-U, Residential Intermediate -
Urban, subject to a bill of assurance.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
Page 201 of 321
Received 03/01/2023 8:59 a.m.
from Jonathan Curth, Development
City of Fayetteville Staff Review Form Services Director
2023-443
Legistar File ID
3/7/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 2/17/2023 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM ST/LEGACY VENTURES LLC, 367): Submitted by
COMMUNITY BY DESIGN for properties located SE OF N. GREGG AVE AND W. ELM ST in WARD 2. The properties are
zoned RSFA RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contain approximately 1.71 acres. The
request is to rezone 0.76 acres of the subject property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE
and 0.95 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
V20210527
Previous Ordinance or Resolution #
Approval Date:
Page 202 of 321
RZN-2023-0002 N. GREGG AVE AND W. ELM
Close Up View ST
I-1
W Q
Q—PEAR,Sy
U)
a
W
c-2
POP�gR cr _
Neighborhood Link
Residential Link
■ ■ Planned Residential Link
Trail (Proposed)
Planning Area
` - - Fayetteville City Limits
RSF-4
FOW
ELM ST
I
J
a
z
0
C7 �
No
Proposed
RI-12
Feet
RZN-2023-0002
EXHIBIT 'A"
-- - - - - - - - - - - - - - - - - - - - - - - - - - -
POPLAR ST
W
LU
LU
a
W J
W
Q Z
W
W
A&
NORTH
0 75 150 300 450 600
1:2,400
Zone Current Proposed
RI-U 0.0 1.7
RSF-4 1.7 0.0
Total 1.7 ac
Page 203 of 321
RZN-2023-0002
EXHIBIT "B"
SURVEY DESCRIPTION GREGG AVENUE AND ELM STREET — PORTION PROPOSED FOR REZONING TO RI-U:
A PART OF LOT NUMBERED FIFTEEN (15) AND A PART OF LOT NUMBERED SIXTEEN (16) IN GREEN ACRES, A SUBDIVISION
OF PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, AND A PART OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, AS DESIGNATED
UPON THE RECORDED PLAT OF SAID SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY OF ELM STREET WHICH IS S00°0211411W 3.30' FROM THE
NORTHWEST CORNER OF SAID LOT FIFTEEN AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY N89°51'52"E 41.26',
THENCE LEAVING SAID RIGHT-OF-WAY S00°08'08"E 114.50', THENCE N89°51'52"E 58.40', THENCE S00°02'13"W 214.72',
THENCE N89°58'15"W 42.00', THENCE S00°02'14"W 70.00', THENCE N89°58'15"W 58.00', THENCE N00°02'18"E 211.16',
THENCE N89°58'29"W 76.0070 THE EAST RIGHT-OF-WAY OF GREGG AVENUE, THENCE ALONG SAID RIGHT-OF-WAY
N10°29'26"E 190.84' TO THE SOUTH RIGHT-OF-WAY OF ELM STREET, THENCE ALONG SAID RIGHT-OF-WAY N89°51'52"E
41.38' TO THE POINT OF BEGINNING, CONTAINING 0.95 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND
RIGHTS -OF -WAY OF RECORD.
SURVEY DESCRIPTION GREGG AVENUE AND ELM STREET — PORTION PROPOSED FOR REZONING TO RI-12:
A PART OF LOT NUMBERED FIFTEEN (15) AND A PART OF LOT NUMBERED SIXTEEN (16) IN GREEN ACRES, A SUBDIVISION
OF PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, AND A PART OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, AS DESIGNATED
UPON THE RECORDED PLAT OF SAID SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 15 AND RUNNING THENCE 500'02'14"W 3.30' TO THE SOUTH
RIGHT-OF-WAY OF ELM STREET, THENCE ALONG SAID RIGHT-OF-WAY N89°51'52"E 41.26', THENCE LEAVING SAID RIGHT-
OF-WAY S00°08'08"E 114.50', THENCE N89°51'52"E 58.40' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE
N89°51'52"E 11.60', THENCE N00-08'08"W 2.50', THENCE N89°51'52"E 71.54', THENCE S00-02'57"W 54.65' TO AN
EXISTING REBAR, THENCE N89°41'50"W 18.12' TO AN EXISTING REBAR, THENCE S00°02'13"W 297.91' TO AN EXISTING
REBAR, THENCE N89°58'15"W 165.00', THENCE N00°01'59"E 65.00', THENCE S89°58'15"E 58.00', THENCE N00°02'14"E
70.00', THENCE S89°58'15"E 42.00', THENCE N00°02'13"E 214.72' TO THE POINT OF BEGINNING, CONTAINING 0.76
ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
Page 204 of 321
Received 03/01/2023 8:59 a.m.
from Jonathan Curth, Development
CITY OF Services Director
FAYETTEVILLE PLANNING COMMISSION MEMO
%PF ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: February 13, 2023 (Updated with Planning Commission Results)
SUBJECT: RZN-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM
ST/LEGACY VENTURES LLC, 367): Submitted by COMMUNITY BY
DESIGN for properties located SE OF N. GREGG AVE AND W. ELM ST.
The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE and contain approximately 1.71 acres. The request is
to rezone 0.76 acres of the subject property to RI-12, RESIDENTIAL
INTERMEDIATE, 12 UNITS PER ACRE and 0.95 acres to RI-U,
RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0002 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2023-0002 to City Council with a recommendation of approval."
BACKGROUND:
The subject properties are immediately southeast of the intersection of N. Gregg Avenue and W.
Elm Street. The site is composed of two lots totaling 1.71 acres and is zoned RSF-4, Residential
Single-family, 4 Units per Acre. No existing structures occupy the property, though there are
overhead transmission lines along the south boundary. No zoning overlays or special regulations
apply to the site. There is, however, dense mature tree canopy throughout the site. Surrounding
land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential/Undeveloped
RSF-4, Residential Single -Family, 4 Units per Acre
South
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
East
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Mixed -density Residential/Ridout Lumber
Company
RMF-24, Residential Multi -Family, 24 Units per Acre; I -
1, Heavy Commercial and Light Industrial
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre to RI-12, Residential Intermediate, 12 Units per Acre RI-U, Residential Intermediate -
Urban.
Public Comment: Staff has received public comment in favor and opposed to the rezoning. A letter
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Pag,?Wg ®1�Z1
of support states they are agreeable due to prior high -quality development that has been
completed by the applicant. A letter opposing the rezoning stated a preference for single-family
development and identified issues with vehicular and bicycle safety.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Gregg Avenue and W. Elm Street. N.
Gregg Avenue is an improved Neighborhood Link Street with asphalt paving,
sidewalk, and curb and gutter. W. Elm Street is a partially -improved Residential
Link Street with asphalt paving and open ditches along the property's frontage.
Any street improvements required in these areas would be determined at the time
of development proposal.
Water: Public water is available to the subject area. Existing 8-inch water mains are
present on the west side of N. Gregg Avenue and the north side of W. Elm Street.
Sewer: Sanitary Sewer is available to the subject area. Existing 18-inch sanitary sewer
mains are present in the center of N. Gregg Avenue and W. Elm Street.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 2, located at 708 N. Garland Avenue protects this site. The property is
located approximately 1.6 miles from the fire station with an anticipated drive time
of approximately four minutes using existing streets. The anticipated response time
would be approximately 6.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of six minutes for an engine and eight minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District or within a
FEMA floodplain, there are no protected streams present in the subject area. Any
additional improvements or requirements for drainage will be determined at time
of development.
Hydric soils are present on the subject property. They are a known indicator of
wetlands. However, for an area to be classified as wetlands, it may also need
other characteristics such as hydrophytes (plants that grow in water), and shallow
water during parts of the year. Hydric Soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It is important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal. Hydric soils are present throughout
the entirety of the subject property.
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page df 421
Tree Preservation:
The proposed zoning districts of RI-12, Residential Intermediate, 12 Units per Acre
and RI-U, Residential Intermediate - Urban require a 20% and 15% minimum
canopy preservation, respectively. The current zoning district of RSF-4,
Residential Single -Family, 4 Units per Acre requires 25% minimum canopy
preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as a Residential Neighborhood and City
Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
neighborhood development that incorporates low -intensity non-residential uses intended to serve
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi -family.
City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-
residential uses are intended to serve the residents of Fayetteville, rather than a regional
population. While they encourage dense development patterns, they do recognize existing
conventional strip commercial developments and their potential for future redevelopment in a
more efficient urban layout.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7_9 for this
site, with a weighted score of 11.5 at the highest level. The following elements of the matrix
contribute to the score:
• Adequate Fire Response (Station #2, 708 N. Garland Avenue)
• Near Sewer Main (8" sewer main, N. Gregg Avenue & W. Elm Street)
• Near Water Main (18" sewer main, N. Gregg Avenue & W. Elm Street)
• Near Public School (Woodland Junior High)
• Near City Park (Gregory Park)
• Near ORT Bus Stop (Route 10)
• Near Razorback Transit Stop (Route 26 Peak)
• Near Paved Trail (Woodland Poplar Trail & Scull Creek Trail)
• Appropriate Future Land Use (City Neighborhood Area)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Pag,?IMPdf 421
Finding: Land Use Compatibility: Staff finds the request to rezone the subject
properties to RI-12 and RI-U is compatible given the surrounding context.
Properties in the near vicinity are primarily used for residential purposes
with some non-residential uses further afield to the north or separated by
street and railroad right-of-way to the west. Two-family up to multi -family
dwellings are present to the south along N. Gregg Avenue; to the north, west,
and east properties are mostly developed with single-family homes. RSF-4
limits the use of the property to single-family dwellings and accessory uses.
Rezoning broadens the permitted housing types, allowing everything from
single- up to four -family dwellings by -right. RI-12 and RI-U prescribe the
inclusion of a build -to -zone which requires that buildings address the public
street where RSF-4 has a 15-foot front setback. Cluster housing
developments are permitted by -right in RI-12 and RI-U zoning where they are
a conditional use in RSF-4. The proposed rezoning would increase the
permitted density at the site. RI-12 limits density to 12 units per acre and RI-
U has an unlimited density. Of the overall lot area, 0.76 acres of the east and
south sides of the property are proposed to be rezoned to RI-12; 0.95 acres
along the west side of the property is proposed to be rezoned to RI-U. Staff
also finds that the bulk and area regulations are suitable and not out of
context with the surrounding properties. The east and south extents are
proposed to be rezoned to RI-12. In RI-12 zoning single family developments
are permitted the smallest lot size with 50-foot minimum widths and 5,000
square foot minimum areas. Two-family dwellings have the same minimum
lot width but require 7,260 square feet in area, and three-family dwellings and
above require 90-foot lot widths and 10,890 square foot lots. RI-12 zoning
merely requires an 18-foot lot width minimum for residential uses, meaning
the higher density development pattern would be likeliest to occur along N.
Gregg Avenue where there are other mixed density residential
developments. The inclusion of a build -to -zone with the RI-12 and RI-U
zoning districts also requires that buildings address N. Gregg Avenue which
promotes walkability and pedestrian friendliness along a street lacking
comfortable amenities.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals
in City Plan 2040 and the future land use designation for this location.
Rezoning to RI-12 and RI-U serves to contribute towards City Plan 2040 goals
#1 — Appropriate Infill, 4 — Growing a Livable Transportation Network, and 6
— Create Opportunities for Attainable Housing. First, the site scores
moderately on the Infill Scoring Matrix. Rezoning would put added
residential density on properties with ready access to basic development
needs such as public streets, water, and sanitary sewer. The property is also
proximate to multiple schools including a Woodland Junior High, The New
School, and the Fayetteville Montessori School. Rezoning aligns with Goal
#4 since additional residential density would be located near multiple transit
routes, non-residential uses and employment centers like the VA Medical
Center. Last, rezoning allows more diverse housing options than its current
entitlements. A range of single- to four -family dwellings provides more
opportunity for affordable options than a strictly single-family district. The
request is consistent with the future land use map which designates the site
as split between a Residential Neighborhood and City Neighborhood Area.
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
PaggWB�®#23321
Residential Neighborhood Areas are primarily residential in nature and
support a wide variety of housing types of appropriate scale and context.
City Neighborhood Areas encourage density in all housing types provide
and provide a varying mix of nonresidential and residential uses. Staff finds
the subject rezoning will help facilitate redevelopment of an infill site rather
than contributing to suburban sprawl, create opportunities for diverse and
attainable housing, and promotes residential development that is connected
to non-residential services.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff believes that there is sufficient justification for rezoning the property to
RI-12 and RI-U including diversifying the mix of residential uses along a
Neighborhood Link Street and increasing density where it generally aligns
with the future land use map.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to RI-U carries an associated potential to increase
traffic at this location. Staff finds added traffic generated from the site may
complicate the existing traffic condition leading to increased congestion or
danger. The site has direct access onto N. Gregg Avenue and W. Elm Street.
N. Gregg Avenue is a Neighborhood Link Street with a designed service
volume of less than 6,000 vehicles per day. Arkansas Department of
Transportation estimates 16,000 vehicles per day traversed the road at a
study point roughly 250 feet north of the subject property. The subject
property appears to have adequate space to access N. Gregg Avenue and
meet access management standards however, there were 12 vehicle crashes
that occurred near the intersection of its unsignalized intersection with W.
Elm Street between 2017-2021. W. Elm Street has a designed service volume
of less than 4,000 vehicle trips per day but the segment north of the subject
property does not have a study point. Two routes are available to access W.
Elm Street. First, the property's frontage appears to be wide enough for a
driveway to access the street directly from its frontage. Second, a stub out
of alley right-of-way extends to the east side of the site from N. Dutton Place.
Nearby access to the regional trail system and two transit routes offers some
opportunity for future residents to use alternative modes. The Scull Creek
Trail can be accessed within a half mile of the site though N. Gregg Avenue
and a segment of the Arkansas -Missouri Railroad separate the site from the
regional trail system. Transit stops for both Ozark Regional Transit and
Razorback Transit are located within % mile of the site and do not require
crossing major thoroughfares. Lastly, staff acknowledges that
redevelopment of the site will require street improvements proportional to
the development of the site which may incrementally improve pedestrian
comfortability and connectivity to the wider non -motorized transportation
network.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
PaggaM!�)®#233Z1
sewer facilities.
Finding: Rezoning the property from RSF-4 to RI-U has the capacity to increase the
population density at this location. Staff finds that limitations such as the
property's size and other development obligations such as required parking,
drainage, and tree preservation will prevent an increase in density beyond
what is suitable for the site. Water and sewer are available at this location,
negating the need to extend or improve services and the existing street
system can support added density. The Fayetteville Public School District
did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends approval of RZN-2023-0002.
PLANNING COMMISSION ACTION: Required YES
Date: February 13, 2023 O Tabled N Forwarded O Denied
Motion: Brink
ISecond: Canada Recommending approval.
Vote: 7-1-0
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Pagftff df 421
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07 District RSF-4, Residential Single -Family -Four (4) Units Per Acre
o §161.11 District RI-12, Residential Intermediate, 12 (12) Units Per Acre
o §161.12 District RI-U, Residential Intermediate — Urban
• Public Comment
• Applicant Request Letter
• Applicant Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Pagftff df 421
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Pagftf2B®f421
Building Height Maximum 1 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-
19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
PagiggfS®f 421
161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
(A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a development potential between low density and
medium density with less impact than medium density development, to encourage the development of areas
with existing public facilities and to encourage the development of a greater variety of housing values.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 1 12
(D) Bulk and Area Regulations.
Single-
Two (2) family
Three (3)
family
family
Lot width
50 feet
50 feet
90 feet
minimum
Lot area
5,000 square
7,260 square
10,890 square
minimum
feet
feet
feet.
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear
Uses
& Two (2)
Uses
Single
family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building height maximum 1 2 stories/3 stories
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Padyd7lVdf421
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15;
Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245
, §2, 10-15-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21)
Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections
ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void
twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council
amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
PadY67119 df 421
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster housing development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
all types)
Lot width minimum
18 feet
Lot area minimum
None
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear, from
Uses
& Two (2)
Uses
centerline of
Family
an alley
A build -to zone that is
None
5 feet
5 feet
12 feet
located between the front
property, line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Padyd7lVdf421
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Padyd7ltP®f421
Umberger, Ryan
To: Planning Shared
Subject: RE: RZN-2023-0002 (N. GREGG AVE AND W. ELM ST)
From: Scott Hill [mailto:razorbackscott@gmail.com]
Sent: Saturday, February 04, 2023 9:22 AM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: RZN-2023-0002 (N. GREGG AVE AND W. ELM ST)
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.
in
I live about 3 blocks from this re -zoning. I support it. Community By Design usually plans wonderful development, so I
don't hesitate to support them and whatever plans they have here for my neighborhood. I am a general contractor,
although my company is not affiliated with this project in any way.
Thank you.
Scott Hill
61 E. Elm St
Fayetteville
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Padyd7lVdf421
Umberger, Ryan
To: belIe_20042004@yahoo.com
Subject: RE: Rezoning of area by Elm and Gregg
From: belle 20042004@vahoo.com [mailto:belle 20042004@yahoo.com]
Sent: Tuesday, February 07, 2023 8:54 PM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: Rezoning of area by Elm and Gregg
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.
RZN-2023-0002 (N. GREGG AVE AND W. ELM ST)
Hello Planning committee,
I would like to say that putting apartments instead of keeping the area for single family homes goes against what the
builder promised (if this is the same builder). But past that, it is hard enough trying to turn left onto Gregg from Elm
street. I cannot image what more apartments will do for the safety of the area for vehicles and bicycles. Please do not let
this area be rezoned.
Best regards
Sharon Brasko
Baker Drive.
Sent from Yahoo Mail for iPhone
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Padyd7lldf 421
community -by -design
♦I •.� �
Emr.• .+
i ■ a.r r.= _`
."b. !MIMM_#fISLIV
TOWN PLANNING.URBAN ENGINEERVNG
January 17, 2023
Via Email
Ms. Jessica Masters
Zoning and Development Administrator
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701
RE: Gregg Avenue and Elm Street
Rezone Request RZN 2023 0002 - Revisions
Ms. Masters,
Thank you for meeting with us on January 10. We have looked into it and have decided to revise a portion of our rezone
request to RI-12. Please find the following revised documents which show the request to now include 0.95 acres of RI-U
along the west side of the property and 0.76 acres of RI-12 along the east and south sides of the property:
• One (1) copy of— Revised Survey Description of Property to be Rezoned Dated 1/17/23
• One (1) copy of— Revised Lot Split Tract C Exhibit Dated 1/17/23
• One (1) copy of— Submittal Letter Dated 1/17/23
Please let me know if you have any questions or if you need additional information in order to process this request.
Sincerely,
Brian Teague
Community By Design
100 West Center Street Suite 300
Fayettevi*a,,A�CaWQAon
4 7 9e1jr%@y6 7, R023
RZN-2023-0002 (LEGACY VENTURES LLC)
Pa f(972V df 44 1
WRITTEN DESCRIPTION OF GREGG AVENUE AND ELM STREET RI-U REZONE REQUEST PER THE CITY OF
FAYETTEVILLE REZONING APPLICATION
a. Current ownership information and any proposed or pending property sales.
The subject property is owned by Tim Brisiel and Legacy Ventures LLC. There are no proposed or pending property
sales.
b. Reason (need) for requesting the zoning change.
The reason for the zoning change request is to better accommodate future development on the property to be more in
accordance with the City Plan 2040 goals. Specifically goal #1, to make appropriate infill and revitalization our highest
priority and goals #2 and #3 to discourage suburban sprawl and make compact, complete, and connected development
the standard. Goals #4 and #6, to grow a livable transportation network and create opportunities for attainable housing will
also be accommodated better if the rezoning change is granted. The zoning change will also create more opportunity to
preserve natural features which could contribute to goal #5 of assembling and enduring green network.
The RI-U District will better accommodate development on the property that is more in accordance with the City
Neighborhood Area Future Land Use Designation on the west side of the property, while at the same time making
possible a compatible transition to the Residential Neighborhood Area Designation on the east side of the property. The
RI-U District is designed to provide a range of housing types compatible in scale with single-family homes and also to
encourage a diversity of housing types to meet demand for walkable urban living.
c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance,
and signage.
The rules and regulations set forth in the RI-U District will make possible smaller -scaled development on the property that
is compatible to existing multi -family development immediately adjacent to the property on the west side and that will also
be compatible with single-family development that is currently occurring immediately east of the property. With direct
access to Gregg Avenue and transit along the corridor, development of the property with the RI-U district will not
negatively impact traffic.
d. Availability of water and sewer (state size of lines).
Public Water and Sewer is available and accessible along Gregg Avenue and Elm Street.18" sanitary sewer mains and 8"
water mains exist on both Gregg Avenue and Elm Street.
e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and
with land use and zoning plans.
Given the properties close proximity to services located along the Gregg Avenue Corridor, development of the property
under the rules and regulations set forth in the RI-U District would be highly consistent with land use planning objectives,
principles, and policies. The RI-U District will make possible development that is in strict accordance with City
Neighborhood Areas while providing the flexibility needed to create an appropriate and compatible transition to the
Residential Neighborhood Areas to the east.
The property has an infill rating of 9 and 8. The higher infill rating coupled with close proximity to transit closely fits the RI-
U districts intended purpose to provide a range of housing types compatible in scale with single-family homes. The rules
and regulations set forth in the RI-U District also make possible a development form that will discourage suburban sprawl
and make compact, complete, and connected development the standard. Those same rules and regulations will also
make possible more preservation of land.
f. Whether the proposed zoning is justified and/or needed at the time of the request.
The proposed zoning is needed at this time in order to ensure that future development on the property is more in
accordance with the principles of City Plan 2040.
g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion.
The proposed zoning will not create or appreciably increase traffic danger or congestion. The Gregg Avenue corridor can
easily and safely accommodate any new traffic generated from development of the property. Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
PadydT-07 df 421
h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public
services including schools, water, and sewer facilities.
With only 1.71 acres proposed for rezoning to the RI-U District, the proposed zoning will not alter the population density in
a way that would significantly increase the load on public services.
i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification.
The proposed zoning will encourage a development use and form that is more in accordance with City Plan 2040 and
contribute to the environmental, economic, and social benefits that City Plan 2040 offers.
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
PadydMV df 421
PROPERTY LINE ADJUSTMENT/ LOT SPLIT
.1-A v [-; I I1I nlllnt_'LN'I' LAND URTIF:RA
j TOTAL ACREAGE J I•"::':�1:I' I)RA1NWATRR. RAMAXIS IITRuII
1 :.:
2.07 ACRES +�-1727
Ex LAST .3
y 1 O PARCEL Ii65ACYW.p[p
A _ Q ]ONED W4
10 1 f ` } • 31 . ffilx i. RFNEE
/¢ ELM ETRFFT�"'--FCs.. 5L'A 6SRFFj� _,s _ PG. III%313F �"�"Rj�4 }'AYFFFFNIJE AR 71FRI 1
`1 - - T PF:eTESAu1a.06.':
Y'ci ]:.' F'� URAYRL DRIVE nTMRTRDIY RSF'J
Ar 7/ IIl I �{.g'{{/. �iI / /l!! /! I Yr�a.1a4aC. IC -~�ITJS• 3.S,P: 8-
• s� ^.T"ELt]P � f kxWW 3]UWYti KYIF.BRJEHHIFIHiMRP
1,3N VANDMR AVE
•FAVETTTVILLEARY3
FAEI. 6503a60
zuNED.RSIo
.7T
! _ ',• [+ NL II I TRACT I . CFBERTv, mNHR s[kA
I ? 1�I I. I P , _ I. R' ppeLAKs
F,..". 0.18 ACRES + - TAY[TiF.VILLF: AR
} r xousE PAYFTTTVFLLEN6)alUO
11 Al PHouu _ J zrx+}a: kSri
zi
1949 YAMS Af W. Lk'HN
r ! I � � I • I - S•• .. � F�Sxp[�iiItAR Tl](I]
-9. vu fry � � i � PRRCT:1. aiy-ppW[-ppp
LCNED. RSFA
1 i � _ _ d15TURAY. TICUHd UEVN!
1 _I IS'P.iO�
awx7FL r%-]Av¢
73- I PA E. RMFI5 S1A062
s fII 111 1 }�,�7 L.--sNmsl,1'w6 - cUNEnRMF-u
O.IBACRES + - - 7)KRAAUPT, W� MADR A VIRUINIAR
REVISED REZONING FAYETTEVfr.r.FARTI][13-3535
I w REQUEST EXHIBIT DATED I PARCEL T 6 a99R+D
i i�r .f! p •f 7r„ 5. LGN-RMF-3.
r 71 a I 1 17 21 SEE REVISED
SURVEY DESCRIPTION aR)RAGOSE--LIM A VIkGINwx
I ICI - Z-Brl = DATED 1 1/ 7/23. }ATLTIF.VII.I.F. AR 77IM-3535
NI -IT W PARCEL e165•p9yl]
2ANRD: RMF-11
-i6 R
'1 1 ! TRACT C 6 �/- v1 RU FILE DONAI.D
�� I 5f1 COMBINATION O
.. ! RELIAININ ACR FAYECTF.MULAk127M
+ I PARCEL #765-OSS 0- J PARCEL
M5 1
THE ENTIRE PARCEL #76 0 6 0 zoNFD l
O
1.71 ACRES / ]COIP
k7ELU S]2INTRVLLIA-11
TCTGBERA, R1d, Ntl NGVFM DER 1. 201] j FARCYAR 1111
-y PRRCELA']45�13S35MI
�$CS GF BIiARBICr. O
R'ARRAMY IlE}31 FII.PII Rf NUUy� pBl, PAnR ]5307
RI FERE-F MFN]s: a REMAINING v PORTION OF cF "A1F DF A DeDR:A
17M[]N'TGAGEF'RDEF71 }]LPL FN PORTION OF R` I WF THE IJNpERSFpNlmntvNCRS,RE1TEsfN[!N(.' ONE HUNDRPSI
TRACT C
IRITCLAIM-E. 1.1k3111 TRACT 33,4 .41 "I"I TFIODP.]11111111IFTHE AND
11 p[1FTCLAIM llSED FD.F.D IN PROPOSED DkSCkIbETgANDAI. H A- DEDICATE fY1 FIVD[R-BL.RRHIY.
IH]OK bVEI AT PAIR: Feaw PROPOSED FOR ' A]J. RTRFd'>TS 0.NDALLCYY. nR SynWN OF TTILi PIATFUNIiIBL[C
.T7 WARR- DEED FILED IN i FOR �! REZONING BENEFIT AS PRESCRIBED BY V.W. TIIF. UWNEKB A1.5f} WDICATEM
HWK 27(5 AI-YADE 332II REZONING TO RI-12 ASHFNG- COUNTS', ARKANA11-1111 THEE 11, IILITY
CGIAPANIES(1NCf.IJFRWGANYCAHLETTI.FN9SR]N WNR'ANY
,, FILE OEGREEN ACRES nIIDi1'P]N TO RI-U. 0.95 I 0.76 ACRES HULDRFRGA PRANCIi[8EGRANTED BY 1HE Cm ISF F'AYEITEW-I.E)
NLEll NROUY,dAT PAf3E2R1 5}E ACRES THE I'll -AS SHOWN UN T1 Il6 PIA1 FOR THE IVR3tiPF.. pF 51F CRL PLAT) IN JI].Fy VIEW {� I SNSTALLATKIN O NEW FAULFFI A AND TFIF RF.PADL UE Easnsr. ACRES FILL) O W] 3AT i.wA�E Ip2 O v YACD.RQC qI W ESTABLISHFDHFREBY IS THE. Rk:HT CIF [N[iRF:HR 6FRELLEY IATUFLUTFAEB1.[]CK6 AND EGRESS TTSSn1DFASEMENTS, T]IF. RIGH'1"I'OFRUIRBRTIIF
IOOIK4 YIEWAC71 F'l].E❑IN - i�-42'+/- 0 e F.CTIf NLR ILI)IXC.4,51'ROUrURE ORFFSICE$WR NSAIII
DCIOI(dATp11OE TI FASPI,FENT3,ANI}'I'HE RIG]R TG RF.MUVE L]R TRIM TR F.ER W3CHfF TI E WARRANTY DFF-HLEU R:
91 EUDk A7'pAUNliT3 % i , � I SNDEAxFMF:Nl3.
81 PLATOFS[1RVF.Y FILED IN 17h ,ya 'rr/
TOOK 2-Al -11.0
RkGF'ERTY)lNED: DID/ IaMGSE'fllACKS H
PSI, SILAF ]5ft iI p
W MAT PACT REAR 156 40' 80' 120'
i APPROVED FOR RECOROATIDN I xlnI FAYETTENLLE PLANNING ! G-A IC SCn I.1 I IN F}.k'I'p
1HEL[]CAER-D :VIENCE RIInLI'NHF:KF:I]NAR]' - Ilni6 iLW. PROM GBSERva E EVIDENCE IML Gr n6[IVF rkwNn ADMINISTRATION
RIIPIRTENAHCE4. A[.[. [ITILHO EIR APl'E:gN N[i i fRE6P LD9eFY I5 rb PL IIR,C PHR [gtRltrT
UN HrIS Pf D NE ELL M1a E -I1HAT NSA.' fXfS] p�,�1 Date +�� f0 11E BEST OF W I[: �w.[pf{ 1u0 B61EE WrWj GRniFND OFDIn v YIRIFIEDMFUTTit VII I dl THrs 111E 1RP RAI 4F NNTllap, 1011.
L-- ANYTYPf-.TIKAI-E . RI1MEUl U -
LINR TLAT. ALSG E](fST THR7 WERE NUT SH(RSRJ UN
'PHIS fiAT. - V
FLUUDCERPIlCAT1[1N. 5•p STATE OF*
NU IOR11LkR ar TiDB PROPERLY k3 L[3CATF.DRTTH N N616E.E]f !1 i MSURAXCE
Oob
PLL10DALFLD'CN'A8'RSDF.TE R,jMI)BYTIQ SET3W12R -'0j
NA'FIUNALFTAAM MAPM W IHOCRn, FI,,W PaO)8 VS
A KANMS, AATE MM1P R]R WA5H1N[iTCIN COI RIT•Y_ -
N8lP9Tl5'W 16d$$' �' j (y
[FIRM PANEL POS]4.RC071)F DATED OS'IR'XHS] �\\ 1 5 a
i \ TRnC-FOL
PURVEY fX V(S; \ AL P.A o PAN ;' TI.f]TNL•MEF'RI'Jll]a"FFFV IIS1NOR¢I:Yu•Rf:s,ASiBD11'ISkxV nF'RABT[fF TF[I: LU6:'I'11u t.)-FeJE'il(]F;R [n iJ.�L YERnI1 P.% 40aD \'plL.ti[k.THR'ESIfR-.iRT£RW'Ye:CTnN"1.:LFIDaPsh':'[IF THETLRTII¢.ISI U',tn'fF.RnF'R[L s[1f'n11:.tR[Jl-ARIF.R [ll �F LAS9.1�
AI.LOF-NAI-FD FI}']F.}�TI15)ANDPAR'CUF LDTffi%TF:F.N II611N GREEN EICTI[R.-y ALL IN TOWNKH[P 16 M1URTII.A.tV4¢siR•1_s'F. ARDES]CN.iTFJ}e•PIN THE RECDRIH:D P1AT fIFaA61 f1
ACREN ASVBDIYISEDN aF PART OF DES NCIRTHWFST QUARTER OF ME 51'EONNIDN.pE1NGk[]RI:F.SRTIRILARLYp:bLWN1:]IA4 F(IL[11WQTeL4FF: HEfRA: qG ATa Man•:'(W TIfE &]LTH •n[SEwR111rc faI1 rw5 DEAL IS x[
5UUTfIWT.6T QIlAA1F)fwSF.LTI[IHS,ANDAPARTGFTFFIHDRTHFACTQII?J1TEk RFPSTER SCREEi PLiN kHi1CI�F-WAy OF F:I.Mr.'IaEET R'fDC13 rM eBvalrvy.yr MD NB9•f:yx-F. al.$fA[Rd 15LL:8 rm6 vV,i lur
OF THkSW TI[fA4T WAR'TER DFSF.C71E]N 4.ALLINTGWN$HIPi4NUHIN. RANGE, M1'UiR1114tiST[xlkrvF:R OF 6AID[AT P1F'CF:4:M1'!f)S THENCI L[]M1'I1REi:r.%:AI,LgyS g,mg[R'Iw RfOkTUF W:11'Nw')rs]•E u �,h n�
3DWFAT.A5 k1LYR]NATED U['OFI THERECORDFDPLRI'UFSAID RI]RDV13[UN. SAID �U]�1FR-VCLI):nt•Irv[:xAIp RFl]iCAF'•W.ay.wlYpg•611A'b.TW:v[FxRwS]'SYWAW':wF'.r,1f:EN40"OROB'R'::. ;a ey pl,lpRr fO Slrt c{Pr nW ppFS NBE PART UPIATF I6pEING DIEWETIP.DAHEGINNINGATTHE NWiIT--STMRNFRUF TOTHER]INT[HBt{NN'NryG.('OR•fnLV[rxln.19 RCRF.&IUIRF:WLI-SSI'➢IECr TO MHxAt'R.JRpICIS'It}n xswlDf. BEyt w[raapl:.W gEAL Hq gow,lylT,
FAIDLU'1'16 AND R[1NN1NG'I'HENCE NR9'31'S2'E IRIS. T][FNCF.3(GtRSSW I(AI49, ACCESSRl:[n)IY MSE4F.YfR1:IM�DFx["A®ED.;E nPnR'I'[H'ItttM:MBER¢N P1F-MTNIII]NOAGFN Ac-kFR,A
TIEENCFIT. N009213-FI0..81: 111'[HE r'GDfi OF bLNJMHIND, Sl:BpY18k%V[IE'PAKTOFTIMN()RNIWi:aTQNRRTER OF 111E s[r-Ixw£xl pllAeliQu1'SF:cTgN3..aND.i P.Verrk'TH6 VI( INI I)'11AP
[:[RJ'I'AININC RN R L 6i VURTIIEan-[ U1'ARTF'R DF THE uR �I'w'ti'
MREB,MGREUR LFs.S. SUBIF.CF SUALL EARFMF]fTS AND
RIGH73 JE-WAYGFREJ:URp.
pLSIGNA-IIP[HF THE RECUADT.DPI AT DF"= Sl9pV'ISIII,.IMF: ENCEIfMT C*SAM WENIE BENI SIRE
LTA
'
FnATILl I-r.YI]EECRIBED AS PI---1. Tnw]T: 0601 AT WIT ON' INF... R'H]4VSILR-11,SE-lN
R]DIDa1P'�WAT(H LIN MEET WNICH I6 IWW14" lJRR• tr AllN51-52T103. 1!' FRBaS THE NORTI I5'RB¢cxRINER OF
•I
A PRk[CkLUT NRBE£.
`GVSI.;I
kU GIET
SANlxD1[AAF1I:'MHIt;[TTDL
.N
C$U
I61NGREARFRADO TJA
F:
THFR\AFWNTSWDRIAN-IF-xA�
•YDFRELYl.
TFIF-7VI1tES7'(yIARTFPOFSECTY]N3,A APARTUF'THENGRTNF.A57'
QU-i-EROFTHE9pl)TFIEA3TQlTARTE&Uk3LLT[nN A, .q],L D1'CURTiRIOP ]A
AVAyTOF CUT N[.'I[W:xr=.RRIFT£i\IIIFnND.i PART(IF[ATNI'IAREWJSR1ArEEH(IE3TN CkP.4.H 8116fi[YRR])'
NORTH. KANGE JO WERT.AS DEBIRfATT.D uppN THE REIXIRDF11P1A7'UF SRID
SI36DIV1RH7N. BEDIU
.{{:RE8.A
OF PART Of•RII: VIIk]8ry'}8Tl][:ANT2R[N"IHEBIXZHM'EBTCIInkIx:R UR gECTIG1i 3,nNbA PART OFTIQ !kkI'Il1F:ASF
AFORE PARTkA7LARLY DESCRIBED AS FGLLGA'fV TryW'![:
HE41NN]NDATAPON'CUN THE 6F111THMAS'TERSIRF.f.TYLANRN]HTAF•R'AYGF'
IjI'ARTERGf'HU. RiR THEAS[P'AR3YR lIFKFiIT[RN.,A1L]N TSwVR%H1P l6 N[HFTIL RnMWMW'FST.ASDESR:\A'[FI)
I(]NHI£Rk.Cilk11prnT SMDHI.EMIV'WRML SEIHD HMP.VAR;FCL'LARLYDEBlRIE1.IIM FC OW£'R}W'R
f i5
5
F3MSTRELT W'HI01 r4SII ANDN89515- 1-FROMTHG
DTALNNLOMARxvT[vIT13K SCI- MMIP:RYTRF.ETMI RkAFr�T-W.;YOFELMYPkP.F:[WH[('HISSOo-G1•I¢'^A'{,{p'
'•�
NGN'DRWFRT COkNeNaE SND1..1 F'IFTF}-N(15j THENE [YJNTR MG RS Gp1U3AD)
kW1H
FAGI.[1lIf N1IRTHwF.STCORNER1lF safn i[[T FIFTEEKfE1y RVDAI ThT1'OTHENC'RAFxcR: RAIDNOITII RkMI'+R'-W,;y
I�
NN1FR�flT-WAY NSY'STSYE7F.W, THENCE LEAYINGSAID RK)HT{]F•WAY
Sart1Y32' 112.[IP.T1IMCF.R$9yl'S2'R'71.51', THENCE NOFR$VR^SY II 2UI"CUTHF.
tibY']I']i'F.ol.y,',T]iENCE 500`[CNT'e:It.fQ, NIGkLENaR']I']YFAfp-TIRNCE NIvtIin�W },]ry. HIENCI: M1wsli]'E
°].W.ifo:N[F.pRR'px]]'W'SIbPh>AV 1:AIRTPR]RE-L THE. 1..NR'/'41'10"WI&r2'Tn .1TR F.%15TArG kL13.Rk MA]1FP0
PWM[SFREC.Ii12RNG.CGNTA1xRfG0aALRES, MURK ORLE29. 3DB1ECT TU ANTI
Tll[['tirI'IVF:[IFN;N]ATI],T[o-w,'E PLplq gnDSWFxrI.IVF81A°OSl1-WS]].91•T[I.t ERIRTINGAV.N¢R MARRIM1TI
1
IIAVMURI tMMA2)'WIDEACC &IInLrTY3);SF)AF.NT BEINGUF3CRSBRD
AS PAIL-(1T-NI IMpF.RED FIFTLENf 15J IN GREEN ACRES, SUBDIVISION [5L
T16i8[A'IHe'.AFT CIRNER OpsNDlxrl'IATHENC'K UGA:-IaIF:R[R731LRE TFIP.Rl:[]FVw'1RI5'W 16].W t11THE
�" 1-ITCOR ISOFSNlI1-15.T11[+C'E ALUVI11-1 wE9T LINE W SAM IFtt IS y�[p`I I'F 1fi.1H,'rHETLE
L¢AVIN
`i+15
�'
AA
FTHENUHE Ni UTTH[8f5[ 3.
11.wERTLDRENa9•]R•tswTR.pryTOTilF.IjixS'RRIItTiIf-WAYOP[:kPxR:eTREET.T1�VCl:AI[1VpSAIDEAST
Rk:NrnT-wAT'YIMS916'}lvuai•T[1FND80L'1H MurFFy
IRTQ11pkTEk
ANDA F.WI'1'(lllAkTCRGFSEC11L1N
ANllA PART GP THE NL]kTHEA.4T QI IARTEk OF TTfF 4(P TFNEAST VI]ARTTDRGF
B]REETPLAV Rk.Vn-aIF R'AYIIR ELH S'IMF}.T THENCE
ALUke1RAD)Sn1.Til]dAS[EK flip EET PL/iVR[UNfau-x'Al"M1Y9']1'St'2A1.5C
;
ir.C11GN i. ALI. D! TOWNSHIP 16 NURTl I, RANGE 3H W}3T. ARI3FUGNAIF.131TIVN
nrHIEIW�T OT•f1E[:MNC'[D.MA`NNII
.'/I ACRES. AILVIF M I I HAYLVG RIGS-11A7s RTDE.;CCMSI L-IILITY EASEMENT f1EDl(:DFBCRISEDA
THE REMP DED PLAT OF SAID$ijBll]VIS[GH, TIIE CEWT}:RLINEGFSAI[1 F.ASEIIENT
FOLLOW£ tlEGFVNING ATA
BEING MOREPARTIrl
.I PAkF
Iq rAT NI'MR¢RF111'IFTF;kN jH)EV pRpRN.uuF:y ABIJPDR'D10.1[%'rApT INT16 VORTHWIST QUARS6It W1HF:
aIf-EST QUARTEk13FRECTKIN]AND I-1-1STfEiNHtlflEnsl'QI'ARTER CT TIIS&WDµslyTgllR10ETA DF
MARI STER STREET LAN
PGINT UN]HESLNITfIMASTER STREET P[.0.N RIGHTL`F-WAY OF ELM SFREET
AVOF
WHICI I IS Ai10
SECTIDN'Af].1N'DmM1BHI 16 Hp MRAYII;)0 wF8[. AR EFS1[MATFD-THIS ME.1{I-FI-;TW SAIII
TGITW 3 AND NO'SI'5]-E 1031 Y FROM IHE NORTIWEST []JRNER
OF SAID LOT FIFTEEN[ 17) A D RI Wr1rG THENCE I:RBD7)j•W.31. 'TO 'IF EMIT'
FRI6DINEIQN,iNE''TNTER-OF3:.W1I-ENT BEEN. MORE 1, A, FCd1AMR>WIT�
BFLIXNDR:A1'A TIkM1'T GPI TIR SOlNHTNA6TER RTRG6TPLAN RxpTTgT-wAY nP f]at-LF;T -I IS SBVPy1r5P
OF TERMLNATION OF.RA11) RASF;MENT. AFSO, S1 WB -Tn AI.I. CTHERE SENIF.NT6
AH1)RIG/UR-LI IAY[]I'ST.-D
]_II
AFID NIB') 1•]TF', 1113'FQOEI'IN' Ix.IT IT-1111RAID LUT FIE]¢111111 AND RiITTM] TNT 1: Ru�lTW
EIIS&-"II'MMOFTERfd1A'nY W0FR]DE.M2MRNl'.A1nn,gLT{)E('7T[I.11-MFREASEMS-Ann
R101TIx[»'-R'AY OF RNCOR➢
11
RNI LS ANB 9EVHfTOP:
LEGACY VFiNTL'RES
Bates -LEGEND:
�� ��� $ FELL
DIF
Associates. Inc.
'� !dF !'llY BT
rdxamr]ru, n11LA.va TEPw
■ Q
I �"'�::�:„ WRIT
OJIVr'41 LNM Iagl7
•BT�REM
o ANSE
Rl.eok:urvu
Da ID: OFI6T901,1011. TNP.- REL
Klnd: 9MYFY
M111J: SS/OdIT012 .t SD: RD:D1 AN
yPR ARt: ESS.DO Pepe i of 1
.A. St°.ee: a ��l,R-.
F,1.2012450315490171171 sion
February 13, 2023
LLC)
File Number: 201200033545 Page 1 GF 1
Pacfo#MIS Bf �21
RZN-2023-0002 (LEGACY VENTURES LLC)
Pa(YeR Of 411
RZN-2023-0002 N. GREGG AVE AND W. ELM
Close Up View ST
I-1
W Q
Q—PEAR,Sco
U)
a
W
c-2
POP�gR cr _
Neighborhood Link
Residential Link
■ ■ Planned Residential Link
Trail (Proposed)
Planning Area
` - - Fayetteville City Limits
RSF-4
Subject Property ELM ST
I
J
a
z
Proposed RI 011.
Q
Q = W
W I m
No
Proposed
RI-12
Feet
-- - - - - - - - - - - - - - - - - - - - - - - - - - -
POPLAR ST
W
LU
LU
a
W J
W
Q Z
W
W
A&
NORTH
0 75 150 300 450 600
1:2,400
Zone Current Proposed
RI-U 0.0 1.7
RSF-4 1.7 0.0
Total 1.7 ac
Planning Comm
RZN-2023-0002 (LEGACY VENTURES LLC)
PadY6 d# 421
RZN-2023-0002 (LEGACY VENTURES LLC)
PacY6 ®# 421
RZN-2023-0002 N. GREGG AVE AND W. ELM
Future Land Use ST
o -
w
to '
w
Non Municipal ••
Go ernment ,•
•
■ ■ ■'to ■ ■
■ ■ ■ ■ ■ ■ ■
Subject Property
• I
' w
o
' w
y
'
PEAR-ST
J
a
z
O
D
0
City
Neighborhood
Residential
Neighborhood
ELM-ST
0
w
Y
a
m
ORTH
COLT -SQUARE DR
Q
to
w
w
I
SOUP ----------
' '- POPLAR=ST------------
----------------- _
w—POPLAR-ST - - - - j
0 WF
a ITX Uw
U O >;
m O� MILLER-ST Q
—MILLER-ST Z Civic
Institutional
LU a o
a
w 00
J
—ASH-ST —ASH � �
'ST—a-
_J
Z
Z
OOco
w
a
Neighborhood Link City Neighborhood
Unclassified Civic Institutional
Civic and Private Open Space
Residential Link Industrial
■ ■ Planned Residential Link Feet Natural
_1 Planning Area Non -Municipal Government
0 145 290 580 870 1,160 Residential Neighborhood
�- - -� Fayetteville City Limits Rural Residential
- - - Trail (Proposed) 1:4,800 Urban Center
Planning Commis
RZN-2023-0002 (LEGACY VENTURES LLC)
PacfdFff df 421
Additional Information Received from
Blake Pennington, Assistant City
Attorney on 3/21/23 at 2:33 p.m.
ORDINANCE NO.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 23-002 LOCATED SOUTHEAST OF NORTH GREGG AVENUE AND WEST ELM
STREET IN WARD 2 FOR APPROXIMATELY 1.71 ACRES FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12
UNITS PER ACRE AND RI-U, RESIDENTIAL INTERMEDIATE -URBAN, SUBJECT TO A
BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B)
both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single
Family, 4 Units Per Acre to RI-12, Residential Intermediate, 12 Units Per Acre and RI-U,
Residential Intermediate -Urban, subject to a bill of assurance.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED this 7ffi day of March, 2023.
APPROVED: ATTEST:
an
an
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
Page 228 of 321
SILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter "Petitioner) Legacy
Ventures LLC, hereby voluntarily offers this Bill of Assurance and enters into this
binding agreement and contract with the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce
any and all of the terms of this Bill of Assurance in the Circuit Court of Washington
County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate
any term of this Bill of Assurance, substantial irreparable damage justifying
injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The
Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville
City Council will reasonable rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the
Fayetteville City Council.
1. This bill of assurance restricts use to either single-family detached housing or single-
family detached housing per the cluster housing development ordinance on
property currently defined by Washington County Parcel 765-05839-000, totaling
approximately 1.50 acres. This bill of assurance restricts building height to two-story
or less. Both restrictions do not apply to the north -westernmost 0.18 acres of
Washington County Parcel 765-05839-000, an area otherwise defined as the
northwestern panhandle of the parcel measuring roughly 41.26'x188.50'. Both
restrictions do not apply to Washington County Parcel 765-09486-000. Restricted
areas shall be as substantially shown on the attached Exhibit 1.
2. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by ordinance
of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the
Washington County Circuit Clerk's Office along with Petitioner's rezoning
ordinance and shall be noted on any Plat, Large Scale Development, Large Site or
Small Site Improvement Plan, or other development authorization which includes
some or all of Petitioner's property that is subject to the rezoning ordinance and this
Bill of Assurance.
Page 229 of 321
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, 4t_ as the owner, developer or
buyer (Petitioner) voluntarily offer all such assurances and sign my name below.
Date Printed Name
Addr
�P� �,
7z71: -7 Sionature
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON
�r, Arts;-eZ, Aej, -
And now on this the Zt day of h119re( 2023, appeared before me,
.01 L. !'11;1-44►' a Notary Public, and after being placed upon his/her oath
swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and
signed his/her name above.
My Commission Expires:
-7z13l3t
r)z-t4�1' y-
-�
NOTARY PUBLIC
NO PJBLIC
WaBhinton Country, Arkansas
MY f ,;mrnission Expires 7131r031
f'r»fin�ission Number 12382441
Page 230 of 321
EXHIBIT 1
Page 231 of 321
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Donna Wonsower, Planner
DATE:
CITY COUNCIL MEMO
2023-502
SUBJECT: RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255): Submitted by
JORGENSEN AND ASSOCIATES for property located at 2910 N Old Wire Rd in WARD
3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRE and R-A, RESIDENTIAL AGRICULTURE, contains approximately 14.70 acres.
The request is to rezone the property to R-A, RESIDENTIAL AGRICULTURE on 5.75
acres and NC, NEIGHBORHOOD CONSERVATION on 9.54 acres.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located in east Fayetteville, roughly 700 feet west of the intersection of N Crossover
Rd. and N Old Wire Rd. The property's zoning is currently split between RSF-4, Residential Single -Family,
Four (4) Units per Acre on the western half and R-A, Residential Agriculture on the eastern half. Except for a
one single family house, the three parcels (cumulatively 14.7 acres) are undeveloped. The entire property is
covered with extensive tree canopy. The eastern half is part of the streamside protection zone / floodplain &
floodway of Niokaska Creek and is largely designated as part of the Enduring Green Network.
Request: The request is to shift the alignment of the existing R-A, Residential Agriculture zoning district to
follow the boundary of the 100-year flood line, and to rezone the remainder of the property to NC,
Neighborhood Conservation.
Public Comment: Five (5) members of the public offered comments in opposition of the item via email. Among
their concerns were the potential increase in traffic, environmental concerns, negative impact on home values
and neighborhood character, and lacking existing infrastructure including schools. One (1) member of the
public emailed in support of the project. Additional members of the public spoke in person at the meeting, a
summary of which is included below.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. Residential uses
and densities located near the subject property vary substantially. Neighboring properties are of a variety of
sizes but generally follow a cul-de-sac development pattern. The existing and proposed zoning districts have
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 232 of 321
similar allowable uses, but the NC includes urban form setbacks rather than traditional setbacks. When
compared to RSF-4, rezoning to NC will decrease the lot area minimum for single and two-family uses from
8,000 and 12,000 square feet respectively to 4,000 sf. In addition, NC would have a build -to zone of 25 feet
rather than a front setback of 15 feet, and a rear setback of 5 feet rather than 15 feet. NC requires a 40-foot lot
width minimum while RSF-4 requires a 70-foot lot width minimum for single-family dwellings and an 80-foot lot
width minimum for two-family dwellings. Conversely, both NC and RSF-4 include up to a three-story height
limit.
Since the subject property contains roughly 8.14 acres of RSF-4, a maximum of thirty-two (32) units are
permitted under current entitlements, where the proposed rezoning to 9.54 acres of NC would increase the
density cap to ninety-five (95) units. That said, any future development would be subject to, and limited by,
minimum parking requirements, tree preservation, drainage, and access management standards.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future
land use designation for this location. Rezoning from RSF-4 to NC serves to contribute towards City Plan 2040
Goal #1— Appropriate Infill; #4— Growing a Livable Transportation Network, #5— We Will Assemble an Enduring
Green Network, and #6— Create Opportunities for Attainable Housing. The site scores moderately on the Infill
Scoring Matrix due to water/sewer access, public parks and trails, and the proximity of fire station #5. The
RSF-4 and NC have similar allowed uses. However, because of the flexible zoning regulations associated with
the NC district, rezoning may allow for redevelopment or added density while maintaining more tree canopy
and natural areas than would be possible under the more Euclidean RSF-4 zoning district.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 5 attributes for this site that may
contribute to appropriate infill. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #5, 2979 N Old Wire Rd.)
• Near Sewer Main (8" sewer main, N Old Wire Rd.)
• Near Water Main (6" water main, N Old Wire Rd.)
• Near City Park (Gulley Park)
• Near Paved Trail (Niokaska Creek Trail)
DISCUSSION:
At the February 27, 2023 Planning Commission meeting, a vote of 5-2-1 forwarded the request to City Council
with a recommendation of approval. Commissioner Brink made the motion and Commissioner McGetrick
seconded. Commissioner Holcomb recused himself for this item. Commissioners in favor of the rezoning found
the intent of Neighborhood Conservation to be compatible with RSF-4, allowing for more flexible, walkable
development. They also noted that although the property is not directly located in an urban growth center on
the 2040 plan's growth concept map (designated on a scale of 1-3 depending on intensity), it is between a tier
2 and a tier 3 center on a high -activity corridor. Per the plan, the tier centers identify key growth nodes and
major areas that should be conserved for natural resources and open space (City Plan 2040, pg. 12). The
commissioners voting in favor of the rezoning also cited the logical re -alignment of the R-A zoning with the
floodplain. Commissioners Garlock and Madden voted no citing a low infill score, limited possibility for
connectivity to surrounding properties, and the property not falling within the bounds of the tier 2 center, and
misalignment with the future land use map and master street plan regional link.
Seven (7) members of the public spoke during the meeting. Discussion from the public focused primarily on
compatibility with the existing neighborhood, drainage and flooding, density, increased traffic, environmental
impact, insufficient schools, and the public hearing process.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 233 of 321
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 234 of 321
® City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-502
RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255): Submitted by
JORGENSEN AND ASSOCIATES for property located at 2910 N Old Wire Rd in WARD 3. The
property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and R-
A, RESIDENTIAL AGRICULTURE, contains approximately 14.70 acres. The request is to
rezone the property to R-A, RESIDENTIAL AGRICULTURE on 5.75 acres and NC,
NEIGHBORHOOD CONSERVATION on 9.54 acres.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
23-004 LOCATED AT 2910 NORTH OLD WIRE ROAD IN WARD 3 FOR APPROXIMATELY
14.70 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND R-A,
RESIDENTIAL AGRICULTURE TO R-A, RESIDENTIAL AGRICULTURE AND NC,
NEIGHBORHOOD CONSERVATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF-4, Residential Single -Family, 4 Units
Per Acre and R-A, Residential Agriculture to R-A, Residential Agriculture and NC, Neighborhood
Conservation.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
Page 235 of 321
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-502
Item ID
3/21/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/27/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255): Submitted by JORGENSEN AND ASSOCIATES
for property located at 2910 N Old Wire Rd in WARD 3 . The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY,
FOUR UNITS PER ACRE and R-A, RESIDENTIAL AGRICULTURE, contains approximately 14.70 acres. The request is to
rezone the property to R-A, RESIDENTIAL AGRICULTURE on 5.75 acres and NC, NEIGHBORHOOD CONSERVATION on
9.54 acres.
Budget Impact:
Account Number
Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ -
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
V20221130
Previous Ordinance or Resolution #
Approval Date:
Page 236 of 321
RZN-2023-0004 2910 N OLD WIRE RD
Close Up View
"Olp R�
00)
—STRAWBE
' Greek -
ya eGtia< � . -
�m
j
NORTH
Zone
Current
Proposed
Regional Link
Neighborhood Link
NC
0.0
9.5
P-1
0.0
0.0
Residential Link
R-A
6.8
5.7
Feet
RSF-4
7.5
0.0
Trail (Proposed)
r ' Planning Area
0
75 150 300 450
600
Fayetteville City Limits
1 :2,400
Total
15.2 ac
Page 237 of 321
RZN-2023-0004
EXHIBIT "B"
PROPOSED NC:
A PART OF THE FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31,
TOWNSHIP 17 NORTH, RANGE 29 WEST, A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH BEING IN
SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID FRACTIONAL SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, AND RUNNING 502°14'17"W 97.12 FEET TO THE TRUE POINT OF BEGINNING,
SAI❑ POINT ALSO BEING LOCATED ON THE SOUTHERN RIGHT OF WAY OF NORTH OLD WIRE ROAD, AND
RUNNING THENCE S42°15'49"W 429.56 FEET; THENCE S87°52'31"E 123.32 FEET; THENCE S08°33'31"W
53.99 FEET; THENCE SOS°31'45"W 57.41 FEET; THENCE S24°32'37"W 24.30 FEET, THENCE S24°54'10"W
53.06 FEET; THENCE S32°19'52"W 81.60 FEET; THENCE S22°31'13"W 31.24 FEET; THENCE S30°56'30"W
55.84 FEET; THENCE S67°02'26"W 19.68 FEET; THENCE S46°06'51"W 27.99 FEET; THENCE S33'54'04"W
31.67 FEET; THENCE S24°14'51"W 66.12 FEET; THENCE S50'36'17"W 30.08 FEET; THENCE S22°18'47"W
24.79 FEET; THENCE S08°12'04"W 45.76 FEET; THENCE S26°45'39"W 32.36 FEET; THENCE S51°35'25"W
9.85 FEET; THENCE S51°35'41"W 8.83 FEET; THENCE S24°30'55"W 20.93 FEET; THENCE S03°58'37"W
40.38 FEET; THENCE S19°01'59"W 20.25 FEET; THENCE S14°09'59"W 60.86 FEET; THENCE S09°28'53"W
18.99 FEET; THENCE S35°51'49"W 15.43 FEET, THENCE S50°39'06"W 4.53 FEET; THENCE N35°50'03"W
327.54 FEET; THENCE N35°16'57"W 400.46 FEETTO THE SOUTHERN RIGHT OF WAY OF NORTH OLD
WIRE ROAD, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 5 COURSES: ALONG A CURVE
TURNING TO THE LEFT, HAVING A RADIUS OF 2397.52 FEET, AND WHOSE LONG CHORD BEARS
N40°57'49"E 147.18 FEET; ALONG A CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 3286.14
FEET, AND WHOSE LONG CHORD BEARS N41°51'51"E 218.96 FEET; ALONG A CURVE TURNING TO THE
RIGHT, HAVING A RADIUS OF 1347.97 FEET, AND WHOSE LONG CHORD BEARS N48-18'14"E 205.46 FEET;
ALONG A CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 1689.10 FEET, AND WHOSE LONG
CHORD BEARS N55°03'18"E 261.36 FEET; ALONG A CURVE TURNING TO THE RIGHT, HAVING A RADIUS
OF 573.12 FEET, AND WHOSE LONG CHORD BEARS N61-16'48"E 42.19 FEET TO THE POINT OF
BEGINNING, CONTAINING IN ALL 9.785 ACRES, MORE OR LESS.
PROPOSED R-A:
A PART OF THE FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31,
TOWNSHIP 17 NORTH, RANGE 29 WEST, A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH BEING IN
SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID FRACTIONAL SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, AND RUNNING 502°14'17"W 97.12 FEET; 502°15'49"W 429.56 FEET; and
S87°52'31"E 123.32 FEET TO THE TRUE POINT OF BEGINNING, and running THENCE S87°52'31"E 409.20
FEET TO THE WESTERN RIGHT OF WAY OF NORTH CROSSOVER ROAD, AND RUNNING ALONG SAI❑
RIGHT OF WAY THE FOLLOWING 3 COURSES: S30°12'22"W 234.20 FEET; 525°57'22"W 107.26 FEET;
S21°46'26"W 105.67 FEET; THENCE LEAVING SAI❑ RIGHT OF WAY 558'02'23"W 336.11 FEET; THENCE
N84°10'57"W 40.00 FEET; THENCE S22°05'53"W 306.47 FEET; THENCE N35°50'03"W 160.87 FEET;
THENCE N50°39'06"E 4.53 FEET; THENCE N35°51'49"E 15.43 FEET; THENCE N09°28'53"E 18.99 FEET;
THENCE N14°D9'59"E 60.86 FEET; THENCE N19*01'59"E 20.25 FEET; THENCE ND3'58'37"E 40.38 FEET;
THENCE N24°30'55"E 20.93 FEET; THENCE N51°35'41"E 8.83 FEET; THENCE N51°35'25"E 9.85 FEET;
THENCE N26°45'39"E 32.36 FEET; THENCE N08°12'04"E 45.76 FEET; THENCE N22°18'47"E 24.79 FEET;
THENCE N50°36'17"E 30.08 FEET; THENCE N24'14'51"E 66.12 FEET; THENCE N33°54'04"E 31.67 FEET;
THENCE N46°06'51"E 27.99 FEET; THENCE N67'02'26"E 19.68 FEET; THENCE N30°56'30"E 55.84 FEET;
THENCE N22°31'13"E 31.24 FEET; THENCE N32°19'52"E 81.60 FEET; THENCE N24'54'10"E 53.06 FEET;
THENCE N24°32'37"E 24.30 FEET; THENCE N05'31'45"E 57.41 FEET; THENCE N08°33'31"E 53.99 FEETTO
THE POINT OF BEGINNING, CONTAINING IN ALL 5.497 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS
AND RIGHTS OF WAY OF RECORD.
Page 238 of 321
CITY OF
i
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: February 27, 2023 (Updated with results from Planning Commission)
SUBJECT: RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255):
Submitted by JORGENSEN AND ASSOCIATES for property located at
2910 N Old Wire Rd. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, FOUR UNITS PER ACRE and R-A, RESIDENTIAL
AGRICULTURAL, contains approximately 14.70 acres. The request is to
rezone the property to R-A, RESIDENTIAL AGRICULTURAL on 5.75 acres
and NC, NEIGHBORHOOD CONSERVATION on 9.54 acres.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0004 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2023-0004 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in east Fayetteville, roughly 700 feet west of the intersection of N.
Crossover Rd. and N. Old Wire Rd. The property's zoning is currently split roughly half between
RSF-4, Residential Single -Family, Four (4) Units per Acre on the western half and R-A,
Residential Agricultural over the eastern half. Except for a single -single family house, the three
parcels (cumulatively 14.7 acres) are undeveloped. The entire property is covered extensively
with tree canopy and the eastern half is part of the streamside protection zone / floodplain &
floodway of Niokaska Creek. Most of the land currently zoned R-A is designated as part of the
Enduring Green Network.
Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
South
Streamside / Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre /
R-A, Residential Agricultural
East
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCR(IW 239 of 321
Paqe 1 of 20
Request: The request is to shift the alignment of the existing R-A, Residential Agricultural zoning
district to follow the boundary of the 100-year flood line, and to rezone the remainder of the
property to NC, Neighborhood Conservation.
Public Comment: Two members of the public offered comment in opposition of the item. Among
their concerns was the potential increase in traffic, environmental concerns, negative impact to
home values and neighborhood character, and lacking existing infrastructure including schools.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Old Wire Rd., a partially improved
Neighborhood Link street with asphalt paving, and open ditches. The subject area
also has frontage along N. Sumac Dr., a fully improved residential link street with
asphalt paving, sidewalk, gutter and curb. Any street improvements required in
these areas would be determined at the time of development proposal. Any
additional improvements or requirements for drainage will be determined at time
of development.
Water: Public water is available to the subject area. Existing 8-inch water main is
present on the south side of N. Old Wire Rd. Existing 6-inch water main is
present on the north side of N. Sumac Dr.
Sewer: Sanitary Sewer is available to the Subject area. Existing 6-inch sewer main is
present on the North side of N. Old Wire Rd.
Fire: Station 5, located at 2979 N. Crossover Rd., protects this site. The property is
located approximately 0.5 miles from the fire station with an anticipated drive time
of approximately 1 minute using existing streets. The anticipated response time
would be approximately 3.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District.
A portion of the property is designated as having hydric soils, a known indicator of
wetlands. However, for an area to be classified as wetlands, it may also need
other characteristics such as hydrophytes (plants that grow in water), and shallow
water during parts of the year. Hydric Soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It's important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal.
A portion of the property lies within a FEMA floodplain. A floodplain development
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN S69W 240 of 321
Page 2 of 20
review will be required at the time of permit or plan submittal. This will restrict the
type of development and impact in flood zones; and may require additional
documentation such as flood studies or elevation certificates depending on the
type of development. If a development impacts a floodplain, those impacts may
require review and approval from FEMA.
A portion of the property lies within a streamside protection zone. Streamside
Protection Zones generally consists of a protected area on each side of a stream
or creek. This "protected area" is meant to preserve woody vegetation and natural
areas along stream corridors to improve/protect stream health. At a minimum, it
will be 50ft wide as measured from the top of bank but depending on the shape
and extents of the floodway, it could be substantially more. Certain construction
activities such as trails and some utilities are allowed in these zones, but in general,
improvements such as parking lots or buildings are prohibited.
Tree Preservation:
The proposed zoning district of NC, Neighborhood Conservation requires 20%
minimum canopy preservation. The zoning district of RA, Residential
Agricultural, intended to be re -aligned but not removed, requires 25% minimum
canopy preservation. The current zoning district of RSF-4, Residential Single -
Family, Four Units Per Acre requires 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as a Residential Neighborhood and Natural Area.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
neighborhood development that incorporates low -intensity non-residential uses intended to serve
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood.
Natural Areas consist of lands approximating or reverting to a wilderness conditions, including
those with limited development potential due to topography, hydrology, vegetation or value as an
environmental resource. These resources can include stream and wildlife corridors, as well as
natural hubs and cores, many of which are identified in the generalized enduring green network.
A Natural Area designation would encourage a development pattern that requires conservation
and preservation, prevents degradation of these areas, and would utilize the principles of low
impact development stormwater infrastructure for all developments. Natural Areas are prime
candidates for conservation subdivision design and/or clustered development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site,
with a weighted score of 6 at the highest. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station #5, 2979 N Old Wire Rd.)
• Near Sewer Main (8" sewer main, N Old Wire Rd.)
• Near Water Main (6" water main, N Old Wire Rd.)
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN S69W 241 Of 321
Page 3 of 20
• Near City Park (Gulley Park)
• Near Paved Trail (Niokaska Creek Trail)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be compatible with the
surrounding context. Residential uses and densities located near the subject
property vary substantially. Neighboring properties are of a variety of sizes
but generally follow a cul-de-sac development pattern. The existing and
proposed zoning districts have similar allowable uses, the NC includes
urban form setbacks rather than traditional setbacks. When compared to
RSF-4, rezoning to NC will decrease the buildable area of the lot for single
and two-family uses from 8,000 and 12,000 square feet respectively to 4,000
square feet. In addition, NC would have a build -to zone of 25 feet rather than
a front setback of 15 feet, and a rear setback of 12 feet rather than 15 feet.
Since the subject property contains roughly 8.14 acres of RSF-4, a maximum
of thirty-two (32) units are permitted under current entitlements, where the
proposed rezoning to 9.54 acres of NC would increaser the density cap to
ninety-five (95) units. That said, any future development would be subject to,
and limited by, minimum parking requirements, tree preservation, drainage,
and access management standards. NC requires a 40-foot lot width minimum
while RSF-4 requires a 70-foot lot width minimum for single-family dwellings
and 80-ft lot width minimum for two-family dwellings. Conversely, both NC
and RSF-4 include up to a three-story height limit.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals
in City Plan 2040 and the future land use designation for this location.
Rezoning from RSF-4 to NC serves to contribute towards City Plan 2040
Goals #1 — Appropriate Infill, Growing a Livable Transportation Network, #5
- We Will Assemble an Enduring Green Network, and #6 — Create
Opportunities for Attainable Housing. The site scores moderately on the Infill
Scoring Matrix due to water/sewer access, public parks and trails, and the
proximity of fire station #5. The RSF-4 and NC have similar allowed uses;
however because of the form -based zoning regulations associated with the
NC district, rezoning may allow for redevelopment or added density while
maintaining more tree canopy and natural areas than would be possible
under the RSF-4 zoning district.
The Future Land Use Map designates the site as split between Residential
Neighborhood Area, which supports "a wide variety of housing types of
appropriate scale and context including single-family, duplexes, rowhouses,
multifamily and accessory dwelling units," and Natural Area, which
"promotes conservation of open space and areas of significant riparian
benefit." Staff is supportive of realigning the R-A zoning district to the 100-
year flood boundary, as the change would more accurately reflect the intent
of the future land use plan to preserve the riparian area adjacent to Niokaska
Creek. Further, adding density as designated by the "Residential
Neighborhood" designation is likely best facilitated by the regulations in NC
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCR(IW 242 of 321
Page 4 of 20
zoning and is justified given the property's proximity to commercial and non-
residential uses in north Fayetteville.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning to NC is justified. Rezoning may be less restrictive
in allowing the property to develop under proportional regulations. Because
rezoning will better support infill redevelopment on the property, staff finds
the proposed zoning to be consistent with the City's future land use goals
and therefore needed at this time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning to NC has an associated potential to increase traffic at this
location. NC permits development at 10 units per acre where it is currently
limited to 4 units per acre. Staff finds potential to increase the number of
residential units above what is currently allowed by right; subject to
constraints such as steep slopes, tree preservation requirements, and other
design requirements. Staff finds the increase in density is unlikely to result
in increased traffic danger or congestion. The subject property has access
to N. Old Wire Rd., an improved Neighborhood Link. Future development
would be required to meet the City's applicable access management and
parking standards.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to NC may increase the load on public services, but
the impact is not expected to be detrimental. The size of the property and
access to existing water and sewer infrastructure means future development
will likely avoid the need for costly extensions to services. Fayetteville Public
Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0004 to City
Council with a recommendation of approval.
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCR(IW 243 of 321
Paqe 5 of 20
PLANNING COMMISSION ACTION: Required YES
Date: February 27, 2023 O Tabled O Forwarded O Denied
Forwarded with a recommendation of approval
Motion: Brink Seven (7) Public comment in person, Six (6) Digital comments
Second: McGetrick
jVOte: 5-2-1 (Garlock & Madden voted No, Holcomb Recused)
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.03 District R-A, Residential Agricultural
o §161.07 District RSF-4, Residential Single -Family, Four Units per Acre
o §161.29 District NC, Neighborhood Conservation
• Applicant Request Letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN S69W 244 of 321
Page 6 of 20
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an
orderly transition to urban development has been accomplished; prevent wasteful scattering of
development in rural areas; obtain economy of public funds in the providing of public improvements
and services of orderly growth; conserve the tax base; provide opportunity for affordable housing,
increase scenic attractiveness; and conserve open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre I One-half '/2
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front
Side
Rear
35 feet
20 feet
35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided,
however, if a building exceeds the height of one (1) story, the portion of the building over one (1)
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN S69W 245 of 321
Page 7 of 20
story shall have an additional setback from any boundary line of an adjacent residential district. The
amount of additional setback for the portion of the building over one (1) story shall be equal to the
difference between the total height of that portion of the building and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A),
6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-
08; Ord. No. 5238, 5-5-09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh.
A), 11-21-17; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-2 1)
Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code
sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated,
and become void twenty (20) months after the passage and approval of this ordinance, unless prior
to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination
section."
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of
low -density detached dwellings in suitable environments, as well as to protect existing development
of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit
12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
dwellings
Two (2) family
dwellings
Lot minimum width
70 feet
80 feet
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN S69W 246 of 321
Page 8 of 20
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
81000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front
Side
Rear
15 feet
5 feet
15 feet
(F) Building Height Regulations.
Building Height Maximum 13 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of
such lot. Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-
06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord.
No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A),
11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-21)
Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code
sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated,
and become void twenty (20) months after the passage and approval of this ordinance, unless prior
to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination
section."
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the
other zones. Although Neighborhood Conservation is the most purely residential zone, it can have
some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and
protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood
Conservation district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN S69W 247 of 321
Page 9 of 20
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit
12a
Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 140 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front
A build -to zone that is
located between the front
property line and a line 25
feet from the front property
line.
Side
5 feet
Rear
5 feet
Rear, from center line of
12 feet
an alley
(F) Building Height Regulations.
Building Height Maximum 13 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord.
No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945,
§§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427,
§§1(Exh. C), 2, 4-20-21)
Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code
sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated,
and become void twenty (20) months after the passage and approval of this ordinance, unless prior
to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination
section."
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN S69W 248 of 321
Page 10 of 20
$4
JORGENSEN
+ASSOCIATES
vCivil Engineering Surveying
February 3, 2023
City of Fayetteville
Development Services
113 West Mountain Street
Fayetteville, AR 72701
Re: Rezoning at 2910 N Old Wire Road
Dear City Staff;
124 W Sunbridge Drive, Suite 5
Fayetteville, AR 72703
Office: 479.442.9127
www orgerserassoc con,
Established 1985
On Behalf of the Owner and their representatives, we are submitting a rezoning request for property located along
2910 N Old Wire, Fayetteville, AR 72703.
A. The current owner of this site is as follows: Nola VanScyoc Revocable Trust (Parcel Numbers 765-
16047-000, 765-13287-000. 765-16043-000.
B. Currently this property is zoned RSF-4 and R-A.
C. This property is surrounded by RSF-4 on the north and west, a portion of P-1 to the south and north,
and section of R-O to the east.
D. Existing adequate water and sewer are already at this site.
E. We feel the requested rezoning is in line with the goals of the City Plan 2040 where the future land
use calls for a portion of Residential Neighborhood and Natural.
Statement of Compatibility:
This request to rezone a portion of the RSF-4 to Neighborhood Conservation and adjust the R-A
zoning line to match the 100-year floodplain is compatible with neighboring property and will not
unreasonably adversely affect or conflict with surrounding land uses. Within reasonable proximity,
rezoning of the property south of Butterfield Elementary to NC, sets a precedence for similar
development patterns that serve to promote and protect neighborhood character. The zoning line
has been adjusted to follow the 100-year flood plain and this zoning line makes more sense than the
current zoning line and will ensure that the floodplain would be of minimal impact. Given the
proximity to the Fire Station, Crossover (Regional Link), and the Niokaska Trail, we feel that this
rezoning is supported in a multitude of ways and will not adversely impact vehicular patterns.
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN S69W 249 of 321
Page 16 of 20
PUBLIC COMMENT: JULIE C KEYS
Wonsower, Donna
From: Julie C Keys <jckeys611 @gmail.com>
Sent: Saturday, February 25, 2023 9:39 PM
To: Wonsower, Donna
Subject: Old Wire Rezoning
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Dear City Planner Wonsower:
This concern addresses the rezoning of 2910 North Old Wire Road. I firmly believe that it is not in the
best interest of its neighbors, commuters, or city of Fayetteville.
First, I wish to address this issue on a personal note. In 2006, my husband and I began our search for
a home in Fayetteville to raise our one year old and immediately fell in love with the property on
Raintree Drive in the Boxwood subdivision. At the time, I worried that our proximity to the fire station
was too close, potentially a noise nuisance, but I talked myself into that being a plus to the property. It
was the green space behind our house that sold us! For the last 17 years, listening to the sounds and
enjoying the sights of the wooded area have brought such peace.
I also want to address this issue as a citizen of Fayetteville. The projected area on Old Wire Road
currently has only two lanes, leading to numerous neighborhoods and to commercial areas. There is
no sidewalk, and traffic is often backed up at the intersection of Old Wire Road and Crossover Road.
Additional dwellings will impact an already congested area of town. Many times when I try to leave my
street, I face lines of traffic or speeding cars. From a traffic perspective, adding more dwellings to the
area will negatively impact the area.
Most importantly though, I want to address the potential environmental concerns. One of the reasons
I chose this area was the city's commitment to conserve green space and protect its natural beauty.
Just four houses down from my house, homeowners are required to have flood insurance.
Considering the city's recent restoration to Niokaska Creek, an area of the Illinois River Watershed, I
worry about upsetting the landscape further. I am not a landscape engineer, but I do know that
destroying the current tree canopy can lead to erosion. In addition, urban development influences
drainage and contaminates water. These concerns do not seem to be in line with the City of
Fayetteville's vision.
Thank you for your service to our fine city, and I ask that additional consideration be given to the
proposed area. Below you will find images of the proposed rezoning from my home, as well as data
from the Fayetteville City Plan 2040.
In appreciation,
Julie Keys
2792 North Raintree Drive
ickevs611 ra-)amail.com
479-957-1780
Page 250 of 321
0
0
0
8.3 Tree Canopy
A healthy urban tree canopy can address the three major weather events that are anticipated to affect Northwest Arkansas: unpredictable but more impactful rain
events, drought, and heat waves. Even before broad acknowledgement of climate change, Fayetteville and its residents placed a high value on the City's tree
canopy, particularly with the formation of the Tree and Landscape Advisory Committee in 1993 and the subsequent adoption of a Tree Preservation ordinance
regulating tree removal associated with development.
8.4 Slopes and Hillsides
Slope is a critical factor in determining a soil's suitability for supporting development. The development of severe slopes involving soils not capable of provided
sufficient foundational support may result in extensive cutting and filling to stabilize them. When compounded by the removal of existing vegetation, the excavation
and fill of soil can result in severe erosion, slumping and shearing. In Fayetteville, areas of severe slope are characterized by soils less suitable for development.
Shallow depth to bedrock conditions are compound problems in these areas. There are several identified beds of cherty limestone, acid sandstone, siltstone and
shale that have shown faulting and folding at steeper locations.
Of the 58,037 acres of land within the City and its Planning Area, approximately 16%, or 8,900 acres have slopes of 15 percent or greater. With some notable
exceptions such as Mount Sequoyah, these slopes have previously remained largely undeveloped. More recent trends indicate that development on hillsides and
hilltops is increasing. The passage of the Hillside/Hilltop Development Overlay District in 2006 provided additional development protections on slopes that are 15
percent and greater and the flatter, bench -like hilltops.
8.5 Watershed System
However, urban development can, and has, altered many of these natural drainage systems which can create drainage, storage and flooding hazards during
heavy or extended duration storm events.
8.6 Flooding
In general Chapter 168, flood damage prevention, of the Unified Development Code (UDC) and 44 Code of Federal Regulations (44CFR) are utilized in
conjunction with the latest Flood Insurance Rate Maps (FIRM) to determine which properties may be at risk and in need of additional regulation to limit flood
losses. These regulations extend to the area defined as "Special Flood Hazard Areas" located on the Flood Insurance Rate Maps.
Flooding also brings challenges associated with water quality. Rising flood waters can be contaminated by, among other things, oil and grease, household
chemicals, fuels, sanitary sewer overflows, and soils/ sediment. One major contributor of soil/ sediment and the associated nutrients such as phosphorus is stream
bank erosion. As flood waters rise, the velocity of the water increases and can damage stream banks causing both pollution issues and property loss. All of these
items can damage the natural ecosystem and potentially harm drinking water sources. Beaver Lake is the drinking water source for all of Northwest Arkansas and
approximately 40% of Fayetteville currently drains into this watershed. The remainder drains into the Illinois River Watershed which also has its challenges with
regard to pollutants.
Page 251 of 321
PUBLIC COMMENT: ROB KEYS
Wonsower, Donna
From: Rob Keys <2123keys@gmail.com>
Sent: Sunday, February 26, 2023 6:22 PM
To: Umberger, Ryan; Wonsower, Donna; Hopkins, Mirinda; Planning Shared
Subject: development off Old Wire Road
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.
Ryan/Donna/Miranda/others- Thank you, first of all, for serving Fayetteville. Being an official in the public eye is not easy
these days and I appreciate your willingness to do so.
I'm contacting you re: Mitch Weigel's proposal to develop land between the Boxwood subdivision and the fire station at
Old Wire/265. I'm sure you've heard from some of my Boxwood neighbors, as this is an emotional issue for some, if not
many.
Having lived directly adjacent to the property being considered for more than 16 years, however, I have long expected
development behind my home. I understand the need for residential infill in Fayetteville. That doesn't mean I like it, but
I understand.
What I'm asking is for extremely careful consideration of this proposal. Rezoning that allows 10 units per acre - or
anything close to that - is simply irresponsible. I don't believe that aligns w Fayetteville's 'Vision 2050' and I think there
are other legitimate concerns, including drainage, loss of trees/green space/natural habitat and traffic. Traffic is already
an issue in this area - a major issue for those of us who live here.
Additionally, the sheer density of 10 units per acre - or anything close to that - is a drastic deviation from what currently
exists in our neighborhood. It's simply not right and I am 100-percent convinced that if you or Mitch Weigel or any
reasonable person lived where my family lives, you would feel the same way.
Thank you for your time and service. Please do what is right.
Rob Keys
2792 N. Raintree Drive
(479) 957-4635
Page 252 of 321
PUBLIC COMMENT: TIFFANY MEEKS
From:
To:
CityClerk
Planning Shared; Sparkman, Sarah; Johnson. Matthew; Canada. Ouintin; Brink. Andrew; Garlock. Jimm;
Holcomb, Joseph; Madden, Marv; McGetrick, Marv; Winston, Porter; Berna, Scott; Bolinger, Bonnie; Pennington,
Blake; Brown, Chris; Bunch, Sarah; CityClerk; Curth, Jonathan; Harvey, Sonia; Hertzberg. Holly; Batker, Jodi;
Jones, D"Andre; Rogers, Kristin; Williams, Kit; Jordan, Lioneld; Mathis, Jeana; Moore, Sarah; Paxton, Kara;
Mulford, Patti; Ramirez. Jonathan; Rea. Christine; Norton, Susan; Spohn. Courtney; Thurber, Lisa; Turk, Teresa;
Wiederkehr, Mike
Cc:
tiftim gmail.com; CityClerk
Subject:
FW: Old wire/boxwood project
Date:
Wednesday, February 22, 2023 8:36:08 AM
Attachments: image001.pnng
Good morning everyone,
Please see the e-mail below from Ms. Tiffany Meeks as a follow up to the previously shared
message.
Thank you and have a nice day,
Jonathan
Office of the City Clerk Treasurer
City of Fayetteville, Arkansas
113 West Mountain St, Suite 308
Fayetteville, AR 72701
T 479.575.8323
cityclerk&fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
City of Fayetteville Logo-01
u
From: Tiffany Timmons <tiftim@gmail.com>
Sent: Wednesday, February 22, 2023 6:14 AM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Re: Old wire/boxwood project
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.
Hi Sarah,
Thank you for your response. It does seem very counterproductive that the city council and the
school board don't have more of a connection. I am very frustrated with the school district, my 3
children will all attend McNair which is over crowded and building more homes in an already full
district without any plans to build a new school seems ridiculous. I attended FPS and had a lovely
experience. I'm not sure my kids will enjoy the same if they are forced to attend schools out of their
district due to over crowding. Does the city have any input on schools or district lines? If not I think
that should be looked at more closely. How can a city function properly without enough schools to
support its growing population?
Im not a city planner or school district expert but I would think both need to be on the same page as
our city moves forward, knowing there will only be more growth and more children that need to
Page 253 of 321
attend schools. I would never be able to get to work on time if my kids were redistributed to a school
on the west side. The school bus commissioner has said there's no possible way for them to bus kids
from the east side to the west side with the shortage of drivers and the amount of kids needing bus
services. This is a big concern for my family. When I see more houses going up it just makes me a bit
angry knowing it's my kids education that's going to suffer not the city.
Thank you!
Tiffany (Timmons) Meeks
Sent from my iPhone
On Feb 21, 2023, at 8:24 AM, CityClerk<cityclerk(@fa)letteville-ar.gov> wrote:
Good morning everyone,
Please see the e-mail below from Ms. Tiffany Meeks.
Thank you and have a nice day,
Jonathan
Office of the City Clerk Treasurer
City of Fayetteville, Arkansas
113 West Mountain St, Suite 308
Fayetteville, AR 72701
T 479.575.8323
cityclerk(aMayettevi I le-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
®❑
From: Bunch, Sarah<Sarah.bunch Wayetteville-ar.gov>
Sent: Monday, February 20, 2023 11:19 AM
To: CityClerk<cityclerkl@fayetteville-ar.gov>
Cc: Tiffany Timmons <tiftim(@gmail.com>
Subject: Fwd: Old wire/boxwood project
Can the Clerk's office please share this email with planning staff, the members of the
planning commission, and the city council? Thank you very much.
Sarah
Sent from my iPad
Begin forwarded message:
Page 254 of 321
From: Tiffany Timmons <tiftim(@gmail.com>
Date: February 13, 2023 at 2:09:07 PM CST
To: "Bunch, Sarah" <sarah.bunch(@fayetteville-ar.gov>
Subject: Old wire/boxwood project
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.
Hi!
I am sending you this email to speak out in opposition to the proposed
development near old wire and boxwood. I live off old wire and my kids
attend FPS. We need more roads and schools in this area before any more
residence come into the mix. We desperately need another middle school
on the east side, as well as more side walks and a wider old wire to
accommodate traffic.
The traffic in this area during commute times is too busy for more
dwellings.
More schools and roads please, not more houses and people. Thank you.
Tiffany Meeks
479-530-1428
Page 255 of 321
PUBLIC COMMENT: ROB QUALLS
City of Fayetteville, Arkansas
113 West Mountain St, Suite 308
Fayetteville, AR 72701
T 479.575.8323
cityclerk(abfayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
GMT or
PAT■TT■VILLE
ARKANSAN
From: Rob Qualls <robbieq@gmail.com>
Sent: Monday, February 27, 2023 12:53 PM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: RZN-2023-0004 Support
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Please forward to the Planning Commissioners, Ward 3 Councilmembers, and any planning staff that should get it.
Good Afternoon,
I am writing in support of RZN-2023-0004. Some of those opposed to this development are citing morning traffic on Old
wire road as a reason to deny this request. I also live in the area and have had to wait a minute or two to turn left. In my
opinion, most of that traffic is coming from outside of, or at the very edge of Fayetteville. Restricting housing IN
Fayetteville, is not going to help that issue. The best thing we can do for traffic is to build more housing, closer to
schools, businesses, or amenities. Please approve this rezone, so we can take some pressure off of the housing market,
and perhaps keep more people from driving in from Goshen and Elkins because Fayetteville's housing inventory is low.
Thanks,.
Rob Qualls
2140 E Jonquil Rd, Fayetteville, AR 72703
Page 256 of 321
PUBLIC COMMENT: ALEXIS
STEVENS & NICK MOTE
Wonsower, Donna
From: Alexis Stevens <aestevens3@yahoo.com>
Sent: Monday, February 27, 2023 7:12 PM
To: Planning Shared; Hopkins, Mirinda; Wonsower, Donna; Umberger, Ryan; Bunch, Sarah; Berna, Scott
Cc: Nick Mote
Subject: Re: Rezoning of 2910 N Old Wire Road, Fayetteville, AR - Nick Mote and Alexis Stevens Statement in
Opposition
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good evening —as a follow up to my below email and supplement to the attached Statement in Opposition, attached
please find traffic data from the Arkansas Department of Transportation for N Old Wire Road which includes an average
daily traffic estimate of 8,300 vehicles for the most recent year studied, 2021. Please note that many of the intersecting
streets on the segment of N Old Wire Road between the Old Missouri Road and Crossover intersections adjoin N Old
Wire Road at steep inclines and with numerous blind spots. This portion of N Old Wire Road additionally includes
several curves further decreasing visibility.
Thank you,
Alexis Stevens and Nick Mote
Page 257 of 321
6:59
PEPARTMENT
RTATION
ir I Traffic Station
2
loar'l
Page 258 of 321
6:59
Volume Count
8300
Station ID:
Station:
Count Type:
Count Category:
Most Recent ADT:
Most Recent A DT Year:
ARDOT District:
County:
Page 259 of 321
Sent from my iPhone
> On Feb 27, 2023, at 6:28 PM, Alexis Stevens <aestevens3@yahoo.com> wrote:
> Good evening —attached pleased find a Statement in Opposition of the proposed rezoning of the property located at
2910 N Old Wire Rd, Fayetteville, AR 72703, submitted on behalf of Nick Mote and Alexis Stevens, to be presented to
the City Planning Commission during its February 27, 2023, meeting related to the same.
> Please let me know if you have any questions or require further information.
> Thank you,
> Alexis Stevens
> <In re Rezoning of the Property Located at 2910 N Old Wire Road, Fayetteville, AR - Written Statement in Opposition
Submitted by Nick Mote and Alexis Stevens.pdf>
> Sent from my iPhone
Page 260 of 321
PUBLIC COMMENT: MARY ANNE
KNULL
From:
Mary Anne Kull
To:
Wonsower. Donna
Cc:
Umberger, Ryan; Hopkins, Mirinda
Subject:
Re: Project Information (RZN-2023-0004)
Date:
Sunday, February 26, 2023 2:09:25 PM
Attachments:
imaae002.Dna
image001.jpo
Concerns for RZN-2023-0004.Ddf
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.
To Whom it May Concern,
I am attaching a letter about my concerns for the rezoning of 2910 N Old Wire Rd: R7-N-
2023-0004
Thank you so much for your consideration,
Mary Anne Kull
On Wed, Feb 8, 2023 at 11:00 AM Wonsower, Donna <dwonsowernfayetteville-ar.gov>
wrote:
Mary,
This project is scheduled for the February 27 Planning Commission meeting. The packets
being posted on the website tomorrow are for the meeting held on February 13, and the
packets for the February 27 meeting will be posted in a few weeks. Our apologies for any
confusion. Regarding the required mailing, we received a certificate stating that the letters
were sent out yesterday (2/7) in advance of the fifteen day requirement so keep an eye on
your mailbox.
Short of hiring a traffic engineer, factually showing how any development will affect future
traffic is difficult; however there are multiple online resources that you could utilize to
present facts regarding the current traffic around your neighborhood such as traffic counts
from ARDoT, records of vehicle crashes and their severity from the police, any news
articles that discuss significant delays specific to your neighborhood and its immediate
surroundings, or primary sources like this. My recommendation would be to stay away from
opinions like "traffic is terrible here," and instead make statements such as "In the past three
weeks, it has taken me an average of twenty minutes to leave my neighborhood every
morning because of the amount of traffic on N Old Wire Rd," and to bring data to back up
any sources you cite in your research. You are also welcome to email staff with any
documents ahead of the meeting and to call with questions.
Page 261 of 321
Best Regards,
Donna Wonsower
Planner, Development Services
City of Fayetteville, Arkansas
Office: 479.575.8358
ebsite I Facebook I Twitter I Instagram I YouTube
0
From: Mary Anne Kull [m it • ]
Sent: Wednesday, February 08, 2023 8:48 AM
To: Hopkins, Mirinda <mhopkins o.fayetteville-ar.gov>
Subject: Project Information
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.
Good morning!
Thank you so much for providing this information. What do I need to do to prove that this
change will factually affect vehicular patterns adversely for patrons of my neighborhood?
I am so thankful for this information. We have not received the required mailing for this
zoning request. Do you know if it has been sent out as the application requires?
Thank you!
Page 262 of 321
Mary Anne
On Wednesday, February 8, 2023, Hopkins, Mirinda <mhopkins&fayetteville-ar.gov>
wrote:
Mary Anne,
I have attached the submitted request letter. Planning reports will be posted to our
website tomorrow afternoon. Let me know is you need anything else.
htips://fayettevillear.portal.civicclerk.com/
Thank you
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
Website I Facebook I Twitter I Instagram I YouTube
®❑
From: Mary Anne Kull [mailto:makull1017( gm� ail.com]
Sent: Tuesday, February 07, 2023 11:01 PM
To: Planning Shared <planninggfayetteville-ar.gov>; Hopkins, Mirinda
<mhopkins &fayetteville-ar. gov>
Subject: Project Information
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.
Good Day,
Page 263 of 321
I am inquiring about the project information for Plan Number: RZN-2023-0004
The posted written notification form indicates that project information is available for
public view from the City of Fayetteville Planning Division, but I have not been able to
locate it on the submitted application or the planning divisions portion of the website. I
would appreciate your help with this information.
I am highly concerned about this area being rezoned as NC NEIGHBORHOOD
CONSERVATION. Traffic on Old Wire is already highly congested. I am hardly able to
make a left hand turn in the mornings to take my children to Butterfield
Elementary School. I cannot imagine how that will be amplified with the potential of 10
residential units per acre being permitted in this area. The vocabulary "neighborhood
conservation" is very misleading in this instance as currently this area is completely
wooded. I am concerned that there is a deliberate deception by choosing this as the zoning
to prevent neighbors from being concerned. This will allow signification change to my
current neighborhood and will negatively affect the character and home values in the
immediate area.
I believe that the current zoning of RSF-4 is appropriate to maintain true neighborhood
conservation for this area.
I look forward to seeing more detailed plans.
Sincerely,
Mary Anne Kull
Page 264 of 321
2840 N Raintree Drive
Fayetteville, AR 72703
February 26, 2023
To Whom It May Concern:
I am writing to express my deep concern about the proposed rezoning of 2910 N Old Wire Rd from RSF-4 to
NC. As a resident of this area, I believe that this rezoning will have a significant negative impact on our
community and our environment.
One of my main concerns is the increase in traffic that this development will bring to our area. The roads
around 2910 N Old Wire Rd are narrow and already congested. Adding more cars to this area will only
exacerbate the problem. This will make it more difficult and dangerous for residents to travel to and from their
homes, and could even lead to accidents and other safety concerns. I took the below picture from my street
corner of Raintree Dr. and N Old Wire Rd. at 4:28PM Tuesday, February 21. Notice that cars are backed up all
the way from Crossover to Raintree. What will the addition of more dense housing and businesses (as allowed
under the NC zoning), with potentially hundreds of cars added do to the traffic? What about the Fire Station?
With the addition of traffic in this area does it cause concern for life saving minutes being lost as the fire truck
and emergency responders will be required to navigate through the additional commuters?
Page 265 of 321
2910 N Old Wire contains hydric soil and due to the slope of the land, anything that is developed at this
property will have runoff into the hydric soil areas pictured below. What will happen to the ecosystem
surrounding the Niokaska Trail with the addition of hazardous runoff from the proposed significantly denser
development?
Natural Features
Habira_of interest
J
St —bank Erosion Rlsk
Extreme
Hlgh
Moderate
� Low
Minor
Unrenkea
H,—, P--
I believe that this rezoning does not align with the City of Fayetteville's "Vision 2050" plan. This plan
emphasizes sustainable development and responsible use of natural resources, and I believe that this
development will only contribute to the environmental degradation of our area.
As a mom of 3 children, our oldest child attends Fayetteville public schools with our middle child to join her
next year in kindergarten. I am currently following Fayetteville's dilemma with having enough room in McNair
Middle school for the children in our neighborhood. Currently, the board does not have a solution. The proposal
to bring in the addition of potentially many families and many more children is simply not supported by the
current school zone structure.
Furthermore, I have some serious questions about the statement of compatibility submitted by Jorgensen &
Associates. The statement of compatibility states, "This request to rezone a portion of the RSF-4 to
Neighborhood Conservation and adjust the R-A zoning line to match the 100-year floodplain is compatible with
neighboring property and will not unreasonably adversely affect or conflict with surrounding land uses." Has
Jorgensen and Associates provided a study by a professional to support this claim? What will they do and be
liable for in the instance that it does in fact "unreasonably adversely affect or conflict" with the surrounding land
uses?
The statement of compatibility continues to state, "Within reasonable proximity, rezoning of the property south
of Butterfield Elementary to NC, sets a precedence for similar development patterns that serve to promote and
protect neighborhood character." This is untrue. The area next to Butterfield Elementary was just recently
rezoned as NC. Outside of that one area, this entire area is zoned as RSF-4. This rezoning will drastically
change the feel of driving up Old Wire from Crossover. Currently, it is a wooded residential area. The zoning of
RSF-4 is what "sets a precedence for similar development patterns that serve to promote and protect
neighborhood character." Please see this image to show the zoning for the surrounding areas as evidence:
Page 266 of 321
e Fintl atltlress or PlacE snare Q : r.,,
Zoning
FO / Zoning
E conlane st RESIDENTIAL SINGLE-FAMILY
O RA
RSF�.S
n RSF 1
P I
RSF 2
NC Io RSF4
RSF 1
RSFB
c." RSF-18
a oakcliR st RPZD RESIDENTIAL MULTI -FAMILY
NS-G
RSF-4 RI-12
- Rattmont St RW
y RMF-6
or Or s 9a' r
_ ryrY D 1M112
y - `RM118
C y RMF-24
RI-12 RMF-Oo
c A v
pP1' a INDUSTRIAL
— a a.' EM,Ileale fir' ^ /r Ril 1 cttv..Irr nn
6t10N _ a-2
The compatibility statement continues to state, "The zoning line has been adjusted to follow the 100-year flood
plain and this zoning line makes more sense than the current zoning line and will ensure that the floodplain
would be of minimal impact." Where is the study that has been conducted by a professional to attest that this
statement is true? After multiple conversations with environmentalists, I have been advised that due to the
increase in impervious surfaces in a wooded area with soil that it will absolutely have a major impact on
flooding in an area near already established flood zone hazards.
The compatibility statement also says, "Given the proximity to the Fire Station, Crossover (Regional Link), and
the Niokaska Trail, we feel that this rezoning is supported in a multitude of ways and will not adversely impact
vehicular patterns." Has Jorgensen and Associates contracted a traffic engineer to verify that this statement is
true? Based on my personal experience living next to the property in question, there is already substantial
traffic during commuter times on Old Wire.
In conclusion, I urge you to reconsider the proposed rezoning of 2910 N Old Wire Rd from RSF-4 to NC. I
believe that this development will create additional traffic strain on the area, negatively impact the environment,
does not align with the City of Fayetteville's "Vision 2050", and the area simply does not have the infrastructure
established to support such a drastic change. Thank you for your time and consideration.
Sincerely,
Mary Anne Kull
2840 N Raintree Dr
makuII1017&gmail.com
501-773-1278
Page 267 of 321
RZN-2023-0004
One Mile View
NC
I, -
2910 N OLD WIRE RD
0 0.13 0.25 0.5 Miles
>
�O
l U)
co
10
1 X
�U
1
r1I'
IQ
1
Subject Property �>
} �K� RD�a��
01 I
1J '
R-O
ORTH
R-A I
1
1
1
1
1
1
1
1
1
1
1
1
7L SKI\LERN RD
` —
I
--
NS-L
I
I
I
I
I
I
I
I
I
Ding
I-2 Ga,reral Intl Is
Regional Link
— — —
RESIDENTIAL SINGLE-FAMILY
EXTRACTION
NS-G
11
Neighborhood Link
_ _ _ _ _� - - - - - -
RI-u
COMMERCIAL
RI-12
Resltlen,iaFOfice
— Unclassified
DNS-L
G1
— Residential Link
_
,
�ResltleMlal-�rialW21
RSF-.s
��-2
Ica
RSF-1
FORM BASED DISTRICTS
■ 1 Planned Neighborhood Link
-
RSF-2
RSF4
Gewn—ncnra
MU—T—g—
Planned Residential Link
RSF-]
RSF-8
Mein s,rea, caviar
■ Osxn,own General
— — Shared -Use Paved Trail
'
RESIDENTIAL MULTI -FAMILY
�Commanlry Services
� NeigbborM1ooa services
— — Trail (Proposed)
Q
,
RMF-8
�RMF-12
NeigM1borM1ootl Con oe on
1 Fayetteville City Limits
i —
; Planning Area — _
RMF-2a
PLANNED ZONING DISTRICTS
Intluslnal, Resltlentlal
INSTITUTIONAL
1 Planning Area
Fayetteville City Limits - - --
RMFI
INDUSTRIAL
Raa Comme alantlL;gMlntlaa,nai
P
annlnq Uommission
RZN-2023-0004 (VAN S69(IW 268 of 321
Page 17 of 20
RZN-2023-0004 2910 N OLD WIRE RD
Close Up View
"Olp R�
00)
—STRAWBE
' Greek -
ya eGtia< � . -
�m
j NORTH
Zone Current Proposed
Regional Link
Neighborhood Link
NC 0.0 9.5
P-1 0.0 0.0
Residential Link
R-A 6.8 5.7
Feet
RSF-4 7.5 0.0
Trail (Proposed)
r ' Planning Area
0 75 150 300 450 600
Fayetteville City Limits
1 :2,400
Total 15.2 ac
February 27, 2023
RZN-2023-0004 (VAN S69W 269 of 321
Page 18 of 20
February 27, 2023
RZN-2023-0004 (VAN S69NW 270 of 321
Page 19 of 20
RZN-2023-0004
Future Land Use
2910 N OLD WIRE RD
0
tA� Q
WARWICK-DR—,�2
i
v 02
Residential I
Neighborhood - r ■ ■
SVRAWBERRY-DR
Ile"9
F�
�2
- Regional Link
Subject Property
K- DR
Natural
�-
'0
°off ��5 �•
gyp' 00 ;
O '
• Q
� PEE
��RGVSpN
•
Neighborhood Link
Residential Link
Planned Neighborhood Link
r _ _i Planning Area
_I Fayetteville City Limits
- - - Trail (Proposed)
Feet
0 145 290 580 870
1:4,800
•
I
•
•
OLD WIRE
I
r
IL
I'
I
I
I
I
I
I
H
I
I
I
I
I
I
I
I
I
I
I
I
CD II
I
V
I
�
2Q.
Q
I
p
I
a
a
I
n PICASSO PL—
P
v�
I � Oo
I `O
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
1,160 Residential Neighborhood
Rural Residential
Urban Center
February 27, 2023
RZN-2023-0004 (VAN S69NW 271 of 321
Paoe 20 of 20
CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
TO: Mayor Jordan and City Council
CITY COUNCIL MEMO
2023-606
THRU: Susan Norton, Chief of Staff
FROM: Yolanda Fields, Comm. Resources Dir./Equity Off.
DATE: March 21, 2023
SUBJECT: Mayor's signature on a letter of participation to accept a HUD HOME grant in the
amount of $512,642 and approval of a Budget Adjustment
RECOMMENDATION:
Staff recommends approval to accept a grant in the amount of $512,642.00 from the US Department of
Housing and Urban Development (HUD) for the HOME Investment Partnerships Program, approval of a City
match in the amount of $237,358.00 (for a total of $750,000.00), approval for the Mayor to sign a letter of
participation, and approval of a budget adjustment.
BACKGROUND:
The HOME Investment Partnerships Program is a federal block grant program that provides funding to states
and localities to be used exclusively for affordable housing activities to benefit low-income households. Funds
for HOME are appropriated annually to the Department of Housing and Urban Development (HUD), which in
turn distributes funding to states and certain localities by formula. States and localities that receive HOME
funds are known as participating jurisdictions. HUD requires a participation threshold for first time participating
jurisdictions of $750,000. City of Fayetteville's 2023 HUD/HOME allocation amount is $512,642.00, therefore
the required first year participation amount is $237,358.00.
DISCUSSION:
HUD has determined, based on the HOME formula allocation process, that the city qualifies as a participating
jurisdiction for the HOME program for the first time. Because the allocation does not meet the $750,000
participation threshold for first-time participating jurisdictions, approval for the program participation amount of
$237,258.00 must be submitted. This will enable the city as a participation jurisdiction to receive the HOME
funding annually moving forward.
BUDGET/STAFF IMPACT:
This BA will recognize the HOME funding revenue amount of $512,642 and move $237,358 into the
Community Development Fund from the General Fund for the City match.
ATTACHMENTS: 2023-606 SRF HUD HOME Grant, 2023-606 BA HUD HOME Grant, 2023-606 Letter of
Participation, 2023-606 FY23 CPD Formula Letter
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 272 of 321
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-606
Mayor's signature on a letter of participation to accept a HUD HOME grant in the amount of
$512,642 and approval of a Budget Adjustment
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A GRANT FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE AMOUNT OF $512,642.00
FOR THE HOME INVESTMENT PARTNERSHIPS PROGRAM, TO APPROVE A CITY MATCH
IN THE AMOUNT OF $237,358.00, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to accept a grant from the U.S. Department of Housing and Urban Development in the amount of
$512,642.00 for the HOME Investment Partnerships Program, and further authorizes the Mayor to sign a
letter of participation and any other documents necessary to accept the grant and receive the grant funds.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the use of City
matching funds in the amount of $237,358.00.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
Page 273 of 321
Yolanda Fields
Submitted By
City of Fayetteville Staff Review Form
2023-606
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/21/2023 COMMUNITY RESOURCES (642)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval to accept a grant in the amount of $512,642.00 from the US Department of Housing
and Urban Development (HUD) for the HOME Investment Partnerships Program, approval of a City match in the
amount of $237,358.00 (for a total of $750,000.00), approval for the Mayor to sign a letter of participation, and
approval of a budget adjustment.
2180.642.4920-4340.00
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? Yes
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Community Development
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
$ 237,358.00
$ 987,358.00
750,000.00
Previous Ordinance or Resolution #
Approval Date:
V20221130
Page 274 of 321
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
COMMUNITY RESOURCES (642)
/Org2
2023
Requestor: Yolanda Fields
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff recommends approval to accept a grant in the amount of $512,642.00 from the US Department of Housing and Urban
Development (HUD) for the HOME Investment Partnerships Program, approval of a City match in the amount of $237,358.00
(for a total of $750,000.00) and approval of a budget adjustment.
COUNCIL DATE:
3/21/2023
ITEM ID#:
2023-606
Noll y Black
312012023
3: q2 Pln
Budget Division Date
TYPE:
D - (City Council)
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE
CHKD/POSTED:
TOTAL
987,358
987,358
v.2023223
increase/ (Decrease)
Project.Sub#
Account Number
Expense
Revenue
Project Sub.Detl AT
Account Name
2180.642.4920-4340.00
-
512,642
RE
HUD HOME Investment Partnership Grant
2180.642.4920-5315.00
512,642
-
EX
Contract Services
2180.642.4920-6602.01
-
237,358
RE
Transfer from Fund - General
2180.642.4920-5315.00
237,358
-
EX
Contract Services
1010.090.6600-7602.18
237,358
-
57039 2301 EX
Transfers To Funds - Community Developm
1010.001.0001-4999.99
-
237,358
RE
Use Fund Balance - Current
1 of 1
Page 275 of 321
Mr. David Blick
U.S. Dept. of Housing & Urban Development
Little Rock Field Office
425 W Capitol, Suite 1000
Little Rock, AR 72201
Dear Mr. Blick:
Please consider this correspondence as our notification that we will be able to administer HOME
funding as a participating jurisdiction. Asa first year participating jurisdiction, the resolution
approving the funding required to meet the participation threshold for FY 2023 HOME funds in
the amount of $237,358.00 is enclosed. We would also like to take the opportunity to let you
know that we appreciate our current funding partnership on the HUD CDBG and CoC SNAPS
programs. These programs provide needed assistance to our community members experiencing
challenges.
Sincerely,
Lioneld Jordan
Mayor
Page 276 of 321
�SYE4t�
* * Y U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASE1 NGTON, DC 20410-7000
PRDiCiPAL DEPUTY ASSISTANT SECRETARY
FOR COMhiUNiTY PLANNING AND DEVELOPMENT
March 9, 2023
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Dear Mayor Jordan:
Congratulations! I am pleased to inform you of your jurisdiction's Fiscal Year (FY) 2023
allocations for the Office of Community Planning and Development's (CPD) formula programs.
Your jurisdiction's FY 2023 available amounts are as follows:
CPD Programs: Amount
Community Development Block Grant (CDBG) $764,542
Emergency Solutions Grant (ESG) $0
HOME Investment Partnerships (HOME) $512,642
Housing Opportunities for Persons With AIDS (HOPWA) $0
CDBG Recovery Housing Program (RHP) $0
These grant funds provide the financial tools to support individuals, families, and
communities to address homelessness, affordable housing challenges, aging infrastructure, and
economic hardships. CPD is committed to being your partner throughout the process of using
these funds. Our local office will assist in finalizing grant agreements, offer technical assistance
and training when needed, and monitor and implement grant funds for eligible projects in a
timely manner. We will work with you to ensure proper reporting in the Integrated Disbursement
and Information System (IDIS) so we can together improve performance data on how these
programs are benefitting and touching people's lives, build trust with stakeholder groups and
Congress, and amplify the success stories that you and your jurisdiction are able to accomplish
with these vital resources.
Based on your jurisdiction's CDBG allocation for this year and outstanding Section 108
balances as of February 27, 2023, you also have $3,822,710 in available Section 108 borrowing
authority. Since Section 108 loans are federally guaranteed, this program can leverage your
jurisdiction's existing CDBG funding to access low -interest, long-term financing to invest in
your jurisdiction.
www.hud.gov espanol.hud.gov
Page 277 of 321
2
Your HOME formula allocation amount indicates that you may qualify as a participating
jurisdiction for the HOME Program for the first time. In order to begin the qualification process,
you must notify your local HUD Field Office in writing of your intention to become a
participating jurisdiction not later than 30 days after receiving this letter. Because your
allocation does not meet the $750,000 participation threshold for first time participating
jurisdictions, your notice of intent must include information about how you will meet the
participation threshold for FY 2023 HOME funds. This must include either authorization from
the State to transfer a portion of its HOME allocation to your jurisdiction to meet the
participation threshold; a letter from the governor or designee indicating that the required funds
to meet the participation threshold have been approved and budgeted for the jurisdiction; or a
letter from the chief executive officer of the jurisdiction indicating that the required funds to
meet the participation threshold have been approved and budgeted. Failure to notify HUD
within 30 days and to include the required information about how you will meet the participation
threshold in the first year of qualification, will disqualify you from becoming a participating
jurisdiction for FY 2023 HOME funds.
Thank you for your continued interest in CPD programs, I greatly appreciate your
leadership in using these funds to address your most urgent housing and community
development needs, including preventing and reducing homelessness. If you or any member of
your staff have questions, please contact your local CPD Field Director.
Sincerely,
Marion Mollegen McFadden
Principal Deputy Assistant Secretary
for Community Planning and Development
Page 278 of 321
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
CITY COUNCIL MEMO
2023-548
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM:
Gretchen Harrison, Planner
DATE:
March 14, 2023
SUBJECT:
RZN-2023-0006: Rezoning (920 S. WOOD AVE./MAHONEY, 563): Submitted by BAJA
OZARKS, LLC for property located at 920 S. WOOD AVE. in WARD 1. The property is
zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.48
acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -
URBAN.
RECOMMENDATION:
City staff and the Planning Commission recommend approval of a request to rezone the subject property as
described and shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is in south Fayetteville on the east side of Wood Avenue about 300 feet north of the
street's intersection with McClinton Street. The property contains one parcel totaling 0.48 acres and is currently
developed with one single-family dwelling which Washington County records indicate was built in 1956. The
property lies within the Walker Park Neighborhood Master Plan area and received its current zoning
designation of NC, Neighborhood Conservation, as a result of that plan in 2008.
Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U,
Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment regarding this request.
Land Use Compatibility: Staff finds the proposed zoning of RI-U, Residential Intermediate -Urban, to be
compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature,
varying in both form and density. When compared to the property's current zoning designation of NC,
Neighborhood Conservation, RI-U would allow for a greater variety of residential uses and densities by right.
While NC allows single-family dwellings at a density of 10 units per acre, RI-U would allow single- to four -family
dwellings with no stated density limitation. Since the subject property is directly adjacent to single-family
dwellings, duplexes, and a multi -family dwelling, the land uses allowed by right in RI-U would be directly
compatible with the surrounding area. Uses allowed conditionally in RI-U, including cultural and recreational
facilities, limited businesses, and multi -family dwellings, may also be suitable on this site, though any land uses
allowed conditionally would be subject to further review to determine full compatibility.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 279 of 321
Land Use Plan Analysis: Staff finds that the proposed zoning is consistent with the property's Future Land Use
map designation as a Residential Neighborhood area. The RI-U zoning district would allow for a mixture of
residential densities in an urban form. If the property were to be redeveloped or subdivided, staff finds that RI-
U could encourage an environment that is appealing to pedestrians by requiring buildings to be located close
to the street and by reducing the visual impact of parking areas. The property has a relatively high weighted
infill score of 7, indicating that it is likely a suitable location for infill. Since hydric soils are present on site, more
information will be needed at the time of development proposal to determine whether wetlands are present.
Regarding City Plan 2040, staff finds that a rezoning to RI-U could support Goals 1 and 3 by encouraging
appropriate infill in an area that is highly walkable and near transit routes. With regard to the Walker Park
Neighborhood Master Plan, a rezoning to RI-U could support the guiding principle of balancing uses and
housing. Per the plan, ensuring a balance of uses and housing contributes to the overall sustainability of the
community by reducing the number of vehicle trips needed, and smaller lot sizes exemplify a more sustainable
development pattern than conventional subdivisions. Also, the variety of housing types permitted in RI-U would
enable residents to remain in the Walker Park neighborhood as their housing needs change.
City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score of 7 for this site. The following
elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #3, 1050 S. Happy Hollow Rd.)
• Near Sewer Main (six-inch main, S. Wood Ave.)
• Near Water Main (12-inch main, S. Wood Ave.)
• Near City Park (Jefferson Park, Walker Park)
• Near Paved Trail (E. MLK Jr. Blvd., E. 15th St.)
• Near ORT Bus Stop (Route 20)
• Within Walker Park Master Plan Area
DISCUSSION:
At the March 13, 2023 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Winston made the motion and Commissioner Canada
seconded. Commissioner Madden expressed concerns about spot zoning properties from NC to RI-U in the
Walker Park neighborhood and stated that the neighborhood plan may need to be updated. Commissioners
otherwise found the requested rezoning to be appropriate and offered little comment on the item. No members of
the public spoke at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report, Legal Memo - Spot Zoning
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 280 of 321
® City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-548
RZN-2023-0006: Rezoning (920 S. WOOD AVE./MAHONEY, 563): Submitted by BAJA
OZARKS, LLC for property located at 920 S. WOOD AVE. in WARD 1. The property is zoned
NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.48 acres. The request
is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
23-006 LOCATED AT 920 SOUTH WOOD AVENUE IN WARD 1 FOR APPROXIMATELY 0.48
ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RI-U,
Residential Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
Page 281 of 321
City of Fayetteville Staff Review Form
2023-548
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 3/17/2023 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2023-0006: Rezoning (920 S. WOOD AVE./MAHONEY, 563): Submitted by BAJA OZARKS, LLC for property
located at 920 S. WOOD AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.48 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
Budget Impact:
Account Number
Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ -
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Previous Ordinance or Resolution #
Approval Date:
V20221130
Page 282 of 321
RZN-2023-0006
Close Up View
RSF-18
W
a
�— LU
W
1o�Ns
o
m
J
x
O
r-
m
L--
11 TH ST—
Unclassified
Residential Link
r ' Planning Area
i _ _ : Fayetteville City Limits
920 S. WOOD AVE
Subject Property
Feet
0 75 150 300
1:2,400
450
RZN-2023-0006
EXHIBIT 'A'
/FAIRL•ANE ST
W
a'
W
J
.J
W
z
a
MCCLINTON ST
•11
w
a
g
J
W
=,J&
NANTUCKET-DINORTH
Zone
Current
Proposed
NC
0.48 ac
0.00 ac
RI-U
0.00 ac
0.48 ac
Total 0.48 ac
Page 283 of 321
RZN-2023-0006
EXHIBIT `B'
SURVEY D..E�CRIPTIQN.
A PART OF THE NORTHEAST QUARTER (NE 1 /4 ) GE THE NORTHWEST
QUARTER (NW- i4) OF SECTION TWENTY --TWO (22), -TOWNSHIP
SIXTEEN ('; 8) NORTH RANGE THIRTY (30) VVEST OF THE FIFTH
PRINCIPAL MERIDJAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBI17D AS MI -LOWS: COMMENCING AT THE
NORTHWEST CORNER 0r SAID 40 ACRE TRACT. SAID POINT
FORMERLY OCCUPIED WITH A MAGNETIC NAIL: THENCE S02'37'27"W
713.54 FEET (DEED=711 FEET) ALONG THE WEST LINE OF SAID 40
ACRE TRACT TO THE TRUE POrIN T OF BECINMNIG, SAID POINT REIN iN
WOOD AVENUE AND FROM WHICH AN EXISTING REFERENCE IRON
SEARS S87" 1 O'08..E 19.79 FEET; THENCE LEAVING THE WEST LINE OF
SAID 4-0 ACRE TRACT, S87' 10'D5"E 209.80 FEET TO AN EXISTING
IRON RECAR; THENCE SC2'23'59 V 100.25 FEET TO AN EXISTING 1 "
OPEN TOP RIPE; THENCE N87' i 8'35" Vi 210.19 FEET TO A PAINT ON
THE WEST LINE OF SAID 40 ACRE TRACT, SAID POINT BEING IN
WOOD AVENUE .AND FROM WHICH AN EXISTING 7 " OPEN TOP PIPE
AFARS 9, R716'35"F 2.0.72 FEE'f: THENCE NO2`37'27"F 100.65 FFF-T
11;,.ONG, THE WEST 1_,INF OF SAID 40 ACRF TRACT TO IHF POINT OF
8 .GINN:NIG, "ONIAININO; 0.48 ACRES, MORE OR LESS.
Page 284 of 321
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: March 13, 2023 (Updated with results)
SUBJECT: RZN-2023-0006: Rezone (920 S. WOOD AVE./MAHONEY, 563):
Submitted by BAJA OZARKS, LLC for property located at 920 S. WOOD
AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and
contains approximately 0.48 acres. The request is to rezone the property
to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0006 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
"I move to forward RZN-2023-0006 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in south Fayetteville on the east side of Wood Avenue about 300 feet
north of the street's intersection with McClinton Street. The property contains one parcel totaling
0.48 acres and is currently developed with one single-family dwelling which Washington County
records indicate was built in 1956. The property lies within the Walker Park Neighborhood Master
Plan area and received its current zoning designation of NC, Neighborhood Conservation, as a
result of that plan in 2008. Surrounding land uses and zoning are listed in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Multi -Family Residential
RMF-18, Residential Multi -Family, 18 Units per Acre
South
Single -Family Residential
NC, Neighborhood Conservation
East
Single -Family Residential
NC, Neighborhood Conservation
West
Single- and Two -Family Residential
NC, Neighborhood Conservation
Request: The request is to rezone the subject property from NC, Neighborhood Conservation to
RI-U, Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment regarding this request.
INFRASTRUCTURE:
Streets: The subject property has frontage along Wood Avenue, a partially -improved
Residential Link street with asphalt paving and open ditches. Any street
Page 285 of 321
improvements required in this area would be determined at the time of
development proposal.
Water: Public water is available to the subject property. An existing 12-inch water main is
present along the east side of Wood Avenue.
Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main
is present on the west side of Wood Avenue.
Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District or a FEMA-
designated floodplain and no protected streams are present. However, the
property is largely encumbered by hydric soils. Hydric soils are known indicators
of wetlands, though for an area to be classified as wetlands, it may also need other
characteristics such as hydrophytes (plants that grow in water), and shallow water
during parts of the year. Hydric soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It's important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal. Any additional improvements or
requirements for drainage will be determined at the time of development.
Fire: Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is
located approximately 1.4 miles from the fire station with an anticipated drive time
of approximately three minutes using existing streets. The anticipated response
time would be approximately 5.2 minutes. Fire Department response time is
calculated based on the drive time plus one minute for dispatch and 1.2 minutes
for turn -out time. Within the city limits, the Fayetteville Fire Department has a
response time goal of six minutes for an engine and eight minutes for a ladder
truck. Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district of RI-U, Residential Intermediate -Urban requires 15%
minimum canopy preservation. The current zoning district of NC, Neighborhood
Conservation, requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood area. The property is
also located within the Walker Park Neighborhood Master Plan area.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low -intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
Page 286 of 321
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
The Walker Park Neighborhood Master Plan was the city's first neighborhood plan which was
completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in
the plan which include maintaining a balance of uses and housing, emphasizing connectivity and
walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible
greenspace throughout the neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site
with a weighted score of 8. The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #3, 1050 S. Happy Hollow Rd.)
• Near Sewer Main (six-inch main, S. Wood Ave.)
• Near Water Main (12-inch main, S. Wood Ave.)
• Near City Park (Jefferson Park, Walker Park)
• Near Paved Trail (E. MLK Jr. Blvd., E. 15t" St.)
• Near ORT Bus Stop (Route 20)
• Within Walker Park Master Plan Area
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility. Staff finds the proposed zoning of RI-U, Residential
Intermediate -Urban, to be compatible with the surrounding area. Land uses
in the immediate vicinity are primarily residential in nature, varying in both
form and density. When compared to the property's current zoning
designation of NC, Neighborhood Conservation, RI-U would allow for a
greater variety of residential uses and densities by right. While NC allows
single-family dwellings at a density of 10 units per acre, RI-U would allow
single- to four -family dwellings with no stated density limitation. Since the
subject property is directly adjacent to single-family dwellings, duplexes,
and a multi -family dwelling, the land uses allowed by right in RI-U would be
directly compatible with the surrounding area. Uses allowed conditionally in
RI-U, including cultural and recreational facilities, limited businesses, and
multi -family dwellings, may also be suitable at this site, though any land
uses allowed conditionally would be subject to further review to determine
full compatibility.
Land Use Plan Analysis: Staff finds that the proposed zoning is consistent
with the property's Future Land Use map designation as a Residential
Neighborhood area. The RI-U zoning district would allow for a mixture of
residential densities in an urban form. If the property were to be redeveloped
or subdivided, staff finds that RI-U could encourage an environment that is
appealing to pedestrians by requiring buildings to be located close to the
street and by reducing the visual impact of parking areas. The property has
a relatively high weighted infill score of 8, indicating that it is likely a suitable
location for infill. Since hydric soils are present on site, more information
Page 287 of 321
will be needed at the time of development proposal to determine whether
wetlands are present. Regarding City Plan 2040, staff finds that a rezoning
to RI-U could support Goals 1 and 3 by encouraging appropriate infill in an
area that is highly walkable and near transit routes. With regard to the Walker
Park Neighborhood Master Plan, a rezoning to RI-U could support the
guiding principle of balancing uses and housing. Per the plan, ensuring a
balance of uses and housing contributes to the overall sustainability of the
community by reducing the number of vehicle trips needed, and smaller lot
sizes exemplify a more sustainable development pattern than conventional
subdivisions. Also, the variety of housing types permitted in RI-U would
enable residents to remain in the Walker Park neighborhood as their housing
needs change.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed rezoning from NC to RI-U is justified. Rezoning
to RI-U would allow for housing types and densities that are comparable to
the existing development pattern in the area and consistent with the City's
planning policies and objectives.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that rezoning the property to RI-U has the potential to increase
traffic along Wood Avenue. However, the size of the property will naturally
limit the scale of any future development and thus reduce any possible
impacts on traffic danger or congestion. Any street improvements required
in this area would be determined at the time of development proposal.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from NC to RI-U has the potential to increase
population density when considering there is no density limitation
associated with the RI-U zoning district. However, staff finds that a rezoning
is not likely to undesirably increase the load on public services. The property
is near existing water and sanitary sewer infrastructure and is close to other
public services. Fayetteville Public Schools did not comment on this
request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
Page 288 of 321
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0006 to the City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: March 13, 2023 O Tabled O Forwarded O Denied
with a
Motion: Winston recommendation of
approval
Second:Canada
Vote: 9-0-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.12 — District RI-U, Residential Intermediate - Urban
o §161.29 — Neighborhood Conservation
• Request Letter
• Walker Park Neighborhood Illustrative Plan
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Page 289 of 321
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-
family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster housing development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling all types)
Lot width minimum
18 feet
Lot area minimum
None
(E) Setback Requirements.
Front
Side Other
Side Single &
Rear Other
Rear, from centerline
Uses
Two 2 Family
Uses
of an alley
A build -to zone that is located
None
5 feet
5 feet
12 feet
between the front property, line
and a line 25 feet from the front
property line.
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No.
6427 , §§l (Exh. C), 2, 4-20-21)
Page 290 of 321
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones.
Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as
civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the
purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 12a
Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 140 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front
A build -to zone that is located between
the front property line and a line 25 feet
from the front property line.
Side
5 feet
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord.
No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21)
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."
Page 291 of 321
I would like to rezone this property to an RI-U zoning in order to split into 4 lots. Currently an
old 504 sq ft home sits on 0.48 +/- acres. The home is tiny and is in need of major renovations.
The best and highest use of this large lot that is a 20 minute walk to downtown and similar
distance to grocery stores, dining and the public library would be to offer the opportunity to
develop further into more housing opportunity. There is currently an 8 unit condominium
building on the northside of the property and a single family residential rental home to the
south. The property is in South Fayetteville one mile to the historic square and in an area where
a mix of zoning exists offering multi family housing, condos, a smaller home neighborhood, row
homes, and even some tiny homes to provide density to this downtown area. I do not think that
allowing 4 smaller lots to be made from this almost half acre lot will change the fabric of this
neighborhood as it is close proximity to very similar sized lots.
Page 292 of 321
J
0
T f ��
t�
1_ r T..aveevle
a ARKANSAS
kr-
pF7rn-
IjIIL i 4 [T. V •+`•'
n a.o�ij C�---.ar Subject
I %Q10,
sm
i 4b li M ad - >Y
A
I=
ju
qj;
'4�'F. i �;, =. •t, 5 - sew ��_ �.. -� ,� 'i .T'
>J
Q� �9
gg4pJLj
�
r }g�
f ff
; �� wee �IJI " r — f r r
771
� e
WALKER PARK NEIGHBORHOOD
-ILLUSTRATIVE MASTER PLAN
FAYETTEVILLE, ARKANSAS
SEPTEMBER 2007
O Existing Building N
® Proposed Building
Existing Civic Building
..... Study Area Boundary
Lam��
s
Page 293 of 321
RZN-2023-0006
One Mile View
t� Regional Link
Neighborhood Link
Regional Link - High Activity
Urban Center
- Unclassified
- Alley
- Residential Link
. . Shared -Use Paved Trail
Trail (Proposed)
i Design Overlay District
Fayetteville City Limits
Z Z Planning Area
920 S. WOOD AVE
0 0.13 0.25 0.5 Miles
J lJJ �
J � u
t
I
Abol
RSF-4
y
R ' y
I
I
I
IARTI LUTHER
Subject Property
Planning Area
Fayetteville City Limits
ORTH
5TH
RSF-8
Zoning
�I-2 General lnauatriel
RESIDE NTIALSINGLE-FAMILY
EXTRACTION
RI-u
COMMERCIAL
� RI-12
ResltleniiaFOfice
�ResltleMlal-�aWIW21
g�G-2
RSF-.8
g�C3
RSF-1
FORM BASED DISTRICTS
RSF-2
M.--nCore
RSF4
=Uman Thomughrare
RSF-]
I♦Mein Siraet Center
RSF-8
Osxniown General
RSF-18
g�Communiry Services
RESIDENTIAL MULTI -FAMILY
Neighborhood sarvices
RMF-8
g� NeigM1borhootl Conservation
�RMF-12
PLANNEDZONING DISTRICTS
ii RMF-18
ii Commercial, Intla—I, Residential
ii RMF-2a
INSTITUTIONAL
RMF-08
_P1
INDUSTRIAL
I-1 Heavy Commenialana Light lndu-1
Page 294 of 321
RZN-2023-0006
Close Up View
RSF-18
W
a
�— LU
W
1o�Ns
o
m
J
x
O
r-
m
L--
11 TH ST—
Unclassified
Residential Link
r ' Planning Area
i _ _ : Fayetteville City Limits
920 S. WOOD AVE
Subject Property
Feet
0 75 150 300
1:2,400
450
/FAIRL•ANE ST
W
a'
W
J
.J
W
z
a
MCCLINTON ST
•11
w
a
g
J
W
=,J&
NANTUCKET-DINORTH
Zone
Current
Proposed
NC
0.48 ac
0.00 ac
RI-U
0.00 ac
0.48 ac
Total 0.48 ac
Page 295 of 321
Page 296 of 321
RZN-2023-0006
Future Land Use
z�
0
O, LU
z,�
cola
9
7TH-ST
920 S. WOOD AVE
MARTIN LUTHER
KING JRBLVD - - - - --
UJ
❑
O
O
n....:.,...�s Subject Property
ighborhood
LU 9TH•ST-- - - - -- >
a
a
W
�
LU
LU
.J
O
10THLST
v
Lao
a m a
O---
0
_z
x
U-11TH-ST
12TH PL—
LU
Q
12TH,ST - - - Q
O
City
O
Neighborhood
13T►�►
13TH PL l�
,'ST
13TH-ST
Neighborhood Link
Urban Center
Unclassified
Alley
Residential Link
r Planning Area
Fayetteville City Limits
— — — Trail (Proposed)
ORTH
W
Q
10
MIRAG C,
I— D� l OFFEE - - ,
I WAY NVNlSVILLE RD
FAIRLANE-ST
LU
a
>
a
❑
J
N
�
Q
J
W
=
0
z
W
z
MCCLINTON-ST
'
p
v
SWIFT=DR
NANTUCKET�o� �RANKIE
a 4.ELLY CIR
Cn
Cn a
f- 3
uvi
J
"_EFo\_\
/
CHESAPEAKE
a
eAY P�-
Natural
WAY
NIGHTS
LN
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Feet Natural
Non -Municipal Government
0 145 290 580 870 1,160 Residential Neighborhood
Rural Residential
1'4'$00 Urban Center
Page 297 of 321
41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Planning Commission
CC: Jessie Masters, Development Review Mana
FROM: Blake Pennington, Assistant City Attor f
DATE: March 14, 2023
RE: Spot Zoning
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
Spot zoning is an issue that arises in your discussions occasionally on rezoning
applications. I want to make sure the Planning Commission's understanding of spot
zoning aligns with how the Arkansas Supreme Court has defined it.
The Arkansas Supreme Court has recognized a city's "need to maintain
consistent zoning area, and not to set a precedent of spot zoning." Thomas Petroleum
v. West Helena, 310 Ark. 682, 839 S.W. 2d 523, 525 (1992). The Thomas Petroleum
case considered a request to rezone residential property to highway -commercial for
the purpose of constructing a convenience store and service station. Both the
chancery court and the Supreme Court affirmed the West Helena City Council's
denial of the rezoning because "the property was entirely surrounded by a residential
area, and ... the residents objected ...."
Spot zoning, by definition, is invalid because it amounts to an arbitrary,
capricious and unreasonable treatment of a limited area within a
particular district. As such, it departs from the comprehensive
treatment or privileges not in harmony with the other use
classifications in the area and without any apparent circumstances
which call for different treatment. Spot zoning almost invariably
involves a single parcel or at least a limited area.' R. Wright and S.
Webber, Land Use (1978). Riddell v. City of Brinkley, 612 S.W. 2d
116, 117(1981).
(S)pot zoning includes zoning one lot in a manner entirely different
from the surrounding area .... Smith v. City of Little Rock, 279 Ark. 4,
648 S.W. 2d 454, 457 (1983).
Page 298 of 321
Spot Zoning
Questions of compatibility and spot zoning are related but can be different.
As interpreted by the Arkansas Supreme Court, spot zoning relates to the
incompatibility of uses. The general issue of compatibility can take into account
more factors than just land use.
In way of example, say an applicant owns a parcel within a neighborhood that
is zoned RSF-4. The applicant seeks to rezone the parcel to RI- U. I do not believe
the courts would find this to be spot zoning because the uses in both RSF-4 and RI-
U are residential in nature. The Planning Commission could recommend approval
of the rezoning finding that the residential uses are compatible and that the rezoning
aligns with the City's goals of infzll, discouragement of suburban sprawl, and
providing a variety ❑f housing types. Conversely, the Planning Commission could
deny the rezoning finding that, even though the residential uses are compatible, that
is outweighed by the potential density, bulk and area regulations, and setbacks which
could be incompatible with the surrounding RSF-4. It is my opinion that the Planning
Commission could logically and legally arrive at either decision. If the City Council
were to grant or deny the application for the same reasons, I do not believe any court
would find that the decision was arbitrary or capricious.
In the rezoning forwarded by the Planning Commission with a
recommendation of approval last night, a rezoning from NC to RI-U would certainly
not be spot zoning.
Page 299 of 321
CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF MARCH 28, 2023
CITY COUNCIL MEMO
2023-575
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM:
Donna Wonsower, Planner
DATE:
March 16, 2023
SUBJECT:
RZN-2023-0005: Rezoning (514 S WILLOW AVEJ COLLINS, 524): Submitted by
ADAMS COLLINS for property located at 514 S. WILLOW AVE in WARD 1. The
property is zoned NC, NEIGHBROHOOD CONSERVATION and contains
approximately 0.25 acres. The request is to rezone the property to RI-U,
RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is in south Fayetteville, roughly 150 feet north of the intersection of E. Martin Luther King
Jr Blvd. and S. Willow Ave. The property is zoned NC, Neighborhood Conservation, totals approximately 0.25
acres, and is developed with a 720-square foot single-family structure, an existing non -conforming garage
partially located on the adjacent property to the north, and an existing non -conforming shed partially located on
the property to the east. No zoning overlays or special regulations apply to the site; however, it is within the
Walker Park Neighborhood master plan area. The site is characterized by hydric soils along the western half
and slopes over 15% across a portion of the rear yard.
Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U, Residential
Intermediate -Urban.
Public Comment: Staff has not received any public comment on the proposed rezoning.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. Residential uses
and densities located near the subject property vary substantially. Neighboring properties are of a variety of
sizes but generally follow a typical lot and block development pattern. The existing and proposed zoning
districts have similar allowable uses, though RI-U has more uses allowed by right. Both the existing and
proposed zoning designations are residential districts with urban form setbacks that are congruent with the
existing pattern in the neighborhood. Since the subject property contains roughly 0.2 acres, a maximum of two
units are permitted under current entitlements, where rezoning to RI-U would remove the density limitation.
That said, any future development would be subject to, and limited by, minimum parking requirements, tree
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 300 of 321
preservation, drainage, and access management standards. NC zoning allows two-family, three and four
family, and cluster housing developments by conditional use where they are allowed by -right in RI-U. Rezoning
to RI-U would reduce side and rear setbacks for non -single and two-family dwelling uses, increasing the
buildable area on site. RI-U requires an 18-foot lot width minimum and no lot area minimum for residential
uses. Conversely, both NC and RI-U include up to a three-story height limit.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future
land use designation for this location. Rezoning from NC to RI-U serves to contribute towards City Plan 2040
Goals #1- Appropriate Infill, #4- Growing a Livable Transportation Network, and #6- Create Opportunities for
Attainable Housing. The site scores moderately on the Infill Scoring Matrix (see below). Because of the flexible
zoning regulations associated with the RI-U district, rezoning may allow for redevelopment or added density
near these services. The Future Land Use Map designates the site as a Residential Neighborhood Area — a
designation which supports a wide variety of housing types of appropriate scale and context, including single-
family, duplexes, rowhouses, multifamily and accessory dwelling units. NC allows only single-family or
accessory dwellings by right, while RI-U is more consistent with future land use plan designation in allowing a
wider variety. Increasing density is likely best facilitated on a site of this size due to the generous regulations in
RI-U zoning and is justified given the property's proximity to adjacent public, commercial and other non-
residential uses.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (6" sewer main, S. Willow Av)
• Near Water Main (6" water main, S. Willow Ave.)
• Near City Park (Jefferson Park, Walker Park, Ralph "Buddy" Hayes Park)
• Near Paved Trail (E. Martin Luther King Jr. Blvd. Side Path Trail)
• Near ORT Bus Stop (Route 20)
• Within Master Plan Area (Walker Park Neighborhood)
DISCUSSION:
At the March 13, 2023 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Holcomb made the motion and Commissioner Brink
seconded. Commissioner Madden expressed concern over whether the increasing number of rezoning
requests within the Walker Park Neighborhood Plan area indicate a need to approach the neighborhood
holistically rather than as individual zoning requests. The Commission acknowledged the age of the plan and
the possibility of further discussion with long-range planning. Commissioners in favor of the rezoning found RI-
U to be compatible with the existing NC zoning district and to allow for additional infill development.
Commissioners noted the narrowness of the lot and the difficulty of splitting the parcel under current zoning,
and staff confirmed that due to the small size of the lot and density constraints, only two units would be allowed
in the existing NC zoning district even if a conditional use permit was granted for three- or four -family dwelling
units. The Commission did not find the rezoning request to be an example of spot zoning. No members of the
public spoke during the meeting.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report, Legal Memo- Spot Zoning
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Page 301 of 321
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Page 302 of 321
® City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-575
RZN-2023-0005: Rezoning (514 S WILLOW AVEJ COLLINS, 524): Submitted by ADAMS
COLLINS for property located at 514 S. WILLOW AVE in WARD 1. The property is zoned NC,
NEIGHBROHOOD CONSERVATION and contains approximately 0.25 acres. The request is to
rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
23-005 LOCATED AT 514 SOUTH WILLOW AVENUE IN WARD 1 FOR APPROXIMATELY 0.25
ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RI-U,
Residential Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
Page 303 of 321
City of Fayetteville Staff Review Form
2023-575
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 3/17/2023 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2023-0005: Rezoning (514 S WILLOW AVE./ COLLINS, 524): Submitted by ADAMS COLLINS for property located
at 514 S. WILLOW AVE in WARD 1. The property is zoned NC, NEIGHBROHOOD CONSERVATION and contains
approximately 0.25 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget T77 -
Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
Page 304 of 321
RZN-2023-0005 514 S. WILLOW AVE
Close Up View
Subject Property
NIL'UTHE
z
0
cD
z
RSF-8
RZN-2023-0005
EXHIBIT "A"
-w
Q
0
O
O
JA,
OAP
-- - --
1 '0 -
,A&
NORTHI
Neighborhood Link Zone Current Proposed
Urban Center
Unclassified NC 0.2 0.0
RW 0.0 0.2
Alley
Residential Link Feet
Hillside -Hilltop Overlay District
Planning Area 0 75 150 300 450 600
r _ �
_ Fayetteville City Limits :2,400 Total 0.2 ac
Page 305 of 321
RZN-2023-0005
EXHIBIT "B"
Attachment for Rezoning Application for 514 S. Willow Ave.
Legal Description for 514 S. Willow Avenue
PT LOT 45 SW (70/150) Further Described from 2013-33519 AS:
A part of the Southwest Quarter of the Southwest Quarter of Section Fifteen (15)
Township Sixteen (16) North, Range Thirty (30) West described as follows:
Beginning at a point 473.5 feet West and 484.8 feet North of the Southeast corner
of said 40 acre tract, and running thence West 150 feet: thence North 70 feet:
thence East 150 feet: thence South 70 feet to the place of beginning, and being
situated in the City of Fayetteville, County of Washington and State of Arkansas.
Page 306 of 321
CITY OF
FAYETTEVILLE
%PF ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: March 13, 2023 (Updated with results from Planning Commission)
SUBJECT: RZN-2023-0005: Rezoning (514 S WILLOW AVEJ COLLINS, 524):
Submitted by ADAMS COLLINS for property located at 514 S. WILLOW
AVE. The property is zoned NC, NEIGHBROHOOD CONSERVATION and
contains approximately 0.25 acres. The request is to rezone the property
to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0005 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2023-0005 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located in south Fayetteville, roughly 150 feet north of the intersection of
E. Martin Luther King Jr Blvd. and S. Willow Ave. The property is zoned NC, Neighborhood
Conservation, totals approximately 0.25 acres, and is developed with a 720-square foot single-
family structure, an existing non -conforming garage partially located on the adjacent property to
the north, and an existing non -conforming shed partially located on the property to the east. The
applicant intends to remove the non -conforming structures. No zoning overlays or special
regulations apply to the site however it is within the Walker Park Neighborhood master plan area.
The site is characterized by hydric soils along the western half and a roughly 3:1 slope in the rear
yard. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-FamilyResidential
NC, Neighborhood Conservation
South
Single -Family Residential
NC, Neighborhood Conservation
East
Undeveloped
NC, Neighborhood Conservation
West
Single -Family Residential / Undeveloped
NC, Neighborhood Conservation
Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U,
Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment on the request.
Planning Commission
March 13, 2023
RZN-2023-0005(C0LQI 307 of 321
Page 1 of 13
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along the west side of S. Willow Ave. S. Willow Ave.
is a partially improved Residential Link Street with asphalt paving, sidewalks on
the east side of the street and curb and gutter. Any street improvements required
in these areas would be determined at the time of development proposal.
Water: Public water is available to the subject area. Existing 6-inch water main is
present on the West side of South Willow Avenue.
Sewer: Sanitary Sewer is available to the Subject area. Existing 6-inch sewer main is
present in the center of South Willow Avenue.
Fire: Station 1, located at 303 W. Center St., protects this site. The property is located
approximately 0.9 miles from the fire station with an anticipated drive time of
approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck. Fire apparatus
access and fire protection water supplies will be reviewed for compliance with the
Arkansas Fire Prevention Code at the time of development.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District or within a
FEMA floodplain. There are no protected streams present in the subject area.
There are hydric soils present on the site. Hydric soils are a known indicator of
wetlands. However, for an area to be classified as wetlands, it may also need
other characteristics such as hydrophytes (plants that grow in water), and shallow
water during parts of the year. Hydric Soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It's important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal. Any additional improvements or
requirements for drainage will be determined at time of development.
Tree Preservation:
The proposed zoning district of RI-U, Residential Intermediate -Urban requires 15%
minimum canopy preservation. The current zoning district of NC, Neighborhood
Conservation requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as a Residential Neighborhood.
Planning Commission
March 13, 2023
RZN-2023-0005(C0LQI 308 of 321
Page 2 of 13
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
neighborhood development that incorporates low -intensity non-residential uses intended to serve
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site,
with a weighted score of 8 at the highest. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (6" sewer main, S. Willow Av)
• Near Water Main (6" water main, S. Willow Ave.)
• Near City Park (Jefferson Park, Walker Park, Ralph "Buddy" Hayes Park)
• Near Paved Trail (E. Martin Luther King Jr. Blvd. Side Path Trail)
• Near ORT Bus Stop (Route 20)
• Within Master Plan Area (Walker Park Neighborhood)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be compatible with the
surrounding context. Residential uses and densities located near the subject
property vary substantially. Neighboring properties are of a variety of sizes
but generally follow a typical lot and block development pattern. The existing
and proposed zoning districts have similar allowable uses, though RI-U has
more uses allowed by right. Both the existing and proposed zoning
designations are residential districts with urban form setbacks that are
congruent with the existing pattern in the neighborhood. When compared to
NC, rezoning to RI-U will not affect the buildable area of the lot for single and
two-family uses but would increase the permitted buildable area by 5% of the
lot's overall area for other uses. Since the subject property contains roughly
0.2 acres, a maximum of two units are permitted under current entitlements,
where rezoning to RI-U would remove the density limitation. That said, any
future development would be subject to, and limited by, minimum parking
requirements, tree preservation, drainage, and access management
standards. NC zoning allows two-family, three and four family, and cluster
housing developments by conditional use where they are allowed by -right in
RI-U. Rezoning to RI-U would reduce side and rear setbacks for non -single
and two-family dwelling uses, increasing the buildable area on site. RI-U
requires an 18-foot lot width minimum and no lot area minimum for
residential uses. Conversely, both NC and RI-U include up to a three-story
height limit.
Planning Commission
March 13, 2023
RZN-2023-0005(COLQI 309 of 321
Paqe 3 of 13
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals
in City Plan 2040 and the future land use designation for this location.
Rezoning from NC to RI-U serves to contribute towards City Plan 2040 Goals
#1- Appropriate Infill, #4- Growing a Livable Transportation Network, and #6-
Create Opportunities for Attainable Housing. The site scores moderately on
the Infill Scoring Matrix due to water/sewer access, proximity to multiple city
parks and trails, and access to a nearby ORT bus stop. Because of the
flexible zoning regulations associated with the RI-U district, rezoning may
allow for redevelopment or added density near these services. Additionally,
where only single-family or accessory dwellings are allowed by right in NC,
RI-U encourages more appropriately scaled density in relation to the existing
neighborhood. The Future Land Use Map designates the site as a Residential
Neighborhood Area — a designation which supports support a wide variety
of housing types of appropriate scale and context including single-family,
duplexes, rowhouses, multifamily and accessory dwelling units. Increasing
density is likely best facilitated on a site of this size due to the generous
regulations in RI-U zoning and it is justified given the property's proximity to
commercial and non-residential uses in downtown Fayetteville.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning to RI-U is justified. The RI-U zoning regulations
often facilitate development on smaller sites. Rezoning may be less
restrictive in allowing the property to develop under proportional
regulations. Because rezoning will better support infill redevelopment on the
property, staff finds the proposed zoning to be consistent with the City's
future land use goals and therefore needed at this time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning to RI-U has an associated potential to increase traffic at this
location. NC currently limits density to 10 units per acre, whereas RI-U does
not have a set density requirement. Staff finds, though, the potential to
increase the number of residential units is marginal given the size of the lot
and unlikely to result in increased traffic danger or congestion. The subject
property has access to S. Willow Ave., an improved Residential Link. Future
development would be required to meet the City's applicable access
management and parking standards.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to RI-U may increase the load on public services, but
the impact is not expected to be detrimental. The size of the property and
access to existing water and sewer infrastructure means future development
will likely avoid the need for costly extensions to services. Fayetteville Public
Schools did not comment on this request.
Planning Commission
March 13, 2023
RZN-2023-0005(COLQI 310 of 321
Paqe 4 of 13
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends approval of RZN-2023-0005.
PLANNING COMMISSION ACTION: Required YES
Date: March 13, 2023
Motion: HOLCOMB
Second: BRINK
Vote: 9-0-0
BUDGET/STAFF IMPACT:
None
O Tabled O Forwarded O Denied
Recommendation of Approval
Attachments:
• Unified Development Code:
o §161.12 District RI-U, Residential Intermediate — Urban
o §161.29 District NC, Neighborhood Conservation
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
• Public Comment
Planning Commission
March 13, 2023
RZN-2023-0005(COLQI 311 of 321
Page 5 of 13
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster housing development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
all types)
Lot width minimum
18 feet
Lot area minimum
None
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear, from
Uses
& Two (2)
Uses
centerline of
Family
an alley
A build -to zone that is
None
5 feet
5 feet
12 feet
located between the front
property, line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
Planning Commission
March 13, 2023
RZN-2023-0005(COLQI 312 of 321
Page 6 of 13
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945, §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No.
6427, §§l (Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
March 13, 2023
RZN-2023-0005(COLQI 313 of 321
Page 7 of 13
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other
zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of
uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood
character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a
residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit
12a
Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 140 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front
A build -to zone that is located
between the front property
line and a line 25 feet from
the front property line.
Side
5 feet
Rear
5 feet
Rear, from center line of an
12 feet
alley
Planning Commission
March 13, 2023
RZN-2023-0005(CoLQI 314 of 321
Page 8 of 13
(F) Building Height Regulations.
Building Height Maximum 13 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5800, §1(Exh. A), 10-6-15>; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord.
No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6211, §1, 8-6-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections
ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void
twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City
Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
March 13, 2023
RZN-2023-0005(COLQI 315 of 321
Page 9 of 13
The request to rezone the property located at 514 S. Willow Avenue from the
current Neighborhood Conservation (NC) to Residential Intermediate Urban (RI-U)
we feel would be compatible with the neighboring property. In reviewing
property in the surrounding area it appears other properties have requested and
received the rezoning from NC to RI-U. This RI-U zoning would be compatible with
the City of Fayetteville's `Future Land Use Map' and the Walker Park
Neighborhood Master Plan. The RI-U zoning would allow for more residential
units than the current zoning based on the size of the lot if that were to be
desired in the future.
Planning Commission
March 13, 2023
RZN-2023-0005(COLQl 316 of 321
Page 10 of 13
RZN-2023-0005 514 S. WILLOW AVE
One Mile View NORTH
1. Im I OIL 1111 0 0.13 0.25 0.5 Miles
CK,
T J AProperty%4,1—,....',-1
�\
Subject_
AMill
. "v/�/�♦
- t-Q RSF-8 '
MARTIN L' UTHE 7
I
:E
I
� , I
' G �
WINE y -
O
�11 Z
O
i P 1
Regional Link
---
Zoning
RESIDENTIAL SINGLE-FAMILY
�I-2 Ge�reral lnauatriel
F�(TRACTION
Neighborhood Link
_ _ _ _ _ _
-
M. Ns-c
M. RI-u
CO a
COMMM ERCIAL
Regional Link - High Activity
RI-12
NS-L
ResltlemialAfice
11
Urban Center
ResltleMlal-�rialW21
C-2
_
.3
Unclassified
_
RSF-15
FORM BASED DISTRICTS
—Alley
_
_
RSF-2
RSFd
� Oownbwn Core
human Tnom�gnrare
-Residential Link
❑
RSF-]
RSF-8
Mein Streat Cen[er
� Osxntown General
Shared -Use Paved Trail
RSF-18
g�Communiry services
RESIDENTIAL MULTI -FAMILY
Neignbomoob sarvices
— — Trail (Proposed)
Q
g� RMF-8
g� NeigM1bomootl Conservation
i Desl n Overlay District
9 y
DI,SRerslaen45al
--J
_ _
i------
RMF-18
�Nmmert aOl,NntlG
Fayetteville City Limits
Planning Area r - - - - -
_ _ _
. RMF-2a
RMF-00
INSTITUTIONAL
Planning Area
Fa etteville City Limits
Y y
_
INDUSTRIAL
1 Heavy Comm .1 ana Light lna
P1
t-1
annlnq Commission
RZN-2023-0005(COLQI 317 of 321
Page 11 of 13
RZN-2023-0005 514 S. WILLOW AVE
Close Up View
Subject Property
NIL'UTHE
z
0
0
z
RSF-8
W
Q
0
O
O
,A&
NORTHI
Neighborhood Link Zone Current Proposed
Urban Center
Unclassified NC 0.2 0.0
RW 0.0 0.2
Alley
Residential Link Feet
Hillside -Hilltop Overlay District
Planning Area 0 75 150 300 450 600
r _ �
_ Fayetteville City Limits :2,400 Total 0.2 ac
March 13, 2023
RZN-2023-0005(COLQI 318 of 321
Page 12 of 13
RZN-2023-0005 514 S. WILLOW AVE
Current Land Use
WWI �.
Z71
' *7q:4e' �.
d
M.. .
r ,
-- _ A
x
L�Bc
Neighborhood Link
Urban Center
Unclassified
Alley
Residential Link
— — - Trail (Proposed)
r Planning Area
Fayetteville City Limits
_ I Design Overlay District
Z
O
O
Z
Commercial
Feet
0 112.5 225 450 675 900
1:3,600
F�q
Single -Family Residential
FEMA Flood Hazard Data
100-Year Floodplain
Floodway
Manning Commission
March 13, 2023
RZN-2023-0005(C0LQI 319 of 321
Pace 13 of 13
41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Planning Commission
CC: Jessie Masters, Development Review Mana
FROM: Blake Pennington, Assistant City Attor f
DATE: March 14, 2023
RE: Spot Zoning
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
Spot zoning is an issue that arises in your discussions occasionally on rezoning
applications. I want to make sure the Planning Commission's understanding of spot
zoning aligns with how the Arkansas Supreme Court has defined it.
The Arkansas Supreme Court has recognized a city's "need to maintain
consistent zoning area, and not to set a precedent of spot zoning." Thomas Petroleum
v. West Helena, 310 Ark. 682, 839 S.W. 2d 523, 525 (1992). The Thomas Petroleum
case considered a request to rezone residential property to highway -commercial for
the purpose of constructing a convenience store and service station. Both the
chancery court and the Supreme Court affirmed the West Helena City Council's
denial of the rezoning because "the property was entirely surrounded by a residential
area, and ... the residents objected ...."
Spot zoning, by definition, is invalid because it amounts to an arbitrary,
capricious and unreasonable treatment of a limited area within a
particular district. As such, it departs from the comprehensive
treatment or privileges not in harmony with the other use
classifications in the area and without any apparent circumstances
which call for different treatment. Spot zoning almost invariably
involves a single parcel or at least a limited area.' R. Wright and S.
Webber, Land Use (1978). Riddell v. City of Brinkley, 612 S.W. 2d
116, 117(1981).
(S)pot zoning includes zoning one lot in a manner entirely different
from the surrounding area .... Smith v. City of Little Rock, 279 Ark. 4,
648 S.W. 2d 454, 457 (1983).
Page 320 of 321
Spot Zoning
Questions of compatibility and spot zoning are related but can be different.
As interpreted by the Arkansas Supreme Court, spot zoning relates to the
incompatibility of uses. The general issue of compatibility can take into account
more factors than just land use.
In way of example, say an applicant owns a parcel within a neighborhood that
is zoned RSF-4. The applicant seeks to rezone the parcel to RI- U. I do not believe
the courts would find this to be spot zoning because the uses in both RSF-4 and RI-
U are residential in nature. The Planning Commission could recommend approval
of the rezoning finding that the residential uses are compatible and that the rezoning
aligns with the City's goals of infzll, discouragement of suburban sprawl, and
providing a variety ❑f housing types. Conversely, the Planning Commission could
deny the rezoning finding that, even though the residential uses are compatible, that
is outweighed by the potential density, bulk and area regulations, and setbacks which
could be incompatible with the surrounding RSF-4. It is my opinion that the Planning
Commission could logically and legally arrive at either decision. If the City Council
were to grant or deny the application for the same reasons, I do not believe any court
would find that the decision was arbitrary or capricious.
In the rezoning forwarded by the Planning Commission with a
recommendation of approval last night, a rezoning from NC to RI-U would certainly
not be spot zoning.
Page 321 of 321