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Home My WebLink About120120 Final Agenda Results 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting December 1, 2020 A meeting of the Fayetteville City Council was held on December 1, 2020 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports, and Discussion Items: Agenda Additions: None A. Consent: 1. 2019-0991 Approval of the November 17, 2020 City Council Meeting Minutes. APPROVED Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 2. 2020-0691 GFAR Lessee LLC d/b/a Graduate Fayetteville: A resolution to approve an amendment to the lease agreement with GFAR Lessee LLC d/b/a Graduate Fayetteville by retroactively reducing the number of leased parking spaces in the Meadow Street Municipal Parking Deck for the period from April 1, 2020 to June 30, 2020, and to extend the Lease Agreement for one additional seven-year term through 2033. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 296-20 3. 2020-0942 Southwestern Electric Power Company: A resolution to approve a Memorandum of Agreement with Southwestern Electric Power Company to provide at its own costs all materials and labor needed to move the overhead electrical service to underground service along West Avenue to satisfy any and all the damages the city suffered to electrical equipment in City Hall and the Police Station from faulty transformer voltage surges. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 297-20 4. 2020-0996 I-49 and MLK Partnering with ARDOT: A resolution to express the intention of the City Council of the City of Fayetteville to work with the Arkansas Department of Transportation to complete improvements to the I-49 and Martin Luther King Jr. Boulevard Interchange. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 298-20 5. 2020-0992 McClelland Consulting Engineers, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the contract with McClelland Consulting Engineers, Inc. in the amount of $18,725.00 to provide additional design services associated with the West Center Street and North Harmon Avenue Intersection Project - 2019 Street Improvements Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 299-20 6. 2020-1005 Fayetteville Police Department Policies: A resolution to approve Fayetteville Police Department Policies 33.1 Training; 41.3.5 Grooming and Uniform Requirements; and 46.1.2 Critical Incidents. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 300-20 7. 2020-1006 Electric Motor Center: A resolution to accept a quote in the amount of $22,536.50 plus applicable taxes and freight charges from Electric Motor Center for the repair of an influent pump at the Noland Water Resource Recovery Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 301-20 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 8. 2020-1010 Bid #20-81 Paladino Painting Co., LLC: A resolution to award Bid #20-81 and authorize a contract with Paladino Painting Co., LLC in the amount of $107,575.00 for construction related to the removal and replacement of various secondary containment liner systems at the Noland Water Resource Recovery Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 302-20 9. 2020-1009 Dustin Davis and Ryan Youngblood Davis: A resolution to approve a Land Sale Agreement between the City of Fayetteville and Dustin and Ryan Youngblood Davis to acquire about 0.72 acres of land located near Fire Tower Road/County Road 4343 for the construction of a new Benson Mountain Water Supply Tank in exchange for a payment of $23,000.00 plus closing costs, the conveyance of a city-owned 0.06 acre parcel, and other consideration. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 303-20 10. 2020-0854 Bid #20-83 Crossland Heavy Contractors, Inc. – 2019 Transportation Bond Project: A resolution to award Bid #20-83 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $4,380,859.87 for the construction of the Sain Street Extension Project, to approve a project contingency in the amount of $438,086.00, and to approve a budget adjustment - 2019 Street Improvements Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 304-20 11. 2020-0949 Burns & McDonnell Engineering Company Inc. Supplement Agreement No. 2: A resolution to approve Supplemental Agreement No. 2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $294,086.00 for construction management services associated with the Sain Street Extension Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 305-20 B. Unfinished Business: 1. 2020-0943 RFQ-19-01 Olsson, Inc. Amendment #2: A resolution to approve Amendment No. 2 to the Professional Engineering Services Agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $154,900.00 for the remaining architectural services related to the replacement parking deck for the Cultural Arts Corridor Project, and to approve a budget adjustment – 2019 Cultural Arts Corridor Bond Project. At the 11/17/20 City Council meeting this item was tabled for two weeks. THIS RESOLUTION WAS TABLED TO THE DECEMBER 15, 2020 CITY COUNCIL MEETING. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov C. New Business: 1. 2020-1055 Bank of Fayetteville/Depot Lot Site: An ordinance to approve a contract with the Bank of Fayetteville, Greg House, Fayetteville Depot, LLC (and possibly Ted Belden) to purchase about one half acre in the Depot/Bank Lot for $350,000.00, to approve a lease-to-own arrangement with Greg House for the .2 acre lot on the north end of the Civic Plaza, to agree to convey to Greg House the ownership of about 14,000 square feet of the bottom floor of the city’s public parking deck and other items, and to pass an Emergency Clause. THIS ITEM WAS LEFT ON A FIRST READING 2. 2020-0923 Express Intent for Trail Economic Development: A resolution to express the intent of the City Council to study and develop ordinances to regulate and promote trail economic development in the City of Fayetteville. THIS RESOLUTION WAS TABLED TO THE JANUARY 5, 2021 CITY COUNCIL MEETING. 3. 2020-0901 Fayetteville Youth Center, Inc.: An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $225,000.00 to provide public recreation services for the youth and citizens of Fayetteville for 2021. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6381 4. 2020-0902 Area Agency on Aging of Northwest Arkansas: An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and the Area Agency on Aging of Northwest Arkansas in the amount of $109,080.00 to provide public recreation services for the senior citizens of Fayetteville for 2021. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6382 5. 2020-0991 2021 Seven Hills Homeless Center Funding: An ordinance to waive the requirements of formal competitive bidding and approve a contract with Seven Hills Homeless Center in the amount of $113,400.00 for services to homeless and needy residents in Fayetteville in 2021. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6383 6. 2020-0990 Mike Parker Cost Share Agreement: An ordinance to waive formal competitive bidding and approve a Cost Share Agreement with Mike Parker for construction of a sewer line along 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov a portion of North Shady Lane and a portion of property North of West Holly Street with a refund in an amount not to exceed $40,885.19 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and to approve a project contingency in the amount of $8,177.04 PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6384 7. 2020-0993 NWA LD, LLC Cost Share Agreement: An ordinance to waive formal competitive bidding and approve a Cost Share Agreement with NWA LD, LLC for the upsizing of a planned sewer creek crossing associated with Crystal Springs Subdivision Phase IV with a refund in an amount not to exceed $26,670.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and to approve a project contingency in the amount of $5,334.00. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6385 8. 2020-0994 23 W 5th Street QOZB LLC Cost Share Agreement: An ordinance to waive formal competitive bidding and approve a Cost Share Agreement with 23 W 5th Street QOZB LLC, for the extension of a sewer line near the corner of South Block Avenue and West 5th Street with a refund in an amount not to exceed $16,898.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and to approve a project contingency in the amount of $3,379.60. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6386 9. 2020-0984 Amend 50.40 Rates for Services: An ordinance to amend §50.40 Rates For Services of the Fayetteville City Code to change the commercial cart size from 95 gallon to 96 gallon and to enact a lease fee for those carts. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6387 10. 2020-0997 RZN-2020-016 (1011 S. Hollywood Ave./Watson): An ordinance to rezone that property described in rezoning petition RZN 20-016 located at 1011 South Hollywood Avenue for approximately 1.3 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6388 11. 2020-1002 RZN 2020-019 (907 S. Hollywood Ave./Watson): An ordinance to rezone that property described in rezoning petition RZN 20-019 located at 907 South Hollywood Avenue for 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov approximately 0.3 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6389 12. 2020-1003 RZN 2020-014(SE of I-49 & Wedington Dr./Marinoni Farm): An ordinance to rezone that property described in rezoning petition RZN 20-014 located Southeast of I-49 and Wedington Drive for approximately 112.85 acres from RSF-4, Residential Single Family, 4 units per acre; RMF-24, Residential Multi Family, 24 units per acre; R-O, Residential Office; and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare and CS, Community Services. THIS ITEM WAS LEFT ON A FIRST READING 13. 2020-1004 RZN-2020-018 (310 & 325 N. Fletcher Ave./McDonald): An ordinance to rezone that property described in rezoning petition RZN 20-018 located at 310 and 325 North Fletcher Avenue for approximately 0.92 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. THIS ITEM WAS LEFT ON A FIRST READING 14. 2020-1001 Amend §33.341 Purpose and §33.342 Powers and Duties: An ordinance to amend §33.341 Purpose and §33.342 Powers and Duties of Article XXII Arts Council of the Fayetteville Code. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6390 15. 2020-1036 Enact Article XXXI Community Development and Assistance Programs Advisory Board: An ordinance to enact Article XXXI Community Development and Assistance Programs Advisory Board in Chapter 33 Departments, Boards, Commissions and Authorities of the Fayetteville Code. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6391 16. 2020-1012 Short-Term Rental Regulations: An ordinance to amend §118.01 Applicability of Chapter 118 Business Registry and Licenses, Chapter 151 Definitions, Chapter 161 Zoning Regulations, §162.01 Establishment/Listing of Chapter 162 Use Units, and Chapter 163 Use Conditions of the Unified Development Code to classify the types of short-term rentals and create regulations to permit and inspect the rentals. THIS RESOLUTION WAS TABLED TO THE JANUARY 5, 2021 CITY COUNCIL MEETING 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 17. 2020-1054 Coronavirus Safety Protections and Improvements: An ordinance to clarify that Coronavirus Safety Protections and Improvements may be required before renewing a Certificate of Public Convenience and Necessity, and to approve an Emergency Clause. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6392 Announcements: City Council Agenda Session Presentations: Adjournment: 11:03 PM