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Home My WebLink About021821 Final Agenda Results 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting February 18, 2021 A meeting of the Fayetteville City Council was held on February 18, 2021 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 1. 2021-0140 Support Hate Crimes Enactment: A resolution to support the enactment of sentence enhancement for hate crimes as set out in Senate Bill 3 and House Bill 1020 to better protect a victim who was purposely selected for criminal harm because of race, religion, sex, sexual orientation, gender identity, disability, or other personal attribute. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 55-21 A. Consent: 1. Approval of the January 19, 2021 City Council Meeting Minutes. APPROVED Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton Council Member Sonia Gutierrez Ward 1 Position 1 Council Member D’Andre Jones 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. 2021-0019 MSI Consulting Group, LLC: A resolution to authorize the purchase of annual software maintenance from MSI Consulting Group, LLC for Virtual Justice software used by the District Court, Police Department, and City Prosecutor Division in the amount of $21,600.00 plus applicable taxes, for an initial term of 1 year with the option to renew for four additional one year terms, and to approve a 10% annual project contingency in the event additional licenses are needed. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 56-21 3. 2021-0027 ESRI, Inc.: A resolution to authorize Mayor Jordan to sign a three-year enterprise license agreement with ESRI, Inc. in the amount of $55,000.00 per year for the continued use of Geographic Information System software, and to approve a project contingency in the amount of $5,500.00 per year. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 57-21 4. 2021-0028 CivicPlus, LLC: A resolution to approve a one-year Master Services Agreement with CivicPlus, LLC for website content management system services in the amount of $23,268.54 for the first year and automatic renewals for four additional one year terms with an annual price increase of five percent (5%), and to approve a project contingency of $5,000.00 each year the contract is in effect. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 58-21 5. 2021-0051 Surdex Corporation: A resolution to approve a contract with Surdex Corporation in the amount of $28,000.00, pursuant to a federal GSA Advantage cooperative purchasing contract, for aerial photography services. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 59-21 6. 2021-0066 Court Automation Fund Upgrades: A resolution to approve a budget adjustment in the amount of $20,000.00 recognizing revenue from the court automation fund for upgrades to the servers, software, computers, and related technology equipment used by the Fayetteville District Court. THIS RESOLUTION WAS PULLED FROM THE CONSENT AGENDA FOR DISCUSSION. 7. 2021-0060 RFQ 20-01 Crafton, Tull & Associates, Inc. - 2019 Drainage Bonds Project: A resolution to approve a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 20-01, in the total amount of $72,390.00 for engineering design services 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov associated with the flooding within the Stonebridge Meadows Subdivision, and to approve a budget adjustment – 2019 Drainage Bonds Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 60-21 8. 2021-0076 Ozarks Electric Cooperative Corporation: A resolution to approve the conveyance of a General Underground Utility Easement to Ozarks Electric Cooperative Corporation across a portion of Kessler Mountain Regional Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 61-21 9. 2021-0092 Park Land License Agreement for Underwood Park: A resolution to approve the attached Park Land License Agreement with KTB Limited Partnership for approximately 17.26 acres adjoining Underwood Park west of Dean Solomon Road to be used by the public for recreational purposes. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 62-21 10. 2021-0068 Clabber Creek Phase III Donation: A resolution to approve a budget adjustment in the amount of $13,000.00 recognizing and allocating revenue from the Clabber Creek Phase III Property Owners Association for the material costs of a trail connecting Firefly Catch Drive to the Clabber Creek Trail. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 63-21 11. 2020-1000 RFQ 20-06 Johnson Controls Inc.: A resolution to authorize Mayor Jordan to sign a Project Development Agreement with Johnson Controls Inc., pursuant to RFQ 20-06, in the amount of $70,450.00 to conduct an energy audit and identify potential energy and cost saving measures for city facilities. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 64-21 6. 2021-0066 Court Automation Fund Upgrades: A resolution to approve a budget adjustment in the amount of $20,000.00 recognizing revenue from the court automation fund for upgrades to the servers, software, computers, and related technology equipment used by the Fayetteville District Court. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 65-21 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov B. Unfinished Business: 1. 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. At the December 1, 2020 City Council meeting this item was tabled until the January 5, 2021 City Council meeting. At the January 5, 2021 City Council meeting this item was left on the second reading and tabled until the February 16, 2021 City Council meeting. THIS ORDINANCE WAS SENT BACK TO THE ORDINANCE REVIEW COMMITTEE AND TABLED TO THE MARCH 16, 2021 CITY COUNCIL MEETING. 2. 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. At the December 1, 2020 City Council meeting this item was left on the First Reading. At the December 15, 2020 City Council meeting this item was left on the second reading. At the January 5, 2021 City Council meeting this item was left on the second reading and tabled until the February 16, 2021 City Council meeting. THIS ORDINANCE WAS TABLED TO THE MARCH 2, 2021 CITY COUNCIL MEETING 3. 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 November 17, 2020 City Council meeting this item was tabled for two weeks. At the December 1, 2020 City Council meeting this item was tabled until the December 15, 2020 City Council meeting. At the December 15, 2020 City Council meeting this item was tabled until the January 5, 2021 City Council meeting. At the January 5, 2021 City Council meeting this item was tabled until the February 16, 2021 City Council meeting. THIS RESOLUTION WAS TABLED TO THE MARCH 2, 2021 CITY COUNCIL MEETING 4. 2020-1136 ANX 2020-0001(3435 E. Zion Rd./Burge): An ordinance to approve the annexation petition of Patricia Lynne Severino, as Trustee of the Robert Eugene Burge Irrevocable Trust, and annex 59.00 acres of land located at 3435 East Zion Road. At the January 7, 2021 City Council meeting 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov this item was left on the first reading. At the January 19, 2021 City Council meeting this item was left on the Second Reading. At the February 2, 2021 City Council meeting this item was left on the Second Reading and Tabled for two weeks. THIS ORDINANCE WAS TABLED TO THE MARCH 2, 2021 CITY COUNCIL MEETING 5. 2020-1140 PZD-2020-002 (3435 E. Zion Rd./Chandler Crossing SD): An ordinance to approve a Residential Planned Zoning District entitled R-PZD 2020-0002 for approximately 81.89 acres located at 3435 East Zion Road. At the January 7, 2021 City Council meeting this item was left on the first reading. At the January 19, 2021 City Council meeting this item was amended and left on the First Reading. At the February 2, 2021 City Council meeting this item was left on the First Reading and Tabled for two weeks. THIS ORDINANCE WAS TABLED TO THE MARCH 2, 2021 CITY COUNCIL MEETING 6. 2021-0038 RZN 2020-025 (318 S. Combs Ave./Lamb Development): An ordinance to rezone that property described in rezoning petition RZN 20-025 located at 318 South Combs Avenue for approximately 0.20 acres from NC, Neighborhood Conservation to DG, Downtown General. At the February 2, 2021 this item was left on the First Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6413 7. 2021-0064 Amend §161.22 Community Services: An ordinance to amend §161.22 Community Services to move Use Unit 8, Single-family dwellings and Use Unit 9, Two-family dwellings from Permitted Uses to Conditional Uses. At the February 2, 2021 City Council meeting this item was left on the First Reading. THIS ITEM WAS LEFT ON A SECOND READING 8. 2021-0065 Amend §161.24 Urban Thoroughfare: An ordinance to amend §161.24 Urban Thoroughfare to move Use Unit 8, Single-family dwellings and Use Unit 9, Two-family dwellings from Permitted Uses to Conditional Uses. At the February 2, 2021 City Council meeting this item was left on the First Reading. THIS ORDINANCE FAILED 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov C. New Business: 1. 2020-1160 Aptitude Arkansas, LLC: An ordinance to waive formal competitive bidding and approve a cost share agreement with Aptitude Arkansas, LLC for the installation of a pedestrian hybrid beacon for the Tsa La Gi Trail crossing on Razorback Road with a refund in an amount not to exceed $98,129.00 to be paid by the City of Fayetteville, to approve a project contingency in the amount of $9,813.00, and to approve a budget adjustment - 2019 Trail Improvements Bond Project. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6414 2. 2021-0072 Bid #20-86 Crossland Heavy Contractors, Inc. - 2019 Park Improvement Bond Project: A resolution to award Bid #20-86 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $6,387,494.47 for the construction of Phase Two of Kessler Mountain Regional Park including a four-field baseball complex, to approve a project contingency in the amount of $487,505.53, and to approve a budget adjustment - 2019 Park Improvement Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 66-21 3. 2021-0079 Prairie Street Live Appeal: A resolution to grant the appeal of Council Members Sarah Bunch, Teresa Turk, and Mark Kinion and deny an extension to Prairie Street Live’s Conditional Use Permit, CUP 2019-6721 for outdoor music at 509 West Prairie Street. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 67-21 4. 2021-0070 RZN-2020-027 (1673 & 1675 N. Florene St./Hermez-Hernandez): An ordinance to rezone that property described in rezoning petition RZN 20-027 located at 1673 and 1675 North Florene Street for approximately 0.30 acres from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 units per acre. THIS ITEM WAS LEFT ON A FIRST READING 5. 2021-0077 Amend §97.068 Camping Prohibited: An ordinance to amend §97.068 Camping Prohibited in Chapter 97: Parks and Recreation of the Fayetteville Code to allow camping in the Fayetteville parks system in designated areas during special events, races, and tournaments with an approved camping permit. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6415 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 6. 2020-0074 Amend §157.03 Annexation and Zoning Map Amendments: An ordinance to amend §157.03 Annexation and Zoning Map Amendments in Chapter 157 Notification and Public Hearings to clarify that hearings before the Planning Commission are only required for private party petitions for annexations and amendments to the zoning map. THIS ITEM WAS LEFT ON A FIRST READING Announcements: City Council Agenda Session Presentations: Adjournment: 12:46 AM