HomeMy WebLinkAbout100422 Final Agenda Results113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City of Fayetteville Arkansas
City Council Meeting
October 4, 2022
A meeting of the Fayetteville City Council was held on October 4, 2022 at 5:30 p.m. in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Mayor Jordan called the meeting to order.
Pledge of Allegiance:
Mayor’s Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports, and Discussion Items:
Agenda Additions: NONE
Monthly Financial Report:
Agenda Additions:
A. Consent:
1. 2021-1059
Approval of the September 6, 2022 City Council Meeting Minutes.
Council Member Sloan Scroggin
Ward 3 Position 1
Council Member Sarah Bunch
Ward 3 Position 2
Council Member Teresa Turk
Ward 4 Position 1
Council Member Holly Hertzberg
Ward 4 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
Council Member Sonia Harvey
Ward 1 Position 1
Council Member D’Andre Jones
Ward 1 Position 2
Council Member Mark Kinion
Ward 2 Position 1
Council Member Mike Wiederkehr
Ward 2 Position 2
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
2. 2022-0851
Food Recycling Solutions, LLC: A resolution to approve an agreement with Food Recycling
Solutions, LLC for the hauling of organic compostables and recyclable material in the City of
Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 219-22.
3. 2022-0868
Hawkins-Weir Engineers, Inc. Amendment No. 1: A resolution to approve Amendment No. 1
to the Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. in an
amount not to exceed $32,240.00 for construction management services related to Recycling and
Trash Facility Improvements.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 220-22.
4. 2022-0853
J.A. Riggs Tractor Company D/B/A Riggs Power Systems, Station W1: A resolution to
authorize the purchase of a Caterpillar Generator from J.A. Riggs Tractor Company d/b/a Riggs
Power Systems in the amount of $74,265.00 plus any applicable tax and freight charges, pursuant
to a Sourcewell Cooperative purchasing contract, for use at the South Mountain Pump Station.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 221-22.
5. 2022-0854
J.A. Riggs Tractor Company DBA Riggs Power Systems, Station W18: A resolution to
authorize the purchase of a Caterpillar Generator from J.A. Riggs Tractor Company d/b/a Riggs
Power Systems in the amount of $55,990.00 plus any applicable tax and freight charges, pursuant
to a Sourcewell Cooperative purchasing contract, for use at the Gulley Road Water Pump Station.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 222-22.
6. 2022-0882
Alltel Corporation DBA Verizon Wireless Fifth Amendment: A resolution to approve the
Fifth Amendment to the Water Tower Attachment Communications Site Agreement with Alltel
Corporation d/b/a Verizon Wireless to allow Verizon to replace the cellular communications
equipment on the older of the two Gulley Road Elevated Water Storage Tanks.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 223-22.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
7. 2022-0858
Crafton, Tull & Associates, Inc.: A resolution to approve a professional engineering services
agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 22-01 Selection #12, in an
amount not to exceed $146,780.00 for design services associated with the Lake Fayetteville
Ballfield Renovation Project, to approve a project contingency in the amount of $7,340.00, and
to approve a budget adjustment - 2019 Park Improvement Bond Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 224-22.
8. 2022-0862
Recognize Interest Revenue for Sales & Use Tax Capital Improvement and Refunding
Bonds Series 2019: A resolution to approve a budget adjustment recognizing interest revenue
generated from the Sales & Use Tax Capital Improvement and Refunding Bonds Series 2019.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 225-22.
9. 2022-0872
Beaver Water District: A resolution to approve a budget adjustment in the amount of
$800,000.00 for the purchased water account due to increased water usage.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 226-22.
10. 2022-0864
Rightseat, LLC Agreement: A resolution to approve a thirty (30) year ground lease agreement
with Rightseat, LLC for airport property located north of the Drake Field Terminal Building at
4200 South School Avenue for the construction of a 80’ x 70’ hangar, with an option to extend
the ground lease for an additional ten (10) years.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 227-22.
11. 2022-0860
Purchase Additional Loads of Fuel: A resolution to approve a budget adjustment in the amount
of $579,000.00 for the purchase of additional loads of jet fuel and Avgas due to increasing fuel
sales and rising fuel costs.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 228-22.
12. 2022-0876
WT Equipment of Springdale: A resolution to approve the purchase of a Bobcat E42 Compact
Excavator with attachments and trailer from WT Equipment of Springdale in the amount of
$101,205.00, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell
Cooperative purchasing contract, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 229-22.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
13. 2022-0870
Bid #22-43 Legacy Construction Management, Inc.: A resolution to award Bid #22-43 and
authorize a contract with Legacy Construction Management, Inc. in the amount of $279,684.69
for improvements to the Recycling and Trash Collections Transfer Station Floor, and to approve
a project contingency in the amount of $50,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 230-22.
14. 2022-0874
Carbon Reduction Program Federal-Aid Funds: A resolution to express the willingness of the
City of Fayetteville to apply for and utilize Carbon Reduction Program Federal-aid Funds in an
amount of up to $500,000.00 for Street Lighting Improvement Projects.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 231-22.
15. 2022-0884
Railroad Crossing Upgrade Cost and Maintenance Agreement: A resolution to waive
competitive bidding and authorize a Railroad Crossing Upgrade Cost and Maintenance
Agreement with the Arkansas and Missouri Railroad in the amount of $839,774.60 for
modifications required for the Razorback Road and 15th Street Intersection Project, to approve a
project contingency in the amount of $80,000.00, and to approve a budget adjustment - 2019
Street Improvement Bond Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 232-22.
16. 2022-0865
U.S. Geological Survey Joint Funding Agreement: A resolution to approve a joint funding
agreement with the U.S. Geological Survey for stream gauge operation and maintenance and
water quality sampling and monitoring at various locations in the City of Fayetteville in 2022
with the amount paid by the city not to exceed $61,582.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 233-22.
17. 2022-0766
RFQ 22-01 Olsson, Inc.: A resolution to approve a professional engineering services agreement
with Olsson, Inc., pursuant to RFQ #22-01, in the amount of $89,900.00 to provide an assessment
of lands with high ecological value and to develop an Ecosystems Services Plan, and to approve
a project contingency of $8,990.00. At the September 6, 2022 City Council Meeting, this resolution
was pulled for further discussion and tabled to the October 4, 2022 City Council Meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 234-22.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
18. 2022-0920
Railroad Crossing Improvements Application Grant: A resolution to authorize an application
for A 80/20 matching grant in the amount of $312,000.00 for railroad crossing improvements
through the Railroad Crossing Elimination Program.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 235-22.
B. Unfinished Business:
1. 2022-0557
Raze And Removal of Structure At 2860 E. Wyman Rd.: A resolution to order the Razing and
Removal of a dilapidated and unsafe structure on property owned by Leroy H. Scharfenberg
located at 2860 East Wyman Road in the City of Fayetteville, Arkansas, and to approve a budget
adjustment in the amount of $17,800.00. At the July 5, 2022 City Council meeting, this resolution was
tabled to the August 2, 2022 City Council Meeting. At the August 2, 2022 City Council meeting, this
resolution was tabled to the October 4, 2022 City Council meeting.
THIS RESOLUTION WAS TABLED TO THE FEBURARY 7, 2023 CITY COUNCIL
MEETING.
2. 2022-0757
VAC 22-018 (W. Sligo St and S. Razorback Rd/Meadow Vale Development, LLC): An
ordinance to approve VAC 22-018 for property located at West Sligo Street and South Razorback
Road in Ward 1 to vacate a portion of street right-of-way. At the September 6, 2022 City Council
Meeting, this Ordinance was left on the first reading and tabled to the October 4, 2022 City Council
Meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6608
3. 2022-0814
Miller Boskus Lack Architects, P.A., D/B/A MBL Planning: A resolution to approve a
professional architectural services agreement with Miller Boskus Lack Architects, P.A., d/b/a
MBL planning pursuant to RFQ #21-09, in the amount of $212,257.00 for the development of a
pre-approved building design program, to approve a project contingency in the amount of
$10,613.00, and to approve a budget adjustment. At the September 20, 2022 City Council meeting,
this resolution was tabled to the October 4, 2022 City Council meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 236-22.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
4. 2022-0787
RZN 22-037: (SE of W. 18th St & W. Custer LN/Southern Living Construction LLC): An
ordinance to rezone that property described in rezoning petition RZN 22-037 located Southeast
of West 18th Street and West Custer Lane in Ward 1 for approximately 3.10 acres from RMF-
24, Residential Multi-Family, 24 units per acre and C-1, Neighborhood Commercial to RI-U,
Residential Intermediate-Urban. At the September 20, 2022 City Council meeting, this ordinance was
left on a first reading.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6609
C. New Business:
1. 2022-0932
Repeal Reduction Of Election Standard Allowance: A resolution to repeal Resolution 89-22
and to authorize the reduction of the election of the standard allowance of $10,000,000.00 in
revenue losses due to the public health emergency created by the Covid-19 pandemic from the
previously awarded American Rescue Plan Act Funds to the calculated loss of $6,914,393.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 237-22.
2. 2022-0878
Amend §118.01 Applicability, §151.01 Definitions And §163.18 Short-Term Rentals: An
ordinance to amend §118.01 Applicability of the Fayetteville City Code, and § 151.01
Definitions and §163.18 Short-Term Rentals of the Unified Development Code to remove the
Conditional Use Permit requirement for Type 2 Short-Term Rentals, and to repeal the sunset
provision.
THIS ORDINANCE WAS LEFT ON A FIRST READING.
3. 2022-0861
VAC 22-021 (927 E. Rockwood Trail/Thompson): An ordinance to approve VAC 22-021 for
property located at 927 East Rockwood Trail in Ward 1 to vacate a portion of a utility easement.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6610
4. 2022-0866
VAC 22-020 (1070 N. Marinoni Dr/Marinoni Inc.): An ordinance to approve VAC 22-020 for
property located at 1070 North Marinoni Drive in Ward 4 to vacate a portion of a utility easement.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6611
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
5. 2022-0869
RZN 22-041 (1453 South Root Ln./Holt): An ordinance to rezone that property described in
rezoning petition RZN 22-041 located at 1453 South Root Lane in Ward 1 for approximately 2.50
acres from R-A, Residential-Agricultural to RSF-1, Residential Single-Family, 1 unit per acre.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6612
6. 2022-0873
RZN 22-042 (N. Gregg Ave And N. Futrall Dr/Washington Regional Medical Center): An
ordinance to rezone that property described in rezoning petition RZN 22-042 located at the
Southwest Corner of North Gregg Avenue and North Futrall Drive in Ward 2 for approximately
4.05 acres from C-3, Central Commercial to UT, Urban Thoroughfare.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6613
7. 2022-0875
RZN 22-034 (113 E. Davidson St/Graves): An ordinance to rezone that property described in
rezoning petition RZN 22-034 located at 113 East Davidson Street in Ward 2 for approximately
0.14 acres from RSF-4, Residential Single-Family, 4 units per acre to NS-L, Neighborhood
Services – Limited.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6614
8. 2022-0876
RZN 22-040 (2255 E. Huntsville Rd/Broomfield): An ordinance to rezone that property
described in rezoning petition RZN 22-040 located at 2255 East Huntsville Road in Ward 1 for
approximately 1.16 acres from R-A, Residential Agricultural and RSF-4, Residential Single-
Family, 4 units per acre to NS-G, Neighborhood Services – General.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6615
9. 2022-0877
RZN 22-043 (560 W. Van Asche Dr./Tune & Tune): An ordinance to rezone that property
described in rezoning petition RZN 22-043 located at 560 West Van Asche Drive in Ward 2 for
approximately 13.56 acres from R-A, Residential-Agricultural to UT, Urban Thoroughfare.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6616
10. 2022-0879
VAC 22-010 (2015 S. Vale Avenue/ Titan Vale, LLC): An ordinance to approve VAC 22-010
for property located at 2015 South Vale Avenue in Ward 1 to vacate a portion of an alley right-
of-way.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6617
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
11. 2022-0880
Appeal Cup 22-039 (2992 N. Oak Bailey Dr./Oak Bailey Cluster Development): A resolution
to grant the appeal of Council Members Sarah Bunch, Teresa Turk, and Sloan Scroggin to deny
Conditional Use Permit Cup 2022-039 for a cluster housing development for property located at
2992 North Oak Bailey Drive in Ward 3, and to deny a variance to § 164.22(d) of the Unified
Development Code to exceed the maximum number of dwelling units permitted.
THIS RESOLUTION WAS TABLED TO THE NOVEMBER 15, 2022 CITY COUNCIL
MEETING.
Announcements:
12. City Council Agenda Session Presentations:
13. City Council Tour:
Date: October 3rd, 2022, Time: 4:00 PM, Address: 2992 N. Oak Bailey Dr., Parking:
Parking is available on-street on Oak Bailey and on the extended driveway apron in to the
property from Oak Bailey, Request: Appeal by Council Members Bunch, Scroggin, and
Turk on behalf of a resident from the Planning Commission’s Conditional Use Permit
approval for a 19-unit cluster housing development.
Adjournment: 11:41 PM