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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