HomeMy WebLinkAbout120622 Final Agenda Results113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City of Fayetteville Arkansas
City Council Meeting
December 06, 2022
A meeting of the Fayetteville City Council was held on December 06, 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: NONE
City Council Meeting Presentations, Reports, and Discussion Items:
Monthly Financial Report.
Agenda Additions: NONE.
A. Consent:
1. Approval of the November 15, 2022 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 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. 2022-1032
North America Fire Equipment Company, Inc.: A resolution to approve the purchase of
lifesaving bailout system firefighting equipment for the Fire Department from North America
Fire Equipment Company, Inc., pursuant to an NPPGOV Cooperative Purchasing Contract in the
amount of $82,915.58 plus any applicable tax and shipping charges.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 271-22.
3. 2022-1055
Interlocal Agreement For Continuation of Ambulance Services: A resolution to approve an
interlocal Agreement For Continuation of Ambulance Services through the Washington County
Regional Ambulance Authority, and to authorize the Ambulance Authority to operate Central
Emergency Medical Service as the exclusive emergency and non-emergency ambulance service
within the cities.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 272-22.
4. 2022-1035
Industrial Precast, Inc., Mission Boulevard Trail: A resolution to authorize the purchase of
retaining wall blocks from Industrial Precast, Inc., pursuant to Resolution No. 323-21, in the
amount of $88,217.05 for the Mission Boulevard Trail, and to approve a budget adjustment - Trail
Improvement Bond Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 273-22.
5. 2022-1034
Premier Lighting Group, Mission Boulevard Trail: A resolution to authorize the purchase of
90 light poles and fixtures from Premier Lighting Group, pursuant to Resolution No. 328-21, in
the amount of $318,549.38 for the Mission Boulevard Trail, and to approve a budget adjustment
- Trail Improvement Bond Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 274-22.
6. 2022-1004
Energy Savings Performance Contract with Johnson Controls, Inc. Change Order 1: A
resolution to approve Change Order No. 1 to the Energy Savings Performance Contract with
Johnson Controls, Inc. in the amount of $407,185.00 for the installation of solar panel on the
Town Center roof, and to approve a budget adjustment, contingent on approval of the repayment
contract with Advertising and Promotion Commission.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 275-22.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
7. 2022-1008
Fayetteville Advertising and Promotion Commission Solar Contract: A resolution to
authorize Mayor Jordan to sign a contract with the Fayetteville Advertising and Promotion
Commission for the repayment of solar array installation costs at the Fayetteville Town Center,
and to authorize a change order to the City’s Energy Savings Performance Contract with Johnson
Controls, Inc.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 276-22.
8. 2022-1053
Certified Local Government Grant Application, Arkansas Historic Preservation Program:
A resolution to authorize an application for a Certified Local Government Grant in the amount of
$20,370.00 through the Arkansas Historic Preservation Program for a Historic Context Statement
for the University Heights and Haskell Heights neighborhoods and Historic District Commission
training with a city match of $5,000.00, and to approve a budget adjustment contingent upon
approval of the grant.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 277-22.
9. 2022-1054
Increased Utility Costs: A resolution to approve a budget adjustment in the amount of
$180,000.00 for increased utility costs.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 278-22.
10. 2022-1059
South Cato Springs Holdings, LLC Economic Development Project Contract: A resolution
to authorize Mayor Jordan to sign an Economic Development Project Contract with South Cato
Springs Holdings, LLC; to accept and approve an economic impact analysis of the Project from
the Arkansas Economic Development Institute; to approve the use of $3,480,000.00 of Economic
Development and Street Funds for the Project; to authorize Mayor Jordan to sign a grant
agreement with the U.S. Department of Housing and Urban Development and accept a
$3,000,000.00 Community Project Fund Award; and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 279-22.
11. 2022-1058
CH2M Hill Engineers, Inc. Amendment No. 14: A resolution to approve Amendment No. 14
to the Agreement for Operations, Maintenance and Management Services between the City of
Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $8,012,791.00 for
services in 2023, and to approve a project contingency in the amount of $380,735.55.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 280-22.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
12. 2022-1068
Olsson, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the Professional
Engineering Services Agreement with Olsson, Inc. in the amount of $7,500.00 for additional
engineering services related to the Markham Elevated Water Storage Tank Rehabilitation Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 281-22.
13. 2022-1073
Franklin Evarts Water Damage Claim: A resolution pursuant to §39.10(C)(4) of the
Fayetteville City Code to authorize the Mayor to pay the amount of $5,682.50 to Franklin Evarts
for water main break damage at 11 West South Street.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 282-22.
14. 2022-1076
William Bradley Water Damage Claim: A resolution pursuant to §39.10(C)(4) of the
Fayetteville City Code to authorize the Mayor to pay the amount of $20,598.34 to A Clean Cut
Lawn Care on behalf of William Bradley for water main break damage at 1738 West Pratt Drive.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 283-22.
15. 2022-1080
City of Greenland Sewer Easement: A resolution to approve the conveyance of easements to
the City of Greenland across portions of City of Fayetteville property located west of Drake Field
for the installation of sewer lines.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 284-22.
16. 2022-1056
American Rescue Plan Act Revenue Loss: A resolution to approve reimbursement to the city’s
General Fund of the remaining calculated American Rescue Plan Grant to offset revenue loss
incurred in 2021 in the amount of $5,095,114.00, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 285-22.
17. 2022-1052
Garver, LLC Task Order No. 5 Wildlife Fence Rehabilitation Project: A resolution to
approve Task Order No. 5 with Garver, LLC in the amount of $54,000.00 for design, bidding and
construction phase services associated with the Wildlife Fence Rehabilitation Project at Drake
Field, to approve a project contingency in the amount of $5,400.00, and to approve a budget
adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 286-22.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
18. 2022-1063
Terra Firma Project, LLC: A resolution to approve a thirty (30) year ground lease agreement
with Terra Firma Project, LLC for airport property located on the east side of Drake Field off of
Taxiway E for the construction of a 100’ x 100’ hangar, with an option to extend the ground lease
for an additional ten (10) year term.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 287-22.
19. 2022-1098
City of Johnson Rezoning East of South Ball Street: A resolution to approve the City of
Johnson’s rezoning of that property described in rezoning petition #2022-21 for approximately
10 acres located east of South Ball Street from A, Agricultural to LI, Light Industrial.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 288-22.
20. 2022-1096
Amend the Rules of Order and Procedure: A resolution to amend the Rules of Order and
Procedure of the Fayetteville City Council concerning public comments.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 289-22.
B. Unfinished Business:
1. 2022-0517
An Ordinance to Amend §51.136 Monthly Water Rates and §51.137 Monthly Sewer Rates
to Change Water and Sewer Rates: An ordinance to amend §51.136 Monthly Water Rates
and §51.137 Monthly Sewer Rates to change water and sewer rates as recommended by the Cost
of Service Study conducted by Black & Veatch. At the June 21, 2022 City Council Meeting, this
ordinance was left on the first reading and tabled to the July 19, 2022 City Council Meeting. At
the July 19, 2022 City Council Meeting, this ordinance was left on the first reading and tabled to
the December 6, 2022 City Council Meeting.
THIS ORDINANCE WAS TABLED TO THE MARCH 7, 2023 CITY COUNCIL
MEETING.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
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. At the October 4, 2022 City Council Meeting, this ordinance was left on the first
reading. At the October 18, 2022 City Council Meeting, this ordinance was left on the second
reading. At the November 1, 2022 City Council Meeting, this ordinance was left on a third
reading, tabled to the December 6, 2022 City Council Meeting and sent to the Ordinance Review
Committee.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6625.
3. 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. At the October
4, 2022 City Council Meeting, this resolution was tabled to the November 15, 2022 City Council
Meeting. At the November 15, 2022 City Council Meeting, this resolution was tabled to the
December 6, 2022 City Council Meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 290-22.
C. Public Hearing:
1. 2022-1079
Raze and Removal of Structure at 3301 South Coach Road: A resolution to order the razing
and removal of a dilapidated and unsafe structure on property owned by Kevin Roy Calhoun
located at 3301 South Coach Road in the City of Fayetteville, Arkansas, and to approve a budget
adjustment in the amount of $17,500.00
THIS RESOLUTION WAS TABLED TO THE DECEMBER 20, 2022 CITY COUNCIL
MEETING.
D. New Business:
1. 2022-1041
Repeal Article IX – PEG Advisory Board of Chapter 33: An ordinance to repeal Article IX -
PEG Advisory Board of Chapter 33 Departments, Boards, Commissions, and Authorities of
the Fayetteville Code.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6626.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
2. 2022-1051
Amend §130.39 Graffiti: An ordinance to amend §130.39 Graffiti in the Fayetteville Code to
create a graffiti abatement program.
THIS ORDINANCE WAS TABLED TO THE JANUARY 3, 2022 CITY COUNCIL
MEETING.
3. 2022-1064
RZN 22-046 (822 N. Garland Ave): An ordinance to rezone that property described in rezoning
petition RZN 22-046 located at 822 North Garland Avenue in Ward 2 For approximately 0.10
acres from RMF-40, Residential Multi-Family, 40 units per acre to CS, Community Services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6627.
4. 2022-1048
VAC 22-023 (680 N. Samara Circle Rare Bird Builders): An ordinance to approve VAC 22-
023 for property located at 680 North Samara Circle in Ward 4 to vacate a portion of a utility
easement.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6628.
5. 2022-1078
RZN 22-048 (1657 N. Vandeventer Avenue, Osborne): An ordinance to rezone that property
described in rezoning petition RZN 22-048 located at 1657 North Vandeventer Avenue in Ward
2 for approximately 0.67 acres from RSF-4, Residential Single Family, 4 units per acre to RMF-
24, Residential Multi-Family, 24 units per acre.
THIS ORDINANCE WAS LEFT ON A FIRST READING.
6. 2022-1077
RZN 22-045 (West of N. Box Avenue): An ordinance to rezone that property described in
rezoning petition RZN 22-045 located west of North Box Avenue in Ward 3 for approximately
1.81 acres from RSF-4, Residential Single-Family, 4 Units per acre to RI-12, Residential
Intermediate, 12 units per acre.
THIS ORDINANCE WAS LEFT ON A FIRST READING.
7. 2022-1070
American Rescue Plan Act Childcare Assistance Program: A resolution to authorize the
establishment of a Childcare Assistance Program utilizing American Rescue Plan Act funds in
the amount of $500,000.00 to provide assistance with childcare expenses for low to moderate
income families facing financial challenges due to Covid-19, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 291-22.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
8. 2022-1071
Fayetteville Public Library Subrecipient Agreement: A resolution to authorize Mayor Jordan
to sign a Subrecipient Agreement with the Fayetteville Public Library to implement a job skill
workforce training program utilizing American Rescue Plan Act funds in the amount of
$1,258,579.00, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 292-22.
9. 2022-1072
American Rescue Plan Act Nonprofit Assistance Applications: A resolution to approve six
American Rescue Plan Act nonprofit assistance applications in the total amount of $324,890.75
to provide economic assistance to nonprofit organizations utilizing American Rescue Plan Act
funds.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 293-22.
10. 2022-1075
Mhoon Family Trust Condemnation: A resolution to authorize the City Attorney to seek
condemnation and possession of certain lands owned by the Mhoon Family Trust needed for the
West Transmission Water Main Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 294-22.
11. 2022-1060
White Rock Investments, LLC Condemnation: A resolution to authorize the City Attorney to
seek condemnation and possession of certain lands owned by White Rock Investments, LLC
needed for the Leverett Avenue Sidewalk Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 295-22.
Announcements: NONE
City Council Agenda Session Presentations:
Ozark Regional Transit Stop Improvement Plan Presentation by Olsson Engineering and Design
Firm.
City Council Tour: NONE
Adjournment: 9:44 P.M.