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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.