HomeMy WebLinkAbout010323 Final Agenda Results
CITY OF FAYETTEVILLE ARKANSAS
CITY COUNCIL MEETING
JANUARY 03, 2023
A MEETING OF THE FAYETTEVILLE CITY COUNCIL WAS HELD ON JANUARY 03, 2023
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.
OATHS OF OFFICE:
1. KIT WILLIAMS, CITY ATTORNEY
SONIA HARVEY, COUNCIL MEMBER WARD 1
SARAH MOORE, COUNCIL MEMBER WARD 2
SCOTT BERNA, COUNCIL MEMBER WARD 3
TERESA TURK, COUNCIL MEMBER WARD 4
PLEDGE OF ALLEGIANCE
MAYOR’S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS:
CITY COUNCIL MEETING PRESENTATIONS, REPORTS, AND DISCUSSION ITEMS:
NONE
AGENDA ADDITIONS: NONE
A. CONSENT:
1. APPROVAL OF DECEMBER 20, 2022 CITY COUNCIL MEETING MINUTES.
APPROVED
COUNCIL MEMBER SCOTT BERNA
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 SARAH MOORE
WARD 2 POSITION 1
COUNCIL MEMBER MIKE WIEDERKEHR
WARD 2 POSITION 2
2. RECOGNIZING REVENUE FROM THE COURT AUTOMATION FUND: A RESOLUTION TO
APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $20,000.00 RECOGNIZING
REVENUE FROM THE COURT AUTOMATION FUND, TO AUTHORIZE THE PURCHASE OF
TEN COURT VIDEO SECURITY CAMERAS, FOUR DESKTOP COMPUTERS AND ONE
PRINTER FOR THE COURT OPERATIONS IN THE AMOUNT OF $13,411.00, WITH THE
REMAINING FUNDS TO PURCHASE EQUIPMENT AS NEEDED.
(2022-229)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 1-23.
3. BID #22-55 KUSSER GRANITEWORKS USA, INC.: A RESOLUTION TO AWARD BID #22-55
AND APPROVE THE PURCHASE OF MATERIALS FOR THE CIVIC PLAZA WATER FEATURE
FROM KUSSER GRANITEWORKS USA, INC. D/B/A KUSSER FOUNTAINWORKS IN THE
AMOUNT OF $1,102,434.00 AND TO APPROVE A BUDGET ADJUSTMENT.
(2022-223)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 2-23.
4. CONSTRUCTION MATERIALS AND BAD DEBT EXPENSE ACCOUNTS: A RESOLUTION
TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $325,000.00 FOR THE
CONSTRUCTION MATERIALS AND BAD DEBT EXPENSE ACCOUNTS WITHIN THE WATER
AND SEWER FUND. (2022-239)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 3-23.
5. TOMLINSON ASPHALT CO.: A RESOLUTION TO AWARD BID #22-27 AND AUTHORIZE A
CONTRACT WITH TOMLINSON ASPHALT CO. IN THE AMOUNT OF $2,178,659.65 FOR
CONSTRUCTION OF THE INDUSTRIAL DRIVE EXTENSION PROJECT, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $218,000.00, AND TO APPROVE A BUDGET
ADJUSTMENT.
(2022-252)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 4-23.
6. MCCLELLAND CONSULTING ENGINEERS, INC.: A RESOLUTION TO APPROVE
AMENDMENT NO. 2 TO THE ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND
CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $132,690.00 FOR BIDDING SERVICES,
CONSTRUCTION PHASE SERVICES AND MATERIALS TESTING ASSOCIATED WITH THE
INDUSTRIAL DRIVE EXTENSION PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT.
(2022-253)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 5-23.
7. STRUCTURAL PRESERVATION SYSTEMS, LLC: A RESOLUTION TO WAIVE
COMPETITIVE BIDDING AND AUTHORIZE A DESIGN-BUILD CONTRACT WITH
STRUCTURAL PRESERVATION SYSTEMS, LLC. IN AN AMOUNT NOT TO EXCEED
$2,477,644.00 FOR ENGINEERING AND CONSTRUCTION SERVICES RELATED TO
EMERGENCY TRENCHLESS REPAIR OF A 48-INCH DIAMETER SANITARY SEWER UNDER
INTERSTATE 49, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$375,000.00. (2022-263)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 6-23.
8. RECYCLING GRANT PROGRAM APPLICATION: A RESOLUTION TO AUTHORIZE AN EPA
SOLID WASTE INFRASTRUCTURE FOR RECYCLING GRANT PROGRAM APPLICATION IN
THE TOTAL AMOUNT OF UP TO $4,000,000.00 FOR IMPROVEMENTS TO THE CITY’S
RECYCLING PROCESSING FACILITY. (2022-264)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 7-23.
9. KRAPFF REYNOLDS CONSTRUCTION CO.: A RESOLUTION TO APPROVE A ONE YEAR
EXTENSION TO THE CONTRACT WITH KRAPFF REYNOLDS CONSTRUCTION COMPANY
IN THE AMOUNT OF $590,789.00 FOR REHABILITATION OF SANITARY SEWER MANHOLES
THROUGHOUT FAYETTEVILLE. (2022-265)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 8-23.
10. OZARK REGIONAL TRANSIT, INC.: A RESOLUTION TO WAIVE COMPETITIVE BIDDING
AND AUTHORIZE A ONE YEAR CONTRACT BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND OZARK REGIONAL TRANSIT, INC. IN THE AMOUNT OF $698,830.00 TO
PROVIDE PUBLIC TRANSIT SERVICES FOR FAYETTEVILLE RESIDENTS, WITH
AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS. (2022-267)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 9-23.
11. SEVEN HILLS HOMELESS CENTER: A RESOLUTION TO APPROVE A CONTRACT WITH
SEVEN HILLS HOMELESS CENTER TO PROVIDE FUNDING ASSISTANCE IN THE AMOUNT
OF $40,000.00 FOR MAINTENANCE AND REPAIRS AT THE WALKER FAMILY RESIDENTIAL
COMMUNITY COMPLEX IN 2023. (2022-270)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 10-23.
12. E.W.I. INC.: A RESOLUTION TO AWARD BID #22-54 AND AUTHORIZE A CONTRACT WITH
E.W.I. INC. IN THE AMOUNT OF $1,536,980.00 FOR CONSTRUCTION OF THE WILSON PARK
PAVILION RESTROOM FACILITIES, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $139,725.00, AND TO APPROVE A BUDGET ADJUSTMENT. (2022-230)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 11-23.
13. SEVEN HILLS HOMELESS CENTER: A RESOLUTION TO WAIVE THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVE A CONTRACT WITH SEVEN HILLS
HOMELESS CENTER IN THE AMOUNT OF $113,400.00 FOR SERVICES TO HOMELESS AND
NEEDY RESIDENTS IN FAYETTEVILLE IN 2023. (2022-250)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 12-23.
14. LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF
ARKANSAS: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF
TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA
IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG
LEARNING INSTITUTE TO CONDUCT CLASSES FROM JANUARY 1, 2023 THROUGH
DECEMBER 31, 2023, IN THE AMOUNT OF $45.00 FOR EACH DAY THE SPACE IS USED.
(2022-256)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 13-23.
B. UNFINISHED BUSINESS:
1. AMEND 130.39 GRAFFITI: AN ORDINANCE TO AMEND §130.39 GRAFFITI IN THE
FAYETTEVILLE CODE TO CREATE A GRAFFITI ABATEMENT PROGRAM. (2022-279) AT THE
DECEMBER 6, 2022 CITY COUNCIL MEETING, THIS ORDINANCE WAS AMENDED TO ADD EXHIBIT A AND
OMIT LEASEHOLD TENANT. THIS ORDINANCE WAS LEFT ON THE SECOND READING AND TABLED TO THE
JANUARY 3, 2023 CITY COUNCIL MEETING.
THIS AGENDA ITEM WAS TABLED TO THE FEBUARY 7, 2023 CITY COUNCIL
MEETING.
C. NEW BUSINESS:
1. ADOPT THE RULES OF ORDER AND PROCEDURE: A RESOLUTION TO ADOPT THE
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL FOR 2023.
(2022-271)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 14-23.
2. AMEND 51.136 MONTHLY WATER RATES & 51.137 MONTHLY SEWER RATES: AN
ORDINANCE TO AMEND § 51.136(A)(2), § 51.136(B)(2), § 51.136(C)(2), § 51.137(A)(2), §
51.137(B)(2), AND § 51.137(E)(3) OF THE FAYETTEVILLE CITY CODE TO DEFER WATER
AND SEWER RATE INCREASES FOR 2023 UNTIL AFTER THE ADOPTION OF A NEW RATE
STUDY, AND TO DECLARE AN EMERGENCY. (2022-266)
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6633.
3. REPEAL ORDINANCE NO. 3696: AN ORDINANCE TO REPEAL ORDINANCE NO. 3696 AND
TO AUTHORIZE THE CITY TO WAIVE ANY REQUIREMENT FOR COMPETITIVE BIDDING
OR MORE THAN ONE QUOTE TO PURCHASE PLUMBING PIPES, FITTINGS, WATER
METERS, FIRE HYDRANTS, MANHOLES AND THEIR COVERS, COATINGS, AND
HARDWARE NEEDED BY THE WATER AND SEWER DEPARTMENT THROUGH 2026.
(2022-269)
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6634.
4. SUBRECIPIENT AGREEMENT WITH WELCOMEHEALTH: A RESOLUTION TO
AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH
WELCOMEHEALTH TO PROVIDE NO-COST MEDICAL AND DENTAL CARE TO LOW
INCOME FAYETTEVILLE RESIDENTS UTILIZING AMERICAN RESCUE PLAN ACT FUNDS
IN THE AMOUNT OF $75,000.00, AND TO APPROVE A BUDGET ADJUSTMENT. (2022-240)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 15-23.
5. MAGDALENE SERENITY HOUSE, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN
TO SIGN A SUBRECIPIENT AGREEMENT WITH MAGDALENE SERENITY HOUSE, INC. TO
PROVIDE SUPPORTIVE RECOVERY HOUSING FOR FORMERLY INCARCERATED WOMEN
UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $128,789.00, AND
TO APPROVE A BUDGET ADJUSTMENT. (2022-242)
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 16-23.
6. AMERICAN RESCUE PLAN ACT FUNDS FOR ARTS AND CULTURE: A RESOLUTION TO
ALLOCATE THREE MILLION DOLLARS IN AMERICAN RESCUE PLAN ACT FUNDS FOR
ARTS AND CULTURE NONPROFIT ORGANIZATIONS OPERATING IN FAYETTEVILLE AND
TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $3,000,000.00. (2022-286)
THIS AGENDA ITEM WAS TABLED INDEFINITELY.
7. AMERICAN RESCUE PLAN ACT REIMBURSEMENT OF LOSS REVENUE: A RESOLUTION
TO ALLOW NONPROFIT ORGANIZATIONS OPERATING IN FAYETTEVILLE TO SUBMIT AN
APPLICATION FOR REIMBURSEMENT OF LOSS REVENUE FROM AMERICAN RESCUE
PLAN ACT FUNDS FROM MARCH 15, 2020 TO MARCH 2, 2021, AND TO APPROVE A
BUDGET AMENDMENT OF ONE MILLION DOLLARS FOR THESE QUALIFIED
APPLICATIONS. (2022-290)
THIS AGENDA ITEM WAS TABLED INDEFINITELY.
8. VAC (MITCHELL ST.): A RESOLUTION TO APPROVE THE VACATION OF A 16,552.8
SQUARE FOOT PORTION OF A TREE PRESERVATION EASEMENT LOCATED ALONG WEST
MITCHELL STREET CONTINGENT ON THE DEDICATION OF TWO REPLACEMENT TREE
PRESERVATION EASEMENTS TOTALING APPROXIMATELY 37,519 SQUARE FEET.
(2022-251)
THIS AGENDA ITEM FAILED.
9. AMEND §157.05 CONDITIONAL USE PERMIT: AN ORDINANCE TO AMEND SUBSECTION
(B) OF §157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC
HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION
WHEN THE DENIAL OF A CONDITIONAL USE PERMIT BY THE PLANNING COMMISSION IS
APPEALED TO THE CITY COUNCIL. (2022-255)
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6635.
10. RZN 22-051 (1030 S. HOLLYWOOD AVE.): AN ORDINANCE TO REZONE THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 22-051 LOCATED AT 1030 SOUTH HOLLYWOOD
AVENUE IN WARD 1 FOR APPROXIMATELY 0.61 ACRES FROM RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE AND P-1, INSTITUTIONAL TO CS, COMMUNITY
SERVICES. (2022-261)
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6636.
11. VAC 22-026 (4267 WEST LIERLY LANE): AN ORDINANCE TO APPROVE VAC 22-026 FOR
PROPERTY LOCATED AT 4267 WEST LIERLY LANE IN WARD 4 TO VACATE A PORTION OF
A GENERAL UTILITY EASEMENT. (2022-241)
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6637.
12. VAC 22-025 (EAST OF NORTH STORER AVE.): AN ORDINANCE TO APPROVE VAC 22-025
FOR PROPERTY LOCATED EAST OF NORTH STORER AVENUE IN WARD 2 TO VACATE A
PORTION OF A UTILITY EASEMENT. (2022-257)
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6638.
13. VAC 22-027 (103 N. PLAINVIEW): AN ORDINANCE TO APPROVE VAC 22-027 FOR
PROPERTY LOCATED AT 103 NORTH PLAINVIEW AVENUE IN WARD 3 TO VACATE A
PORTION OF A WATER AND SEWER EASEMENT. (2022-258)
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6639.
14. VAC 22-024 (RAZORBACK RD. MAPLE ST., ETC.): AN ORDINANCE TO APPROVE VAC 22-
024 FOR PROPERTY LOCATED ALONG RAZORBACK ROAD, MAPLE STREET, GARLAND
AVENUE, CLEVELAND STREET, HILL AVENUE, MARTIN LUTHER KING JUNIOR
BOULEVARD AND LT. COLONEL LEROY POND AVENUE IN WARDS 1 AND 2 TO VACATE
PORTIONS OF STREET RIGHTS-OF-WAY. (2022-262)
THIS AGENDA ITEM WAS LEFT ON A FIRST READING.
ANNOUNCEMENTS: NONE
CITY COUNCIL AGENDA SESSION PRESENTATIONS:
CITY COUNCIL TOUR: NONE
ADJOURNMENT: 10:17 PM