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Home My WebLink About051623 Final Agenda Results 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting May 16, 2023 A meeting of the Fayetteville City Council was held on May 16, 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. Roll Call. Pledge of Allegiance. Mayor’s Announcements, Proclamations and Recognitions: None. City Council Meeting Presentations, Reports, and Discussion Items: 1. Arkansas Special Olympics Award for FPD (2023-707) Agenda Additions: None. A. Consent: 1. Approval of the April 18, 2023 and May 2, 2023 City Council Meeting Minutes: (2023-722) APPROVED. 2. Elkins Sewer Easements: A Resolution to approve the Conveyance of Easements to the City of Elkins across portions of City of Fayetteville property located near Lake Sequoyah for the installation of sewer lines. (2023-712) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 112-23. 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 2 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 3. 11th Street Cottages, LLC: A Resolution to approve a Cost Share Agreement with 11th Street Cottages, LLC for the extension of an 8-inch water main near the corner of East 11th Street and South Washington Avenue with a refund in an estimated amount of $47,834.30 to be paid by the City of Fayetteville, and to approve a Project Contingency in the amount of $4,783.43. (2023-720) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 113-23. 4. Kent B. Detmer Condemnation: A Resolution to authorize the City Attorney to seek Condemnation and Possession of certain lands owned by Kent B. Detmer needed for the West Water Transmission Main Project. (2023-716) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 114-23 5. FHWAY, ARDOT and NARPC Grant Program: A Resolution to express the willingness of the City of Fayetteville to apply for 80/20 Federal-Aid Transportation Alternative Program, Carbon Reduction Program, Safe Streets for All, and Surface Transportation Block Grant Program – attributable funds in the total amount of $25,800,000.00. (2023-718) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 115-23. 6. Taxiway “E” Environmental Assessment: A Resolution to authorize the application for a Federal Aviation Administration Grant in the amount of $189,450.00 to fund 90% of the costs of an Environmental Assessment for the proposed Taxiway E Extension Project at Drake Field Airport. (2023-714) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 116-23. 7. Change Order #12 RFQ-18-11 – Arts Corridor: A Resolution to approve Change Order No. 12 to the Contract with Nabholz Construction Corporation in the amount of $2,378,349.40 for work related to the Cultural Arts Corridor, and to approve a Budget Adjustment – 2019 Cultural Arts Corridor Bond Project. (2023-725) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 117-23. 8. ARPA – Nonprofit Assistance Applications: A Resolution to approve Seventeen American Rescue Plan Act Nonprofit Assistance Applications in the total amount of $1,000.000.00 to provide economic assistance to Nonprofit Organizations utilizing American Rescue Plan Act Funds. (2023-724) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 118-23 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 9. ARPA – Arkansas United Community Coalition: A Resolution to authorize Mayor Jordan to sign a Subrecipient Agreement with Arkansas United Community Coalition to provide funding for Two Community Navigators to assist immigrants in Fayetteville with Healthcare needs utilizing American Rescue Plan Act Funds in the amount of $50,000.00, and to approve a Budget Adjustment. (2023-706) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 119-23. 10. 2023 DTF JAG Grant Award Addendum: A Resolution to authorize acceptance of the Edward Byrne Memorial Justice Assistance Grant Award Addendum for the 4th Judicial District Drug Task Force in the amount of $29,087.00, and to authorize Mayor Jordan to sign all necessary documents to receive the Grant funds. (2023-713) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 120-23. B. Unfinished Business: 1. Amend §51.136 Monthly Water Rates and §51.137 Monthly 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. Contact City Clerk’s Office for previous Item History (June 21, 2022 through March 7, 2023). At the April 18, 2023 City Council Meeting, this Ordinance was left on the Second Reading and tabled to the May 16, 2023 City Council Meeting. (2023-319) AT THE MAY 16, 2023 CITY COUNCIL MEETING, THIS ORDINANCE WAS LEFT ON THE SECOND READING AND TABLED TO THE JULY 18, 2023 CITY COUNCIL MEETING. 2. Amend §72 Parking Regulations: An Ordinance to amend §72 Parking Regulations of the Fayetteville City Code to authorize the Mayor to Establish and Administer Rules Regulating Parking Fees in established Parking Zones, and to make technical revisions. At the May 2, 2023 City Council Meeting, this Ordinance was left on the First Reading. (2023-674) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6661. C. New Business: 1. Dissolution of Energy Improvement District 1: An Ordinance to repeal Article XXVI Energy Improvement District No. 1 in Chapter 33 Departments, Boards, Commissions, and Authorities of the Fayetteville City Code, and to approve the dissolution of Energy Improvement District No. 1. (2023-688) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6662. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 2. Amendment: §92.04(C) Pet Store Operations: An Ordinance to amend §92.04(C) of the Fayetteville Code to conform this subsection with the just enacted Act 730 of the 94th General Assembly. (2023-740) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6663. 3. Amendment: §97.086 Vending and Peddling in Parks: An Ordinance to amend the Title of Chapter 97 Parks and Recreation to Parks, Natural Resources, and Cultural Affairs, and to amend §97.086 Vending and Peddling to authorize the Director of Parks, Natural Resources, and Cultural Affairs to appoint a Market Organizer to coordinate Vendors at the Gulley Park Concert Series through December 31, 2023. (2023-715) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6664. 4. Appeal: LSD-2023-0004: (South of N. Shiloh Dr/The Junction at Shiloh, 363): A Resolution to grant the appeal of City Council Member Teresa Turk and deny Large Scale Development application LSD-2023-004. (2023-708) AT THE MAY 16, 2023 CITY COUNCIL MEETING THIS AGENDA ITEM FAILED. 5. Rezone-2023-0010: (1746 N. Old Wire Road./Perry, 369): An Ordinance to rezone that property described in Rezoning Petition RZN-2023-010 located at 1746 North Old Wire Road in Ward 3 for approximately 1.06 acres from RSF-4, Residential Single-Family, Four units per acre to NC, Neighborhood Conservation. (2023-711) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6665. 6. Rezone-2023-0011: (239 & 245 N. Fletcher Ave/Hambrice, 485): An Ordinance to rezone that property described in Rezoning Petition RZN-2023-011 located at 239 and 245 North Fletcher Avenue in Ward 1 for approximately 0.20 acres from RMF-24 Residential Multi-Family, Twenty- Four units per acre to RI-U, Residential Intermediate-Urban. (2023-682) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6666. 7. Short Term Rental Business License Compliance: A Resolution to authorize and request that Mayor Jordan contract with a company to investigate and report back to the City information about Short-Term Rental Operations that do not have valid Business Licenses and to approve an appropriate Budget Adjustment to pay for the contract. (2023-739) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 121-23. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 8. Amend City Council Rules of Order & Procedure – Public Comment: A Resolution to amend Rule A.7. D. (2) Public Comments to reduce the allowed speaking time for the public from 5 minutes to 3 minutes and to remove any requirement for speakers having to sign up before the item is opened for Public Comment. (2023-751) AT THE MAY 16, 2023 CITY COUNCIL MEETING THIS AGENDA ITEM FAILED. D. City Council Agenda Session Presentations: 1. Citywide Heritage & Historic Preservation Plan – Britin Bostick: E. City Council Tour: Date: May 12,2023 Time: 4:30 PM Address: Unaddressed; South and West of 1936 N. Shiloh Drive. Parking: Parking is available off-street beyond the dead end of Shiloh Drive. Request: Appeal from the Planning Commission’s Approval of Large Scale Development Approval for the Junction at Shiloh. (2023-756) Announcements: Adjournment: 8:31 PM