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HomeMy WebLinkAbout090523 Final Agenda Results 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting September 5, 2023 A meeting of the Fayetteville City Council was held on September 5, 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. Monthly Financial Report – Chief Financial Officer Proposed Agenda Additions: 1. (Walk-On) Housing & Urban Development Pro Housing Grant: A Resolution to address with urgency the Affordable Housing Crisis and to request that Mayor Jordan apply for a Housing and Urban Development Pro Housing Grant of up to four million dollars to fund housing-supportive changes to Fayetteville’s Land-use and Zoning Ordinances. (2023-1085) AT THE SEPTEMBER 5, 2023 CITY COUNCIL MEETING, THIS MOTION TO ADD TO THE AGENDA FAILED. 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 Vacant 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 A. Consent: 1. Approval of the August 15, 2023 City Council Meeting Minutes. (2023-560) APPROVED. 2. Big Bear Shredding (Service Contract): A Resolution to authorize the destruction of certain records shown on the attached final document list pursuant to relevant sections of the Arkansas Cord related to maintenance and destruction of Accounting and other City Records. (2023-1013) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 181-23. 3. McClelland Consulting Engineers, INC (Contract Amendment #3): A Resolution to approve Amendment No. 3 to the contract with Mcclelland Consulting Engineers, Inc. in the amount of $59,609.00 to provide additional services associated with the West Center Street and North Harmon Avenue Intersection Project – 2019 Street Improvements Bond Project. (2023-955) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 182-23. 4. APAC – Central, INC. (Service Contract): A Resolution to award Bid#23-22 and authorize a contract with APAC – Central, Inc. in the amount of 1,809,765.00 for the construction of the 15th and Razorback Rd. Intersection Improvements Project, to approve a project contingency in the amount of $180,000.00, and to approve a Budget Adjustment – 2019 Street Improvement Bond Project. (2023-1014) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 183-23. 5. SPATCO Energy Solutions, LLC (Purchase Agreement): A Resolution to accept a quote in the amount of $35,340.90 plus applicable taxes from SPATCO Energy Solutions for upgraded fuel inventory and management software, to approve a project contingency in the amount of $3,534.09, and to approve a Budget Adjustment. (2023-949) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 184-23. 6. STANTEC Consulting Services, Inc. (Service Agreement): A Resolution to authorize a contract with STANTEC Consulting Services, Inc. Pursuant to RFP 23-07, in the amount of $24,671.00, to develop a historic context statement for the University Heights and Haskell Heights Neighborhoods. (2023-966) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 185-23. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 7. Recreational Trail Program (Grant Acceptance): A Resolution to express the willingness of the City of Fayetteville to accept and utilize Federal-Aid Recreational Trails Program Funds in the amount of $100,000.00 for the trails at Lake Fayetteville Regional Park, to approve a city match of $20,000.00 for the project, and to approve a Budget Adjustment. (2023-1012) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 186-23. 8. Titan Aviation Fuels (Service Contract): A Resolution to award RFP 23-06 and approve a One (1) Year Contract with automatic renewals for up to four additional One (1) Year terms with Titan Aviation Fuels for the provision of aviation fuel and refueler trucks for Drake Field. (2023-1019) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 187-23. 9. SPATCO Energy Solutions, LLC (Construction Contract): A Resolution to authorize a construction contract in the amount of $274,398.97 with SPATCO Energy Solutions, LLC for the Fuel Farm Rehabilitation Project at Drake Field, to approve a project contingency in the amount of $31,939.90, and to approve a Budget Adjustment. (2023-1018) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 188-23. 10. FYV Wildlife Rehabilitation (FAA Grant Acceptance, Construction Contract, Change Order 1): A Resolution to authorize the acceptance of a Federal Aviation Administration Grant in the amount of $475,738.00 to fund 90% of the cost of an environmental assessment for the Wildlife Fence Rehabilitation Project at Drake Field; to approve a construction contract in the amount of $475,956.00 with Milestone Construction Company, LLC; to approve a project contingency in the amount of $54,596.00; to approve a no cost change order with Milestone Construction Company, LLC; and to approve a Budget Adjustment. (2023-1015) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 189-23. 11. Arkansas Department of Transportation (Utility Relocation Agreement): A Resolution to approve a Utility Relocation Agreement with the Arkansas State Highway Commission for Utility Relocations related to the Highway 62 Interchange Improvements Project. (2023-1022) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 190-23. 12. Structural Preservation Systems, LLC (Change Order No. 3): A Resolution to approve Change Order No. 3 to the design-build contract with Structural Preservation Systems, LLC in an amount not to exceed $7,884,343.00 to rehabilitate the sewer pipeline and stabilize the tunnel under the Southbound Highway 112 Exit Ramp on I-49, and to approve a Budget Adjustment. (2023-1023) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 191-23. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 13. Firefighter Inspiration Readiness and Education, LLC (Purchase Agreement): A Resolution to waive competitive bidding and accept a quote for the purchase of a Fireground Command Training Course from Firefighter Inspiration Readiness and Education, LLC in the amount of $106,000.00. (2023-965) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 192-23. 14. Lion Manufacturing (Purchase Agreement): A Resolution to authorize the purchase of Bunker Gear coats and pants from Lion Manufacturing through NAFECO, Inc., pursuant to a Sourcewell Cooperative Purchasing Contract, in the amount of $49,811.14 plus applicable taxes and freight charges. (2023-967) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 193-23. 15. Motorola Solutions (Purchase Agreement): A Resolution to authorize the purchase of a DC (Direct Current) Revert System for the Fayetteville radio tower sites form Motorola Solutions in the amount of $108,915.00 plus any applicable taxes and freight charges, pursuant to a NASPO Value Point Cooperative Purchasing Agreement. (2023-1010) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 194-23. 16. 4th Judicial District Drug Task Force (Grant Acceptance): A Resolution to authorize acceptance of a 2023 Justice Assistance and State Drug Crime Enforcement and Prosecution Grant in the total amount of $226,235.00 with a local match in the amount of $46,066.00 which will be used to pay a portion of the salaries and benefits of 4th Judicial District Drug Task Officers with the Fayetteville, Springdale, and Prairie Grove Police Departments and the Washington County Sheriff’s Office. (2023-1007) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 196-23. 17. 2023 Project Safe Neighborhoods (Grant Acceptance): A Resolution to authorize acceptance of a Project Safe Neighborhood Grant Award in the amount of $18,114.00 for the Fayetteville Police Department, and to approve a Budget Adjustment. (2023-1017) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 195-23. B. Unfinished Business: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 1. Historic Black District Preservation (Land Purchase): A Resolution to authorize the Mayor of the City of Fayetteville to purchase real estate to be returned to the NWA Black Heritage Association for restoration, redevelopment, and advancement to the African American Community into the vibrant and thriving district is it meant to be. At the June 6, 2023 City Council Meeting, this item was tabled to the September 5, 2023 City Council Meeting. (2023-754) AT THE SEPTEMBER 5, 2023 CITY COUNCIL MEETING, THIS ITEM WAS TABLED TO THE OCTOBER 3, 2023 CITY COUNCIL MEETING. 2. Rezoning - 2023-0017: (N. Truckers Dr./The Lennon, 208): An Ordinance to rezone that property described in Rezoning Petition RZN-23-017 located near North Truckers Drive in Ward 2 for approximately 20.23 acres from RPZD, Residential Planned Zoning District to RMF-18, Residential Multi-Family, 18 units per acre. At the August 15, 2023 City Council Meeting, this item was left on the First Reading. (2023-952) AT THE SEPTEMBER 5, 2023 CITY COUNCIL MEETING, THIS ITEM WAS LEFT ON THE SECOND READING. C. New Business: 1. Kutak Rock, LLP (Contract Extension): A Resolution to approve a contract with Kutak Rock, LLP Pursuant to RFQ 18-14 for Bond Counsel Services as needed through December 31, 2024. (2023-1008) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 197-23. 2. Stephens, Inc. (Contract Extension): A Resolution to approve a contract with Stephens, Inc pursuant to RFQ 18-15 for Bond Underwriting and related services as needed through December 31, 2024. (2023-1009) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 198-23. 3. UDC Ordinance – Data Centers/Digital Asset Mining Facilities (Amendment): An Ordinance to amend §151.01 Definitions; §161.31 District I-2, General Industrial, and §162.01 Establishment/Listing; and to enact §164.27 Data Centers in the Unified Development Code to address external noise attenuation of Data Centers and to prevent noise disturbances in the City of Fayetteville, and to declare an emergency. (2023-957) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6678. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 4. Vacation – 2023-0003: (N. Shiloh Dr/Junction at Shiloh, 363): An Ordinance to approve VAC 23-0003 for property located near N. Shiloh Dr. in Ward 4 to vacate a portion of Utility Easement. (2023-1020) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6679. 5. Rezoning – 2023 – 0019: (1634 W. Martin Luther King JR Blvd./Green Meadow Capital, 521): An Ordinance to rezone that property described in Rezoning Petition RZN 23-019 located at 1634 West Martin Luther King JR Blvd in Ward 1 for approximately 0.88 acres from R-O, Residential-Office and C-2, Thoroughfare Commercial, to C-2 Thoroughfare Commercial. (2023-1016) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6680. 6. Laura Gray (Water Damage Claim): A Resolution Pursuant to §39.10 (C)(4) of the Fayetteville City Code to authorize the Mayor to pay the total amount of $50,000.00 to Laura Gray for a Water Damage Claim arising at 1284 East Shadow Ridge Dr, and to approve a Budget Adjustment. (2023-1021) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 199-23. 7. Appeal: Conditional Use Permit – 2023-0073: (10 S. Palmer Ave./ Beykirch, 521): A Resolution to grant the appeal of Council Members Scott Berna, Holly Hertzberg, and D’Andre Jones and approve conditional use Permit CUP 2023-073 for a short-term rental at 10 South Palmer Avenue. (2023-1006) AT THE SEPTEMBER 5, 2023 CITY COUNCIL MEETING, THIS ITEM FAILED. D. City Council Agenda Session Presentations: 1. Sales Tax Report – Paul Becker and Energy Report – Peter Nierengarten 2. Fayetteville Housing Report (1 of 3) – Britin Bostick E. City Council Tour: None. Announcements: Adjournment: 8:36 PM.