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.