HomeMy WebLinkAbout2020-12-01 - Agendas - FinalCity of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
City Council Final Agenda
Tuesday, December 1, 2020
5:30 PM
City Hall Room 219
City Council Members
Council Member Sonia Gutierrez Ward I
Council Member Sarah Marsh Ward 1
Council Member Mark Kinion Ward 2
Council Member Matthew Petty Ward 2
Council Member Sloan Scroggin Ward 3
Council Member Sarah Bunch Ward 3
Council Member Teresa Turk Ward 4
Council Member Kyle Smith Ward 4
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Kara Paxton
City Council Meeting Final Agenda December 1, 2020
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items
1 2019-0967
MONTHLY FINANCIAL REPORT
Agenda Additions
A. Consent
A.1 2019-0991
APPROVAL OF THE NOVEMBER 17, 2020 CITY COUNCIL MEETING MINUTES
A.2 2020-0691
GFAR LESSEE LLC DB/A GRADUATE FAYETTEVILLE:
A RESOLUTION TO APPROVE AN AMENDMENT TO THE LEASE AGREEMENT WITH
GFAR LESSEE LLC DB/A GRADUATE FAYETTEVILLE BY RETROACTIVELY
REDUCING THE NUMBER OF LEASED PARKING SPACES IN THE MEADOW STREET
MUNICIPAL PARKING DECK FOR THE PERIOD FROM APRIL 1, 2020 TO JUNE 30,
2020, AND TO EXTEND THE LEASE AGREEMENT FOR ONE ADDITIONAL SEVEN
YEAR TERM THROUGH 2O33
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A.3
AA
A.5
A.6
2020-0942
SOUTHWESTERN ELECTRIC POWER COMPANY:
A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH
SOUTHWESTERN ELECTRIC POWER COMPANY TO PROVIDE AT ITS OWN COSTS
ALL MATERIALS AND LABOR NEEDED TO MOVE THE OVERHEAD ELECTRICAL
SERVICE TO UNDERGROUND SERVICE ALONG WEST AVENUE TO SATISFY ANY
AND ALL THE DAMAGES THE CITY SUFFERED TO ELECTRICAL EQUIPMENT IN
CITY HALL AND THE POLICE STATION FROM FAULTY TRANSFORMER VOLTAGE
SURGES
2020-0996
I-49 AND MLK PARTNERING WITH ARDOT:
A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE TO WORK WITH THE ARKANSAS DEPARTMENT OF
TRANSPORTATION TO COMPLETE IMPROVEMENTS TO THE I-49 AND MARTIN
LUTHER KING JR. BOULEVARD INTERCHANGE
2020-0992
MCCLELLAND CONSULTING ENGINEERS, INC AMENDMENT NO. 1:
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH
MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $18,725.00 TO
PROVIDE ADDITIONAL DESIGN SERVICES ASSOCIATED WITH THE WEST CENTER
STREET AND NORTH HARMON AVENUE INTERSECTION PROJECT - 2019 STREET
IMPROVEMENTS BOND PROJECT
2020-1005
FAYETTEVILLE POLICE DEPARTMENT POLICIES:
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 33.1
TRAINING; 41.3.5 GROOMING AND UNIFORM REQUIREMENTS; AND 46.1.2
CRITICAL INCIDENTS
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A.7
A.8
A.9
2020-1006
ELECTRIC MOTOR CENTER:
A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $22,536.50 PLUS
APPLICABLE TAXES AND FREIGHT CHARGES FROM ELECTRIC MOTOR CENTER
FOR THE REPAIR OF AN INFLUENT PUMP AT THE NOLAND WATER RESOURCE
RECOVERY FACILITY
2020-1010
BID #20-81 PALADINO PAINTING CO., LLC:
A RESOLUTION TO AWARD BID #20-81 AND AUTHORIZE A CONTRACT WITH
PALADINO PAINTING CO., LLC IN THE AMOUNT OF $107,575.00 FOR
CONSTRUCTION RELATED TO THE REMOVAL AND REPLACEMENT OF VARIOUS
SECONDARY CONTAINMENT LINER SYSTEMS AT THE NOLAND WATER
RESOURCE RECOVERY FACILITY
2020-1009
DUSTIN DAVIS AND RYAN YOUNGBLOOD DAVIS:
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT BETWEEN THE CITY OF
FAYETTEVILLE AND DUSTIN AND RYAN YOUNGBLOOD DAVIS TO ACQUIRE
ABOUT 0.72 ACRES OF LAND LOCATED NEAR FIRE TOWER ROAD/COUNTY ROAD
4343 FOR THE CONSTRUCTION OF A NEW BENSON MOUNTAIN WATER SUPPLY
TANK IN EXCHANGE FOR A PAYMENT OF $23,000.00 PLUS CLOSING COSTS, THE
CONVEYANCE OF A CITY -OWNED 0.06 ACRE PARCEL, AND OTHER
CONSIDERATION
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A.10 2020-0854
BID #20-83 CROSSLAND HEAVY CONTRACTORS, INC. - 2019
TRANSPORTATION BOND PROJECT:
A RESOLUTION TO AWARD BID #20-83 AND AUTHORIZE A CONTRACT WITH
CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $4,380,859.87 FOR
THE CONSTRUCTION OF THE SAIN STREET EXTENSION PROJECT, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $438,086.00, AND TO APPROVE A
BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENTS BOND PROJECT
A.11 2020-0949
BURNS & MCDONNELL ENGINEERING COMPANY INC. SUPPLEMENT
AGREEMENT NO. 2:
A RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT NO. 2 TO THE
CONTRACT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN AN
AMOUNT NOT TO EXCEED $294,086.00 FOR CONSTRUCTION MANAGEMENT
SERVICES ASSOCIATED WITH THE SAIN STREET EXTENSION PROJECT
B. Unfinished Business
BA 2020-0943
RFQ-19-01 OLSSON , INC. AMENDMENT #2:
A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL
ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ
#19-01, IN THE AMOUNT OF $154,900.00 FOR THE REMAINING ARCHITECTURAL
SERVICES RELATED TO THE REPLACEMENT PARKING DECK FOR THE CULTURAL
ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019
CULTURAL ARTS CORRIDOR BOND PROJECT
At the 11/17/20 City Council meeting this item was tabled for two weeks.
C. New Business
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City Council Meeting Final Agenda December 1, 2020
CA 2020-1055
BANK OF FAYETTEVILLE/DEPOT LOT SITE:
AN ORDINANCE TO APPROVE A CONTRACT WITH THE BANK OF FAYETTEVILLE,
GREG HOUSE, FAYETTEVILLE DEPOT, LLC (AND POSSIBLY TED BELDEN) TO
PURCHASE ABOUT ONE HALF ACRE IN THE DEPOT/BANK LOT FOR $350,000.00, TO
APPROVE A LEASE -TO -OWN ARRANGEMENT WITH GREG HOUSE FOR THE .2
ACRE LOT ON THE NORTH END OF THE CIVIC PLAZA, TO AGREE TO CONVEY TO
GREG HOUSE THE OWNERSHIP OF ABOUT 14,000 SQUARE FEET OF THE BOTTOM
FLOOR OF THE CITY'S PUBLIC PARKING DECK AND OTHER ITEMS, AND TO PASS
AN EMERGENCY CLAUSE
C.2 2020-0923
EXPRESS INTENT FOR TRAIL ECONOMIC DEVELOPMENT:
A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO STUDY AND
DEVELOP ORDINANCES TO REGULATE AND PROMOTE TRAIL ECONOMIC
DEVELOPMENT IN THE CITY OF FAYETTEVILLE
C.3 2020-0901
FAYETTEVILLE YOUTH CENTER, INC.:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF
$225,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH AND
CITIZENS OF FAYETTEVILLE FOR 2021
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CA
C.5
C.6
2020-0902
AREA AGENCY ON AGING OF NORTHWEST ARKANSAS:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS IN
THE AMOUNT OF $109,080.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR
THE SENIOR CITIZENS OF FAYETTEVILLE FOR 2021
2020-0991
2021 SEVEN HILLS HOMELESS CENTER FUNDING:
AN ORDINANCE 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 2021
2020-0990
MIKE PARKER COST SHARE AGREEMENT:
AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A
COST SHARE AGREEMENT WITH MIKE PARKER FOR CONSTRUCTION OF A SEWER
LINE ALONG A PORTION OF NORTH SHADY LANE AND A PORTION OF PROPERTY
NORTH OF WEST HOLLY STREET WITH A REFUND IN AN AMOUNT NOT TO
EXCEED $40,885.19 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF
IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT
OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $8,177.04
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C.7 2020-0993
NWA LD, LLC COST SHARE AGREEMENT:
AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A
COST SHARE AGREEMENT WITH NWA LD, LLC FOR THE UPSIZING OF A PLANNED
SEWER CREEK CROSSING ASSOCIATED WITH CRYSTAL SPRINGS SUBDIVISION
PHASE IV WITH A REFUND IN AN AMOUNT NOT TO EXCEED $26,670.00 TO BE
PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT
EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT,
AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,334.00
C.8 2020-0994
23 W 5TH STREET QOZB, LLC COST SHARE AGREEMENT:
AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A
COST SHARE AGREEMENT WITH 23 W 5TH STREET QOZB, LLC FOR THE
EXTENSION OF A SEWER LINE NEAR THE CORNER OF SOUTH BLOCK AVENUE
AND WEST 5TH STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED
$16,898.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF
IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT
OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $3,379.60
C.9 2020-0984
AMEND 50.40 RATES FOR SERVICES:
AN ORDINANCE TO AMEND § 50.40 RATES FOR SERVICES OF THE
FAYETTEVILLE CITY CODE TO CHANGE THE COMMERCIAL CART SIZE FROM 95
GALLON TO 96 GALLON AND TO ENACT A LEASE FEE FOR THOSE CARTS
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C.10
C.11
C.12
C.13
2020-0997
RZN-2020-016 (1011 S. HOLLYWOOD AVE./WATSON):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-016 LOCATED AT 1011 SOUTH HOLLYWOOD AVENUE FOR
APPROXIMATELY 1.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE TO CS, COMMUNITY SERVICES
2020-1002
RZN 2020-019 (907 S. HOLLYWOOD AVE./WATSON):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-019 LOCATED AT 907 SOUTH HOLLYWOOD AVENUE FOR
APPROXIMATELY 0.3 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE TO CS, COMMUNITY SERVICES
2020-1003
RZN 2020-014(SE OF I-49 & WEDINGTON DR./MARINONI FARM):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-014 LOCATED SOUTHEAST OF I-49 AND WEDINGTON DRIVE FOR
APPROXIMATELY 112.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE; RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; R-O,
RESIDENTIAL OFFICE; AND C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN
THOROUGHFARE AND CS, COMMUNITY SERVICES
2020-1004
RZN-2020-018 (310 & 325 N. FLETCHER AVE./MCDONALD):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-018 LOCATED AT 310 AND 325 NORTH FLETCHER AVENUE FOR
APPROXIMATELY 0.92 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE
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C.14
C.15
C.16
C.17
2020-1001
AMEND § 33.341 PURPOSE AND §33.342 POWERS AND DUTIES:
AN ORDINANCE TO AMEND § 33.341 PURPOSE AND §33.342 POWERS AND
DUTIES OF ARTICLE XXII ARTS COUNCIL OF THE FAYETTEVILLE CODE
2020-1036
ENACT ARTICLE XXXI COMMUNITY DEVELOPMENT AND ASSISTANCE
PROGRAMS ADVISORY BOARD:
AN ORDINANCE TO ENACT ARTICLE XXXI COMMUNITY DEVELOPMENT
AND ASSISTANCE PROGRAMS ADVISORY BOARD IN CHAPTER 33
DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES OF THE
FAYETTEVILLE CODE
2020-1012
SHORT-TERM RENTAL REGULATIONS:
AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF CHAPTER 118 BUSINESS
REGISTRY AND LICENSES, CHAPTER 151 DEFINITIONS, CHAPTER 161 ZONING
REGULATIONS, § 162.01 ESTABLISHMENT/LISTING OF CHAPTER 162 USE UNITS,
AND CHAPTER 163 USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO
CLASSIFY THE TYPES OF SHORT-TERM RENTALS AND CREATE REGULATIONS TO
PERMIT AND INSPECT THE RENTALS
2020-1054
CORONAVIRUS SAFETY PROTECTIONS AND IMPROVEMENTS:
AN ORDINANCE TO CLARIFY THAT CORONAVIRUS SAFETY PROTECTIONS AND
IMPROVEMENTS MAY BE REQUIRED BEFORE RENEWING A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY, AND TO APPROVE AN EMERGENCY
CLAUSE
D. City Council Agenda Session Presentations
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D.1 2020-1037
AGENDA SESSION PRESENTATIONS:
SALES TAX REPORT - PAUL BECKER
ENERGY REPORT - PETER NIERENGARTEN
E. City Council Tour
F. Announcements
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
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City Council Meeting Final Agenda December 1, 2020
All interested persons may appear and address the City Council on Unfinished Business, New Business, and
Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please
wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please
start your public comment by giving your name and address. Comments are to be addressed to the Mayor or
Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for
response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being
considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City
Council meetings:
Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should
only be considered if it requires immediate City Council consideration and if the normal agenda setting process
is not practical. The City Council may only place such new item on the City Council meeting's agenda by
suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda.
Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda
item that item shall be removed and considered immediately after the Consent Agenda has been voted upon.
Unfinished Business and New Business:
Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an
ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city
contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation
period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and
applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda
item. City staff s presentation and an Applicant's presentation whether presented by one or more than one
presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent
or majority vote allows additional time.
Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and
two minutes. Amendments may receive public comments only if approved by the City Council by unanimous
consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to
speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up
person to speak by unanimous consent or majority vote.
Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as
to integrity, abusive comments and statements about motives or personalities. Any member of the public who
violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall
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leave the podium.
Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City
Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter,
please call 479-575-8330.
A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the
Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479)575-8323.
All cell phones must be silenced and may not be used within the City Council Chambers.
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