HomeMy WebLinkAbout2022-10-04 - Agendas - FinalCity of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
City Council Final Agenda
Tuesday, October 4, 2022
5:30 PM
City Hall Room 219
City Council Members
Council Member Sonia Harvey Ward I
Council Member D'Andre Jones Ward I
Council Member Mark Kinion Ward 2
Council Member Mike Wiederkehr Ward 2
Council Member Sloan Scroggin Ward 3
Council Member Sarah Bunch Ward 3
Council Member Teresa Turk Ward 4
Council Member Holly Hertzberg Ward 4
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
City Council Meeting Final Agenda October 4, 2022
Zoom Information:
Public Registration Link:
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Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items
1. 2021-1089
MONTHLY FINANCIAL REPORT
Proposed Agenda Additions
A. Consent
A.1 2021-1059
APPROVAL OF THE SEPTEMBER 6, 2022 CITY COUNCIL MEETING MINUTES
A.2 2022-0851
FOOD RECYCLING SOLUTIONS, LLC:
A RESOLUTION TO APPROVE AN AGREEMENT WITH FOOD RECYCLING
SOLUTIONS, LLC FOR THE HAULING OF ORGANIC COMPOSTABLES AND
RECYCLABLE MATERIAL IN THE CITY OF FAYETTEVILLE
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City Council Meeting Final Agenda October 4, 2022
A.3 2022-0868
HAWKINS-WEIR ENGINEERS, INC. AMENDMENT NO. 1:
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL
ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN
AN AMOUNT NOT TO EXCEED $32,240.00 FOR CONSTRUCTION MANAGEMENT
SERVICES RELATED TO RECYCLING AND TRASH FACILITY IMPROVEMENTS
A.4 2022-0853
J.A. RIGGS TRACTOR COMPANY D/B/A RIGGS POWER SYSTEMS, STATION
WI:
A RESOLUTION TO AUTHORIZE THE PURCHASE OF A CATERPILLAR GENERATOR
FROM J.A. RIGGS TRACTOR COMPANY DB/A RIGGS POWER SYSTEMS IN THE
AMOUNT OF $74,265.00 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES,
PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR
USE AT THE SOUTH MOUNTAIN PUMP STATION
A.5 2022-0854
J.A. RIGGS TRACTOR COMPANY DBA RIGGS POWER SYSTEMS, STATION
W 18:
A RESOLUTION TO AUTHORIZE THE PURCHASE OF A CATERPILLAR GENERATOR
FROM J.A. RIGGS TRACTOR COMPANY DB/A RIGGS POWER SYSTEMS IN THE
AMOUNT OF $55,990.00 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES,
PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR
USE AT THE GULLEY ROAD WATER PUMP STATION
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City Council Meeting Final Agenda October 4, 2022
A.6
UVA
A.8
FEW
2022-0882
ALLTEL CORPORATION DBA VERIZON WIRELESS FIFTH AMENDMENT:
A RESOLUTION TO APPROVE THE FIFTH AMENDMENT TO THE WATER TOWER
ATTACHMENT COMMUNICATIONS SITE AGREEMENT WITH ALLTEL
CORPORATION D/B/A VERIZON WIRELESS TO ALLOW VERIZON TO REPLACE THE
CELLULAR COMMUNICATIONS EQUIPMENT ON THE OLDER OF THE TWO GULLEY
ROAD ELEVATED WATER STORAGE TANKS
2022-0858
CRAFTON, TULL & ASSOCIATES, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH CRAFTON, TULL & ASSOCIATES, INC., PURSUANT TO RFQ
22-01 SELECTION #12, IN AN AMOUNT NOT TO EXCEED $146,780.00 FOR DESIGN
SERVICES ASSOCIATED WITH THE LAKE FAYETTEVILLE BALLFIELD RENOVATION
PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $7,340.00,
AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENT BOND
PROJECT
2022-0862
RECOGNIZE INTEREST REVENUE FOR SALES & USE TAX CAPITAL
IMPROVEMENT AND REFUNDING BONDS SERIES 2019:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING INTEREST
REVENUE GENERATED FROM THE SALES & USE TAX CAPITAL IMPROVEMENT
AND REFUNDING BONDS SERIES 2019
2022-0872
BEAVER WATER DISTRICT:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$800,000.00 FOR THE PURCHASED WATER ACCOUNT DUE TO INCREASED WATER
USAGE
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A.10
A.11
A.12
A.13
2022-0864
RIGHTSEAT, LLC AGREEMENT:
A RESOLUTION TO APPROVE A THIRTY (30) YEAR GROUND LEASE AGREEMENT
WITH RIGHTSEAT, LLC FOR AIRPORT PROPERTY LOCATED NORTH OF THE DRAKE
FIELD TERMINAL BUILDING AT 4200 SOUTH SCHOOL AVENUE FOR THE
CONSTRUCTION OF A 80' X 70' HANGAR, WITH AN OPTION TO EXTEND THE
GROUND LEASE FOR AN ADDITIONAL TEN (10) YEARS
2022-0860
PURCHASE ADDITIONAL LOADS OF FUEL:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$579,000.00 FOR THE PURCHASE OF ADDITIONAL LOADS OF JET FUEL AND AVGAS
DUE TO INCREASING FUEL SALES AND RISING FUEL COSTS
2022-0867
WT EQUIPMENT OF SPRINGDALE:
A RESOLUTION TO APPROVE THE PURCHASE OF A BOBCAT E42 COMPACT
EXCAVATOR WITH ATTACHMENTS AND TRAILER FROM WT EQUIPMENT OF
SPRINGDALE IN THE AMOUNT OF $101,205.00, PLUS ANY APPLICABLE SALES
TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE
PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT
2022-0870
BID #22-43 LEGACY CONSTRUCTION MANAGEMENT, INC.:
A RESOLUTION TO AWARD BID #22-43 AND AUTHORIZE A CONTRACT WITH
LEGACY CONSTRUCTION MANAGEMENT, INC. IN THE AMOUNT OF $279,684.69
FOR IMPROVEMENTS TO THE RECYCLING AND TRASH COLLECTIONS TRANSFER
STATION FLOOR, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT
OF $50,000.00
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A.14 2022-0874
CARBON REDUCTION PROGRAM FEDERAL -AID FUNDS:
A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE
TO APPLY FOR AND UTILIZE CARBON REDUCTION PROGRAM FEDERAL -AID
FUNDS IN AN AMOUNT OF UP TO $500,000.00 FOR STREET LIGHTING
IMPROVEMENT PROJECTS
A.15 2022-0884
RAILROAD CROSSING UPGRADE COST AND MAINTENANCE AGREEMENT:
A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A RAILROAD
CROSSING UPGRADE COST AND MAINTENANCE AGREEMENT WITH THE
ARKANSAS AND MISSOURI RAILROAD IN THE AMOUNT OF $839,774.60 FOR
MODIFICATIONS REQUIRED FOR THE RAZORBACK ROAD AND 15TH STREET
INTERSECTION PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $80,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET
IMPROVEMENT BOND PROJECT
A.16 2022-0865
U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT:
A RESOLUTION TO APPROVE A JOINT FUNDING AGREEMENT WITH THE U.S.
GEOLOGICAL SURVEY FOR STREAM GAUGE OPERATION AND MAINTENANCE
AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN
THE CITY OF FAYETTEVILLE IN 2022 WITH THE AMOUNT PAID BY THE CITY NOT
TO EXCEED $61,582.00
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A.17 2022-0766
RFQ 22-01 OLSSON, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #22-01, IN THE AMOUNT OF
$89,900.00 TO PROVIDE AN ASSESSMENT OF LANDS WITH HIGH ECOLOGICAL
VALUE AND TO DEVELOP AN ECOSYSTEMS SERVICES PLAN, AND TO APPROVE A
PROJECT CONTINGENCY OF $8,990.00
At the September 6, 2022 City Council Meeting, this resolution was pulled for further
discussion and tabled to the October 4, 2022 City Council Meeting.
A.18 2022-0920
RAILROAD CROSSING IMPROVEMENTS APPLICATION GRANT:
A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A 80/20 MATCHING GRANT
IN THE AMOUNT OF $312,000.00 FOR RAILROAD CROSSING IMPROVEMENTS
THROUGH THE RAILROAD CROSSING ELIMINATION PROGRAM
B. Unfinished Business
B.1 2022-0557
RAZE AND REMOVAL OF STRUCTURE AT 2860 E. WYMAN RD.:
A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND
UNSAFE STRUCTURE ON PROPERTY OWNED BY LEROY H. SCHARFENBERG
LOCATED AT 2860 EAST WYMAN ROAD IN THE CITY OF FAYETTEVILLE,
ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$17, 800.00
At the July 5, 2022 City Council meeting, this resolution was tabled to the August 2, 2022
City Council Meeting. At the August 2, 2022 City Council meeting, this resolution was tabled
to the October 4, 2022 City Council meeting.
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B.2 2022-0757
VAC 22-018 (W. SLIGO ST AND S. RAZORBACK RD/MEADOW VALE
DEVELOPMENT, LLQ:
AN ORDINANCE TO APPROVE VAC 22-018 FOR PROPERTY LOCATED AT WEST
SLIGO STREET AND SOUTH RAZORBACK ROAD IN WARD 1 TO VACATE A
PORTION OF STREET RIGHT-OF-WAY
At the September 6, 2022 City Council Meeting, this Ordinance was left on the first
reading and tabled to the October 4, 2022 City Council Meeting.
B.3 2022-0814
MILLER BOSKUS LACK ARCHITECTS, P.A., DB/A MBL PLANNING:
A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES
AGREEMENT WITH MILLER BOSKUS LACK ARCHITECTS, P.A., DB/A MBL
PLANNING PURSUANT TO RFQ #21-09, IN THE AMOUNT OF $212,257.00 FOR THE
DEVELOPMENT OF A PRE -APPROVED BUILDING DESIGN PROGRAM, TO APPROVE
A PROJECT CONTINGENCY IN THE AMOUNT OF $10,613.00, AND TO APPROVE A
BUDGET ADJUSTMENT
At the September 20, 2022 City Council meeting, this resolution was tabled to the
October 4, 2022 City Council meeting.
B.4 2022-0787
RZN 22-037: (SE OF W. 18TH ST & W. CUSTER LN/SOUTHERN LIVING
CONSTRUCTION LLQ:
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 22-037 LOCATED SOUTHEAST OF WEST 18TH STREET AND WEST
CUSTER LANE IN WARD 1 FOR APPROXIMATELY 3.10 ACRES FROM RMF-24,
RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE AND C-1, NEIGHBORHOOD
COMMERCIAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN
At the September 20, 2022 City Council meeting, this ordinance was left on a first
reading.
C. New Business
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CA
C.2
C.3
CA
2022-0932
REPEAL REDUCTION OF ELECTION STANDARD ALLOWANCE:
A RESOLUTION TO REPEAL RESOLUTION 89-22 AND TO AUTHORIZE THE
REDUCTION OF THE ELECTION OF THE STANDARD ALLOWANCE OF
$10,000,000.00 IN REVENUE LOSSES DUE TO THE PUBLIC HEALTH EMERGENCY
CREATED BY THE COVID-19 PANDEMIC FROM THE PREVIOUSLY AWARDED
AMERICAN RESCUE PLAN ACT FUNDS TO THE CALCULATED LOSS OF
$6,914,393.00
2022-0878
AMEND §118.01 APPLICABILITY, §151.01 DEFINITIONS AND § 163.18
SHORT-TERM RENTALS:
AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF THE FAYETTEVILLE CITY
CODE, AND § 151.01 DEFINITIONS AND § 163.18 SHORT-TERM RENTALS OF
THE UNIFIED DEVELOPMENT CODE TO REMOVE THE CONDITIONAL USE PERMIT
REQUIREMENT FOR TYPE 2 SHORT-TERM RENTALS, AND TO REPEAL THE SUNSET
PROVISION
2022-0861
VAC 22-021 (927 E. ROCKWOOD TRAIL/THOMPSON):
AN ORDINANCE TO APPROVE VAC 22-021 FOR PROPERTY LOCATED AT 927 EAST
ROCKWOOD TRAIL IN WARD 1 TO VACATE A PORTION OF A UTILITY EASEMENT
2022-0866
VAC 22-020 (1070 N. MARINONI DR/MARINONI INC.):
AN ORDINANCE TO APPROVE VAC 22-020 FOR PROPERTY LOCATED AT 1070
NORTH MARINONI DRIVE IN WARD 4 TO VACATE A PORTION OF A UTILITY
EASEMENT
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C.5
C.6
C.7
C.8
2022-0869
RZN 22-041 (1453 SOUTH ROOT LN./HOLT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 22-041 LOCATED AT 1453 SOUTH ROOT LANE IN WARD 1 FOR
APPROXIMATELY 2.50 ACRES FROM R-A, RESIDENTIAL -AGRICULTURAL TO RSF-1,
RESIDENTIAL SINGLE-FAMILY, 1 UNIT PER ACRE
2022-0873
RZN 22-042 (N. GREGG AVE AND N. FUTRALL DR/WASHINGTON
REGIONAL MEDICAL CENTER):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 22-042 LOCATED AT THE SOUTHWEST CORNER OF NORTH GREGG
AVENUE AND NORTH FUTRALL DRIVE IN WARD 2 FOR APPROXIMATELY 4.05
ACRES FROM C-3, CENTRAL COMMERCIAL TO UT, URBAN THOROUGHFARE
2022-0875
RZN 22-034 (113 E. DAVIDSON ST/GRAVES):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 22-034 LOCATED AT 113 EAST DAVIDSON STREET IN WARD 2 FOR
APPROXIMATELY 0.14 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE TO NS-L, NEIGHBORHOOD SERVICES - LIMITED
2022-0876
RZN 22-040 (2255 E. HUNTSVILLE RD/BROOMFIELD):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 22-040 LOCATED AT 2255 EAST HUNTSVILLE ROAD IN WARD 1 FOR
APPROXIMATELY 1.16 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL AND
RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO NS-G,
NEIGHBORHOOD SERVICES - GENERAL
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C.9 2022-0877
RZN 22-043 (560 W. VAN ASCHE DR./TUNE & TUNE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 22-043 LOCATED AT 560 WEST VAN ASCHE DRIVE IN WARD 2 FOR
APPROXIMATELY 13.56 ACRES FROM R-A, RESIDENTIAL -AGRICULTURAL TO UT,
URBAN THOROUGHFARE
C.10 2022-0879
VAC 22-010 (2015 S. VALE AVENUE/ TITAN VALE, LLC):
AN ORDINANCE TO APPROVE VAC 22-010 FOR PROPERTY LOCATED AT 2015
SOUTH VALE AVENUE IN WARD 1 TO VACATE A PORTION OF AN ALLEY
RIGHT-OF-WAY
C.11 2022-0880
APPEAL CUP 22-039 (2992 N. OAK BAILEY DR./OAK BAILEY CLUSTER
DEVELOPMENT):
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH,
TERESA TURK, AND SLOAN SCROGGIN TO DENY CONDITIONAL USE PERMIT CUP
2022-039 FOR A CLUSTER HOUSING DEVELOPMENT FOR PROPERTY LOCATED AT
2992 NORTH OAK BAILEY DRIVE IN WARD 3, AND TO DENY A VARIANCE TO §
164.22(D) OF THE UNIFIED DEVELOPMENT CODE TO EXCEED THE MAXIMUM
NUMBER OF DWELLING UNITS PERMITTED
D. City Council Agenda Session Presentations
D.1 2021-1090
AGENDA SESSION PRESENTATION - SALES TAX REPORT, PAUL BECKER AND
ENERGY REPORT, PETER NIERENGARTEN
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D.2 2022-0806
AGENDA SESSION PRESENTATION: SUPPORTING LIFELONG SUCCESS (SLS)
COMMUNITY UPDATE - DEVIN HOWLAND
E. City Council Tour:
Date: October 3rd, 2022, Time: 4:00 PM, Address: 2992 N. Oak Bailey Dr., Parking:
Parking is available on -street on Oak Bailey and on the extended driveway apron in to the
property from Oak Bailey, Request: Appeal by Council Members Bunch, Scroggin, and
Turk on behalf of a resident from the Planning Commission's Conditional Use Permit
approval for a 19-unit cluster housing development.
F. Announcements
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
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.
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