HomeMy WebLinkAbout2013-07-16 MinutesMayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City Council Meeting Minutes
July 16, 2013
Page 1 of 10
Aldermen
Ward 1 Position l —Adella Gray
v Ward 1 Position 2 — Sarah Marsh
Ward 2 Position I —Mark Kinion
Ward 2 Position 2 —Matthew Petty
Ward 3 Position 1 — Justin Tennant
Ward 3 Position 2 — Martin W. Schoppmeyer, Jr.
Ward 4 Position I — Rhonda Adams
Ward 4 Position 2 —Alan T. Long
City of Fayetteville Arkansas
City Council Meeting Minutes
July 16, 2013
A meeting of the Fayetteville City Council was held on July 16, 2013 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin
Tennant, Martin Schoppmeyer, Alan Long, &, Mayor Lioneld Jordan, City Attorney Kit
Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Rhonda Adams
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meetine Presentations, Reports and Discussion Items:
2012 Audit Report:
Paul Becker, Finance and Internal Services Director introduced Dan Barron, a partner with
Grant Thornton as a new auditor for the city and stated BKD was the previous auditor for eight
years. Mr. Becker stated that the city received a clean opinion of the financial statements for the
city. The document was given on disc to City Council and posted online for public inspection. It
was a positive year for the city. Alderman Gray is on the Audit Committee as the council
representative. The auditor did make a full report to the Audit Committee.
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City Council Meeting Minutes
July 16, 2013
Page 2 of 10
Aeenda Additions:
Alderman Long moved to add the Arkansas Highway Commission—Highway 265
Improvement Project resolution to the agenda. Alderman Marsh seconded the motion.
Upon roll call the motion passed 7-0. Alderman Adams was absent.
Arkansas Highway Commission—Highway 265 Improvement Project: A resolution to thank
the Arkansas Highway Commission for the Highway 265 improvement project and to request
that full precautions for watershed protection are taken adjoining Lake Fayetteville Park.
Alderman Long: We discussed this at the Water and Sewer Committee. We had been
receiving quite a few entails from various constituents concerned about the construction taking
place around the area of Lake Fayetteville. This is the secondary water source for the City of
Fayetteville and we want to protect that watershed. We want to let the Highway Commission
know that the City of Fayetteville would like them to follow our standards for our watershed and
even though we can't force them to do that, we can at least ask that they follow our standards.
Chris Brown, City Engineer: You received an email from me and I would like to reiterate a
couple of points I made in the email. I contacted the resident engineer, the local highway
representative, and he worked with the contractor to get the burning stopped. A representative
from ADEQ also came out and took a look at what was going on. They upgraded some of their
systems they had in place. On a previous project south of this project there was some extensive
work that had to be done, but we worked with the Highway Department to repair it. They are
refraining from mowing that area and they are protecting that area for us. The local office has
been very responsive any time we contact them with a concern.
The Highway Department has standard specifications and a section that refers to water quality.
The laws are in place to protect the water quality at Lake Fayetteville. I feel this resolution could
damage the relationship that we now enjoy with the Highway Department. I do not believe we
need this resolution to get the results we are looking for there.
Alderman Kinion: This was brought forward unanimously by the Water and Sewer Committee.
It was in response to a public request. We respect our relationship with the Highway Department
and this is in no way a disrespectful note. It says that in the City of Fayetteville we have a
commitment to our watershed. We have shown this through our Streamside Protection and
Hillside ordinance. We would like to thank the Highway Commission for the work they do and
out of mutual respect ask them to realize that Fayetteville is very forward thinking and we want
to protect the watershed, streams and lakes.
Alderman Tennant: If I was on the Water and Sewer Committee, I don't think I would have
voted for this, not because I want Lake Fayetteville to be destroyed, but I am worried what
message this sends. I agree with Chris that this could send the wrong message. The system that
we have in place works and I do not like tampering with a system that is in place. ADEQ is there
for a reason, they aren't perfect, but for us to essentially tell them that we want to remind them
that things are important to us, I have a real problem with that. It sends a wrong message and I
don't think it is necessary.
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July 16, 2013
Page 3 of 10
Alderman Long moved to approve the resolution. Alderman Marsh seconded the motion.
Upon roll call the resolution passed 5-3. Alderman Long, Marsh, Kinion, and Petty voted
yes. Alderman Gray, Tennant and Schoppmeyer voted no. Mayor Jordan voted yes to
pass the resolution. Alderman Adams was absent.
Resolution 155-13 as recorded in the office of the City Clerk.
Consent:
Approval of the July 02, 2013 City Council meeting minutes.
Approved
H & H Directional Boring, Inc.: A resolution to approve a construction contract with H & H
Directional Boring, Inc. in the amount of $217,000.00 for bores across the White River to repair
water main damage, plus a $20,000.00 contingency and the attached budget adjustment.
Resolution 156-13 as recorded in the office of the City Clerk
Bid #13-29 Donelson Construction, Co.: A resolution to award Bid #13-29 and approve the
contract with Donelson Construction Company, LLC in the amount of $195,050.00 plus a
contingency of $19,505.00 for Asphalt Micro -surfacing of city streets.
Resolution 157-13 as recorded in the office of the City Clerk
Garver, LLC Amendment Number 2: A resolution to approve Amendment Number 2 to the
contract with Garver, LLC for construction phase services for the Frisco Trail extension project
in the additional amount of $109,100.00.
Resolution 158-13 as recorded in the office of the City Clerk
Internet Crimes Against Children Task Force Grant: A resolution authorizing acceptance of
the second continuation subgrant of the non-matching 2010 Internet Crimes Against Children
Task Force Grant in the amount of $11,824.19, and approving a budget adjustment.
Resolution 159-13 as recorded in the office of the City Clerk
2012-2013 Edward Byrne Memorial Justice Assistance Grant: A resolution authorizing
acceptance of a continuation of the 2012-2013 Edward Byrne Memorial Justice Assistance Grant
for funding of the Fourth Judicial District Drug Task Force for the 2013-2014 grant period in the
total amount of $197,333.59.
Resolution 160-13 as recorded in the office of the City Clerk
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George Nunnally Chevrolet of Bentonville: A resolution approving the purchase of seven (7)
Chevrolet Tahoes from George Nunnally Chevrolet of Bentonville, pursuant to a state
procurement contract, in the total amount of $175,651.00.
Resolution 161-13 as recorded in the office of the City Clerk
Center Point Contractors, Inc. Change Order No. 1: A resolution approving Change Order
No. 1 to the contract with Center Point Contractors, Inc. to remove construction of a fire
suppression system resulting in a $33,000.00 cost reduction to the City for the project and
approving cancellation of a $33,000.00 promissory note from NFlight Technology, Inc. issued to
secure its payment obligation for construction of the system, and approving a budget adjustment.
Resolution 162-13 as recorded in the office of the City Clerk
Alderman Tennant moved to approve the Consent Agenda as read. Alderman Gray
seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was absent.
Unfinished Business: None
New Business:
Bid #13-34 Boulder Construction, Inc.: A resolution to award Bid #13-34 and approve a
construction contract with Boulder Construction, Inc. in the amount of $1,415,423.95 plus a
project contingency of $70,771.20 for the construction of the Frisco Trail extension and to
approve a budget adjustment in the amount of $1,248,000.00.
Matt Mibalevich, Trails Coordinator gave a brief description of the resolution.
Alderman Tennant moved to approve the resolution. Alderman Marsh seconded the
motion. Upon roll call the resolution passed 7-0. Alderman Adams was absent.
Resolution 163-13 as recorded in the office of the City Clerk.
VAC 13-4402 (2111 Martin Luther King Boulevard/Panda Express): An ordinance
approving VAC 13-4402 submitted by Lorel Hoffman for property located at 2111 Martin
Luther King Boulevard to vacate a portion of a water and sewer easement, a total of 0.01 acres.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance.
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Alderman Tennant moved to suspend the rules and go to the second reading. Alderman
Long seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third and final reading.
Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman
Adams was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Adams was absent.
Ordinance 5599 as recorded in the office of the City Clerk.
VAC 13-4421 (100 W. Dickson Street/Collier's Drug Store): An ordinance approving VAC
13-4421 submitted by Karen King for property located at 100 West Dickson Street to vacate a
15 -foot wide alley located on the northern portion of the Collier's Drug Store site.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance.
Alderman Kinion: I want to refer to some of our older neighborhoods where we vacated alleys
at one time because we saw no reason to have the alleys, then there were parking situations and
we wish we had the alleys. It is an unintended consequence of growth. Once you vacate an alley
it is gone, but this is a different situation because it is not in a residential area.
Alderman Tennant moved to suspend the rules and go to the second reading. Alderman
Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third and final reading.
Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman
Adams was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Adams was absent.
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Ordinance 5600 as recorded in the office of the City Clerk.
ADM 13-4420 (Oakbrooke PZD Phase 1): An ordinance amending a Residential Planned
Zoning District entitled R-PZD 05-1463 Oakbrooke Phase 1, to revise the concept plan and
allow the construction of an alley to serve Lots 1-17.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance.
Alderman Tennant moved to suspend the rules and go to the second reading. Alderman
Long seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Schoppmeyer: I would like to say in full disclosure that the land owner/developer is
my current landlord for Haas Hall Academy and is in the fifth year of a five year lease with
Tracy Hoskins. It's not going to affect the way I vote. I wanted it known that we have a
relationship.
Alderman Gray moved to suspend the rules and go to the third and final reading.
Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman
Adams was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Adams was absent.
Ordinance 5601 as recorded in the office of the City Clerk.
ADM 13-4397 (Oakbrooke PZD Phase III): An ordinance amending a Residential Planned
Zoning District entitled R-PZD 09-4397 Oakbrooke Phase III, to revise the concept plan and
zoning criteria, reducing the number of dwelling units in Planning Area I from 28 to 24 and in
Planning Area III from 76 to 58, and adjusting alley ways.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance.
Tracy Hoskins, developer of project stated that he was available to address any questions.
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Alderman Petty: Are these changes a reflection of what you think the market wants today
compared to the last round of changes or is it deeper than that?
Tracy Hoskins: A lot of the 2010 changes were to increase the density and the market has
changed. We have run into site challenges such as trees and so by widening the lots we have
more room to build. As far as the density, we are decreasing the density in the heart of the
development and increasing the density out closer to Rupple Road. The design of those lots was
actually approved in Oakbrook III PZD in 2010. Basically, this is housekeeping to set those lot
lines in stone. We also did a modification in 2012 where we lost the opportunity to do some
cottage style housing and so we are regaining that across the street on the south side of Starry
Night to be able to put more affordable houses.
Jeremy Pate: For the record, Tracy is a Planning Commissioner and he recused himself at the
Planning Commission meeting about these items.
Alderman Tennant moved to suspend the rules and go to the second reading. Alderman
Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Adams was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third and final reading.
Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman
Adams was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Adams was absent.
Ordinance 5602 as recorded in the office of the City Clerk.
National Revenue -Neutral Carbon Fee and Dividend Support: A resolution to support a
National Revenue -Neutral Carbon Fee and Dividend in order to help slow climate change.
Alderman Marsh: The statistics and information about global climate change that I will be
presenting came from peer reviewed science that you can find at climate.nasa.gov which is
NASA's website. Alderman Marsh stated research findings, definitions and descriptions
regarding climate change.
This legislation is designed to put us on the path to a sustainable climate by reducing our
greenhouse emissions and transitioning us to a clean energy economy. It starts by a setting a goal
of reducing emissions to 80% below 2005 levels by 2050 and an incentive to transition through
the implementation of carbon fee while mitigating the impacts on citizens through a payment of
a dividend. This resolution has been endorsed by the Fayetteville Forward Green Economy
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Group, Omni 350, Citizens Climate Lobby and the Environmental Action Committee. By
passing this resolution it is my hope that we send a strong message to national leaders that we
demand action to address the root causes of global climate change and to see a shift towards
building a more resilient nation.
Alderman Gray: I think this is an excellent thing. I know that some people feel that we should
not be involved in this kind of action, but personally I agree with everything Alderman Marsh
has said. I certainly support the Omni group and their research. I think this is a good action for
the City of Fayetteville.
Alderman Tennant: I don't doubt at all Alderwoman Marsh's sincerity in her efforts. I believe
that she believes that this council should use our positions to push items like this and obviously
Alderwoman Gray does as well. I disagree with it. This is a statement. It does not mean anything
to anybody except we are making a statement that we think this might be a good idea.
This item is too much of a stretch for me to justify, not because I want carbon emissions all over
the place and the world to be destroyed. We are doing a lot of things right in this country and I
am glad we are. For me to vote on this I would want more experts to speak to me and give me
reasons to support it. This is not a statement that the Fayetteville City Council should be making.
This is a good idea for elected officials at a national level and even the state level, but not us. I
won't vote for it. I will abstain from the vote.
Alderman Long: I think this statement means something. It means we want our representatives
at the national level to work on a solution. I think it shows that Fayetteville cares about this issue.
Alderman Petty: I think words matter and the lack of words matter just as much. I think it is
important to take a stand when we are asked, even if action is symbolic, because words matter.
As fossil fuel prices go up we can use the funds to generate alternatives. The beauty of this is that
it only hurts the producers, because the dividend comes back and all the cost that is passed on to
the consumers comes back to them in the form of dividends. No one should be able to pollute for
free.
Joanna Pollock: It seems that we are turning some tide in terms of public understanding on
climate change. We are finally getting to the point where we don't have to argue about whether
or not the climate science is real. This is one of the most pressing issues of our time and it is
important that the City Council addresses the issue through a symbolic resolution, because it is
time to take a stand. This type of a policy is a fee at the source of the green house emissions. It
does gradually increase over time, but the way it is set up with the fee and dividends system, it
would be a progressive tax. It gives money back to the citizens. A tax of $20.00 per ton of
carbon dioxide would increase gas prices by about twenty cents per gallon.
Kelly Mulhollan: Although it is symbolic, it is not trivial. It is the greatest challenge of our
society and this is exactly the right message we need to hear. This country is strewn with
environmental organizations trying to get this accomplished. We desperately need our leaders to
stick their neck out and do the right thing. This is a stable idea.
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Page 9 of 10
David Orr: I am speaking in support of the resolution. It is important to me as a citizen that my
elected officials reflect and represent my views of what constitutes good public policy. It is
important to see where our elected officials stand in the broader political life of our country and
collectively it is you who will represent the citizens of Fayetteville to congress. I would like to
request you to consider creating a framework for developing Fayetteville as a leading city in the
planning for creating resilient water/air management and land use management.
Donna Stjerna: I am very concerned about climate change and hope you are the voice of other
citizens and moms like me.
Larry Ashton: I am against the resolution. Would the average person in Fayetteville want you
representing them promoting a law that would increase the price of energy? How much good
would it really do.
Mayor Jordan: I went to the US Conference of Mayors in 2009 and they told us that thirty five
states in three years would see water shortages, because of climate change. I began to study the
CO2 emissions in the parts per million and we need to be at about 350 -and we are at 400. We
know that we are at a time that it is critical to begin to cut the CO2 emissions. That is why I
fought so hard for the transit tax. It eliminates cars from being on the road. I fought to bring
water transportation up the Arkansas River, because we know that for every barge that we float,
it is like taking eighty trucks off the road. I signed in 2012 the US Conference of Mayors Climate
Protection Agreement and stand behind it. I agree we need to make a stand and a statement.
Alderman Long moved to approve the resolution. Alderman Petty seconded the motion.
Upon roll call the resolution passed 5-1. Alderman Long, Gray, Marsh, Vinion and Petty
voted yes. Alderman Schoppmeyer voted no. Alderman Tennant abstained. Alderman
Adams was absent.
Resolution 164-13 as recorded in the office of the City Clerk.
City Council Agenda Session Presentations:
City Council Tour: Tri Cycle Farms — July 22, 2013 — 5:30 p.m.
The Council will meet at Tri Cycle Farms to begin the tour.
Announcements:
Don Marr, Chief of Staff: Beginning tomorrow, construction of the half mile Frisco Trail
extension will require reducing the number of lanes on Martin Luther King Boulevard between
Government and South School Avenue for approximately six weeks.
The Gulley Park concert series is this Thursday at 7 p.m. It is the Wheeler Brothers from Austin,
Texas.
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Page 10 of 10
I would like to remind the City Council that the tour of Tri Cycle Farms is scheduled for July
22"a at 5:30 p.m. and we will meet at the farms.
There will not be a City Council Agenda Session this Tuesday, and after the Agenda Session on
July 301h, the council will have a fund balance budget discussion.
Alderman Gray: On July 25, 2013 there will be a Ward 1 meeting at the Yvonne Richardson
Center at 6:00 p.m.
Alderman Long: On July 29, 2013 there will be a Ward 4 meeting in room 111 at 6:00 p.m.
Adiournment: 7:15 a.m.
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Sondra E. Smith, City Clerk/Treasurer
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