HomeMy WebLinkAbout2015-01-20 MinutesAlderman Adella Gray
Ward 1 Position 1
Alderman Sarah Marsh
Ward 1 Position 2
Alderman Mark Kinion
Ward 2 Position 1
Alderman Matthew Petty
Ward 2 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra E. Smith
City of Fayetteville Arkansas
City Council Meeting
January 20, 2015
City Council Meeting Minutes
January 20, 2015
Page 1 of 11
Alderman Justin Tennant
Ward 3 Position I
Alderman Martin W. Schoppmeyer, Jr
Ward 3 Position 2
Alderman John La Tour
Ward 4 Position I
Alderman Alan T. Long
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on January 20, 2015 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.
PRESENT: Alderman Adella Gray, Sarah Marsh, Matthew Petty, Mark Kinion, Justin
Tennant, Martin Schoppmeyer, John La Tour, Alan Long, Mayor Lioneld Jordan, City
Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Alderman Mark Kinion arrived at 5:35 p.m.
Pledge of Allegiance:
Mayor's Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations, Reports and Discussion Items:
Election of Vice Mayor
Alderman Marsh moved to nominate Alderman Mark Kinion as Vice Mayor. Upon roll call
Alderman Mark Kinion was elected as Vice Mayor with a vote of 7-0. Alderman Kinion was
absent during the vote.
Alderman Mark Kinion was elected as Vice Mayor
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City Council Meeting Minutes
January 20, 2015
Page 2 of 11
Presentation of the City of Fayetteville Martin Luther King: Brotherhood Award — Kit
Williams:
City Attorney Kit Williams: I have been privileged to select a City of Fayetteville employee to
receive the Dr. Martin Luther King Jr. Brotherhood Award. This award is given annually in
recognition to a city employee whose service to our city and our community best exemplifies Dr.
King's dream of equality, justice and brotherhood. This year's honoree exemplifies Dr. Martin
Luther King's spirit of equality and legacy of service. She has managed one of our most important
city departments and worked diligently and creatively to expand its services to our city staff and
citizens. Always down to earth and humble, she works diligently every day to help Fayetteville
citizens who have questions about our government. She helps citizens and staff to locate important
city documents, ordinances and historic records. She ensures all important city documents are
safely stored and indexed. She accurately reports and maintains the records for every City Council
meeting. She led the effort to put our City Council meetings on the internet live.
City Clerk Sondra Smith has served our city and citizens as City Clerk Treasurer since February
of 2003. I have worked closely with Sondra and can attest to her servant leadership, integrity and
kindness to all who visit the City Clerk office. Sondra has served with distinction and dedication,
not only here in Fayetteville, but as a state wide leader for the Arkansas Municipal League and the
Arkansas City Clerk Association. Sondra has worked to become an International and Arkansas
Certified Municipal Clerk. Sondra serves our community. For many years she has worked at the
Senior Center. She is active in her church and its community outreach efforts. Sondra is a glowing
example of how the Golden Rule should not just be preached, but lived.
Mr. Williams presented the Dr. Martin Luther King Jr. Brotherhood award to Sondra Smith, City
Clerk Treasurer.
City Clerk Sondra Smith: It has been an honor and privilege to serve the citizens of the City of
Fayetteville. I look forward to doing it as many more years as the city will have me. Thank you.
State of the City Address - Mayor Lioneld Jordan
Mayor Lioneld Jordan read the State of the City Address.
A copy is attached.
Agenda Additions: None
Consent:
Approval of the January 6, 2015 City Council meeting minutes.
Approved
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City Council Meeting Minutes
January 20, 2015
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RJN Group, Inc. Sanitary Sewer Evaluation Study: A resolution to approve a contract with
RJN Group, Inc. in the amount of $891,251.00 for a Sanitary Sewer Evaluation Study for Basins
SFM-05 and SFM-18/19, and an amount not to exceed $225,000.00 for the design of recommended
improvements identified by the study.
Resolution 06-15 as recorded in the office of the City Clerk
Garver, LLC Professional Engineering Services Agreement: A resolution to approve a
Professional Engineering Services Agreement with Garver, LLC in an amount not to exceed
$149,900.00 for engineering design and construction observation for the painting of the exterior
and interior of the 5 million gallon Baxter Water Tank and the Mount Sequoyah Water Tank, and
for the demolition and sale of the 1 million gallon Baxter Water Tank.
Resolution 07 -15 as recorded in the office of the City Clerk
Bid #15-01 Asphalt Striping Service, LLC: A resolution to award Bid #15-01 and authorize the
purchase of reflectorized paint markings from Asphalt Striping Service, LLC in variable amounts
for the Transportation Division as needed through the end of 2015.
Resolution 08 -15 as recorded in the office of the City Clerk
Bid #15-02 Curb and Gutter Construction Purchase: A resolution to award Bid #15-02 and
authorize the purchase of curb and gutter construction from Fochtman Enterprises, Inc. as a
primary supplier and Tomlinson Asphalt as secondary supplier in variable amounts as needed
through the end of calendar year 2015, and to authorize the use of other bidders based on price and
availability.
Resolution 09 -15 as recorded in the office of the City Clerk
Bid #15-03 Hillside Gravel Purchase: A resolution to award Bid #15-03 and authorize the
purchase of hillside gravel from Les Rogers, Inc as primary supplier and Sweetser Construction as
secondary supplier for materials picked up, and from Sweetser Construction as primary supplier
and Les Rogers, Inc. as secondary supplier for materials delivered for variable unit prices as needed
through the end of calendar year 2015.
Resolution 10 -15 as recorded in the office of the City Clerk
Bid #15-04 S&R Trucking Truck Hauling Services: A resolution to award Bid 415-04 and
authorize the purchase of truck hauling services from S&R Trucking for variable unit prices and
to authorize the use of other bidders based on price and availability as needed through the end of
calendar year 2015.
Resolution 11-15 as recorded in the office of the City Clerk
Bid #15-05 Concrete Purchase: A resolution to award Bid #15-05 and authorize the purchase of
concrete from Tune Concrete Company as primary supplier and APAC-Central as secondary
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City Council Meeting Minutes
January 20, 2015
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supplier in variable amounts and to authorize the use of other bidders based on price and
availability as needed through the end of calendar year 2015.
Resolution 12 -15 as recorded in the office of the City Clerk
Bid #15-06 Aggregate Materials Purchase: A resolution to award Bid #15-06 and authorize the
purchase of aggregate materials for varying unit prices from various vendors, as needed through
the end of calendar year 2015.
Resolution 13 -15 as recorded in the office of the City Clerk
Bid #15-08 Plastic Drainage Pipe Purchase: A resolution to award Bid #15-08 and authorize the
purchase of Plastic Drainage Pipe for varying unit prices from various vendors, as needed through
the end of calendar year 2015.
Resolution 14 -15 as recorded in the office of the City Clerk
Bid #15-09 Concrete Drainage Pipe Purchase: A resolution to award Bid #15-09 and authorize
the purchase of Concrete Drainage Pipe from Scurlock Industries as primary supplier and Hanson
Pipe as secondary supplier for varying unit prices as needed through the end of calendar year 2015.
Resolution 15 -15 as recorded in the office of the City Clerk
Bid #15-10 Topsoil Purchase: A resolution to award Bid #15-10 and authorize the purchase of
topsoil from Les Rogers, Inc. in the amount of $12.40 per cubic yard in variable amounts as needed
through the end of calendar year 2015.
Resolution 16 -15 as recorded in the office of the City Clerk
Bid #15-I1 Flint Trading, Inc.: A resolution to award Bid -#15-11 and authorize the purchase of
preformed thermoplastic pavement markings from Flint Trading, Inc. for varying unit prices as
needed through the end of calendar year 2015.
Resolution 17 -15 as recorded in the office of the City Clerk
Bid #15-12 Retaining Wall Blocks Purchase: A resolution to award Bid #15-12 and authorize
the purchase of retaining wall blocks from Arrowhead Precast, LLC as primary supplier and
Industrial Precast, Inc. as secondary supplier in variable amounts as needed through the end of
calendar year 2015.
Resolution 18 -15 as recorded in the office of the City Clerk
Bid #15-14 Waste Disposal Services for Construction Debris: A resolution to award Bid #15-
14 and authorize the purchase of waste disposal services for construction debris from S&R
Trucking Winslow, LLC and Holtzclaw Excavating, Inc. In the amount of $10.00 per load as
needed through the end of calendar year 2015.
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City Council Meeting Minutes
January 20, 2015
Page 5 of 11
Resolution 19 -15 as recorded in the office of the City Clerk
Environmental Consulting Operations, Inc., Amendment No. 1 and One Year Renewal: A
resolution to approve Amendment No. 1 to the contract with Environmental Consulting
Operations, Inc. for wetlands mitigation site monitoring and management and to authorize an
extension of the amended contract through 2015 in the amount of $50,766.00.
Resolution 20 -15 as recorded in the office of the City Clerk
Plante and Moran, PLLC: A resolution to approve an extension to the contract with Plante and
Moran, PLLC for information technology services through June 5, 2015 in the amount of
$90,090.00, and to approve a budget adjustment.
Resolution 21-15 as recorded in the office of the City Clerk
Gordon Long Park Trailhead - Tap Revenue: A resolution to express the willingness of the
City of Fayetteville to utilize federal -aid funds for construction of restrooms and expanded parking
at Gordon Long Park, and to approve a budget adjustment in the amount of $260,000.00.
Resolution 22 -15 as recorded in the office of the City Clerk
Amend the 2015 Adopted Budget: A resolution to amend the 2015 Adopted Budget by
reappropriating $86,181,388.00 in bonded or ongoing capital projects, outstanding obligations and
grant funded items.
Resolution 23 -15 as recorded in the office of the City Clerk
Alderman Long moved to accept the Consent Agenda as read. Alderman Gray seconded the
motion. Upon roll call the motion passed unanimously.
Unfinished Business:
RZN 14-4864 Koutroumbis Appeal: An ordinance rezoning that property described in Rezoning
Petition RZN 14-4864, for approximately 0.26 acres, located at 232 West Ash Street from RSF-4,
Residential Single Family, 4 units per acre, to RMF -24, Residential Multi -Family, 24 units per
acre. This Ordinance was left on the first reading at the January 6, 2015 City Council
Meeting.
City Attorney Kit Williams: The applicant requested this to not be heard tonight. We could go
to the second reading.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman
Tennant seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
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City Council Meeting Minutes
January 20, 2015
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This ordinance was left on the Second Reading.
Amend Chapters 151, 161, 162 and 166 (ADM 14-4896 UDC Amendment Small -Scale
Production): An ordinance amending Title IV: Unified Development Code of the City of
Fayetteville, to Amend Chapters 151, 161, 162 and 166 to create a new use unit for small scale
production including boutique and specialty manufacturing and to place this new use unit in
appropriate zoning designations. This ordinance was left on the first reading at the January 6,
2015 City Council meeting.
Alderman Long moved to suspend the rules and go to the second reading. Alderman Marsh
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance.
Alderman Petty moved to suspend the rules and go to the third and final reading. Alderman
Marsh seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5735 as Recorded in the office of the City Clerk
New Business:
Asphalt Materials Purchase:. An ordinance to waive the requirements of formal competitive
bidding during calendar year 2015 for the purchase of asphalt materials for use by the
Transportation Division, but to require informal quarterly bids or quotes.
City Attorney Kit Williams read the ordinance.
Terry Gulley, Transportation Director gave a brief description of the ordinance.
Alderman La Tour: Do you think doing it on a quarterly basis would protect us from paying too
much for asphalt?
Terry Gulley: We started this several years ago because we were wanting to lock it in for the
year. We would bid it competitively once a year. There is not a lot of fluctuation. This is the best
way for us to be able to manage it, instead of being locked in on one particular year.
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City Council Meeting Minutes
January 20, 2015
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Alderman Tennant moved to suspend the rules and go to the second reading. Alderman
Marsh seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman
Marsh seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5736 as Recorded in the office of the City Clerk
ESRI, Inc. Enterprise License Agreement: An ordinance to waive the requirements of formal
competitive bidding and approve a three year enterprise license agreement with ESRI, Inc. in the
amount of $150,000.00 payable in installments of $50,000.00 per year for Geographic Information
System software.
City Attorney Kit Williams read the ordinance.
Greg Mitchell, GIS Coordinator gave a brief description of the ordinance.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman Marsh
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman
Marsh seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5 73 7 as Recorded in the office of the City Clerk
Repeal and Replace Title V Public Works and Amend Chapter 51. and Chapter 10: An
ordinance to repeal and replace Title V Public Works, Article III Discharge and Pretreatment
Regulations; to Amend § 51.137 Monthly Sewer Rates; to Amend § 51.138 Definitions Pertaining
to Water and Sewer Rates; to Amend § 51.999 Penalty; and to Amend § 10.99 General Penalty of
the Fayetteville Code.
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City Council Meeting Minutes
January 20, 2015
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City Attorney Kit Williams read the ordinance.
Denise Georgiou, Pretreatment Coordinator gave a brief description of the ordinance.
Alderman Kinion: This has been through the Water, Sewer & Solid Waste Committee. Thank
you Denise for meeting the expectations of the ADEQ. The committee brought this forward with
the committee's approval.
Alderman Marsh: Do we have to do the holding period for public comment on this?
City Attorney Kit Williams: We do need to do that. There is only a few items that might be a
raise in sewer fees. It would be safer to wait the 30 days to make sure we do not violate state law.
This ordinance was left on the First Reading
Enact Article III Procedure to Exercise Initiative and Referendum Rights of Chapter 36:
Elections: An ordinance to enact Article III Procedure to Exercise Initiative and Referendum
Rights of Chapter 36: Elections into the Fayetteville Code to clarify the proper procedure for the
citizens' right of the initiative and referendum.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams briefly explained why he brought this ordinance forward.
Mr. Williams stated the reason he placed responsibility to review and certify or correct a proposed
referendum petition upon the City Attorney, is to hopefully prevent a legally improper petition
from being circulated and later being either rejected by the court or having to be recirculated
because of some mistake.
I would hope that you would leave this particular ordinance on the first reading and also leave it
on the second reading to see if what I believe will happen in the state legislature will actually
happen which is an Act that will prohibit us from addressing Civil Rights in the future.
Alderman Tennant: There was mention of taking this to Ordinance Review at some point and
Kit, you said you were not in any particular hurry. We have Ordinance Review coming up, but we
have a full agenda. I had planned on suggesting this go to a future Ordinance Review anyway. Kit,
you are suggesting we wait until the legislature session?
City Attorney Kit Williams: If we can wait until the second meeting in February, I think by then
we will probably know if the Act has been passed or we will hear about the Act.
A discussion followed about the timeline for discussing the proposed ordinance at the Ordinance
Review Committee meeting.
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City Council Meeting Minutes
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Alderman Long: The way this is written, it impacts all future initiatives and referendum elections.
Why are we waiting on what happens with the Civil Rights at the state level?
City Attorney Kit Williams: The reason I waited and didn't propose this any earlier is because
I did not want to get this involved with any other kind of issue. This does affect all future
referendums and initiatives and should be viewed as that and not as a part of some other issue. I
felt that the other issue probably is not going to be possible anyway. It would have been potentially
possible if we had taken it up almost immediately. That did not happen and so it's probably too
late to even move in that direction. I think the legislature will be quicker than we would be. That
is why I thought we should leave it on the first reading. It's really going to affect only other future
ordinances and issues.
Mayor Jordan: As the sponsor of the ordinance, you recommend we at least go through all three
readings?
City Attorney Kit Williams: Yes.
Alderman Marsh: This isn't about the Civil Rights ordinance. This is about any referendum so
I am not sure why we need to wait. What you have drafted is a clear cut and expedient process for
handling this. It's consistent with existing precedent of state and county laws. It has this great
system of allowing the Circuit Court to provide appropriate checks and balances. I don't
understand why we are waiting on the legislature. We need this clarity before any other issue
arises.
Alderman Long: Was this written because of the Civil Rights referendum petition? If it is, then
we shouldn't even be talking about it.
City Attorney Kit Williams: It was written because of the confusion that became apparent during
the Civil Rights referendum process and the litigation we suffered. That is what brought it to my
attention. In response to Alderman Marsh, it's very rare we have a referendum. I don't see
anything right now that looks very controversial. There is no real reason to try to move it along
real fast. I would rather we take our time.
Alderman La Tour: I appreciate the City Attorney's consideration of the people of our city and
wanting to help in the petition process by assisting in drafting a more appropriate title. Political
winds change. Mr. Williams gave his assurance he would be fair, but we don't know about the
person after him. This ordinance places the City Attorney in a strong position to delay the acquiring
of signatures. Having gone through the Chapter 119 petition process, timing is very important.
When the City Council enacts an Act that makes people upset, that level of emotion dissipates with
the passage of time. If we were to wait six weeks to three months before we start the petition
process, circulating for signatures, most people would have gotten on with their lives and would
not be interested as much as in that initial staff when enacted by the City Council.
We are giving the City Attorney's office the authority to change the wording of the title of the
petition itself. If we want to pattern after the state petition process, why don't we give that authority
to the Attorney General who would not necessarily be biased? We could make the City Attorney's
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City Council Meeting Minutes
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Page 10 of 11
proposed changes, merely proposals, leaving the initiative with the people who are bringing the
petition process.
Alderman Marsh: Our City Attorney is elected by our people. They are directly accountable to
the people. They don't work for the administration. The time to do this is when we don't see any
controversial legislature on the horizon and that would be now.
Alderman La Tour: I agree the City Attorney is elected. A lot of damage can be done in three or
four years before the next election cycle. Recall petitions are very rare and rarely successful. I
would like to keep the movement with the people and not bring it to a public official before it goes
to the people. Timing is very important for a successful petition campaign. The proposal is a two
day delay, but if the people don't like the changes, we have to go to Circuit Court. As a practicing
attorney, I can file motion upon motion. I can make it last in court six months.
City Attorney Kit Williams: If you practice in Arkansas, you would realize an election contest
is always handled very quickly. As you can see from the last case we had, we got to Judge Lindsey
very quickly with the decision. It did not last for months or even weeks. This is what would happen
in this particular case. We can't order the Attorney General to review one of our referendum
petitions. He doesn't work for us. He is a state officer and he reviews state initiated acts and
referendums and determines if they are acceptable. The reason I placed any duties on the City
Attorney is because the City Attorney should have some familiarity with this law, where many
other people would not. The City Attorney is in a fine position to help the citizens of Fayetteville,
who he does work for, in order to get their referendums done correctly.
A discussion followed about the appropriate person to review municipal referendums.
Alderman Kinion: We are trying to prevent litigation against the city by clarifying a procedure.
We know from recent activity, we were exposed to litigation because of unclear codification
regarding the situation we were faced with. I'm not in a hurry to do this. I want to do it the right
way. We are looking at the opportunity in the future to prevent any confusion. The urgency is to
look at this fairly, without bias towards any single issue and to be certain that the forward
movement of any repeal has a fair and well outlined path to take.
Alderman La Tour continued to reiterate that he would like the City Attorney to have the role of
making suggestions, instead of taking an authoritative role.
City Attorney Kit Williams advised that the proposed ordinance needed to go to the Ordinance
Review Committee.
A discussion followed about the procedural process of the Ordinance Review Committee.
Alderman Gray: No matter what happens about the Civil Rights issue, it's not going to change
this?
City Attorney Kit Williams: It would not change my recommendation.
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Alderman Tennant discussed the timeline for the Ordinance Review Committee's agenda.
Mayor Jordan explained the rules of public comment.
Loraine O'Neal, 3001 West Wedington stated she felt it needed to be addressed and should go to
the Ordinance Review Committee. She believes it is a good thing to allow time to pass so citizens
can read and understand what is being proposed.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman Marsh
seconded the motion. Upon roll call the motion failed 3-5. Alderman Gray, Marsh and
Kinion voting yes. Alderman Tennant, Schoppmeyer, La Tour, Long, and Petty voting no.
This ordinance was left on the First Reading
Announcements:
Don Marr, Chief of Staff: There will be an Ordinance Review Committee meeting on January
21, 2015 at 2:00 p.m. at City Hall in Room 326 to review the Scooter Insurance ordinance.
The Christmas tree pickup is continuing through January 31, 2015.
The Compost Facility winter hours are Tuesday and Thursday from 8:00 a.m. to 3:00 p.m. and the
first Saturday of each month.
Mr. Marr explained the process for virtual stickers in regards to garbage bags.
Mayor Jordan announced he would be attending the United States Conference of Mayors
meeting.
Alderman Long: There will be a Ward 4 meeting on January 26, 2015 at 6:00 p.m. at City Hall
in Room 111.
Adjournment: 7:32 p.m.
City Council Aeenda Session Presentations: None
City Council Tour: None
Lioneld Jorda yor Sondra E. Smith, City Clerk/Treasurer
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