HomeMy WebLinkAbout2016-02-02 - 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
February 2, 2016
City Council Meeting Minutes
February 2, 2016
Page 1 of 9
Alderman Justin Tennant
Ward 3 Position 1
Alderman Martin W. Schoppmeyer, Jr.
Ward 3 Position 2
Alderman John La Tour
Ward 4 Position 1
Alderman Alan T. Long
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on February 2, 2016 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, Mark Kinion, Matthew Petty, Justin
Tennant, Martin Schoppmeyer, John La Tour, Alan Long, Mayor Lioneld Jordan, City
Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Barrett Saber Proclamation
Mayor Jordan read the proclamation and presented Barrett Baber a key to the City of Fayetteville.
Mayor Jordan stated he is a great citizen and friend to the city. He stated Barrett Baber has served
the community as an educator and has inspired young minds to dare to dream through artistic
expression.
Barrett Baber, Musician: It has been an incredible journey for me the last six months. One of the
most gratifying and humbling parts of the journey has been to represent the people of the City of
Fayetteville in a way that made them proud. I'm so glad that the people of the City of Fayetteville,
the people of Northwest Arkansas, and the people of Arkansas took ownership of my success. It
shows the kind of place that we live and the people that live here. I am really proud to call this
place my home. Thank you and I am grateful for this honor.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
February 2, 2016
Page 2 of 9
Citv Council Meeting Presentations, Reports, and Discussion Items: None
Agenda Additions: None
Consent:
Mayor Jordan stated Alderman La Tour would like to pull the Gulf Coast High Intensity Drug
Trafficking Area Funding item from Consent for discussion.
Approval of the January 19, 2016 City Council Meeting Minutes.
Approved
Animal Services Donation Revenue: A resolution to approve a budget adjustment in the amount
of $21,573.00 representing donation revenue to Animal Services received during the third and
fourth quarters of 2015.
Resolution 32-16 as recorded in the office of the City Clerk
Lewis Automotive Group of Fayetteville: A resolution to approve the purchase of a 2016 Dodge
Ram 1500 Tradesman Quad Cab 4x4 from Lewis Automotive Group of Fayetteville in the amount
of $22,995.00, pursuant to a state procurement contract, for use by the Engineering Division.
Resolution 33-16 as recorded in the office of the City Clerk
Bid #16-18 Utility Service Company, Inc.: A resolution to award Bid #16-18 and authorize a
contract with Utility Service Company, Inc. in the amount of $1,133,510.00 for the Baxter and
Mount Sequoyah Tank Rehabilitation improvements Project, to approve a project contingency in
the amount of $113,351.00, and to approve a budget adjustment.
Resolution 34-16 as recorded in the office of the City Clerk
Environmental Consulting Operations, Inc. Amendment No. 2: A resolution to approve
Amendment No. 2 to the contract with Environmental Consulting Operations, Inc. in the amount
of $50,000.00 for wetlands mitigation site monitoring and management through 2016.
Resolution 35-16 as recorded in the office of the City Clerk
KEE, LLC and Servpro of Fayetteville/Springdale: A resolution pursuant to Fayetteville Code
of ordinances Section 39.10(C)(4) to authorize the Mayor to pay the amount of $11,695.64 to KEE,
LLC and $5,290.40 to Servpro of Fayetteville/Springdale for a wastewater damage claim arising
at 620 N. Rockcliff Road.
Resolution 36-16 as recorded in the office of the City Clerk
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
February 2, 2016
Page 3 of 9
Precision Rescue, LLC Donation Revenue: A resolution to approve a budget adjustment in the
amount of $200.00 representing donation revenue from Precision Rescue, LLC to the Fayetteville
Fire Department for the annual employee service awards event.
Resolution 37-16 as recorded in the office of the City Clerk
Fayetteville Firefighters Association Donation Revenue: A resolution to approve a budget
adjustment in the amount of $750.00 representing donation revenue from the Fayetteville
Firefighters Association to the Fayetteville Fire Department for the annual employee service
awards event.
Resolution 38-16 as recorded in the office of the City Clerk
Grant Thornton LLP: A resolution to approve a contract with Grant Thornton LLP in the amount
of $97,500.00 to provide independent audit services to the City of Fayetteville.
Resolution 39-16 as recorded in the office of the City Clerk
Pacific Vet Group -USA, Inc.: A resolution to approve a budget adjustment for 2015 to
appropriate the non-cash repurchase of approximately 24 acres in the Fayetteville Commerce
District from Pacific Vet Group -USA, Inc.
Resolution 40-16 as recorded in the office of the City Clerk
Frank Sharum Landscape Design, Inc.: A resolution to award Bid #16-17 and authorize a
contract with Frank Sharum Landscape Design, Inc. in the amount of $148,743.00 for the
installation of trees and shrubs within the medians of Crossover Road and Van Asche Drive, and
to approve a project contingency in the amount of $15,000.00.
Resolution 41-16 as recorded in the office of the City Clerk
Ewing Signal Construction, LLC: A resolution to approve a contract with Ewing Signal
Construction, LLC of Nixa, Missouri in the amount of $100,041.50 for the construction of a traffic
signal at the intersection of Van Asche Drive and Garland Avenue (Highway 112), and to approve
a project contingency in the amount of $10,000.00.
Resolution 42-16 as recorded in the office of the City Clerk
Arkansas Highway and Transportation Department: A resolution to approve a payment of
$359,587.42 to the Arkansas Highway and Transportation Department for the design and
construction of the Highway 45/01d Wire Road Signal and Intersection Improvements Project.
Resolution 43-16 as recorded in the office of the City Clerk
Gulf Coast High Intensity Drug Trafficking Area Funding: A resolution to approve a budget
adjustment recognizing funding from the Gulf Coast High Intensity Drug Trafficking Area in the
amount of $136,992.00 for the Police Department.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
February 2, 2016
Page 4 of 9
Removed from the Consent Agenda for discussion
Alderman Marsh moved to accept the Consent Agenda as read with Gulf Coast High
Intensity Drug Trafficking Area Funding removed from the Consent Agenda for discussion.
Alderman Long seconded the motion. Upon roll call the motion passed unanimously.
The Gulf Coast High Intensity Drug Trafficking Area Funding item was pulled from Consent
for discussion.
Gulf Coast High Intensity Drug Trafficking Area Funding: A resolution to approve a budget
adjustment recognizing funding from the Gulf Coast High Intensity Drug Trafficking Area in the
amount of $136,992.00 for the Police Department.
Alderman La Tour: I pulled this item to give a citizen a chance to speak.
Greg Tabor, Chief of Police gave a brief description of the resolution.
Alderman La Tour: Is this money funding salaries or buying vehicles?
Greg Tabor: It funds officer overtime, there is an allowance for two vehicles, and allows for the
purchase of evidence and information.
Chris Deile, Citizen: I am concerned about the public safety as it relates to the issue and
specifically of people being court ordered to Alcoholics Anonymous or Narcotics Anonymous. It
hasn't stopped DUI's. I don't think the punishment is severe enough. We need more severe laws.
When court ordered people come to Alcoholics Anonymous they are told it is a spiritual program,
but not religious. It in fact is religious. Alcoholics Anonymous is helpful in many respects, but
religion is used in an infusive manner.
Alderman Tennant moved to approve the resolution. Alderman Long seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 4446 as recorded in the office of the City Clerk
Unfinished Business: None
New Business:
In -House Pavement Improvements Project: A resolution to approve a budget adjustment
reappropriating funds in the amount of $500,000.00 from the Willow Bend Development Cost
Share Project to the In -House Pavement Improvements Project for 2016.
Paul Becker, Chief Financial Officer gave a brief description of the resolution.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov
City Council Meeting Minutes
February 2, 2016
Page 5 of 9
Mayor Jordan: Did this go through the Transportation Committee?
Alderman Petty: Yes, it did. We reviewed it in detail and there was unanimous support for it.
Mayor Jordan asked Alderman La Tour if he would like to speak on the item.
Alderman La Tour stated that if a lot of money is being spent, he would like for it to be discussed
in a public forum instead of placing the item under the Consent section on the agenda.
Alderman Gray: I am delighted for us to do anything we can to help this project move forward.
Alderman Petty moved to approve the resolution. Alderman Marsh seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 45-16 as recorded in the office of the City Clerk
Rescue Phone, Inc.: An ordinance to waive the requirements of formal competitive bidding and
authorize the purchase of a Crisis Response System from Rescue Phone, Inc. in the amount of
$22,985.00 plus applicable taxes for use by the Police Department, and to approve a budget
adjustment.
City Attorney Kit Williams read the ordinance.
Greg Tabor, Chief of Police gave a brief description of the ordinance.
Alderman Marsh moved to suspend the rules and go to the second reading. Alderman
Schoppmeyer seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Marsh moved to suspend the rules and go to the third and final reading.
Alderman Long 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 5844 as recorded in the office of the City Clerk
RZN 15-5268 (North of 812 S. College Ave./Cameron): An ordinance to rezone that property
described in Rezoning Petition RZN 15-5268 for approximately 0.53 acres located north of 812
South College Avenue from NC, Neighborhood Conservation to RSF-18, Residential Single
Family, 18 units per acre.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
February 2, 2016
Page 6 of 9
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Staff is
recommending approval. The Planning Commission recommended in favor 9-0 of the rezoning.
Alderman Petty: I will be recusing from this vote. I filed this application and one of the owners
of the property will be here tonight to answer your questions.
Zara Niederman, Owner: I am available for any questions you may have.
Alderman Marsh moved to suspend the rules and go to the second reading. Alderman
Tennant seconded the motion. Alderman Petty recused. Upon roll call the motion passed
7-0.
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. Alderman Petty recused. Upon roll call the motion passed 7-0.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Alderman Petty recused. Upon roll call the
motion passed 7-0.
Ordinance 5845 as recorded in the office of the City Clerk
VAC 15-5277 (327 S. West Ave./Habitat for Humanity, Washington County): An ordinance
to approve VAC 15-5277 submitted by Specialized Real Estate, Inc. for property located at 327
South West Avenue to vacate portions of street and alley rights-of-way.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Staff
and the Planning Commission are recommending approval.
Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Petty
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Tennant moved to suspend the rules and go to the third and final reading.
Alderman La Tour seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
February 2, 2016
Page 7 of 9
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5846 as recorded in the office of the City Clerk
VAC 15-5279 (660 W. MLK Blvd./Walmart Neighborhood Market): An ordinance to approve
VAC 15-5279 submitted by CEI Engineering Associates, Inc. for property located at 660 West
Martin Luther King Boulevard to vacate portions of utility easements.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Staff
and the Planning Commission are recommending approval.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman Petty
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Long moved to suspend the rules and go to the third and final reading, Alderman
Tennant 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 5847 as recorded in the office of the City Clerk
VAC 15-5281 (1211 W. James St./Haven Campus Communities): An ordinance to approve
VAC 15-5281 submitted by Blew and Associates, Inc. for property located at 1211 West James
Street to vacate portions of utility and drainage easements.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Staff
and the Planning Commission are recommending approval.
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.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
February 2, 2016
Page 8 of 9
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 5848 as recorded in the office of the City Clerk
ADM 15-5270 (Southwest Corner of Persimmion and Mountain Ranch/Parkhill at Mountain
Ranch PZD Modification): An ordinance to modify R-PZD, Residential Planned Zoning District
12-4284 (Parkhill at Mountain Ranch) to slightly reduce the total area and the number of lots and
to replace an alley with shared driveways.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Staff
and the Planning Commission are recommending approval.
Alderman Long requested an explanation of replacing an alley with shared driveways.
Dave Jorgensen, Jorgensen & Associates: The reason for the revision to the PZD is that originally
the owner had planned on taking the rear of some of the lots in Mountain Ranch Phase I. The new
revision makes our west boundary line conform to the east boundary line of Mountain Ranch Phase
I. This reduced that amount of property and also reduced the amount of lots that we have on there.
In addition, we had complaints from some of the neighbors that they would prefer not to have an
alley running the length of the property.
Alderman La Tour: Is it shared because everybody on that property line is going to be using the
same driveway?
Dave Jorgensen: Correct.
Alderman La Tour: Does that become cumbersome at some point?
Dave Jorgensen: Sometimes it can be.
City Attorney Kit Williams: There are several shared driveways planned for this, aren't there?
Dave Jorgensen: Yes, on the new version. It is shared by two houses in the case of one or two of
them and three houses in the other case. This is an access and utility easement. Problems can arise
for a shared drive.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
February 2, 2016
Page 9 of 9
Alderman La Tour: Anybody who purchases in this development understands that they are
taking it with a shared driveway.
Dave Jorgensen: Absolutely.
Alderman Long: There will be adequate parking for each house?
Dave Jorgensen: Yes.
Alderman Petty 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 Marsh moved to suspend the rules and go to the third and final reading.
Alderman Tennant 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 5849 as recorded in the office of the City Clerk
Announcements:
Alderman Gray: There will be a Ward 1 meeting on February 4, 2016 at the Senior Center.
Jeremy Pate encouraged residents to fill out the Economic Development Strategic Plan survey
that can be found on the city website.
City Council Agenda Session Presentations: None
City Council Tour: None
jAd*ou meat: 6:15 p.m.
neld J an, ayor Sondra E. Smith, City Clerk Treasurer
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov