HomeMy WebLinkAbout2017-02-07 - Agendas - Archive Alderman Adella Gray Alderman Justin Tennant
Ward 1 Position 1
m Ward 3 Position 1
Alderman Sarah Marsh Alderman Sarah Bunch
Ward 1 Position 2
Ward 3 Position 2
Alderman Mark Kinion Alderman John La Tour
Ward 2 Position 1
Ward 4 Position 1
Alderman Matthew Petty
Ward 2 Position 2 Alderman Alan T.Long
Mayor Lioneld Jordan Ward 4 Position 2
City Attorney Kit Williams
City Clerk Sondra E. Smith
City of Fayetteville Arkansas
City Council Meeting
February 7, 2017
A meeting of the Fayetteville City Council was held on February 7,2017 at 5:30 p.m.in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports, and Discussion Items.
1. ORT-Ozark Regional Transit - Semi-Monthly Report
APPROVED.
2. Fayetteville Natural Heritage Association Check Presentation
APPROVED.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
3. Kessler Mountain Regional Park Rotary Playground Project Presentation -
Presented by Rotary Club President Harrison Pittman
APPROVED.
Agenda Additions
A. Consent:
1. Approval of the January 17, 2017 City Council Meeting Minutes.
Approved
2. BID NO. 16-65 J.A. RIGGS TRACTOR COMPANY: A resolution to award Bid No.
16-65 and authorize the purchase of a Genie 5-45 Telescopic Boom Lift from J.A. Riggs
Tractor Company of Springdale in the amount of $64,710.96 for use at the B iosolids
Management Site.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 32-17
3. BID NO. 16-66 SCRUGGS EQUIPMENT COMPANY: A resolution to award Bid
No. 16-66 and authorize the purchase of an Elgin Crosswind Street Sweeper from
Scruggs Equipment Company of Memphis, Tennessee in the amount of $202,265.00
for use by the transportation services department.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 33-17
4. BID NO. 16-67 SWEETSER CONSTRUCTION, INC.: A resolution to award Bid No.
16-67 and authorize a contract with Sweetser Construction, Inc. in the amount of
$158,422.00 for the construction of a bridge along Salem Road for the Clabber Creek Trail,
and to approve a project contingency in the amount of$7,921.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 34-17
5. SANDERS CREST, INC: A resolution to approve a one year lease agreement with an
option to renew for three additional one year terms with Sanders Crest, Inc. for office
space in the airport terminal building in the amount of$780.16 per month for the first year.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO 35-17
6. FRANKLIN AND SON, INC.: A resolution to award Bid No. 17-21 and approve a
construction contract with Franklin and Son, Inc. of Farmington, Arkansas for the
Airfield Roof Rehabilitation Project at Drake Field in the amount of$378,253.00, and to
approve a project contingency in the amount of$79,374.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 36-17
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
7. BANK OF FAYETTEVILLE DONATION REVENUE: A resolution to approve a
budget adjustment in the amount of$1,000.00 representing donation revenue from the
Bank of Fayetteville to the Fayetteville Fire Department for the annual employee service
awards event.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 37-17
8. C112M HILL ENGINEERS,INC.AMENDMENT NO. 7: A resolution to approve a two
month extension of Amendment No. 7 to the contract with C112M Hill Engineers, Inc.
beginning January 1,2017 and ending February 28,2017 at a cost of$656,019.58 per month
for operations, maintenance and management services.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO 38-17
9. DAVIS LAW FIRM WATER DAMAGE CLAIM : A resolution pursuant to
Fayetteville Code of Ordinances Section 39.10(C)(4) to authorize the Mayor to pay the
amount of$26,759.34 to Davis, Clark,Butt, Carithers & Taylor,PLC for a water damage
claim at 15 and 19 East Mountain Street.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 39-17
10. DANIEL AND MEGAN KELSEY SEWER DAMAGE CLAIM: A resolution
pursuant to Fayetteville Code of Ordinances Section 39.10(C)(4)to authorize the Mayor
to pay the amount of $13,903.57 to Daniel and Megan Kelsey as reimbursement for
damage to their real and personal property in addition to previous payments of$6,587.78
to Servpro for water damage mitigation services, $350.00 to WFC, INC. for bathroom
repair work.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 40-17
11. LAKE SEQUOYAH DREDGING FACILITIES: A resolution to approve a New
Capital Project for continued construction of dredging facilities at Lake Sequoyah, and to
approve a budget adjustment in the amount of$503,242.00 to fund the project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 41-17
12. FAYETTEVILLE RENTALS, LLC : A resolution to approve a 50150 cost share
agreement with Fayetteville Rentals, LLC for construction of a sewer main along a
portion of South Street between South College Avenue and South Washington Avenue
at a total estimated cost of$10,174.86 including a 20%project contingency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 42-17
13. BID NO. 17-22 BLUE RIBBON LAWNS,INC.: A resolution to award Bid No. 17-22
and authorize a contract with Blue Ribbon Lawns, Inc. in the amount of$169,810.24 for
the installation of trees and shrubs within the median of Rupple Road between West
Persimmon Street and West Martin Luther King, Jr. Boulevard, and to approve a project
contingency in the amount of$15,000.00.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 43-17
B. Unfinished Business:
1. PRELIMINARY PLAT 16-5574 (MOUNTAIN VISTA SUBDIVISION) GRANT
APPEAL A resolution to grant the appeal of City C ouncil Member Adella Gray and
to deny preliminary plat 16-5574 (Mountain Vista Subdivision) because such
development would create or compound a dangerous traffic condition in violation of §
166.02 (c)(2)(a)(iv) of the unified development code.
THIS RESOLUTION FAILED AT THE FEBRUARY 7, 2017 CITY COUNCIL
MEETING
C. New Business: None
1. WALTON FAMILY FOUNDATION MATCHING GRANT: A resolution to accept a
Walton Family Foundation matching grant in the amount of $210,000.00 for the
implementation of a portion of the Kessler Mountain Master Trails Plan, to authorize
Mayor Jordan to sign the grant agreement, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 44-17
2. 2017 ENERGY ACTION PLAN: A resolution to express the City Council's support for
the study and development of an energy action plan in 2017
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 45-17
3. CH2M HILL ENGINEERS, INC. AMENDMENT NO. 8: A resolution to approve
amendment No. 8 to the agreement for operations, maintenance and management
services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in
the amount of$7,807,453.00 for services in 2017
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 46-17
4. 21 WEST, LLC COST SHARE: An ordinance to waive the requirements of formal
competitive bidding and approve a cost share agreement with 21 West, LLC for the
installation of sewer main along a portion of Meadow Street between West Avenue and
Gregg Avenue, with the estimated amount to be paid by the City of Fayetteville not to
exceed$36,128.00, and to approve a project contingency in the amount of$7,225.60.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5947
5. CRUSE UNIFORMS AND EQUIPMENT, INC.: An ordinance to waive the
requirements of formal competitive bidding through December 31, 2018 and authorize the
purchase of police service weapons and holsters from Cruse Uniforms and Equipment,Inc.
in the amount of$109,237.00, and to approve a budget adjustment.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5948
6. RZN 16-5677 (3535 E. HUNTSVILLE RD./HARRIS): An ordinance to rezone about
1.27 acres described in rezoning petition 16-5677 located at 3535 East Huntsville Road
from rsf-4, residential single family-four units per acre to r-a,residential agriculture.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO 5949
7. AMEND§164.02 ACCESSORY STRUCTURES AND USES: An ordinance to amend
§164.02 accessory structures and uses of the Unified Development Code to allow the
construction of shared accessory structures.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5950
8. AMEND §151.01 DEFINITIONS AND §174.09 SIGN ILLUMINATION: An
ordinance to amend §151.01 Definitions and §174.09 Sign Illumination of the unified
development code to repeal unneeded definitions and to remove a requirement that sign
illumination in the i-540 overlay district be indirect.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5951
D. City Council Agenda Session Presentations
E. City Council Tour: February 6, 2017 4:30 pm-Preliminary Plat 16-5574.
Announcements
Adjournment: 8:01 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting: February 7,2017 Adjourn:
Subject: Roll
Gray
Marsh
Kinion °
Petty
Tennant -
Bunch -
La Tour
Long r'
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Gray
Marsh
Kinion
Petty
Tennant
Bunch
La Tour
Long
Mayor Jordan
City Council Meeting: February 7,2017
Subject: Consent
Motion To:
Motion By:
Seconded:
A. 1-13 Gray
Marsh '
Kinion �
Petty s
Tennant ,
Bunch
La Tour r`"
Long u.
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Gray
Marsh
Kinion
Petty
Tennant
Bunch
La Tour
Long
Mayor Jordan
City Council Meeting: February 7,2017
Subject: PRELIMINARY PLAT 16-5574 (MOUNTAIN VISTA SUBDIVISION) GRANT APPEAL
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Motion To:
Motion By: �
Seconded:
B. 1 Gray �/ N
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Business Kinion
Petty A/ Al
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Bunch Al
La Tour �,�� 1V
Long Al
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Gray
Unfinished Marsh
Business Kinion
Petty
Tennant
Bunch
La Tour
Long
Mayor Jordan
City Council Meeting: February 7,2017
Subject: WALTON FAMILY FOUNDATION MATCHING GRANT
Motion To:
Motion By:
Seconded: ? .
C. 1 Gray
New Marsh
Business Kinion m n
Pettyti
Tennant
Bunch
La Tour
l� Long
Mayor Jordan
Subject: 2017 ENERGY ACTION PLAN
Motion To:
Motion By:
Seconded: OL 49
C. 2 Gray L-�
New Marsh
Business Kinion v'
Petty �~
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Bunch
La Tour N�
Long
Mayor Jordan
City Council Meeting: February 7,2017
Subject: CH2M HILL ENGINEERS, INC. AMENDMENT NO. 8
Motion To:
v6
Motion By: Ki t'Un
Seconded: L.-7q
C. 3 Gray f
New Marsh p/
Business Kinion
Petty
Tennant
Bunch
La Tour
Long
Mayor Jordan
Subject: 21 WEST, LLC COST SHARE
Motion To: a 3�
6
Motion B
Seconded: E
C. 4 Gray
New Marsh r
Business
Kinion
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Petty
r Tennant
Bunch
La Tour
Long
Mayor Jordan
City Council Meeting: February 7,2017
Subject: CRUSE UNIFORMS AND EQUIPMENT, INC.
Motion To: a/ J 3Y�
Motion By:
Seconded:
C. 5 Gray �.
New Marsh
Business Kinion
Petty :.r ,. W
Tennantn�
Bunch
La Tour "
Lon
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Mayor Jordan
Subject: RZN 16-5677 (3535 E. HUNTSVILLE RD./HARRIS)
Motion To:
Motion By:
Seconded: _• e
C. 6 Gray
New
Marsh
Business Kinion
Petty
ry
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t` Tennant
Bunch Fw
La Tour � �
Long
Mayor Jordan
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City Council Meeting: February 7,2017
Subject: AMEND§164.02 ACCESSORY STRUCTURES AND USES
Motion To: .nol R44-d 3y-d /4
Motion By:
let,
Seconded:
C. 7 Gra
New Marsh
Business Kinion
Petty
Tennant
Ffqp V'A
Bunch
La Tour
Long
Mayor Jordan
Subject: AMEND §151.01 DEFINITIONS AND §174.09 SIGN ILLUMINATION
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Motion To:
Motion By:
Seconded:
C. 8 Gray
New Marsh
Business Kinion
Petty
Tennant
Bunch
La Tour
Long
Mayor Jordan
L)
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
TO: Mayor Jordan Assistant City Attorney
Patti Mulford
THRU: Sondra Smith, City Clerk paralegal
FROM: Kit Williams, City Attorney q,-t-w-/,I
DATE: February 8, 2017
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at
the City Council meeting of February 7,2017
1. A resolution to award bid no. 16-65 and authorize the purchase of a Genie 5-45 telescopic boom
lift from J.A. Riggs Tractor Company of Springdale in the amount of$64,710.96 for use at the
Biosolids Management Site
2. A resolution to award bid no. 16-66 and authorize the purchase of an Elgin Crosswind street
sweeper from Scruggs Equipment Company of Memphis,Tennessee in the amount of$202,265.00
for use by the Transportation Services Department
3. A resolution to award bid no. 16-67 and authorize a contract with Sweetser Construction, Inc.
In the amount of$158,422.00 for the construction of a bridge along Salem Road for the Clabber
Creek Trail, and to approve a project contingency in the amount of$7,921.00
4. A resolution to approve a one year lease agreement with an option to renew for three additional
one year terms with Sanders Crest, Inc. For office space in the airport terminal building in the
amount of$780.16 per month for the first year
5. A resolution to award bid no. 17-21 and approve a construction contract with Franklin and Son,
Inc. Of Farmington, Arkansas for the airfield roof rehabilitation project at Drake Field in the
amount of$378,253.00, and to approve a project contingency in the amount of$79,374.00
6. A resolution to approve a budget adjustment in the amount of$1,000.00 representing donation
revenue from the Bank of Fayetteville to the Fayetteville Fire Department for the annual employee
service awards event
7. A resolution to approve a two month extension of amendment no. 7 to the contract with CH2M
Hill Engineers, Inc. Beginning January 1, 2017 and ending February 28, 2017 at a cost of
$656,019.58 per month for operations, maintenance and management services
8. A resolution pursuant to Fayetteville Code of Ordinances section 39.10(c)(4) to authorize the
mayor to pay the amount of$26,759.34 to Davis, Clark, Butt, Carithers &Taylor, PLC for a water
damage claim at 15 and 19 East Mountain Street
9. A resolution pursuant to Fayetteville Code of Ordinances section 39.10(c)(4) to authorize the
Mayor to pay the amount of$13,903.57 to Daniel and Megan Kelsey as reimbursement for damage
to their real and personal property in addition to payments previously made in the amount of
$6,587.78 to Servpro for water damage mitigation services and $350.00 to WFC, Inc. For
bathroom repair work
10. A resolution to approve anew capital project for continued construction of dredging facilities
at Lake Sequoyah, and to approve a budget adjustment in the amount of$503,242.00 to fund the
proj ect
11. A resolution to approve a 50150 cost share agreement with Fayetteville Rentals, LLC for
construction of a sewer main along a portion of South Street between South College Avenue and
South Washington Avenue at a total estimated cost of $10,174.86 including a 20% project
contingency
12. A resolution to award bid no. 17-22 and authorize a contract with Blue Ribbon Lawns, Inc. In
the amount of$169,810.24 for the installation of trees and shrubs within the median of Rupple
Road between West Persimmon Street and West Martin Luther King,Jr.Boulevard,and to approve
a project contingency in the amount of$15,000.00
13. A resolution to accept a Walton Family Foundation Matching Grant in the amount of
$210,000.00 for the implementation of a portion of the Kessler Mountain Master Trails Plan, to
authorize Mayor Jordan to sign the grant agreement, and to approve a budget adjustment
14. A resolution to express the City Council's support for the study and development of an Energy
Action Plan in 2017
15. A resolution to approve Amendment no. 8 to the agreement for operations, maintenance and
management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc.
In the amount of$7,807,453.00 for services in 2017
16. An ordinance to waive the requirements of formal competitive bidding and approve a cost
share agreement with 21 West, LLC for the installation of sewer main along a portion of Meadow
Street between West Avenue and Gregg Avenue, with the estimated amount to be paid by the City
of Fayetteville not to exceed $36,128.00, and to approve a project contingency in the amount of
$7,225.60
17. An ordinance to waive the requirements of formal competitive bidding through December 31,
2018 and authorize the purchase of police service weapons and holsters from Cruse Uniforms and
Equipment, Inc. In the amount of$109,237.00, and to approve a budget adjustment
2
18. An ordinance to rezone about 1.27 acres described in rezoning petition 16-5677 located at
3535 East Huntsville Road from RSF-4, Residential Single Family-four units per acre to R-A,
Residential Agriculture.
19. An ordinance to amend §164.02 Accessory Structures and Uses of the Unified Development
Code to allow the construction of Shared Accessory Structures
20. An ordinance to amend §151.01 definitions and §174.09 Sign Illumination of the Unified
Development Code to repeal unneeded definitions and to remove a requirement that sign
illumination in the 1-540 overlay district be indirect
3
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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Meeting Agenda - Final Agenda
Tuesday, February 7, 2017
5:30 PM
City Hall Room 219
City Council Meeting
Adella Gray Ward I
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Sarah Bunch Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
ELECTED OFFICIALS:
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City Council Meeting Meeting Agenda-Final Agenda February 7, 2017
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
1. 2017-0031
ORT-OZARK REGIONAL TRANSIT- SEMI-MONTHLY REPORT
2. 2017-0009
FAYETTEVILLE NATURAL HERITAGE ASSOCIATION CHECK PRESENTATION
3. 2017-0042
KESSLER MOUNTAIN REGIONAL PARK ROTARY PLAYGROUND PROJECT
PRESENTATION - PRESENTED BY ROTARY CLUB PRESIDENT HARRISON
PITTMAN
City Council Meeting Presentations,Reports and Discussion Items:
Agenda Additions:
A. Consent:
A. 1 2016-0568
APPROVAL OF THE JANUARY 17,2017 CITY COUNCIL MEETING MINUTES.
A. 2 2017-0011
BID NO. 16-65 J.A.RIGGS TRACTOR COMPANY:
A RESOLUTION TO AWARD BID NO. 16-65 AND AUTHORIZE THE PURCHASE OF
A GENIE S-45 TELESCOPIC BOOM LIFT FROM J.A. RIGGS TRACTOR COMPANY OF
SPRINGDALE IN THE AMOUNT OF $64,710.96 FOR USE AT THE BIOSOLIDS
MANAGEMENT SITE
Attachments: BID NO. 16-65 J.A.RIGGS TRACTOR COMPANY
City of Fayetteville,Arkansas Page 2 Printed on 2/2/2017
City Council Meeting Meeting Agenda-Final Agenda February 7, 2017
A. 3 2017-0010
BID NO. 16-66 SCRUGGS EQUIPMENT COMPANY:
A RESOLUTION TO AWARD BID NO. 16-66 AND AUTHORIZE THE PURCHASE OF
AN ELGIN CROSSWIND STREET SWEEPER FROM SCRUGGS EQUIPMENT
COMPANY OF MEMPHIS, TENNESSEE IN THE AMOUNT OF $202,265.00 FOR USE
BY THE TRANSPORTATION SERVICES DEPARTMENT
Attachments: BID NO. 16-66 SCRUGGS EQUIPMENT COMPANY
A. 4 2016-0639
BID NO. 16-67 SWEETSER CONSTRUCTION,INC.:
A RESOLUTION TO AWARD BID NO. 16-67 AND AUTHORIZE A CONTRACT WITH
SWEETSER CONSTRUCTION, INC. IN THE AMOUNT OF $158,422.00 FOR THE
CONSTRUCTION OF A BRIDGE ALONG SALEM ROAD FOR THE CLABBER CREEK
TRAIL, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$7,921.00
Attachments: BID 16-67 SWEETSER CONSTRUCTION,INC.
A. 5 2017-0038
SANDERS CREST,INC.:
A RESOLUTION TO APPROVE A ONE YEAR LEASE AGREEMENT WITH AN
OPTION TO RENEW FOR THREE ADDITIONAL ONE YEAR TERMS WITH SANDERS
CREST, INC. FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING IN THE
AMOUNT OF $780.16 PER MONTH FOR THE FIRST YEAR
Attachments: SANDERS CREST,INC.
A. 6 2017-0043
FRANKLIN AND SON,INC.:
A RESOLUTION TO AWARD BID NO. 17-21 AND APPROVE A CONSTRUCTION
CONTRACT WITH FRANKLIN AND SON, INC. OF FARMINGTON, ARKANSAS FOR
THE AIRFIELD ROOF REHABILITATION PROJECT AT DRAKE FIELD IN THE
AMOUNT OF $378,253.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $79,374.00
Attachments: FRANKLIN AND SON.INC.
City of Fayetteville,Arkansas Page 3 Printed on 2/2/2017
City Council Meeting Meeting Agenda-Final Agenda February 7, 2017
A. 7 2017-0013
BANK OF FAYETTEVILLE DONATION REVENUE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$1,000.00 REPRESENTING DONATION REVENUE FROM THE BANK OF
FAYETTEVILLE TO THE FAYETTEVILLE FIRE DEPARTMENT FOR THE ANNUAL
EMPLOYEE SERVICE AWARDS EVENT
Attachments: BANK OF FAYETTEVILLE DONATION REVENUE
BA BANK OF FAYETTEVILLE DONATION REVENUE
A. 8 2017-0007
C112M HILL ENGINEERS,INC.AMENDMENT NO.7:
A RESOLUTION TO APPROVE A TWO MONTH EXTENSION OF AMENDMENT NO.
7 TO THE CONTRACT WITH CH2M HILL ENGINEERS, INC. BEGINNING JANUARY
1, 2017 AND ENDING FEBRUARY 28, 2017 AT A COST OF $656,019.58 PER MONTH
FOR OPERATIONS,MAINTENANCE AND MANAGEMENT SERVICES
Attachments: CH2M HILL ENGINEERS,INC.AMENDMENT NO.7:
A. 9 2017-0032
DAVIS LAW FIRM WATER DAMAGE CLAIM:
A RESOLUTION PURSUANT TO FAYETTEVILLE CODE OF ORDINANCES SECTION
39.10(C)(4) TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $26,759.34 TO
DAVIS, CLARK, BUTT, CARITHERS & TAYLOR, PLC FOR A WATER DAMAGE
CLAIM AT 15 AND 19 EAST MOUNTAIN STREET
Attachments: DAVIS LAW FIRM WATER DAMAGE CLAIM
City of Fayetteville,Arkansas Page 4 Printed on 2/2/2017
City Council Meeting Meeting Agenda-Final Agenda February 7, 2017
A. 10 2017-0045
DANIEL AND MEGAN KELSEY SEWER DAMAGE CLAIM:
A RESOLUTION PURSUANT TO FAYETTEVILLE CODE OF ORDINANCES SECTION
39.10(C)(4) TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $13,903.57 TO
DANIEL AND MEGAN KELSEY AS REIMBURSEMENT FOR DAMAGE TO THEIR
REAL AND PERSONAL PROPERTY IN ADDITION TO PAYMENTS PREVIOUSLY
MADE IN THE AMOUNT OF $6,587.78 TO SERVPRO FOR WATER DAMAGE
MITIGATION SERVICES AND $350.00 TO WFC, INC. FOR BATHROOM REPAIR
WORK
Attachments: DANIEL AND MEGAN KELSEY SEWER DAMAGE CLAIM
A. 11 2017-0014
LAKE SEQUOYAH DREDGING FACILITIES:
A RESOLUTION TO APPROVE A NEW CAPITAL PROJECT FOR CONTINUED
CONSTRUCTION OF DREDGING FACILITIES AT LAKE SEQUOYAH, AND TO
APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $503,242.00 TO FUND
THE PROJECT
Attachments: LAKE SEQUOYAH DREDGING FACILITIES
BA LAKE SEQUOYAH DREDGING FACILITIES
A. 12 2017-0048
FAYETTEVILLE RENTALS,LLC:
A RESOLUTION TO APPROVE A 50150 COST SHARE AGREEMENT WITH
FAYETTEVILLE RENTALS, LLC FOR CONSTRUCTION OF A SEWER MAIN ALONG
A PORTION OF SOUTH STREET BETWEEN SOUTH COLLEGE AVENUE AND
SOUTH WASHINGTON AVENUE AT A TOTAL ESTIMATED COST OF $10,174.86
INCLUDING A 20%PROJECT CONTINGENCY
Attachments: FAYETTEVILLE RENTALS,LLC
City of Fayetteville,Arkansas Page 5 Printed on 2/2/2017
City Council Meeting Meeting Agenda-Final Agenda February 7, 2017
A. 13 2017-0040
BID NO. 17-22 BLUE RIBBON LAWNS,INC.:
A RESOLUTION TO AWARD BID NO. 17-22 AND AUTHORIZE A CONTRACT WITH
BLUE RIBBON LAWNS, INC. IN THE AMOUNT OF $169,810.24 FOR THE
INSTALLATION OF TREES AND SHRUBS WITHIN THE MEDIAN OF RUPPLE ROAD
BETWEEN WEST PERSIMMON STREET AND WEST MARTIN LUTHER KING, JR.
BOULEVARD, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$15,000.00
Attachments: BLUE RIBBON LAWNS,INC.
B. Unfinished Business:
B. 1 2016-0674
PRELIMINARY PLAT 16-5574 (MOUNTAIN VISTA SUBDIVISION)GRANT
APPEAL:
A RESOLUTION TO GRANT THE APPEAL OF CITY COUNCIL MEMBER ADELLA
GRAY AND TO DENY PRELIMINARY PLAT 16-5574(MOUNTAIN VISTA
SUBDIVISION) BECAUSE SUCH DEVELOPMENT WOULD CREATE OR COMPOUND
A DANGEROUS TRAFFIC CONDITION IN VIOLATION OF § 166.02 (C)(2)(a)(iv) OF
THE UNIFIED DEVELOPMENT CODE
Attachments: PRELIMINARY PLAT 16-5574(MOUNTAIN VISTA SUBDIVISION)GRANT APP
At the January 3, 2017 City Council Meeting this resolution was tabled to the Febuary 7,
2017 City Council Meeting.
C. New Business:
C. 1 2017-0034
WALTON FAMILY FOUNDATION MATCHING GRANT:
A RESOLUTION TO ACCEPT A WALTON FAMILY FOUNDATION MATCHING
GRANT IN THE AMOUNT OF $210,000.00 FOR THE IMPLEMENTATION OF A
PORTION OF THE KESSLER MOUNTAIN MASTER TRAILS PLAN, TO AUTHORIZE
MAYOR JORDAN TO SIGN THE GRANT AGREEMENT, AND TO APPROVE A
BUDGET ADJUSTMENT
Attachments: WALTON FAMILY FOUNDATION MATCHING GRANT
BA WALTON FAMILY FOUNDATION MATCHING GRANT
City of Fayetteville,Arkansas Page 6 Printed on 2/2/2017
City Council Meeting Meeting Agenda-Final Agenda February 7, 2017
C. 2 2017-0033
2017 ENERGY ACTION PLAN:
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT FOR THE STUDY
AND DEVELOPMENT OF AN ENERGY ACTION PLAN IN 2017
Attachments: 2017 ENERGY ACTION PLAN
C. 3 2017-0029
CH2M HILL ENGINEERS,INC.AMENDMENT NO. 8:
A RESOLUTION TO APPROVE AMENDMENT NO. 8 TO THE AGREEMENT FOR OPERATIONS,
MAINTENANCE AND MANAGEMENT SERVICES BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $7,807,453.00 FOR
SERVICES IN 2017
Attachments: CH2M HILL ENGINEERS,INC.AMENDMENT NO.8
C. 4 2017-0030
21 WEST,LLC COST SHARE:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 21 WEST, LLC FOR
THE INSTALLATION OF SEWER MAIN ALONG A PORTION OF MEADOW STREET
BETWEEN WEST AVENUE AND GREGG AVENUE, WITH THE ESTIMATED
AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED
$36,128.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$7,225.60
Attachments: 21 WEST LLC
C. 5 2017-0012
CRUSE UNIFORMS AND EQUIPMENT,INC.:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING THROUGH DECEMBER 31, 2018 AND AUTHORIZE THE PURCHASE OF
POLICE SERVICE WEAPONS AND HOLSTERS FROM CRUSE UNIFORMS AND
EQUIPMENT, INC. IN THE AMOUNT OF $109,237.00, AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: CRUSE UNIFORMS AND EQUIPMENT,INC.
BA CRUSE UNIFORMS AND EQUIPMENT,INC.
City of Fayetteville,Arkansas Page 7 Printed on 2/2/2017
City Council Meeting Meeting Agenda-Final Agenda February 7, 2017
C. 6 2017-0017
RZN 16-5677(3535 E.HUNTSVILLE RD./HARRIS):
AN ORDINANCE TO REZONE ABOUT 1.27 ACRES DESCRIBED IN REZONING
PETITION 16-5677 LOCATED AT 3535 EAST HUNTSVILLE ROAD FROM RSF-4,
RESIDENTIAL SINGLE FAMILY-FOUR UNITS PER ACRE TO R-A, RESIDENTIAL
AGRICULTURE.
Attachments: RZN 16-5677(3535 E.HUNTSVILLE RWHARRIS)
C. 7 2016-0524
AMEND §164.02 ACCESSORY STRUCTURES AND USES:
AN ORDINANCE TO AMEND §164.02 ACCESSORY STRUCTURES AND USES OF
THE UNIFIED DEVELOPMENT CODE TO ALLOW THE CONSTRUCTION OF
SHARED ACCESSORY STRUCTURES
Attachments: AMEND§164.02 ACCESSORY STRUCTURES AND USES
C. 8 2017-0015
AMEND §151.01 DEFINITIONS AND §174.09 SIGN ILLUMINATION:
AN ORDINANCE TO AMEND §151.01 DEFINITIONS AND §174.09 SIGN
ILLUMINATION OF THE UNIFIED DEVELOPMENT CODE TO REPEAL UNNEEDED
DEFINITIONS AND TO REMOVE A REQUIREMENT THAT SIGN ILLUMINATION IN
THE I-540 OVERLAY DISTRICT BE INDIRECT
Attachments: AMEND§151.01 DEFINITIONS AND§174.09 SIGN ILLUMINATION
D. City Council Agenda Session Presentations:
E. City Council Tour: FEBRUARY 6, 2017 4:30 PM - PRELIMINARY PLAT 16-5574
F. Announcements:
G. Adjournment
City of Fayetteville,Arkansas Page 8 Printed on 2/2/2017
City Council Meeting Meeting Agenda-Final Agenda February 7, 2017
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 then queue behind the podium. When the Mayor or
Chair recognizes you, approach the podium and give 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 at the microphone for discussion of an
agenda item.
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 an Alderman 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.
Old Business and New Business: Presentations by Staff and Applicants: Agenda items 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 an alderman later to answer questions. City staff, City Council
members, and applicants may use electronic visual aids in the City Council meeting as part of the presentation
of the agenda item.
Public Comments: Public comment shall be allowed for all members of the audience on all items of old and new
business and subjects of public hearings. A simple majority of the City Council members, present and voting,
may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present
an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be
allowed; however, the public may submit photos, petitions, etc. to be distributed to the City Council. If a
member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting,
such materials should be supplied to the City Clerk's Office no later than 9:00 A.M. on the day of the City
Council meeting. Any member of the public shall first state his or her name and address, followed by a concise
statement of the person's position on the question under discussion. Repetitive comments should be avoided; this
applies to comments made previously either to the City Council or to the Planning Commission when those
Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the
Mayor or the City Council as a whole and not to any particular member of the City Council. No person other
than the Aldermen and the person having the floor shall be permitted to enter into any discussions without
permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the
Mayor.
City of Fayetteville,Arkansas Page 9 Printed on 2/2/2017
City Council Meeting Meeting Agenda-Final Agenda February 7,2017
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
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.
City of Fayetteville,Arkansas Page 10 Printed on 21212017
City Council Meeting Minutes
January 17,2017
Page 1 of 7
Alderman Adella Gray Alderman Justin Tennant
Ward 1 Position 1
Ward 3 Position 1
Alderman Sarah Marsh Alderman Sarah Bunch
Ward 1 Position 2
Ward 3 Position 2
Alderman Mark Kinion Alderman John La Tour
Ward 2 Position 1
Ward 4 Position 1
Alderman Matthew Petty A erman Alan T.Long
Ward 2 Position 2
Mayor Lioneld Jordan d 4 Position 2
City Attorney Kit Williams
City Clerk Sondra E.SmithBs
City of Fayetteville Arkansas 4,
City Council Meeting
January 17, 2017
A meeting of the Fayetteville City Council was held on January 17,2017 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 Sarah Marsh, Mark Kinion, Matthew Petty, Sarah Bunch, John La
Tour,Mayor Lioneld Jordan, City Attorney Kit Williams,Deputy City Clerk Lisa Branson,
Staff, Press, and Audience.
Alderman Long, Gray, and Tennant were absent.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations, Reports, and Discussion Items:
City Board of Health Appointment Confirmation
Alderman Kinion presented the City Board of Health Appointment Confirmation report. He read
Mayor Jordan's reappointment request for Dr. David Crittenden, Dr. Robert Patton, Don Moore,
Rick Johnson, Shana Kasparek, and Ex-Officio, Mayor Lioneld Jordan. He submitted the
appointments for consideration.
A copy of the report is attached.
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City Council Meeting Minutes
January 17,2017
Page 2 of 7
Alderman Kinion moved to approve the City Board of Health Appointments. Alderman
Marsh seconded the motion. Upon roll call the motion passed 5-0. Alderman Long, Gray,
and Tennant were absent.
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 has exemplified Dr.Martin
Luther King's spirit of equality and legacy of service. She has worked for the last decade to help
those citizens most in need in our community. Her successful efforts are dear to my heart. My
daughter was born six weeks premature and very ill. My daughter's life was saved in part by a
blood transfusion. Most city employees know who has spearheaded every city blood drive for the
past 10 years and that is Bonnie Bolinger, Administrative Assistant in the Mayor's office. Thank
you Bonnie for helping so many of the city's generous blood donors to provide the gift of life.
Bonnie has organized and chaired the city's United Way Campaign for the last decade and has
been instrumental in accomplishing an overall increase in the city's giving. Bonnie has also
organized and chaired the city staff participating in the annual heart walk to raise awareness and
funds for the Heart Association. Bonnie has ensured many city staff have donated and are dressed
in red clothes for the National Wear Red Day to raise awareness of women's heart and stroke
health issues. Bonnie handles many telephone calls and walk in visits from our citizens to the
Mayor's office.Her politeness and tact help keep everything on an even keel in the Mayor's office.
Bonnie's kind and consistent service to our community exemplifies Dr. Martin Luther King's
dream of equality,justice, brotherhood, and service to others and our community. It is my honor
to present the 2017 City of Fayetteville Dr. Martin Luther King Jr. Brotherhood Award to Bonnie
Bolinger.
Mayor Jordan: Thank you, Bonnie. Congratulations and well deserved.
State of the Citv Address -Mayor Lioneld Jordan
Mayor Lioneld Jordan read the State of the City Address.
A copy is attached.
Consent:
Approval of the January 3, 2017 City Council Meeting Minutes.
Approved
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City Council Meeting Minutes
January 17,2017
Page 3 of 7
Creamer Pilot Services Lease Agreement: A resolution to approve a lease agreement with
Creamer Pilot Services, LLC for 276 square feet of office space in the Airport Terminal building
in the amount of $253.00 per month through the end of 2017, after which time the lease shall
automatically renew on a month-to-month basis.
Resolution 28-17 as recorded in the office of the City Clerk
Garver,LLC Task Order No. 7: A resolution to approve Task Order No. 7 with Garver, LLC in
the amount of$49,800.00 for preparation of a Preliminary Engineering Report for the Taxiway B
Widening and Rehabilitation Project, to express the city's willingness to utilize Federal Aviation
Administration funds for the project, and to approve a budget adjustment.
Resolution 29-17 as recorded in the office of the City Clerk
JL Bryson,Inc.Change Order No.2:A resolution to approve Change Order No. 2 to the contract
with JL Bryson,Inc. in the amount of$23,276.00 for additional structural concrete associated with
installation of the BlueInGreen ozone disinfection system at the Noland Wastewater Treatment
Plant, and to approve a budget adjustment. sgga
Resolution 30-17 as recorded in the office of the City Clerk
Alderman Marsh moved to accept the Consent Agenda as read. Alderman Kinion seconded
the motion. Upon roll call the motion passed 5-0. Alderman Long, Gray, and Tennant were
absent.
Unfinished Business:
Amend Chapters 160, 1A4667, and 169: An ordinance to amend Chapters 160,
161, 162, 164, 166, 167, and 169 of the Unified Development Code to create two new zoning
districts: Residential Intermediate - Urban and Neighborhood Services - General and New Use
Unit 12 b. General Business and to make further changes to incorporate these amendments into
the Unified Development Code.At the December 3, 2017 City Council Meeting this ordinance was left
on the first reading.
Alderman Marsh moved to suspend the rules and go to the second reading. Alderman
Kinion seconded the motion. Upon roll call the motion passed 6-0. Mayor Jordan voting
yes. Alderman Long, Gray, and Tennant were absent.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
January 17,2017
Page 4 of 7
Alderman Marsh moved to suspend the rules and go to the third and final reading.
Alderman Kinion seconded the motion. Upon roll call the motion passed 6-0. Mayor Jordan
voting yes. Alderman Long, Gray, and Tennant were absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-0.
Alderman Long, Gray, and Tennant were absent.
Ordinance 5945 as Recorded in the office of the City Clerk
Preliminary Plat 16-5642 (Park Meadows) Grant Appeal: A resolution to grant the appeal of
City Council member Adella Gray and to deny Preliminary Plat 16-5642 (Park Meadows) as
amended pursuant to an agreement between planning and the applicant to extend the left turn lane
on Huntsville. At the December 3, 2017 City Council Meeting this resolution was tabled to the January
17, 2017 City Council Meeting.
Jeremy Pate, Director of Development Services gave a brief description of the resolution. He
spoke about amending the exhibit to have the applicant construct the trail as opposed to the bike
lanes through this turn lane section.
A discussion followed about a trail being constructed.
Alderman Marsh moved to amend the ordinance to include the trail exhibit. Alderman
Kinion seconded the motion. Upon roll call the motion passed 5-0. Alderman Long, Gray,
and Tennant were absent.
Jesse Fulcher, Rausch Coleman: The appeal was an opportunity for us to continue to work with
staff and provide some more information to the neighborhood as well as to the recommended street
improvements. We have continued to work with staff over the last four weeks to work out the
improvements. We have extended the turn lane along Morningside Drive. We are working with
Matt Mihalevich, Trails Coordinator. We felt it would be a better solution over the long term to
look at the trail improvements along our property versus constructing bike lanes. The
improvements are in addition to the money we will be contributing to the hopeful future installation
of a traffic signal at Huntsville and Morningside, as well as the full improvements at Morningside.
The neighbors have had concerns about traffic congestion and speeding along Morningside. Those
are conditions that exist today. It has nothing to do with this development. It is on us as the
development group to figure out how to help that situation.We have been trying through the traffic
study and improvements we have shown on our plans. We can help with speeding on Morningside
Drive by providing on street parking. These are ways to help the situation and not make them
worse. We started this in October and are hopeful we can move forward with this great project for
the area. We have checked every box of the City Plan 2030 goals.
Alderman Kinion: How are we going to move forward with guaranteeing there will be a stoplight
at this intersection?
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City Council Meeting Minutes
January 17,2017
Page 5 of 7
City Attorney Kit Williams: We aren't guaranteeing there will be, because it still has to meet
warrants, which means enough traffic to justify it.
Jeremy Pate: At the last Council meeting some citizens were interested in a full warrant analysis.
We asked the applicant to provide that and it indicated a traffic signal would not be needed with
the development of this project. We anticipate that this is a fast growing area of our city and there
will be other projects. Rather than wait for the next project, we will plug this into whatever time
frame we need as directed by the Mayor,Transportation Director,and City Engineer to do our own
warrant analysis. We have committed to this internally as staff. We know it won't be for at least a
few years because this project will take several years to build out.
Curtis Hogue, Appointed Trustee for the Charles P. Rose Testamentary Trust: I am the trustee,
and the two surviving beneficiaries are getting on up in years. It is important for them to get closed
on the sale of this property to the developer. The beneficiaries are no longer able to maintain the
property. We believe the developer has met all requirements.
Ralph Nesson, 1007 Morningside Drive voiced his concerns about traffic safety.He believes there
is a need for a sidewalk from Morningside Drive to Wood Avenue. He wants a four way stop sign
to be placed at the corner of Morningside and McClinton Street. He thanked city staff for their
patience with the concerns brought to them from the neighborhood.
Alderman Petty: Kit, would you mind refreshing us on what a vote up or a vote down means?
City Attorney Kit Williams: When a preliminary plat is presented for review by either the
Planning Commission or on appeal to City Council you are required by ordinances, you all have
enacted into the Unified Development Code, to look at factors to see whether or not it must be
approved. It is clear all of the conditions of the UDC have been met with the exception of an
argument about traffic safety and that is why Alderman Gray brought it forward. At this point a
traffic study has been completed. City Engineers and Planning staff have agreed that this is not
going to create or compound a dangerous traffic situation. Many things have been done or will be
done by the developer to alleviate the potential traffic problems that are already there. It is not
traffic congestion. Traffic congestion can be considered during a rezoning, but not during the
approval of a preliminary plat. This land has already been zoned for high density residential. We
can't consider if 290 homes here are appropriate. The Supreme Court has said that if a developer
has fulfilled all the requirements the city has set forth in its code section, then the development
must be approved. This developer has gone beyond what is normally required.
A discussion followed about clarification on what a vote no or a vote yes would mean.
Alderman Petty: I believe we are in a better position than we were two weeks ago. Some of the
suggestions from the neighbors about a stop sign at McClinton and a stoplight at Morningside are
prescient. It may be the system for calculating warrants are miscalibrated. If we look historically
at intersections in the city,we find a lot of intersections today that have traffic signals or stop signs
that would not meet the warrant conditions we are required to follow now. We miss sometimes
whenever we focus these site discussions so much on metrics. We miss the opportunity to have a
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