HomeMy WebLinkAbout2017-07-06 - Minutes -Alderman 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
July 6, 2017
City Council Meeting Minutes
July 6, 2017
Page 1 of 16
Alderman Justin Tennant
Ward 3 Position 1
Alderman Sarah Bunch
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 July 6, 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 Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin
Tennant, Sarah Bunch, 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: None
City Council Meeting Presentations, Reports, and Discussion Items: None
Agenda Additions: None
Consent:
Mayor Jordan stated Bid #17-34 Grand Truck Equipment Company, LLC was being
requested to be removed from Consent for discussion.
City Attorney Kit Williams: The resolution needed to have a budget adjustment approval. I have
handed out a copy of the resolution to be amended.
Alderman Long moved to remove Bid #17-34 Grand Truck Equipment Company, LLC
from the Consent Agenda for discussion. Alderman Marsh seconded the motion. Upon roll
call the motion passed unanimously.
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Mayor Jordan: Why are we pulling it, Kit?
City Attorney Kit Williams: There was not a budget adjustment attached, but there is now.
Bid #17-34 Grand Truck Equipment Company, LLC was pulled from Consent for discussion.
Approval of the June 20, 2017 City Council Meeting Minutes.
Approved
Bid #17-33 Vance Brothers, Inc.: A resolution to award Bid #17-33 and authorize a contract with
Vance Brothers, Inc. for asphalt microsurfacing of city streets at a cost of $2.28 per square foot as
needed through the end of 2017.
Resolution 129-17 as recorded in the office of the City Clerk
Bid #17-35 Lewis Ford Sales, Inc.: A resolution to award Bid #17-35 and authorize the purchase
of a Ford E350 Box Truck from Lewis Ford Sales, Inc. of Fayetteville, Arkansas in the amount of
$37,007.00 for use by the Recycling and Trash Collection Division.
Resolution 131-17 as recorded in the office of the City Clerk
Bid #17-36 Altec Industries, Inc.: A resolution to award Bid #17-36 and authorize the purchase
of a Ford F750 with Altec Aerial Platform from Altec Industries, Inc. of Creedmoor, North
Carolina in the amount of $132,212.00 for use by the Parks and Recreation Department and the
Transportation Department.
Resolution 132-17 as recorded in the office of the City Clerk
Arkansas Occupational Medicine Services, P.A. d/b/a Arkansas Occupational Health Clinic:
A resolution to authorize a one year contract with an option to renew for up to four additional one
year terms with Arkansas Occupational Medicine Services, P.A. d/b/a Arkansas Occupational
Health Clinic in an amount not to exceed $50,000.00 for physical exams and health screenings for
Fire Department employees at a cost of $264.00 to $575.00 per exam.
Resolution 133-17 as recorded in the office of the City Clerk
Alderman Marsh moved to accept the Consent Agenda as read. Alderman Tennant
seconded the motion. Upon roll call the motion passed unanimously.
Bid #17-34 Grand Truck Equipment Company, LLC was removed from the Consent Agenda
for Discussion
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City Council Meeting Minutes
July 6, 2017
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Bid #17-34 Grand Truck Equipment Company, LLC: A resolution to award Bid 417-34 and
authorize the purchase of a Ford F550 with Dakota Body and Aerial Platform from Grand Truck
Equipment Company, LLC of Afton, Oklahoma in the amount of $103,115.00 for use by the
Transportation Department.
City Attorney Kit Williams restated the necessity of an amendment to add a budget adjustment
to the resolution.
Alderman Marsh moved to amend the resolution by adding a budget adjustment. Alderman
Gray seconded the motion. Upon roll call the motion passed unanimously.
Mayor Jordan read the resolution.
Terry Gulley, Transportation Services Director gave a brief description of the resolution.
Alderman Gray moved to approve the resolution. Alderman Marsh seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 130-17 as recorded in the office of the City Clerk
Unfinished Business:
17-5776: (1320 S. College Ave./Sugarland Properties): An ordinance to rezone that property
described in rezoning petition RZN 17-5776 for approximately 0.31 acres located at 1320 South
College Avenue from NC, Neighborhood Conservation to RI -U, Residential Intermediate, Urban.
At the June 20, 2017 City Council Meeting this ordinance was left on the second reading. At the June 6,
2017 City Council Meeting this ordinance was left on the first reading.
Alderman Petty stated he would like to recuse himself from the discussion.
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 7-0. Alderman
Marsh, Kinion, Tennant, Bunch, La Tour, Long, and Gray voting yes. Alderman Petty
recused.
City Attorney Kit Williams read the ordinance.
Jesse Millwee, Citizen believes the rezoning will be positive for the neighborhood and the
community. He spoke in favor of the rezoning.
Keaton Smith, Citizen is in support of the rezoning. He stated he is a property owner in the
neighborhood.
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Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Marsh, Kinion, Tennant, Bunch, La Tour, Long, and Gray voting yes. Alderman
Petty recused.
Ordinance 5983 as Recorded in the office of the City Clerk
New Business:
Bid #17-37 Countryside Farm and Lawn Equipment Company, Inc.: A resolution to award
Bid #17-37 and authorize the purchase of a John Deere 5100E Tractor with mowing attachment
and a John Deere 6110M Tractor with mowing attachment from Countryside Farm and Lawn
Equipment company, Inc. in the total amount of $202,099.00 for use by the Transportation
Department.
Terry Gulley, Transportation Services Director gave a brief description of the resolution
Alderman La Tour: Describe for me the process when one of our departments comes to you and
says they need new mowers and tractors. What is the procedure of letting people around the state
know you are in the market for tractors? Do you send emails or letters stating we are taking bids?
Terry Gulley: I will defer the question about how it is sent out to Andrea who is our Purchasing
Director. The Transportation Division uses this equipment. When an item comes up for
replacement we try to utilize the Fleet Department's knowledge. This was last replaced in 2004
and has lasted 13 years. We look at what is being used in the market place currently that wasn't
available in 2004. The bid package is put together and it is sent to the Purchasing Department.
Andrea Rennie, Purchasing Director: The first process of any city bid when we get it in is to talk
with any department that is involved and then it goes into the classified section of the Northwest
Arkansas Times statewide. We have a Purchasing mailing list that is distributed to over 1,800
vendors. We touch base personally with any vendor we know that may sell that piece of equipment
or commodity.
Alderman La Tour: When you are drawing up the bid sheets and listing the specifications, do
you list those specifications or do you solicit help from somebody else?
Andrea Rennie: It mainly comes from Fleet and Transportation before it gets to the Purchasing
Department.
Alderman La Tour: Fleet and Transportation say what characteristics they want?
Andrea Rennie: Yes.
Alderman La Tour: Where do you get your list of characteristics of everything you want in a
piece of equipment?
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City Council Meeting Minutes
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Jesse Beeks, Fleet Operations Superintendent: It depends on the piece of equipment. If we have
looked at a specific piece of equipment, everybody wants to write the spec for it. We try to
generalize it as much as possible.
Alderman La Tour: When you say everybody, do you mean all the people trying to sell it to
you?
Jesse Beeks: Yes.
Alderman La Tour: You have vendors that write specifications?
Jesse Beeks: They would like too.
Alderman La Tour: Of course they would specify things that just are characteristic of their piece
of equipment.
Jesse Beeks: That's right.
Alderman La Tour: You don't let that happen, right?
Jesse Beeks: I try not too.
Alderman La Tour: Do we ever give preference to local vendors that might be a few dollars
higher and keep the money in the local economy?
Jesse Beeks: Local as defined in the Purchasing Department is the State of Arkansas. As far as
I'm aware the City of Fayetteville does not have an ordinance allowing us to give preference for
the city.
Andrea Rennie: State Procurement Code talks about that in reference to a resident vender and a
non-resident vendor. A resident vendor being considered a vendor doing business in the state
within itself. Non-resident will be out of state. All three vendors for this bid were all in state
residents or in state vendors.
Tim Bailey, Williams Tractor located in Ward 4 stated he is concerned that local government
overspends at times and overlooks local businesses that the local businesses fund. He gave a brief
description of the equipment and bid he submitted to the City of Fayetteville. He stated when it
came time to research specifications, Fleet and Transportation traveled to Little Rock to research
specifications and never considered coming across town to look at what was being replaced by an
adequate tractor. His company wants to support and have a good relationship with the city. He
stated he has loaned equipment to the diverse activities of the city. He serves a meal to the Police
Department and Fire Department once a month. He believes his bid was the better choice
financially and environmentally for the City of Fayetteville.
Mayor Jordan stated Mr. Bailey's five minute speaking time limit was expired.
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Alderman La Tour: It is your contention that we accepted a bid that was higher than your bid
for basically the same thing?
Tim Bailey: Yes, sir. The tractors were comparable.
Alderman La Tour: When you say comparable, I can't tell the difference between a Chevrolet
and a Ford. They are basically the same thing. Is that what you mean by comparable?
Tim Bailey: Exactly. Both will the do the same amount of work and the same performance
specifications, but mine is more efficient in fuel economy.
Alderman La Tour: You would think we would want that, right?
Tim Bailey: Absolutely.
Alderman La Tour: It would be cheaper to operate.
Tim Bailey: Yes, sir.
Alderman La Tour: We went to Little Rock to buy it and ignored our local business.
Tim Bailey: Yes, that is my contention.
Alderman La Tour: That looks bad, Mayor. Is there anything else you want to tell us?
Tim Bailey: Yes, if I had the opportunity.
Mayor Jordan: The speaker's time is up unless you make a motion to give him more time.
Alderman La Tour moved to allow an additional three minutes for the speaker. Alderman
Long seconded the motion. Upon roll call the motion passed unanimously.
Tim Bailey: Our company has paid $100,000 worth of sales tax this calendar year to the city. The
city has to recognize there is some intrinsic value. Even though the State of Arkansas considers
the other bidders as local, none of their revenue comes into the City of Fayetteville. We are truly
the only local vendor. I'm not asking for any kind of preference. If I am the high bidder and
someone else offers a better value, I completely understand that. I ask for this item to be tabled
and sent back to the Equipment Committee for re-evaluation. In the future I would like to be
involved in the equipment purchases that we have proven to provide. '
Alderman Tennant: For years I haven't liked the State Procurement contract. Not just for
tractors, but for a lot of different things. I investigated this years ago when I was with a technology
company and I didn't understand why our hands were tied on rewarding contracts. I was told if I
wanted to change it, then I would have to try to change it at the state level. I don't think that is
something we can change locally. I would be interested in investigating that. I think we should
have some leeway to decide on our own. I would rather give business to a local group or a regional
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group rather than somebody in Little Rock, Pine Bluff or wherever. This particular situation we
are discussing, it smells like there is more to this. I trust the city staff, but Terry what swung it the
other way?
Terry Gulley: The three bidders were from Springdale and Fayetteville. There was no Little Rock
bidder. We went to Pulaski County so we could compare equipment that other municipalities were
using that were newer than what we had been using. It was to evaluate the equipment. We put out
our bid specs. We made a determination and went with cubic inch displacement on the engines.
We did not pick horsepower. We put out this bid and those companies filled it out. Out of the three
that filled it out one was from Williams Tractor. One of the questions asked if the engine met the
specifications. They wrote no. Another question asked if the tractor had an integrated park position.
They answered no. We asked.if it had a park lock. They wrote no. This is the bid they submitted.
Springdale Tractor also bid smaller CID engines and did not meet the specs either. Countryside
was the only one that answered yes to all bid specifications put, out equally to all bidders that
wanted to bid on it. Fleet does not just look at purchase price when we are looking at what we are
going to invest in and in this case, for at least the next ten years. We try to look at the whole picture
of what it is going to cost us in the end. The tractor we currently have has had serious issues in the
last year. We have a seven month window where we are out doing this type of work with these
tractors. The tractor was at Williams Tractor being repaired for 6.5 weeks which is 23% of our
mowing season. We went all that time period without and we don't have a backup. It is not cost
effective to have another tractor sitting and not being used all the time. It stated in two paragraphs
that any questions could be addressed by calling Les in Purchasing. If we felt like it was something
that needed to be addressed we could have put out an addendum for it. Fifty five days after the bid
was submitted is when they contacted Les. The bottom line is that they did not meet the specs of
the bid so we are not able to grant them this. We had one bidder that did meet that. By law we
can't buy from a company if they do not meet the specs. We don't do bells and whistles on
equipment. We put out the bids for the minimum things we need.
Alderman Tennant: As I assumed there is a lot more to the story. At some point I'd like to re-
visit how we do state contracts on everything. In this particular case, it went through the Equipment
Committee and I would have a tough time sending it back to them. I trust the Equipment
Committee and city staff.
Alderman La Tour: How is Pulaski County going to maintain our equipment?
Terry Gulley stated Pulaski County had nothing to do with this. He reiterated that they looked at
equipment that was similar to what the city wanted to purchase. He stated the City of Fayetteville
is buying from a local vendor.
Alderman La Tour: The people who bid on it are all from Northwest Arkansas?
Terry Gulley: They are all in Washington County.
Alderman La Tour requested for Tim Bailey to return to the podium to explain his customer
service.
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Tim Bailey stated they were working on a tractor that had 6,400 hours on it and fixed numerous
problems, which took a long time to repair. He stated he has made a commitment to do better in
his service to the City of Fayetteville. He spoke about engines, horsepower, and technology.
Alderman Long: I work in procurement. Looking at the background of this story it seems like
the process was followed the way it was supposed to be done. I spoke with Mr. Williams on the
phone and referred him to members of the Equipment Committee and Chief of Staff because I
wasn't part of this bid process. We need to look at the way these are. done going forward. There
are communication issues that need to be worked out between Williams Tractor and the City of
Fayetteville, specifically when looking at the addendums to the contract. I'm not going to vote to
send this back to the Equipment Committee.
Tim Bailey: I sat down with. Fleet Operations to talk about some: of these issues. I did not go to
Les in Purchasing. I have tried to call Fleet and tell them I was going to send this to Council for a
conversation. Communication is very difficult.
Alderman Long: I think keeping Purchasing in the loop in those conversations is very important.
They control the bid process.
Don Marr, Chief of Staff: I feel like it's an attack on the integrity of the staff and their ability to
follow the process. Andrea, specifically tell the Council what has to be done to give purchasing
preference to City of Fayetteville located businesses.
Andrea Rennie: It goes back to our State Procurement Code that is put out by the state. It talks
about resident and non-resident. I don't know the legality of awarding something to someone just
because they are in the City of Fayetteville limits.
Don Mar: We can talk with our local delegation of elected officials, but this will require a state
law change. This is not something you can do as a City Council unless a state law gives us the
ability to do so or our City Attorney finds some other mechanism for us to do. It sounds like
Alderman La Tour and Alderman Long might want to be sponsoring Council members for that
legislation if we are able to do something locally. Otherwise, this is the type of item we would put
in a legislative package with our state legislators. We are proud to be partners with Williams
Tractor. What is coming across tonight in this conversation is frustration on their side feeling like
the stiff purposefully is not wanting to use Williams Tractor, which is not the case. We had
equipment that extended its life, but that is due to the great performance of our Fleet management.
81% of the equipment we bought in 2006 was for equipment that extended the original life when
we purchased it. Due to our Fleet management we have one of the top 15 Fleets in the nation. In
terms of writing the specifications, I meet with vendors all the time who want a specific way of
something to be written in hopes that theirs is the only piece of equipment or item that could be
bid. We have a checkpoint in the Purchasing Department to review it to make sure our
specifications are not written so specifically that we rule out the ability to get good competitive
bidding on these processes. When they are, they kick them back and they escalate those to me if
someone has done that so I can ask questions about why we have to operationally have that
specification. The park lock on the tractor is something we don't want to compromise on because
it is a safety mechanism. We use a comprehensive evaluation when making a decision. If we
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accepted a bid from someone who wrote no on the requirements, how do we legally defend against
the bidder who met all the requirements? This isn't personal with Williams Tractor. The
Purchasing Department is our coordinator and the point of contact during the bidding process to
make sure we are being fair. We look at equipment all over this country to ensure we have the best
return and operational efficiency when we make these decisions.
Alderman Gray: I am the Transportation Committee Chairman. I would be delighted to bring
this item back to the committee if I felt like we had not properly done our homework. It gives me
comfort to know I can count on Terry Gulley, Jesse Beeks, and Andrea Rennie for taking care of
things and following the law exactly. I appreciate all the things they take in consideration and not
just the price. I am always happy when we can give the bids to someone in Fayetteville.
Alderman La Tour: One of our primary functions on the City Council is to safeguard the public
purse. I sit on the Equipment Committee and I always ask Jesse, do we really need it. When I have
a local vendor come to me and say they bid lower with more horsepower, but just a fewer cubic
inches, it sounds like the addendum process is what we need to be implementing. I want the local
guys to win, but I want them to do it legitimately.
Alderman Petty: If we were to vote to rebid this how long would that take?
Andrea Rennie gave a brief description of the bid process.
Alderman Petty: Are we looking at 12 weeks?
Andrea Rennie: Possibly.
Alderman Petty: After an order is placed how long would it take for a piece of equipment to be
delivered?
Jesse Beeks: It could take up to 180 days for delivery and getting it ready.
Alderman Petty: If we restart this process, we are looking at 24-36 weeks potentially before we
can get a piece of equipment. There is a legal consideration to other bidders. It is compelling that
we could save five digits worth of money for something that does the same work and has virtually
the same functionality. It seems that 24 weeks of work and waiting probably washes out any
savings we might get. If we could open this bid back up today and have this thing solved on
virtually the same timeline, I would probably vote to do it for the savings.
Andrea Rennie: The city does a lot of business with Williams Tractor. Year to date we have
spent $92,955.12 with Williams Tractor.
Alderman La Tour moved to table the resolution. Alderman Long seconded the motion.
Upon roll call the motion to table failed 1-7. Alderman La Tour voting yes. Alderman Marsh,
Kinion, Petty, Tennant, Bunch, Long, and Gray voting no.
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Mayor Jordan: I want to apologize to the staff. I trust the staff and they do a great job. That is
why we have one of the best Fleets in the nation. We don't try to rig anything to help our buddy
out. We are straight forward and honest. I appreciate staffs' work.
Alderman Gray moved to approve the resolution. Alderman Marsh seconded the motion.
Upon roll call the motion passed unanimously.
Resolution 134-17 as recorded in the office of the City Clerk
Bid #17-32 Goins Enterprises, Inc.: A resolution to award Bid #17-32 and authorize a contract
with Goins Enterprises, Inc. in the amount of $1,919,872.00 for the construction of the Martin
Luther King, Jr. Boulevard, Huntsville Road, and Garden Park Apartments Waterline
Improvement Projects, to approve a project contingency in the amount of $288,000.00, and to
approve a budget adjustment.
Tim Nyander, Utilities Director gave a brief description of the resolution. The Water, Sewer &
Solid Waste Committee voted to forward to City Council with recommendation of approval.
Alderman Kinion moved to approve the resolution. Alderman Marsh seconded the motion.
Upon roll call the motion passed unanimously.
Resolution 135-17 as recorded in the office of the City Clerk
Community Access Television, Inc. d/b/a Your Media: A resolution to approve a change in the
City's public access television policy and to amend the contract with Community Access
Television, Inc. d/b/a Your Media to expand public access services to residents of Washington
County and Benton County for an annual fee of $50.00.
Doug Bankston, Media Services Director gave a brief description of the resolution. He stated the
Telecommunications Board endorsed the change unanimously.
Alderman Long moved to approve the resolution. Alderman Marsh seconded the motion.
Upon roll call the motion passed unanimously.
Resolution 136-17 as recorded in the office of the City Clerk
RZN 17-5802: (147 E. Spring St./Teague): An ordinance to rezone that property described in
rezoning petition RZN 17-5802 for approximately 0.31 acres located at 147 East Spring Street
from RMF -24, Residential multifamily, 24 units per acre to RI -U, Residential Intermediate, Urban.
City Attorney Kit Williams read the ordinance.
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Andrew Garner, City Planning Director gave a brief description of the ordinance. The Planning
Commission and staff recommend approval.
Brian Teague, Applicant stated he lives at 201 East Spring Street which is next door to the
property. He gave a brief description of his proposed project.
Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Gray
seconded the motion. Upon roll call the motion passed 6-0. Alderman Marsh, Kinion,
Tennant, Bunch, La Tour, and Gray voting yes. Alderman Petty and Long were absent.
City Attorney Kit Williams read the ordinance.
Alderman Marsh moved to suspend the rules and go to the third and final reading.
Alderman Gray seconded the motion. Upon roll call the motion passed 6-0. Alderman
Marsh, Kinion, Tennant, Bunch, La Tour, and Gray voting yes. Alderman Petty and Long
were absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Marsh, Kinion, Tennant, Bunch, La Tour, Long, and Gray voting yes. Alderman
Petty was absent.
Ordinance 5984 as Recorded in the office of the City Clerk
RZN 17-5803: (E. of Old Missouri Rd. & Rolling Hills Dr. Keenan): An ordinance to rezone
that property described in rezoning petition RZN 17-5803 for approximately 10.86 acres located
east of the intersection of Old Missouri Road and Rolling Hills Drive from RSF-4, Residential
Single Family, 4 units per acre to NS -G, Neighborhood Services, General.
City Attorney Kit Williams read the ordinance.
Andrew Garner, City Planning Director gave a brief description of the ordinance. The Planning
Commission and staff recommend approval.
Mitch Weigel, Downtown Properties representing the applicant gave a brief description of the
proposed project.
Alderman Tennant: I have gotten a few calls on this. I also got a few calls about the extension
itself. I believe there was a little bit of confusion on one relating to the other. Do we have a
timeframe for the Rolling Hills Road extension and if not, what are our long term next steps?
Andrew Garner: The Mobility Plan is towards the end of the study and this particular connection
was a part of that study. You will see some recommendations from the Traffic Consultant. We do
not have a timeframe for extending Rolling Hills at this time through this property. Like many of
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our streets on our Master Street Plan it is desired for a connection to improve east and west
connectivity from Crossover towards the core of the city. There will be some decisions for City
Council as you look at the upcoming bond program and where you are putting your money and
how you want to disperse those funds.
Alderman Tennant: I appreciate that because it will alleviate some of the concerns of people
thinking it was a more immediate situation than it was. I would exercise caution. This is a one shot
deal where we want to make sure we develop things right in that area. This is a very complicated
spot.
Alderman Bunch: I have gotten quite a few calls and emails about this piece of property. In
response to one of the emails I got, I requested we do a tour of the site. I would like to keep it here
until we take a tour.
This ordinance was left on the First Reading
VAC 17-5815 (429 N. Vinson Ave./Merritt): An ordinance to approve VAC 17-5815 for property
located at 492 North Vinson Avenue to vacate a portion of a street right-of-way.
City Attorney Kit Williams read the ordinance.
Andrew Garner, City Planning Director gave a brief description of the ordinance. The Planning
Commission and staff recommend approval.
Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Long
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
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 5985 as Recorded in the office of the City Clerk
Amend Chapter 167: Tree Preservation and Protection: An ordinance to amend Chapter 167
Tree Preservation and Protection of the Unified Development Code to make clerical revisions
including defining certain terms, removing definitions of terms that are defined in other portions
of the Unified Development Code, and correcting ambiguous or unclear names and terms.
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City Attorney Kit Williams read the ordinance.
John Scott, Urban Forester gave a brief description of the ordinance. He stated this ordinance will
be the first of four parts of Chapter 167 and Chapter 177 changes that they would like to make.
Alderman La Tour: Are you our Urban Forester?
John Scott: I am.
Alderman La Tour: Have you ever held a memorial service for a tree?
John Scott: I have not, but I have heard of such things.
Alderman La Tour: In our city?
John Scott: Yes.
Alderman La Tour: Will this ordinance make developers happier or less happy?
John Scott: I believe it will make them happy because it provides clarity.
Alderman La Tour: Is it reducing the regulations they have to comply with or increasing
regulations they have to comply with?
John Scott stated neither. He explained that it would reduce some redundancy in language and
gave some examples of terminology.
Alderman La Tour: This is the first of four installments?
John Scott Yes.
City Attorney Kit Williams: The rest are going to be much shorter. The reason this was so long
is because it was the entire chapter. If we had attached an Exhibit A, it would have gone on many
pages and been very expensive to publish. We made it as short as we could, but still covered all
the changes requested by the Urban Forester.
Alderman La Tour: Do you agree with our Urban Forester's assessment that this will not have
any changes on regulations for our developers?
City Attorney Kit Williams: Yes. These aren't substantive changes. There will be substantive
changes coming forward. I am going to recommend a substantive change to you in the future.
Don Marr, Chief of Staff stated clarity is really important in terms of our development
community. He stated it needs to be clearer for people to understand.
113 West Mountain Fayetteville, AR 72701 (479) 575}8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 6, 2017
Page 14 of 16
Alderman Long moved to suspend the rules and go to the second reading. Alderman Marsh
seconded the motion. Upon roll call the motion passed 7-1. Alderman Marsh, Kinion, Petty,
Tennant, Bunch, Long, and Gray voting yes. Alderman La Tour voting no.
City Attorney Kit Williams read the ordinance.
Alderman Marsh moved to suspend the rules and go to the third and final reading.
Alderman Gray seconded the motion. Upon roll call the motion passed 7-1. Alderman
Marsh, Kinion, Petty, Tennant, Bunch, Long, and Gray voting yes. Alderman La Tour
voting no.
City Attorney Kit Williams read the ordinance.
Mayor Jordan thanked staff for the work they did on the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Alderman Marsh, Kinion, Petty, Tennant, Bunch, Long, and Gray voting yes. Alderman La
Tour voting no.
Ordinance 5986 as Recorded in the office of the City Clerk
Traffic Calming Installation: A resolution to express the intention of the City Council to include
funding in the 2018 budget for additional traffic calming installation within city streets.
Alderman Long: I appreciate Alderman Petty co -sponsoring this with me. One of the number
one request I receive is for infrastructures, specifically related to traffic safety. The lack of
infrastructure for traffic calming and traffic safety prevents us from having as great of pedestrian
mobility as we could have in the City of Fayetteville. At Agenda Session a lot of people spoke
about the amount of money, but I don't have a specific amount in mind. Staff is capable of
determining what they think is necessary. We have tried pilot programs in the past that can address
specific problem areas. We need the ability to try some solutions and give staff the flexibility of
coming up with ideas. One thing that came up last year and we were able to address it was over by
Holcomb Elementary. We needed to put in a temporary speed table. What ended up happening
was that there was a $600 fee to buy the bolts to install it. The POA that lived next to it ended up
writing a check to the City of Fayetteville to pay for the bolts. Things'like that are a good example
of what the city should be paying for and not just the neighborhoods around the schools. We should
have a small amount of money set aside and try to come up with solutions in the upcoming year.
Alderman Petty: This has been a discussion for some time and we have talked about how we
should maybe put something in the budget. We have been asked to submit comments on the five
year CIP and that is one potential source and it will be included in my comments. I believe this
resolution is appropriate because there are a lot of other sources of that kind of funding. There
might be some more creative ways of administering a traffic calming program if we were to fund
it. For an example, in the Transportation Bond Program is $500,000 that has been set aside
generally for intersection improvements with no further specification about what might happen
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
July 6, 2017
Page 15 of 16
there and that's a potential source. The Street Fund with part of our Overlay Program is another
potential source. We have a brand new program where we allow anyone in the community to
submit an application to design public improvements of a temporary nature to test out ideas that
might be traffic calming. We allow them to install.those after the application process if they meet
design requirements. This is the only forum we have until we get into real budget discussions.
Sending a signal that we think it is important and it can be met in a variety of ways is the
appropriate role for us to take as a Council when we talk about budget. This is a priority and it
should be elevated a little higher than the 'Council has elevated it in the past. My hope would be
that we come up with a funding amount and a process for administering up to a dozen traffic
calming projects per year.
Don Marr, Chief of Staff. In 2007 the City Council passed a resolution to put $187,760 into
traffic calming, specifically to the Wilson Park and Washington Willow Neighborhood
Association as a part of the Transportation Department Bond Program. In 2008 the City Council
approved in the Transportation operating budget in its Overlay Program, $50,000 for traffic
calming. It is important to have CIP information and share with us what items you would remove
to fund these items you want to add. It is still the $8 to $9 million we have. The Transportation
Division where this money has typically been funded has been under pressure. We are hoping to
be able to catch up in some of the overlay we deferred.
Alderman La Tour: We do have a fixed pie with our budget. None of us like traffic, but if you
live in a city, traffic is part of the equation. I don't want our traffic calming to slide so far that it
becomes traffic impeding. We do want to slow things down around schools and sensitive areas.
Speed bumps don't really work unless you live right in front of a speed bump. I want us to look at
other traffic calming techniques like crosswalks or parking on both sides of the street.
Alderman Marsh: I am supportive of the intent of this resolution. Citizens contact me and request
traffic calming in their neighborhoods. I would be excited for the potential of a Bike and Pedestrian
Coordinator. At the Active Transportation Advisory Committee meeting we unanimously
endorsed the creation of that position. That individual could help with traffic calming. I want to
see us move away from the speed humps and look at other solutions. I'm hoping our Mobility Plan
will help us design better streets to fit the desired speeds we are trying to achieve.
Alderman Long: The reason I requested for speed tables to be left in the resolution was because
it is sometimes necessary for bicycles.
Mayor Jordan: One of the biggest complaints we got from citizens in 2008 was about speed
tables. I know you all are getting a lot of folks wanting speed tables, but back when I was running
for office that was not the case. I think when you start installing them again you are going to get a
few challenges. I am not a big fan of the speed tables. I want everyone to remember we have $8
million to work with in the CIP and that is it.
Alderman Petty: Back whenever we did traffic calming the first time around the only way we
thought we had to do it was speed tables, but now technology has evolved substantially. Speed
tables should be used in very limited circumstances because they are not a preferred way to traffic
calm. There is not just a CIP to consider because there are other funding sources besides this one.
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City Council Meeting Minutes
July 6, 2017
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A discussion followed about speed tables and speed bumps.
Don Marr: I ask that the Transportation Committee members in our Mobility Study really look
at the recommended process for approving where we use these items. There are two steps to this
that we hear from citizens. One is about funding to do it, but the more important item is, my
neighborhood can never qualify to get it.
Mayor Jordan: I don't want anyone thinking I am not in favor of traffic calming because I am.
My first experience with it was not a good one.
Alderman Marsh moved to approve the resolution. Alderman Petty seconded the motion.
Upon roll call the motion passed unanimously.
Resolution 13747 as recorded in the office of the City Clerk
Announcements:
Don Marr, Chief of Staff. On July 7, 2017 is a Dive -In Movie at Wilson Park.
On July 13, 2017 is the Gulley Park Concerts Series.
We currently have an active survey on our website for our Fayetteville's Future Transportation
Strategies and Priorities. We would like all citizen feedback.
There will be a garden walking tour for sustainable landscapes on July 15, 2017.
City Council Agenda Session Presentations:
Agenda Session Presentation - C142M Annual Report, Steve Carpenter.
Agenda Session Presentation - Summary of the April 29, 2017 flooding event.
City Council Tour: None
:55 p.m.
Jorda , Mayor Sondra E. Smith, City Clerk Treasurer
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov