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HomeMy WebLinkAbout2019-01-15 - Minutes -Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting January 15, 2019 City Council Meeting Minutes January 15, 2019 Page 1 of 10 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on January 15, 2019 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: Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mavor's Announcements Proclamations and Reco nitions: Presentation of the City of Fayetteville Martin Luther King Brotherhood Award City Attorney Kit Williams: Some persons seem to grasp the significance of important issues and begin to work to resolve those potential problems before most of us become truly aware of what needs to be done. A few such persons become so competent and accomplished that they are able to have a major impact on such problems, which for them are not really problems, but opportunities to make a community better. Fayetteville is lucky that we have such a farsighted, dedicated, and capable person who has made it his life's work to improve not only Fayetteville, but our region and state. For the last 17 years it has been my honor and privilege to recognize 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 justice, equality, brotherhood, and service. This year's honoree joins a distinguished list of city employees who have embodied Dr. Martin Luther King's dream and helped fulfil his legacy of service to community. This honoree has devoted his 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes January 15, 2019 Page 2 of 10 professional life to improving the environment that all of us rely upon and cherish. He has led our Keep Fayetteville Beautiful chapter, which is an affiliate of Keep America Beautiful. He has consistently worked, not only for our city's beautification, but also for reduction of waste and litter by increasing our recycling efforts. Immediately after receiving his college degree, Brian Pugh began his efforts to improve recycling and reduce trash as the Recycling Coordinator for Conway. He moved to Fayetteville in 1999 to accept the position of Recycling Coordinator for the Four County Solid Waste District. Three years later the city convinced Brian to be the Waste Reduction Coordinator where he has excelled for over 16 years. Brian has devoted much time and energy to community outreach and education. He has presented programs to Head Start, public and private schools, the University of Arkansas, and civic groups. Brian has often informed the City Council about trash reduction efforts and programs to expand recycling and composting. The city has received recognition and awards for recycling and trash reduction, spurred on by Brian's unceasing efforts. Brian Pugh established the Curb the Clutter Program, now known as, Adopt A Street, where he works with community groups to beautify neighborhoods one street at a time. To combat graffiti, Brian developed a utility box art program for city utility boxes. Brian sustained effective work to improve recycling, composting, and reuse of materials, and thereby to reduce landfilling of trash. It has been a great community service for Fayetteville and citizens and exemplifies Dr. Martin Luther King's dream and example of brotherhood and service to others and the community. Brian Pugh, Waste Reduction Coordinator: Thank you so much. I really appreciate this honor and the kind words. Getting up and coming to work every day gets to be a grind at times. You wonder if anybody is paying attention, then you get something like this, and you realize they do. We have a great city and a lot of things going for us. I enjoy working for Fayetteville and my job is a bit easier because of the environmental ethic in Fayetteville. Mayor Jordan: Congratulations, Brian. Very well deserved. State of the City Address - Mayor Lionelci Jordan Mayor Lioneld Jordan read the State of the City Address. A copy is attached. City Council Meeting Presentations Reports, and Discussion Items: Housing Authority Board Appointment - Ezra Breashears Council Member Kinion presented the Housing Authority Board Appointment and recommended Ezra Breashears as submitted. Council Member Kinion moved to approve the appointment of Ezra Breashears. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Smith, Gutierrez, Marsh, Kinion, Petty, Bunch, and Turk voting yes. Council Member Scroggin was absent during the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes January 15, 2019 Page 3 of 10 A copy of the report is attached. Agenda Additions: None Consent: Approval of the December 18, 2018 and January 3, 2019 City Council Meeting Minutes. Approved Bid #19-15 Holtzclaw Excavating, Inc.: A resolution to award Bid #19-15 and authorize the purchase of waste disposal services for construction debris from Holtzclaw Excavating, Inc. in the amount of $15.00 per load as needed through the end of 2019. Resolution 11-19 as recorded in the office of the City Clerk 2019 Overlay and Sidewalk Projects: A resolution to approve the Transportation Division Overlay and Sidewalk Projects list for 2019. Resolution 12-19 as recorded in the office of the City Clerk MSI Consulting Group, LLC: A resolution to authorize the purchase of annual software maintenance from MSI Consulting Group, LLC for Virtual Justice software used by the District Court, Police Department and the City Prosecutor Division in the amount of $21,600.00 plus applicable taxes, and to approve a 5% project contingency in the event additional licenses are needed. Resolution 13-19 as recorded in the office of the City Clerk Fayetteville District Court Equipment Upgrades: A resolution to approve a budget adjustment in the amount of $25,000.00 recognizing revenue from the court automation fund for upgrades to the servers, software, computers, and related technology equipment used by the Fayetteville District Court. Resolution 14-19 as recorded in the office of the City Clerk NeoGov Annual Software Maintenance: A resolution to authorize the purchase of annual software maintenance from GovernmentJobs.com, Inc. d/b/a NeoGov for the city's Human Resources software in the amount of $24,707.03 plus applicable taxes. Resolution 15-19 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.go,. City Council Meeting Minutes January 15, 2019 Page 4 of 10 Walker Family Residential Community Complex: A resolution to approve a contract with Seven Hills Homeless Center to provide funding assistance in the amount of $57,000.00 for maintenance and repairs at the Walker Family Residential Community Complex in 2019. Resolution 16-19 as recorded in the office of the City Clerk Something Different, LLC: A resolution to authorize a ten-month contract with Something Different, LLC, with automatic renewals for up to four one year terms, pursuant to RFP 18-16, to provide for operation of the concession stands at Kessler Mountain Regional Park Soccer Complex, Gary Hampton Softball Complex, Lake Fayetteville Softball Complex, and the Wilson Park Pool. Resolution 17-19 as recorded in the office of the City Clerk Environmental Consulting Operations, Inc. Amendment No. 5: A resolution to approve Amendment No. 5 to the contract with Environmental Consulting Operations, Inc. in the amount of $66,255.00 for wetlands mitigation site monitoring and management in 2019. Resolution 18-19 as recorded in the office of the City Clerk CH2M Hill Engineers, Inc.: A resolution to approve an amendment to the 2018 contract with CH2M Hill Engineers, Inc. in the amount of $95,339.16 to reconcile costs incurred in overhauling belt filter presses at the Noland and West Side Water Resource Recovery Facilities, and to authorize a payment in that amount. Resolution 19-19 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: None New Business: Garver, LLC Amendment No. 1: A resolution to approve Amendment No. 1 to the professional engineering services agreement with Garver, LLC in the amount of $80,100.00 for additional design and construction phase services related to the Meadow Street Parking Deck Rehabilitation Project, to approve additional project contingency in the amount of $8,010.00, and to approve a budget adjustment. Justin Clay, Parking Manager gave a brief description of the resolution. Council Member Kinion moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes January 15, 2019 Page 5 of 10 Resolution 20-19 as recorded in the office of the City Clerk Andritz Separation, Inc.: An ordinance to waive formal competitive bidding and accept a repair quote of $33,497.00 plus applicable taxes from Andritz Separation, Inc. to repair belt filter presses at the Noland and West Side Water Resource Recovery Facilities. City Attorney Kit Williams read the ordinance. Mark Rogers, Water & Sewer Operations Manager gave a brief description of the ordinance. Staff recommends approval. Council Member Kinion: This has been through the Water, Sewer & Solid Waste Committee. It was recommended unanimously in forwarding it to the City Council. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member 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 6142 as Recorded in the office of the City Clerk Ovivo USA, LLC: An ordinance to waive the requirements of formal competitive bidding and approve the purchase of two macerator pumps for the West Side and Noland Water Resource Recovery Facilities from Ovivo USA, LLC in the total amount of $47,800.01 plus applicable taxes. City Attorney Kit Williams read the ordinance. Mark Rogers, Water & Sewer Operations Manager gave a brief description of the ordinance. Staff recommends approval. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion 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 January 15, 2019 Page 6 of 10 Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member 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 6143 as Recorded in the office of the City Clerk Arkansas One -Call System, Inc.: An ordinance to waive competitive bidding through 2022 and approve the purchase of utility locating services for 2019 from Arkansas One -Call System, Inc. in an amount not to exceed $30,000.00. City Attorney Kit Williams read the ordinance. Mark Rogers, Water & Sewer Operations Manager gave a brief description of the ordinance. Council Member Kinion: This has been through the Water, Sewer & Solid Waste Committee. It was recommended to forward it to the City Council. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member 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 6144 as Recorded in the office of the City Clerk PayByPhone Limited: An ordinance to waive competitive bidding and authorize an extension of the contract for parking payment services with PayByPhone Limited through 2022. City Attorney Kit Williams read the ordinance. Justin Clay, Parking Manager 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 15, 2019 Page 7 of 10 Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member 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 6145 as Recorded in the office of the City Clerk Appeal RZN 18-6380 (1882 Starr Rd./JB Hayes): An ordinance to rezone that property described in rezoning petition RZN 18-6380 for approximately 1.20 acres located at 1882 North Starr Drive from RSF-4, Residential Single Family, 4 units per acre to NS -L, Neighborhood Services -Limited. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission denied on a 5 to 3 vote. Staff recommends approval. Dr. J.B. Hayes, Applicant gave a brief historical description of the property. Mayor Jordan: Have the Council Members from that area heard anything from anybody? Council Member Bunch: I haven't heard any complaints or affirmations. Council Member Scroggin: Larry Long is President of one of the Property Owners Association's around there. I'm surprised he's not here. He probably doesn't know it was appealed and brought back. I don't know what the rules are for re -notification, but he would be here if he knew about it. Council Member Marsh: The staff is recommending we approve the rezoning and the Planning Commission was split 3 to 5 against it? Garner Stoll: Yes. 5 against and 3 for. Council Member Marsh: Was that based solely on their determination it could be developed further with potentially two more structures, up to 3,000 square feet? Garner Stoll: Yes. It's a valid point, but the nature of the site makes that not exactly probable. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes January 15, 2019 Page 8 of 10 Council Member Marsh: There's like a large water feature there Garner Stoll: The building is in the middle of the site. There's a drainage corridor that goes across the site. The reason I wanted to show the surrounding development is that it's kind of circumscribing it. I'm not saying it's impossible to put additional buildings there. Council Member Marsh: The building is in good condition and has recently been occupied. Council Member Kinion: With this new development, is this going to be pushing more water across the drainage corridor? How are we handling infrastructure for the storm water runoff of this? Garner Stoll: I read the staff report for the plat discussions. There were conditions added and I believe the retention may be where the former home was. Is that correct? Dr. J.B. Hayes: Yes, there is a house. Garner Stoll: I know there was a condition that water retention facilities would need to be added according to our drainage requirements. Council Member Kinion: I'm going to support this. It is an established property. The topography is going to be restricting as far as a concern of some other development that we discussed earlier. Under this new zone classification, it's very compatible with 20 homes right around it for all sorts of opportunity in the existing building. Council Member Bunch: I haven't heard of any complaints and looking at the restriction of 3,000 square feet, I feel it's compatible with what's going to be around it. It is limited in size and the land limits what could go in there. Garner Stoll stated the R -O district is the conventional district that's the closest to NS -L district. He stated the uses are very similar and described what each district offered. Council Member Scroggin: I was on the Planning Commission when this was discussed. I think most of the Planning Commissioners were okay with bringing this building in line. The concern was three 3,000 square foot buildings, which I understand would be difficult to do. 9,000 square feet of space on Starr Drive did concern citizens and other Planning Commissioners. We talked about doing a conditional use permit to make this in line or rezone just the area of interest, so the building could be brought back into use. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk: I ask that we not go to the third reading to allow more public comment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes January 15, 2019 Page 9 of 10 Council Member Marsh: I'm familiar with the property. I feel confident that going to the third reading is the right decision. Council Member Kinion: I feel confident that this is a good move for the property. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion failed 2-6. Council Members Marsh and Kinion voting yes. Council Members Smith, Gutierrez, Petty, Scroggin, Bunch, and Turk voting no. This item was left on the Second Reading. Announcements: Don Marr, Chief of Staff stated the Digital Inclusion Committee launched a survey. He encouraged citizens to provide public input on the city website. He stated there will be a meeting on January 24, 2019 from 5:30 p.m. to 7:00 p.m. at the Fayetteville Public Library for input sessions. He stated there will be public studio sessions for the city's 71-B Corridor Plan. He stated they are gathering ideas for the uptown region portion of 71-B and the city invites the public to participate in the studio sessions. He stated the meetings will be on January 15, 2019 and January 16, 2019 from 5:00 p.m. to 7:00 p.m. at Christian Life Cathedral. He spoke about the utility bill schedule. He stated the city is in the process of upgrading and changing the system. He stated the bond issue information can be viewed on the city website. He stated the State of City Address is on the website. Susan Norton, Communications & Marketing Director stated there would be a Storm Water Feasibility Study meeting on January 17, 2019 at the Boys & Girls Club at 6:00 p.m. Mayor Jordan: There will be a meeting on January 17, 2019 for a discussion on jail fees. It will be at the County Courthouse at 6:00 p.m. City Council A ends Session Presentations: None City Council Tour: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov ■ A' - -.. --- .-- - I " n, City Council Meeting Minutes January 15, 2019 Page 10 of 10 1 "6" 6, 'L"y' Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov