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
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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
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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,.
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January 15, 2019
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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
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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
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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
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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
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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
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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
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1 "6" 6, 'L"y'
Sondra E. Smith, City Clerk Treasurer
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov