HomeMy WebLinkAbout2019-01-03 - 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 .lordan
City Attorney Kit Williams
City Clerk Sondra E. Smith
City of Fayetteville Arkansas
City Council Meeting
January 3, 2019
City Council Meeting Minutes
January 3, 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 3, 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.
Oaths of Office:
Kit Williams, City Attorney
Sonia Gutierrez, Council Member Ward 1
Mark Kinion, Council Member Ward 2
Sloan Scroggin, Council Member Ward 3
Teresa Turk, Council Member Ward 4
Judge William Storey administrated the oaths of office.
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
Mayor's Announcements, Proclam-,itions and Recognitions: None
City Council Meeting Presentations, Reports, and Discussion Items:
Election of Vice Mayor
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City Council Meeting Minutes
January 3, 2019
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Mayor Jordan opened the floor for nominations.
Council Member Kinion: I would like to nominate Sarah Marsh for Vice Mayor.
Mayor Jordan closed the floor for nominations.
Council Member Kinion moved to nominate Council Member Marsh as Vice Mayor. Upon
roll call Council Member Marsh was elected as Vice Mayor unanimously.
Council Member Marsh was elected as Vice Mayor
City Council Committee Appointments
Mayor Jordan stated he sent the appointments out to everyone for review. There was no
discussion on the City Council Committee Appointments.
A copy of the report is attached.
Report of Firemen's and Policemen's Pension and Relief Fund
Mayor Jordan presented the report on the Firemen's Pension and Policemen's Pension to the City
Council.
A copy of the report is attached.
Monthly Financial Report - Paul Becker
Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report.
Ort -Ozark Refional Transit - Periodic Report
Jeff Hatley, Ozark Regional Transit Public Information Officer gave a brief presentation of ORT's
Periodic Report.
Don Marr, Chief of Staff stated data is being collected from Razorback Transit, which is part of
the expanded no cost program. He stated there's been increased ridership on the MLK routes.
Agenda Additions: None
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City Council Meeting Minutes
January 3, 2019
Page 3 of 10
Consent:
Approval of the December 4, 2018 City Council Meeting Minutes.
Approved
Adopt the Rules of Order and Procedure: A resolution to adopt the Rules of Order and
Procedure of the Fayetteville City Council for 2019.
Resolution 01-19 as recorded in the office of the City Clerk
Bid #18-50 Best Priced Products: A resolution to award Bid #18-50 and authorize the purchase
of physical fitness equipment from Best Priced Products, Inc. of White Plains, New York in the
amount of $46,110.96 plus applicable sales taxes for use by the Fire Department.
Resolution 02-19 as recorded in the office of the City Clerk
Skydive Fayetteville, LLC - 288 Square Feet: A resolution to approve a three-year lease
agreement with Skydive Fayetteville, LLC for office space in the Airport Terminal building in the
amount of $160.00 per month.
Resolution 03-19 as recorded in the office of the City Clerk
Skydive Fayetteville, LLC - 276 square feet: A resolution to approve a three-year lease
agreement with Skydive Fayetteville, LLC for office space in the Airport Terminal building in the
amount of $241.00 per month.
Resolution 04-19 as recorded in the office of the City Clerk
Emergency Vehicle Specialists, Inc.: A resolution to approve the purchase of a 2019 Pierce
Velocity Ladder Apparatus from Emergency Vehicle Specialists, Inc. in the amount of
$1,178,986.00 plus a performance and payment bond at a cost of $3,220.00, pursuant to a Houston
Galveston Area council cooperative purchasing contract, to approve a project contingency in the
amount of $25,000.00, and to approve a budget adjustment.
Resolution 05-19 as recorded in the office of the City Clerk
Superior Chevrolet: A resolution to approve the purchase of seven police package Chevrolet
Tahoes from Superior Chevrolet of Siloam Springs in the total amount of $245,224.00, pursuant
to a state procurement contract, for use by the Police Department.
Resolution 06-19 as recorded in the office of the City Clerk
Superior Dodge Ram: A resolution to approve the purchase of four Jeep Renegades from
Superior Dodge Ram of Siloam Springs in the total amount of $74,228.00, pursuant to a state
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City Council Meeting Minutes
January 3, 2019
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procurement contract, for use by the Community Resources Division and Water & Sewer
Operations Division.
Resolution 07-19 as recorded in the office of the City Clerk
Superior Automotive: A resolution to approve the purchase of a Dodge Durango from Superior
Automotive of Siloam Springs in the amount of $25,727.00, pursuant to a state procurement
contract, for use by the Community Resources Division.
Resolution 08-19 as recorded in the office of the City Clerk
Lewis Automotive Group: A resolution to authorize the purchase of a Ford F250 truck from
Lewis Automotive Group of Fayetteville in the amount of $26,978.00, pursuant to a state
procurement contract, for use by the Water and Sewer Operations Division.
Resolution 09-19 as recorded in the office of the City Clerk
Superior Dodge Ram: A resolution to approve the purchase of four Dodge Ram trucks with
towing packages from Superior Dodge Ram of Siloam Springs in the total amount of $91,492.00,
pursuant to a state procurement contract, for use by the Water & Sewer Operations Division.
Resolution 10-19 as recorded in the office of the City Clerk
Council Member Bunch moved to accept the Consent Agenda as read. Council Member
Marsh seconded the motion. Upon roll call the motion passed unanimously.
Unfinished Business:
Recycling and Trash Collection Rate Amendments: An ordinance to amend §50.40'Rates for
Services of the Fayetteville City Code to align the city's recycling and trash collection rates with
the recent rate study. At the December 18, 2018 City Council meeting this ordinance was left on the First
Reading.
Council Member Smith 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.
Peter Nierengarten, Sustainability & Resiliency Director gave a brief description of the
ordinance.
Council Member Marsh: This was a very comprehensive study put together by the consultants.
The proposal is a fair and appropriate rate structure that will help us cover the cost of responsibly
managing our waste, while incentivizing recycling and composting.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov
City Council Meeting Minutes
January 3, 2019
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Council Member Turk: We should wait and not go to the third reading to give the public more
time to review the rates.
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 passed 6-2. Council
Members Gutierrez, Marsh, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Members Turk and Smith voting no.
City Attorney Kit Williams read the ordinance.
Council Member Turk: I applaud the efforts of the city and MSW Consultants. There is a $5.00
charge for recycling for commercial vendors and we should get rid of impediments to recycling.
While $5.00 isn't very much, it should be lowered to zero so that there's not any kind of financial
disincentive to recycle. We don't charge our residential customers for recycling and this would
harmonize our policy by not charging commercial vendors.
City Attorney Kit Williams: The rate for providing cardboard and paper recycling service to
commercial customers is 25% of the equivalent commercial container trash service.
Peter Nierengarten: That's correct.
City Attorney Kit Williams: This would be about $5.00 for the 95 -gallon cart, but considerably
more for the 8 cubic yards. Are you just wanting to do away with the 25% equivalent because the
code doesn't say anything about $5.00?
Peter Nierengarten: We evaluated if we could eliminate the cost for providing recycling services
to commercial customers. One of the challenges is there is such a variety of different types of
recycling services we provide to the commercial customers. We have four, six, and eight -yard
cardboard and paper dumpsters. We have glass recycling, food waste composting, and small 18 -
gallon containers that are the same containers we provide to residential customers. Because of the
variety of services, we found it difficult to come up with a way to provide all of that at no additional
cost and wrap it into the existing trash rate without it having a significant impact on the rate
increase the commercial class would see. It's not codified in the code, but we could look at our
ability to provide for those smaller commercial customers that have the 95 -gallon carts and being
able to provide those customers with no additional cost.
Council Member Turk made a motion to amend the recycling commercial vendors fee of
$5.00 to no charge and then withdrew the motion.
Council Member Turk stated she liked the study, but was disappointed it didn't talk about
reducing the overall trash creation. She stated she hoped it would be addressed in the future.
Don Marr, Chief of Staff stated the rate study was based on evaluating the charges for what the
city provides today. He stated the Master Recycling and Diversion Plan needs to address the items
that Council Member Turk spoke about because they are two separate things.
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City Council Meeting Minutes
January 3, 2019
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City Attorney Kit Williams stated Subsection 4 should be changed because it is mandatory where
it says, the rate for providing cardboard and paper recycling service shall be 25% of the equivalent
commercial container trash service. You could change that to accomplish what Peter is talking
about by saying, except this may be waived by the division for 95 -gallon cart customers. This
would give the Recycling and Trash Division the right to not charge the 25% by code.
Don Marr: We would be comfortable with that for that customer class only. We have to capture
the cost at picking up the dumpsters for recyclables and that's what the 25% discounted rate is
doing.
Council Member Gutierrez: I thought the study was well done. One of the things it recommended
in the last part was including the recycling rate to be part of the trash rates, so there didn't appear
to be two different cost. The money is still being captured, but it's one cost. We have to cover the
cost and pay for this service. I'm in support of whatever the recommendation was because it was
a very clear recommendation at the end of the report.
Don Marr: Council Member Turks initial intent and Kit's comment is an amendment we need.
We want the commercial 95 -gallon cart charge to be waived in that customer class only. It would
be the small businesses that are being treated like residential households in our current collection
process. We don't want any other amendment that affects the large collection of recyclables.
Council Member Turk made a motion to amend the rate for providing cardboard and paper
recycling service shall be 25% of the equivalent commercial container service except the
Recycling and Trash Division may waive the fee for the 95 -gallon cart customer. Council
Member Smith seconded the motion. Upon roll call the motion passed unanimously.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6138 as Recorded in the office of the City Clerk
New Business:
RZN 18-6465 (312 E. North St./Thompson): An ordinance to rezone that property described in
rezoning petition RZN 18-6465 for approximately 0.26 acres located at 312 East North Street from
RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation.
City Attorney Kit Williams read the ordinance.
Garner Stoll, Director of Development Services gave a brief description of the ordinance. The
Planning Commission voted 9-0 in favor of the request.
Quin Thompson, Applicant stated he disagreed with some of Mr. Stoll's presentation. He stated
he's never heard of providing diagrams that show a potential right-of-way as a guideline for City
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Council to make their decision. He spoke about the proposed rezoning. He stated he's asking for
the flexibility to adjust his footprint.
Council Member Marsh moved to suspend the rules and go to the second reading. Council
Member Scroggin seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Marsh moved to suspend the rules and go to the third and final reading.
Council Member Scroggin seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Turk: This is an established RSF-4 neighborhood and is the definition of spot
zoning. While this may be a unique case, it might start a trend in the neighborhood. I ran on
neighborhood integrity and I won't be supporting this.
Council Member Petty stated he would support the rezoning. He stated this isn't spot zoning and
it doesn't meet the definition of it. He stated he was surprised to read in the staff report that staff
didn't want to issue a determination. He spoke about compatibility. He stated past votes by the
Council have had a consensus that they think Neighborhood Conservation is compatible with RSF-
4, even in RSF-4 neighborhoods with conditions like this one.
Council Member Gutierrez: I ran on appropriate infill. In this case, it's a major thoroughfare and
I see it potentially having a lot more possibility for density. It makes sense there. It is important to
support this.
Council Member Smith stated he supports the rezoning. He stated what he found unique about it
in the neighborhood is that the existing building sits to one side of the lot. He stated NC and RSF-
4 are almost universally compatible and fits because of the character of the specific area.
Council Member Marsh: In the application, the applicant wanted to redevelop the lot with a small
house and wanted adjustments to their setbacks to preserve the post oaks that were in the middle
of the lot. Tree preservation is a valid goal and the scale they are looking to do is consistent with
RSF-4. It seems appropriate for this street in this context.
Council Member Bunch stated she is in support of the rezoning. She spoke about the proximity
of the property to College Avenue and commercial areas. She stated it lends itself to higher density.
Council Member Scroggin: Neighborhood Conservation is kind of new. If you make a new zone
and your definition of spot zoning is it's not the same zoning as everything that's around it, then
you would never not be spot zoning when you start something new. This is compatible.
Council Member Turk stated it is very steep and North Street is very busy in this area. She
believes it presents a potential traffic hazard.
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City Council Meeting Minutes
January 3, 2019
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Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1.
Council Members Smith, Marsh, Kinion, Petty, Scroggin, and Bunch voting yes. Council
Member Turk voting no. Council Member Gutierrez was absent during the vote.
Ordinance 6139 as Recorded in the office of the City Clerk
Galls, LLC d/b/a Cruse Uniforms and Equipment: An ordinance to waive the requirements of
formal competitive bidding and authorize a one year contract with automatic renewals for four
additional one year terms with Galls, LLC d/b/a Cruse Uniforms and Equipment for the purchase
of police service weapons, uniforms, equipment, and quartermaster services.
City Attorney Kit Williams read the ordinance.
Mike Reynolds, Deputy Chief of Police gave a brief description of the ordinance.
Council Member Bunch: By purchasing them from a brick and mortar store allows people to go
in and try on their uniforms before they buy them?
Mike Reynolds: Yes.
Council Member Smith 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 Marsh moved to suspend the rules and go to the third and final reading.
Council Member Smith 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 6140 as Recorded in the office of the City Clerk
Watershed Conservation Resource Center MOU: An ordinance to waive the requirements of
formal competitive bidding and approve a Memorandum of Understanding with the Watershed
Conservation Resource Center for a term of five years to establish a general framework of
cooperation to seek funding, conduct stream restoration projects and to work together on nonpoint
source related issues.
City Attorney Kit Williams read the ordinance.
Chris Brown, City Engineer gave a brief description of the ordinance.
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Council Member Smith: After 10 years with them, are you happy with the work they do?
Chris Brown: Absolutely. They fill a niche that nobody else does. They are looking every day on
behalf of the city for opportunities and funding sources to do projects.
Council Member Smith: Is there anybody else that does what they do?
Chris Brown: Not really.
Don Marr, Chief of Staff: We are extremely satisfied with their performance. It's resulted in
reducing lost property from eroding banksides. It has allowed us to improve water quality. In every
case, they've brought matching funds or the city has been able to get these benefits for a much
lower cost than if we had to do them ourselves. They provide maintenance services.
Council Member Smith: I had the privilege of going out and seeing a couple of their projects and
they are impressive.
Council Member Bunch stated she has seen some of the projects they have done and they are
impressive. She spoke about the improvements at the airport.
Council Member Marsh moved to suspend the rules and go to the second reading. Council
Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Smith 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 6141 as Recorded in the office of the City Clerk
Announcements:
Don Marr, Chief of Staff stated Lake Fayetteville and Lake Sequoyah would be closed from
December 23, 2018 through January 14, 2019 for general maintenance.
He stated the city is seeking public input regarding the Storm Water Management Study at the
January 9, 2019 meeting from 2:00 p.m. to 4:00 pm at the Fayetteville Public Library. The next
meeting will be on January 10, 2019 from 5:30 p.m. to 7:30 p.m. at the Arkansas and Research
Technology Park. He encouraged citizens to attend to let their voices be heard.
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City Council Meeting Minutes
January 3, 2019
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City Council Agenda Session Presentations: None
City Council Tour: None
Adlournrne�t: 6:55 p.m.
ayor Sondra E. Smith, City Clerk Treasurer
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