LIVE UPDATES: City Council Recap: April 7, 2015

On the agenda

  • Requiring liability insurance for motorized bikes, motor scooters, and mopeds.
  • New rules for local election initiatives and referendums.
  • An Active Transportation Plan for design of bicycle and sidewalk infrastructure.
  • Replacement of a drainage culvert in the Washington-Willow neighborhood.
  • Prohibiting parking in front of and blocking mailboxes.
  • Purchasing a new fire engine and 11 other vehicles/equipment.

» Download the agenda (PDF)

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, April 7, 2015 inside room 219 of the City Administration Building, located at 113 W. Mountain Street in Fayetteville.

Listed below are the items up for approval and links to downloadable PDFs for more information on each item of business.


Roll Call

Present: Adella Gray, Sarah Marsh, Mark Kinion, Mayor Lioneld Jordan, Justin Tennant, John La Tour, Alan Long
Absent: Matthew Petty, Martin Schoppmeyer


City Council Meeting Presentations, Reports and Discussion Items

1. Quarterly Financial Report – 4th Quarter 2014Paul Becker, Chief Financial Officer

2. Advertising and Promotion Commission Appointment – The Commission recommends the re-appointment of Matt Behrend term ending 03/31/15
Pass 6-0


Consent

Consent items are typically approved in a single, all-inclusive vote.

1. Approval of the March 17, 2015 City Council meeting minutes.
Pass 6-0

2. Hazmat Services Revenue (PDF): A resolution to approve a budget adjustment recognizing hazmat services revenue received by the Fire Department from Washington County in the amount of $1,930.00 and increasing the related expense budget.
Pass 6-0

3. Arrow XT Fire Engine from Pierce Manufacturing, Inc. (PDF): A resolution to approve the purchase of a 2015 Arrow XT Fire Engine from Pierce Manufacturing, Inc. of Appleton, Wisconsin in the amount of $517,485.00 plus a contingency of $25,875.00 pursuant to the Houston-Galveston Area Council contract, and to approve a budget adjustment.
Pass 6-0

4. 2015 Caterpillar 308ECR Excavator from J.A. Riggs (PDF): A resolution to authorize the purchase of a 2015 Caterpillar 308ECR Excavator from J.A. Riggs of Springdale, Arkansas in the amount of $100,208.25 plus applicable taxes, pursuant to a National Joint Powers Alliance Cooperative purchasing agreement, for use by the Transportation Services Department.
Pass 6-0

5. John Deere Loader from Stribling Equipment (PDF): A resolution to authorize the purchase of a John Deere Loader from Stribling Equipment of Springdale, Arkansas in the amount of $139,750.00 plus applicable taxes pursuant to the National Joint Powers Alliance Cooperative purchasing agreement for use by the Transportation Services Department.
Pass 6-0

6. 2015 Boring Machine Series II Navigator from Vermeer Midsouth, Inc. (PDF): A resolution to authorize the purchase of a trailer mounted 2015 Boring Machine Series II Navigator from Vermeer Midsouth, Inc. of Springdale, Arkansas in the amount of $213,522.66 plus any applicable taxes pursuant to the National Joint Powers Alliance Cooperative purchasing agreement for use by the Water and Sewer Operations Division, and to approve a budget adjustment.
Pass 6-0

7. Six (6) Police Package Chevrolet Tahoes from Superior Chevrolet (PDF): A resolution to authorize the purchase of six (6) Police Package Chevrolet Tahoes from Superior Chevrolet of Siloam Springs, Arkansas in the total amount of $169,662.00, pursuant to a state procurement contract, for use by the Police Department.
Pass 6-0

8. 2015 Dodge Ram 2500 Pickup Truck from Landers Dodge (PDF): A resolution to approve the purchase of a 2015 2015 Dodge Ram 2500 Pickup Truck from Landers Dodge of Benton, Arkansas in the amount of $24,752.00 pursuant to a state procurement contract for use by the Police Department.
Pass 6-0

9. Maxsurge Healthcare Solutions, Inc. – Airport Hangar (PDF): A resolution to approve a three-year lease agreement with Maxsurge Healthcare Solutions, Inc for the airport hangar at 4580 South School Avenue for a rent of $2,893.00 per month to begin retroactively on March 1, 2015.
Pass 6-0

10. 4th Judicial District Drug Task Force Grant (PDF): A resolution to authorize acceptance of a $21,857.70 grant from the state Drug Crime Enforcement and Prosecution Fund to be matched by $5,464.43 from city funds to be used by the 4th Judicial District Drug Task Force, and to approve a budget adjustment.
Pass 6-0

11. Gulf State Distributors (PDF): A resolution to approve the purchase of ammunition needed by the Fayetteville Police Department during 2015 from Gulf State Distributors in the amount of $59,709.49 pursuant to the State of Arkansas ammunition contract.
Pass 6-0

12. Automated External Defibrillators – Police Department (PDF): A resolution to approve the purchase of automated external defibrillators for Police Department vehicles from Lifesavers, Inc. in the amount of $40,869.80 pursuant to a State of Arkansas procurement contract.
Pass 6-0

13. Peterbilt Model 348 Roll-Off Truck (PDF): A resolution to authorize the purchase of a Peterbilt Model 348 Roll-Off Truck from National Auto Fleet Group in the amount of $143,416.00 pursuant to the National Joint Powers Alliance Cooperative purchasing agreement for use by the Recycling and Trash Collection Division.
Pass 6-0


Unfinished Business

1. Amend § 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds (PDF): An ordinance to amend the Fayetteville Code by enacting § 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds.
Pass 5-1*

*Notes: Alderman La Tour voted against.

Alderman Long said there has been a 28 percent increase in accidents involving scooters in the past three years, and a 5 percent drop in liability coverage for scooter drivers involved in accidents.

Police staff said scooter accidents are a growing problem in Fayetteville and many other college towns, and that they are in strong support of requiring liability insurance for drivers of scooters with engines under 50cc.

Alderman LaTour said while it’s a good cause, the law could be confusing for drivers from other cities who might not know about Fayetteville’s requirement. He said a law like this is more suited to be addressed at the state level. He also said the measure seems like “a coercive action” by those in power. He said it’s better to trust the public to do the right thing than to say ‘we know what’s best for you.’

Police staff said they lobbied for new state legislation that would require liability insurance this year, but failed to get enough support at the state level, likely because it’s an isolated issue that’s faced only in college towns.

Alderwoman Marsh said she was torn because it’s a good idea, but she was hesitant to impose an extra financial burden on scooter drivers – many who could be driving a scooter specifically because of the low associated costs.

Alderwoman Gray said the upward trend of scooters and non-insured drivers indicates a real problem for residents who could be forced to pay for damage they didn’t cause.

Alderman Tennant said he’s changed his mind on this issue several times, but ultimately decided that one of the jobs of the City Council is to protect people from situations like this. At less that $50 per year, Tennant said the cost of liability insurance for a small scooter likely isn’t unbearable. “If our police department thinks it’s the best thing, we have to take that into consideration,” said Tennant.

FYI: City ordinances go into effect 31 days after passage.

» See our original story on this proposal from Dec. 16


2. Enact Article III Procedure To Exercise Initiative And Referendum Rights of Chapter 36: Elections (PDF): An ordinance to enact Article III Procedure To Exercise Initiative And Referendum Rights of Chapter 36: Elections into the Fayetteville Code to clarify the proper procedure for the citizens’ right of the initiative and referendum.
Pass 6-0

*Notes: Amended 6-0 (page 1, page 2) to conform with county referendum laws recently passed by state legislature at the request of City Attorney Kit Williams.


New Business

1. Crossland Heavy Contractors, Inc. (PDF): A resolution to award Bid #15-23 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $1,014,576.50 for construction of the Upper Scull Creek Drainage Improvement Project, to approve a project contingency in the amount of $152,185.00, and to approve a budget adjustment.
Pass 6-0


2. RZN 15-4953 – 1195 South Curtis Avenue (PDF): An ordinance rezoning that property described in rezoning petition RZN 15-4953, for approximately 6.8 acres, located at 1195 South Curtis Avenue from RSF-4, Residential Single Family, 4 units per acre to RMF-24, Residential Multi-Family, 24 units per acre.
Pass 6-0


3. Active Transportation Plan and Map (PDF): A resolution to adopt the Fayetteville Active Transportation Plan and Map.
Pass 6-0


4. Amend §33.329 Eligibility of Citizen Volunteers (PDF): An ordinance to amend §33.329 Eligibility of Citizen Volunteers to serve on city boards, commissions and committees to remove the restriction on the number of consecutive terms a citizen may serve.
Left on the first reading

*Notes: Alderman Long, who proposed this ordinance, said arbitrary term limits can lead to the removal of experience from boards and commissions whose recommendations can help guide future city policies.

Alderman La Tour said removing term limits could lead to stagnant thought within the boards and commissions.

Alderwoman Gray said removing term limits could lead to a ” very difficult decision” for the Nominating Committee when trying to decide between a new member and a longstanding member.

Alderwoman Marsh said turnover invites a fresh perspective to the city’s boards and commissions.

Alderman Tennant said it’s a good discussion, but decided it was best to keep the rules the same. He called the current system “cracked, but not broken” and said removing term limits could only do more harm than good.

Alderman Kinion said he needed more time to make a decision and requested the proposal be left on the first reading.


5. Enact Article XXVII Construction Board of Adjustment and Appeals (PDF): An ordinance to enact Article XXVII Construction Board of Adjustment and Appeals in Chapter 33 Departments, Boards, Commissions and Authorities of the Fayetteville Code.
Pass 6-0


6. Amend §110.01 Billposting (PDF): An ordinance to amend §110.01 Billposting.
Pass 6-0


7. Amend § 72.03 Parking Prohibited in Certain Places (PDF): An ordinance to amend § 72.03 parking prohibited in certain places of the Fayetteville Code by enacting a new subsection to prohibit parking on a city street in front of and blocking a mailbox.
Left on the first reading

*Notes: Alderman Long, who proposed this measure, said a constituent requested help because someone continuously parked in front of their mailbox, causing their mail – including utility bills – to not be delivered.

The ordinance was amended 6-0 (at the request of City Attorney Kit Williams) to allow parking in front of mailboxes on federal holidays when the U.S. Postal Service doesn’t deliver mail.

Police Chief Greg Tabor said he’s not opposed to the proposal, but mentioned a concern he has about enforcement of the law. He said a plumber or electrician who was parked in front of a home’s mailbox – even if the homeowner wanted them to be there – would be subject to a parking fine.

Alderman La Tour said he was uncomfortable changing the law for the entire city over one isolated incident.

Chief Tabor said it’s not an isolated case. He said it comes up several times per year and can be very frustrating for the resident and the police since there is no law prohibiting parking in front of a mailbox.

Williams suggested leaving the ordinance on the first reading since it would be a major change to city policy. He said it would be wise to get more public opinion considering there could be some streets with enough mailboxes and private drives so as to prohibit any on-street parking on that roadway.


Announcements

– City officials are asking for input regarding the recycling master plan that is currently being developed.


Adjourned

This meeting was adjourned at 7:49 p.m.