ADJOURNED: City Council recap: Nov. 5, 2013

A meeting of the Fayetteville City Council began at 6 p.m. Tuesday, Nov. 5, 2013 inside room 219 of the City Administration Building, located at 113 W. Mountain St. 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, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long
Absent: None

Reports

1. Fayetteville Town Center Report (PDF): – Sandra Bennett

Consent

1. Approval of the Oct. 15 City Council meeting minutes.
– Pass 8-0

2. Preferred Office Products, Inc. (PDF): A resolution authorizing the purchase of six (6) Cannon copiers in the total amount of $40,468.26, pursuant to a state procurement contract, from Preferred Office Products, Inc. of Fayetteville.
– Pass 8-0

3. Scruggs Equipment of Memphis, Tennessee (PDF): A resolution authorizing the purchase of one (1) Elgin Crosswind sweeper from Scruggs Equipment of Memphis, Tennessee in the amount of $223,002.00, pursuant to an NJPA Cooperative purchasing agreement, for use by the Transportation Department, and approving a budget adjustment.
– Pass 8-0

4. Bid #13-43 Southern Tire Mart, LLC (PDF): A resolution awarding Bid #13-43 and authorizing a contract with Southern Tire Mart, LLC in variable amounts for tire recapping for a period of one (1) year with automatic yearly extension for up to four (4) years.
– Pass 8-0

5. Bid #13-49 MHC Kenworth of Springdale (PDF): A resolution awarding Bid #13-49 and authorizing a contract with MHC Kenworth or Springdale in the amount of $158,000.00 for the purchase of one (1) pothole patcher truck, and approving a budget adjustment.
– Pass 8-0

6. Bid #13-50 Pick-It Construction, Inc. (PDF): A resolution awarding Bid #13-50 and approving a contract with Pick-It Construction, Inc. in the amount of $130,900.00 for the renovation of concession areas and restrooms at Walker Park, approving a ten percent (10%) project contingency and approving a budget adjustment in the amount of $16,760.00.
– Pass 8-0

7. Arkansas Historic Preservation Program (PDF): A resolution approving a grant agreement with the Arkansas Historic Preservation Program in the amount of $1,200.00 for travel and training expenses in support of the Fayetteville Historic District Commission; and approving a budget adjustment recognizing the grant revenue.
– Pass 8-0

8. Hazmat Services Revenue (PDF): A resolution approving a budget adjustment in the amount of $4,328.00 recognizing hazmat services revenue to the Fire Department, and authorizing an increase in the related expense budget.
– Pass 8-0

9. RFP #13-11, Access Control and Security System – Contract (PDF): A resolution awarding RFP #13-11 and authorizing a contract with Royal Communications, Inc. for an access control and security system for a period of one (1) year with four (4) automatic renewal options.
– Pass 8-0

10. RFP #13-11, Access Control and Security System – Phases 1-3 (PDF): A resolution authorizing the first three phases of RFP #13-11 with Royal Communications, Inc. for access control system installation for the Police Department, Solid Waste and Recycling and Fayetteville Executive Airport-Drake Field, authorizing a ten percent (10%) project contingency, and approving a budget adjustment.
– Pass 8-0

11. Energize NWA Grant (PDF): A resolution approving acceptance of an Energize NWA grant from the Endeavor Foundation in the amount of $39,940.00 for the construction of three bikeway routes linking the Razorback Greenway with the University of Arkansas and Fayetteville Public Schools, and approving a budget adjustment.
– Pass 8-0

12. 2013 Arkansas Department of Environmental Quality Grant (PDF): A resolution authorizing acceptance of a 2013 Arkansas Department of Environmental Quality Grant through the Boston Mountain Solid Waste District in the amount of $30,000.00 for the purchase of indoor apartment recycling containers, and approving a budget adjustment.
– Pass 8-0

13. Fayetteville Transportation Plan (PDF): A resolution to express the intent of the City Council to fund a Transportation Plan in the amount of $250,000.00 to $500,000.00.
– Pass 8-0

14. Ruby Architect’s, Inc. (PDF): A resolution to approve a contract with Ruby Architect’s, Inc. in an amount not to exceed $13,570.00 for architectural services for the Woolsey Homestead and to approve the attached budget adjustment.
– Pass 8-0

15. Lose & Associates, Inc. (PDF): A resolution awarding RFQ #13-13 and authorizing a contract with Lose & Associates, Inc. in an amount not to exceed $86,735.00 for landscape architectural, architectural and engineering services for the design of a regional park master plan and a preliminary grading and drainage plan, and approving a ten percent (10%) project contingency.
– Pass 8-0

16. PPL 13-4437 (Skillern Road Master Street Plan Amendment/Oak Creek) (PDF): A resolution for PPL 13-4437 amending the Master Street Plan removing the extension of Skillern Road, a principal arterial, between Oakland Zion Road and Mission Boulevard, as described and depicted in the attached map.
– Pass 8-0

Unfinished Business

1. Amend UDC Height and Setback Regulations (PDF): An ordinance to Amend §§161.16, 161.18, 161.19, 161.20, 161.21, 161.22, 161.23, 161.24, and 161.25 to change setbacks and stepbacks for adjoining property and height limitations for several districts and to amend §164.11 Height and Setback Regulations; Exceptions to reduce or eliminate setbacks in certain circumstances, to require wider sidewalks for buildings higher than 36 feet and to provide a building height variance for buildings receiving LEED Gold Certification and meeting other requirements, and to amend §156.02 (F) to authorize a requirement for a height variance applicant to provide a Viewshed Analysis or Sun/Shadow Study. This ordinance was left on the third reading before being tabled and referred to the Planning Commission at the Oct. 15 meeting.
– Tabled 8-0*
* Tabled until Dec. 3 to allow for a recommendation from the Ordinance Review Committee.

2. RZN 13-4467 (Mount Comfort and Shiloh/Kum & Go) (PDF): An ordinance rezoning that property described in rezoning petition RZN 13-4467, for approximately 1.65 acres located at the northwest corner of Mount Comfort Road and Shiloh Drive from R-A, Residential Agricultural and RSF-4, Residential Single-Family, 4 units per acre, to C-1, Neighborhood Commercial. This ordinance was left on the second reading at the Oct. 15 meeting.
– Pass 6-2*
* Petty and Marsh voted against, siding with city staff who prefer the property be rezoned to a community services form-based zoning district.

3. Amend Chapter 115 Pawnbrokers (PDF): An ordinance amending Chapter 115: Pawnbrokers of the Code of Fayetteville, renaming it to Chapter 115: Pawnbrokers and Secondhand Dealers, requiring licensure of secondhand dealers and requiring electronic reporting of certain items purchased by secondhand dealers. This ordinance was left on the first reading at the Oct. 15 meeting.
– Pass 7-1*
* Long voted against after proposing an amendment to define and exclude “costume jewelry” that failed after Mayor Jordan declined to break a tie vote. Gray, Tennant, Schoppmeyer and Adams voted against the amendment.

4. Boston Mountain Solid Waste District (PDF): An ordinance waiving the requirements of formal competitive bidding and approving a contract with the Boston Mountain Solid Waste District in the amount of $25,000.00 for an environmental and recycling education program. This ordinance was left on the second reading at the Oct. 15 meeting.
– Pass 8-0

Public Hearing

1. Destiny Limousines, LLC, DBA Transportation Services (PDF): A resolution granting a Certificate of Public Convenience and Necessity to Destiny Limousines, LLC DBA Ambassador Transportation Services for the operation of two (2) to six (6) taxicabs and one (1) to two (2) limousines in the City of Fayetteville.
– Fail 4-3*
* Tennant, Schoppmeyer, Adams and Gray voted against. Alderman Long recused himself from the vote due to a potential conflict of interest (family member involved with issue). Alderman Tennant said allowing more non-Fayetteville cab companies to operate in town could lead to an overpopulation of taxis that compete with local businesses. Alderwoman Adams said she didn’t feel there was a need for more cabs.

New Business

1. Marathon Equipment Company (PDF): An ordinance waiving the requirements of formal competitive bidding and authorizing a contact with Marathon Equipment Company in the amount of $26,996.00 plus applicable freight and taxes for the purchase of a main body cylinder for the Solid Waste and Recycling Division, and approving a budget adjustment.
– Pass 8-0

2. VAC 13-4491 (2315 & 2319 N. Marks Mill Ln./Zweig) (PDF): An ordinance approving VAC 13-4491 submitted by Alan Reid and Associates for properties located at 2315 & 2319 North Marks Mill Lane to vacate an utility easement, a total of 1,363 square feet.
– Pass 8-0

3. VAC 13-4493 (491 Fairway Ln./Jarrett) (PDF): An ordinance approving VAC 13-4493 submitted by Gray Rock LLC for property located at 491 East Fairway Lane, to vacate utility easements, a total of 0.13 acres.
– Pass 8-0

4. VAC 13-4501 (3466 E. Jasper Ln./Kinney) (PDF): An ordinance approving VAC 13-4501 submitted by Eric Heller for property located at 3466 East Jasper Lane, to vacate a portion of a drainage easement, a total of 750 square feet.
– Pass 8-0

5. VAC 13-4503 (516 & 518 S. Eastern Avenue/U of A) (PDF): An ordinance approving VAC 13-4503 submitted by McGoodwin, Williams, and Yates for properties located at 516 and 518 South Eastern Avenue to vacate a right-of-way and two alleys on the subject property, a total of 0.19 acres.
– Pass 8-0

6. Amend Chapter 151.01 Definitions – Tandem Lot (PDF): An ordinance to amend the definition of “Tandem Lot” in §151.01 Definitions of the Unified Development Code.
– Pass 8-0