LIVE UPDATES: City Council Recap: Dec. 20, 2016

File photo

On the agenda

  • Approving the Macey Drive Townhomes off Mount Comfort Road.
  • Recognition of outgoing Alderman Martin Schoppmeyer.
  • Changes to the scope of the Active Transportation Advisory Committee.
  • A contract for reconstruction of the Wilson Park playground.
  • A contract for a stormwater education program for 2017.

» Download the agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 20, 2016 inside room 219 of City Hall, located at 113 W. Mountain St. in Fayetteville.

Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.


Roll Call

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

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Alderman Martin W. Schoppmeyer Jr. Recognition


Agenda Additions

1. Resolution of support for 7Hills Homeless Center: – A resolution expressing the City Council’s support of the mission of the 7Hills Homeless Center to assist Fayetteville’s homeless population, as requested by Alderman Justin Tennant.
Pass 7-0


Consent

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

1. Approval of the Dec. 6, 2016 City Council Meeting Minutes
Pass 7-0

2. Fayetteville Fire Department Donation Revenue (Details): A resolution to approve a budget adjustment in the amount of $100.00 representing donation revenue from Newk’s Eatery to the Fayetteville Fire Department for the annual Employee Service Awards Event.
Pass 7-0

3. Body Worn Camera Implementation Program Grant Award (Details): A resolution to authorize acceptance of a 2016 Body Worn Camera Implementation Program 50/50 matching grant award in the total amount of $186,496.00, of which $67,680.00 will be used by the Fayetteville Police Department, with $73,696.00 to be disbursed to the City of Springdale and $45,120.00 to Washington County, and to approve a budget adjustment.
Pass 7-0

4. Internet Crimes Against Children (ICAC) Grant Award (Details): A resolution to authorize acceptance of a non-matching grant from the Internet Crimes Against Children Task Force Program in the amount of $10,000.00, and to approve a budget adjustment.
Pass 7-0

5. Federal and State Law Enforcement Forfeitures (Details): A resolution to approve a budget adjustment in the total amount of $63,682.00 recognizing revenue associated with federal and state law enforcement forfeitures.
Pass 7-0

6. Jail Services Amended Interlocal Agreement (Details): A resolution to approve the eighth amended interlocal agreement for jail services with Washington County, Arkansas increasing the booking fee from $60.00 to $62.00 per prisoner in 2017.
Pass 7-0

7. Fayetteville Police Department Donation Revenue (Details): A resolution to approve a budget adjustment in the total amount of $2,515.00 recognizing donation revenue to the Fayetteville Police Department in support of officer recognition.
Pass 7-0

8. Designation of Collector of Fines Assessed in the Washington County District Court (Details): A resolution to designate the Washington County District Court, Fayetteville Department Clerk to be primarily responsible for the collection of fines assessed in this court.
Pass 7-0

9. Bid No. 16-50 Pianalto Construction (Details): A resolution to award Bid No. 16-50 and authorize a contract with Pianalto Construction, Inc. of Tontitown, Arkansas in the amount of $156,937.00 for construction of the Transportation Salt Storage Facility, and to approve a project contingency in the amount of $30,000.00.
Pass 7-0

10. Animal Services Donation Revenue (Details): A resolution to approve a budget adjustment in the amount of $27,167.00 representing donation revenue to Animal Services from April through October 2016.
Pass 7-0

11. Hogwash Carwash, LLC (Details): A resolution to approve a 50/50 cost share agreement with Hogwash Carwash, LLC for construction of a sewer main along a portion of East Huntsville Road between South Erika Avenue and South Seven Hills Drive at a total cost of $8,232.00.
Pass 7-0

12. Mitchell, Williams, Selig, Gates & Woodyard, PLLC Amendment No. 5 (Details): A resolution to approve Amendment No. 5 to the contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the amount of $20,000.00 for additional legal services related to the White River Water Quality Standards Petition to the Arkansas Pollution Control and Ecology Commission, and to approve a budget adjustment.
Pass 7-0

13. City Hall Audio-Visual Renovation (Details): A resolution to approve a budget adjustment in the amount of $5,921.00 consolidating three project accounts related to the City Hall Audio-Visual Renovation Project and to approve a change order for accounting purposes.
Pass 7-0

14. Bid No. 16-63 T-N-T, Inc. (Details): A resolution to award Bid No. 16-63 and authorize a contract with T-N-T, Inc. of Van Buren, Arkansas in the amount of $97,560.00 for construction of an access drive, curb and gutter, and parking improvements at Wilson Park, and to approve a project contingency in the amount of $9,756.00.
Pass 7-0

15. Compensation for Elected Officials (Details): A resolution to allow the City Attorney as all other city employees who have attained their top salary range to receive a one-time service award.
Pass 7-0


Pulled From Consent

1. PPL 16-5641 (SE of Persimmon & Broyles/Sloanbrooke SD, Phase II) (Details): A resolution to approve a Master Street Plan amendment to remove a portion of an unnamed, unbuilt proposed collector street from Persimmon Avenue to Holland Drive.
Pass 7-0

Notes: This item needed to be amended to include the correct street name before it was passed, but items must be pulled from the Consent Agenda before an amendment can legally occur. It was listed as item No. 15 on the Consent Agenda. The amendment passed 7-0.

Unfinished Business

1. Appeal of LSD 16-5488 the Macey Drive Townhomes (Details): A resolution to grant the appeal of Tim Briseiel of Legacy Ventures and to approve LSD 16-5488 Macey Drive Townhomes.
Pass 5-2

Notes: The proposed development would include 11 structures with 57 units.

City planning staff are in favor of the project, but the development was denied by the Planning Commission by a vote of 5-3 based on the concerns of some neighbors who were worried about the potential impact the project could have on traffic safety in case of an emergency.

Alderman Long said he also has concerns about traffic safety. Long said the neighborhood that this proposal is adjacent to – and would be accessed from – frequently includes several cars parked on the streets, which limits the width of the roadway and could make it difficult to navigate in the event of a fire or other emergency.

Tim Briseiel of Legacy Ventures said he could add a trail connecting the property to Shiloh Drive to create a secondary entrance for emergency vehicles.

Alderman Long on Dec. 6 requested the item be held for another two weeks to allow more time to consider the trail idea.

Alderman Petty said on Dec. 6 he’s in favor of the approval, stating that the area has no history of traffic or safety issues. Alderwoman Gray agreed that night, and reminded the council that the city’s fire chief does not have any safety concerns.

Fire Chief David Dayringer spoke tonight and said the Fire Marshal has assured him the streets are wide enough for a fire truck to maneuver in the event of an emergency.

The council tabled the item until the Dec. 20 meeting (tonight).

Briseiel spoke tonight and said he would reduce the maximum amount of units from 58 to 44.

Alderman Long moved to amend the resolution to include the 44-unit maximum. The amendment passed 7-0.

Three residents who spoke tonight said they’re still against the development, citing safety concerns. One man questioned whether the Fire Marshal had investigated the area in the evening when, he said, cars are typically parked on both sides of the street. Chief Dayringer said the Fire Marshal was in the neighborhood measuring the width of the street from 5:45 p.m. until about 7 p.m.

Alderman Long said he still has safety concerns, and told the council he would be voting against the request.

Alderman Petty reiterated his previous comments, stating that the area has no history of traffic issues. He said the applicant has been accommodating to all of the city’s requests to make his development work, and said he’d be voting in favor.

During the vote, the item passed 5-2, with Kinion and Long voting against.


2. Amend § 33.350 Purpose and Establishment and § 33.351 Composition (Details): An ordinance to amend § 33.350 Purpose and Establishment and § 33.351 Composition of Article XXIII Active Transportation Advisory Committee of the Fayetteville City Code to expand the scope of the committee’s duties, to recommend that the City Council appointee should also serve on the Transportation Committee, and to establish a time for the election of the committee chair.
Fail 4-4 (will return)

Notes: Alderwoman Marsh said the committee doesn’t see some proposals until late in the process, and said seeing plans earlier would give committee members a chance to help shape proposals instead of just vote on a final design.

Alderman Long said he’s mostly in favor of the ordinance, but doesn’t like the idea of having the City Council appointee from the Active Transportation Advisory Committee also serve on the Transportation Committee because it would interfere with the way the mayor typically makes his appointments.

Marsh and Kinion both said a liaison between the two committees would help the situation, and having one of the four Transportation Committee members also serve on the Active Transportation Advisory Committee isn’t a complicated matter.

City staff said regardless of the council’s decision tonight, they are committed to including the Active Transportation Advisory Committee at an earlier point in the planning process.

Alderwoman Gray said members of the Active Transportation Advisory Committee are always welcome to attend Transportation Committee meetings if they’re interested in seeing transportation plans earlier. Marsh said the committee wants more than just the opportunity to hear about plans, and would like to help discuss and shape proposals.

Long moved to amend the ordinance to remove the requirement that the council appointee from the Active Transportation Advisory Committee also serve on the Transportation Committee. The amendment passed 5-2, with Marsh and Kinion voting against.

Alderman Petty, who is chair of the Transportation Committee said he fears the proposed procedural changes could slow the design and approval process. He said he understands the intent of the ordinance, but said he’s skeptical that it would bring forth better ideas in the future. He said several of the specific concerns of the Active Transportation Advisory Committee are related to projects that are being designed using outdated methods, which are currently being modified and modernized, thanks to the efforts of the current Transportation Committee members. He said he’s conflicted about the proposal.

During the initial vote, the ordinance failed 4-4 with Tennant, Schoppmeyer, Long and Gray voting against. The item required five affirmative votes to pass, and Mayor Jordan declined to cast a vote, but he later said he was reconsidering his decision, and will bring the item back up at the next meeting. City Attorney Kit Williams said Jordan is within his rights to reconsider an issue that he declined to vote on, just as an alderman can reconsider a vote they’ve made, as long as they do so before the following meeting.


3. VAC 16-5582 (41 E. North St./Andona Properties) (Details): An ordinance to approve VAC 16-5582 submitted by Andrea Fournet to vacate the unbuilt Pike Street right-of-way between Highland and Pollard Avenue.
Pass 7-0


New Business

1. RFP No. 16-08 ACS Playground Adventures, Inc. (Details): A resolution to award RFP no. 16-08 and authorize a contract with ACS Playground Adventures, Inc. in the amount of $506,500.00 for the demolition and removal of old playground equipment and installation of new playground equipment, including the David Lyle Bayyari Music Playground, at Wilson Park, and to approve a project contingency in the amount of $50,650.00.
Pass 7-0

Notes: Here’s a rendering of what the new playground will look like once the two 20-year-old playgrounds are removed and replaced in Spring 2017. It will be the first new playground constructed in Fayetteville since 2010. This doesn’t include the musical playground equipment (read about that project here).


2. The Belford Group (Details): An ordinance to waive the requirements of formal competitive bidding and approve a one (1) year contract with the Belford Group with an option to renew for up to four (4) additional one (1) year terms to provide online recreation program registration and pavilion reservations to residents and visitors at no cost to the city.
Pass 7-0


3. Stormwater Education Agreement (Details): An ordinance to waive the requirements of formal competitive bidding through 2019 and approve a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $41,505.61 for a stormwater education program for 2017.
Pass 7-0


4. Amend § 39.10 Water and Wastewater Damage Claims (Details): An ordinance to amend § 39.10 Water and Wastewater Damage Claims by enacting a new subsection (4) to (b) requirements for property damage claims to be eligible for compensation.
Pass 7-0


5. Standing or Walking on a State or Federal Highway Prohibited (Details): An ordinance to repeal § 74.04 Hitchhiking Prohibited and enacting a new § 74.04 Standing or Walking on a State or Federal Highway Prohibited and to amend § 74.05 of the Fayetteville Code to clarify permit requirements for organizations and individuals who wish to walk or stand within a principal arterial roadway.
Pass 7-0

Notes: City Attorney Kit Williams said these changes are needed to stay within state and federal laws, and to keep the city from being sued.

6. Soliciting, Vending, Peddling (walk-on): An ordinance to repeal § 97.083 Soliciting ALMS and to Amend § 97.086 Vending and Peddling (a) of the Fayetteville Code.
Pass 7-0

Notes: Williams said just like the previous item, these changes are also needed to stay within state and federal laws, and to keep the city from being sued.

Announcements

– Residential trash collection will not occur on Monday, Dec. 26. Those customers will be serviced the following day on Dec. 27.


Adjourned

This meeting was adjourned at 7:50 p.m.