City Council Recap: Jan. 3, 2017

File photo

On the agenda

  • 20 bids and purchases for various materials and city vehicles.
  • Approval of the proposed 2017 Asphalt Overlay Projects.
  • A funding assistance contract with Seven Hills Homeless Center.
  • Allowing rate flexibility at the Meadow Street Parking Garage.
  • A partnership with the state highway department for improvements to Highway 112.
  • Rezoning 0.85 acres at 1633 E. Zion Road.
  • Creating two new zoning districts.
  • Denial of preliminary plats at Park Meadows and Mountain Vista Subdivision.

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A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Jan. 3, 2017 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, Sarah Bunch, John La Tour, Alan Long*
Absent: None

* Three aldermen left early due to illness. Kinion left before the Consent Agenda was read, Marsh left after New Business item #2, and Long left during New Business item #6.

» View current attendance records


Pre-Meeting Items

1. Oaths of Office: Mayor Lioneld Jordan, City Clerk Treasurer, Sondra E. Smith, Sarah Marsh, Alderman Ward 1, Matthew Petty, Alderman Ward 2, Sarah Bunch, Alderman Ward 3, and Alan Long, Alderman Ward 4


City Council Meeting Presentations, Reports and Discussion Items

1. Nominating Committee Report – Presented by Alderman Mark Kinion
Pass 8-0

Nominations:
Fayetteville Public Library Board of Trustees – Rob Qualls
Active Transportation Advisory Committee – Drew Wallis, Chris Baribeau
Airport Board – William Corley, Todd Crane, Lizzie Johnson
Animal Services Advisory Board – Catherine E. Donnelly
Audit Committee – No applicants
Civil Rights Commission – Charles Watson, Chris Christoffel
Energy Improvement District – Frank Mayfield
Environmental Action Committee – Claire Allison, Colin Massey
Parks and Recreation Advisory Board – Dana Smith, Wade Colwell, William (Bill) Putman
Telecommunications Board – Chad Harcourt
Urban Forestry Advisory Board – Alan Ostner, Glenda M. Patterson, Amy Jones, Audra Rogers

2. Housing Authority Board Appointment – Presented by Mayor Lioneld Jordan
Pass 8-0

Appointment:
Housing Authority Board of Commissioners – Laurence McMahon

3. City Council Committee Appointments – Presented by Mayor Lioneld Jordan
Pass 8-0

Appointments:
Transportation Committee – Adella Gray, Matthew Petty, Justin Tennant, Alan Long
Water & Sewer Committee – Sarah Marsh, Mark Kinion, Sarah Bunch, John La Tour
Nominating Committee – Sarah Marsh, Mark Kinion, Sarah Bunch, Alan Long
Ordinance Review Committee – Adella Gray, Matthew Petty, Justin Tennant, John La Tour

4. Report of the Firemen’s and Policemen’s Pension and Relief Fund – Presented by Mayor Lioneld Jordan


5. Election of Vice Mayor – Process led by Mayor Lioneld Jordan

Notes: Mark Kinion nominated Sarah Marsh for a second term, and Alderman Tennant nominated Alan Long. During the vote, Long won 5-3, and received votes from himself, Adella Gray, Justin Tennant, Sarah Bunch and John La Tour. Marsh received votes from herself, Mark Kinion and Matthew Petty.

Consent

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

1. Approval of the Dec. 20, 2016 City Council Meeting Minutes
Pass 7-0

2. Gallagher Benefits Services (Details): A resolution to approve a renewal of the contract with Gallagher Benefits Services in the amount of $28,800.00 for the provision of city employee benefits broker services through the second half of 2017.
Pass 7-0

3. Pierce Manufacturing, Inc. (Details): A resolution to approve the purchase of a 2017 Arrow XT Fire Engine from Pierce Manufacturing, Inc. of Appleton, Wisconsin in the amount of $540,618.00 pursuant to a Houston-Galveston Area Council Cooperative Purchasing Contract, and to approve a contingency in the amount of $54,061.80.
Pass 7-0

4. Bid No. 16-64 Benchmark Construction of NWA, Inc. (Details): A resolution to award Bid No. 16-64 and authorize a contract with Benchmark Construction of NWA, Inc. in the amount of $485,058.00 for the construction of infrastructure and land development necessary for installation of the Fire Department Training Facility, and to approve a project contingency in the amount of $72,758.70.
Pass 7-0

5. Bid No. 16-45 Crushed Rock Salt (Details): A resolution to award Bid No. 16-45 and authorize the purchase of bulk crushed rock salt from Central Salt, LLC for $75.00 per ton for materials picked up and $77.68 per ton for materials delivered as needed through July 31, 2017.
Pass 8-0

6. Bid No. 17-02 Construction – Curb & Gutter (Details): A resolution to award Bid No. 17-02 and authorize the purchase of curb and gutter construction from Fochtman Enterprises, Inc. as a primary supplier and Tomlinson Asphalt as secondary supplier in variable amounts and for varying unit prices as needed through the end of 2017.
Pass 7-0

7. Bid No. 17-04 Concrete Purchase (Details): A resolution to award Bid No. 17-04 and authorize the purchase of concrete from Tune Concrete Company as primary supplier and APAC Central as secondary supplier in variable amounts and to authorize the use of other bidders based on price and availability as needed through the end of 2017.
Pass 7-0

8. Bid No. 17-05 Aggregate Materials (Details): A resolution to award Bid No. 17-05 and authorize the purchase of aggregate materials from Hunt Rogers Materials, LLC as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2017.
Pass 7-0

9. Bid No. 17-07 Hillside Gravel (Details): A resolution to award Bid No. 17-07 and authorize the purchase of Hillside Gravel from Les Rogers, Inc. in varying amounts and for variable unit prices as needed through the end of 2017.
Pass 7-0

10. Bid No. 17-08 Plastic Drainage Pipe (Details): A resolution to award Bid No. 17-08 and authorize the purchase of plastic drainage pipe for varying unit prices from various vendors, as needed through the end of 2017.
Pass 7-0

11. Bid No. 17-09 Concrete Drainage Pipe (Details): A resolution to award Bid No. 17-09 and authorize the purchase of concrete drainage pipe from Scurlock Industries, Inc. in variable amounts and for varying unit prices as needed through the end of 2017.
Pass 7-0

12. Bid No. 17-10 Screened Topsoil (Details): A resolution to award Bid No. 17-10 and authorize the purchase of screened topsoil from Les Rogers, Inc. as primary supplier and Sweetser Construction, Inc. as secondary supplier in variable amounts and for varying prices as needed through the end of 2017.
Pass 7-0

13. Bid No. 17-12 Retaining Wall Blocks (Details): A resolution to award Bid No. 17-12 and authorize the purchase of retaining wall blocks for varying unit prices from various vendors as needed through the end of 2017.
Pass 7-0

14. Bid No. 17-13 High Performance Cold Mix Asphalt (Details): A resolution to award Bid No. 17-13 and authorize the purchase of high performance cold mix asphalt from Hutchens Construction Co. as primary supplier and Atlas Asphalt, Inc. as secondary supplier in variable amounts and for varying prices as needed through the end of 2017.
Pass 7-0

15. Bid No. 17-16 Tree Grates and Frames (Details): A resolution to award Bid No. 17-16 and authorize the purchase of tree grates and frames for varying unit prices from various vendors and authorizing the use of other bidders based on price and availability as needed through the end of 2017.
Pass 7-0

16. Bid No. 17-17 Decorative Fencing (Details): A resolution to award Bid No. 17-17 and authorize the purchase of decorative fencing from Barmac Access Controls LLC d/b/a Modern Fence of NWA as primary supplier and Fence Co., Inc. as secondary supplier and authorizing the use of other bidders based on price and availability as needed through the end of 2017.
Pass 7-0

17. Bid No. 17-18 Reflectorized Paint Markings (Details): A resolution to award Bid No. 17-18 and authorize the purchase of reflectorized paint markings from Custom Pavement Maintenance and Safety, LLC in variable amounts and for varying unit prices as needed through the end of 2017.
Pass 7-0

18. Bid No. 17-19 Waste Disposal for Construction Debris (Details): A resolution to award Bid No. 17-19 and authorize the purchase of waste disposal services for construction debris from S&R Trucking Winslow, LLC and Holtzclaw Excavating, Inc. in variable amounts and for varying unit prices as needed through the end of 2017.
Pass 7-0

19. Bid No. 17-20 Truck Hauling Services (Details): A resolution to award Bid No. 17-20 and authorize the purchase of truck hauling services from Garman Trucking, LLC at the rate of $72.50 per hour and to authorize the use of other bidders based on price and availability as needed through the end of 2017.
Pass 7-0

20. Proposed Asphalt Overlay Projects (Details): A resolution to approve the Transportation Division overlay and sidewalk projects list for 2017.
Pass 7-0

21. Superior Automotive Group – Police Department (Details): A resolution to approve the purchase of a police package Chevrolet Tahoe from Superior Automotive Group of Siloam Springs in the amount of $31,262.00, pursuant to a state procurement contract, for use by the Police Department.
Pass 7-0

22. Superior Chevrolet – Police Department (Details): A resolution to approve the purchase of a Chevrolet Traverse from Superior Chevrolet of Siloam Springs in the amount of $23,329.85, pursuant to a state procurement contract, for use by the Police Department.
Pass 7-0

23. Superior Chevrolet – Police Department (Details): A resolution to approve the purchase of a Chevrolet Traverse AWD from Superior Chevrolet of Siloam Springs in the amount of $25,188.21, pursuant to a state procurement contract, for use by the Police Department.
Pass 7-0

24. Superior Chevrolet – Water and Sewer Operations Division (Details): A resolution to approve the purchase of a Chevrolet Traverse from Superior Chevrolet of Siloam Springs in the amount of $25,578.21, pursuant to a state procurement contract, for use by the Water and Sewer Operations Division.
Pass 7-0

25. Susan Sullivan d/b/a Flying Q (Details): A resolution to approve a special use permit allowing Susan Sullivan d/b/a Flying Q to operate a guided horseback trail ride business on the Lake Sequoyah Equestrian Trails for a fee of $5.00 per horse on each trail ride.
Pass 7-0

26. Kessler Mountain Regional Park (Details): A resolution to approve a deed restriction covenant restricting development in certain portions of Kessler Mountain Regional Park as required by the U.S. Army Corps of Engineers Section 404 Nationwide Permit Number 2014-00110.
Pass 7-0

27. Seven Hills Homeless Center (Details): A resolution to approve a contract with Seven Hills Homeless Center to provide funding assistance in the amount of $103,000.00 for utilities, maintenance and repairs at the Walker Family Residential Community Complex in 2017.
Pass 7-0

Notes: Alderman Kinion left the meeting before this vote.

Unfinished Business

None


New Business

1. Asphalt Materials (Details): An ordinance to waive the requirements of formal competitive bidding during 2017 for the purchase of asphalt materials for use by the Transportation Division, but to require informal quarterly bids or quotes.
Pass 7-0


2. Mark Zweig, Inc. (Details): An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Mark Zweig, Inc. for a water main upgrade along a portion of North Church Avenue between West Spring Street and West Dickson Street with the estimated amount to be paid by the City of Fayetteville not to exceed $103,665.15, and to approve a project contingency in the amount of $20,733.03.
Pass 7-0


3. Amend § 72.58 Off-Street Parking Facilities; Rules and Rates (Details): An ordinance to amend subsection (i) rates for parking in city parking garages of § 72.58 Off-Street Parking Facilities; Rules and Rates of the City Code to allow more flexibility for monthly parking rates in the Meadow Street Parking Garage.
Pass 5-0

Notes: Marsh left the meeting before this vote.

4. Arkansas State Highway and Transportation Department (Details): A resolution to allow the City of Fayetteville to enter into a partnering agreement with the Arkansas State Highway and Transportation Department for improvements to Highway 112 between Razorback Road and Garland Avenue, and to approve the reclassification of Highway 112 between 15th Street and Interstate 49 as a city street.
Pass 5-0


5. RZN 16-5664 (1633 E. Zion Rd./Mayes) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5664 for approximately 0.85 acres located at 1633 E. Zion Road from RSD-4, Residential Single Family, 4 units per acre to NS, Neighborhood Services.
Pass 5-0

Notes: City staff are in support of this request. The Planning Commission voted 8-0 to recommend approval on Dec. 12, 2016. Ward 3 Alderman Justin Tennant said with the continued growth in northeast Fayetteville, he hopes the council continues to discuss the need for more sidewalk connectivity in that area.

6. Amend Chapters 160, 161, 162, 164, 166, 167, and 169 (Details): An ordinance to amend Chapters 160, 161, 162, 164, 166, 167, and 169 of the Unified Development Code to create two new zoning districts: Residential Intermediate – Urban and Neighborhood Services – General and new use unit 12 b. General Business and to make further changes to incorporate these amendments into the Unified Development Code.
Left on the first reading

Notes: Jeremy Pate, the city’s development services director, said these changes were brought forward by city staff to allow greater flexibility in medium-intensity commercial and medium-intensity urban residential development. He said over the past year, planning staff have received feedback from developers, commissioners and aldermen that the current zoning districts need to be broadened to provide sufficient flexibility to adequately pursue the goals laid out in City Plan 2030, particularly with regards to the pursuit of appropriate infill and traditional town form. The Planning Commission voted 9-0 to recommend approval on Nov. 28, 2016. Pate asked that the item be held on the first reading tonight to allow more time for people to consider the new options.

7. Preliminary Plat 16-5642 (Park Meadows) Grant Appeal (Details): A resolution to grant the appeal of City Council member Adella Gray and to deny Preliminary Plat 16-5642 (Park Meadows) because such development would create or compound a dangerous traffic condition in violation of § 166.02 (c)(2) (a)(iv) of the Unified Development Code.
Tabled until Jan. 17

Notes: The subject property is located at the southeast corner of Huntsville Road and Morningside Drive, and extends south to 15th Street. The proposal is to develop the site into a 290-lot residential subdivision.

The Planning Commission originally approved the project 6-3 on Nov. 28, 2016 after two hours of discussion. Alderwoman Adella Gray sponsored the appeal of that decision after hearing from numerous residents who are concerned that the new development will cause dangerous traffic conditions in the area.

Development Services Director Jeremy Pate said after receiving the results of a traffic study (PDF), planning staff recommend that the applicants extend the turn lane on Huntsville Road and continue bicycle and sidewalk improvements on the Huntsville Road frontage property. Applicant representative Jesse Fulcher tonight agreed to Pate’s suggestions.

Residents who spoke Tuesday said further traffic analysis is needed before the project moves forward. Some advocated for more infrastructure improvements, including a four-way stop at McClinton and Morningside and/or a stoplight at Huntsville and Morningside, while others expressed concerns about the displacement of wildlife that would occur once the property is developed.

Staff said Tuesday that the expected traffic counts do not warrant a traffic signal at Huntsville and Morningside, but told the council the protocol is to measure the traffic following the completion of developments to ensure that the actual counts don’t exceed the projected counts. Chris Brown, city engineer, said if a signal is ultimately warranted, it would take about six months to get it installed, and would cost $100,000-$150,000 depending on who performed the work.

The council voted 4-1 (Petty voted against) to amend the resolution to read that the project is approved with the recommended staff changes (extended turning lane, bicycling and sidewalk improvements).

Alderman Petty said he’s uncomfortable with the way the language was amended, calling tonight’s process “highly unusual” because the new amendment makes it impossible to deny the project. Since a vote in support of the new resolution language approves the project (with the added changes) and denial of the resolution approves the project (but without the added changes), there is no way to deny the project at this point. He moved to table the item for two weeks to allow more time for the full council to weigh in (Kinion, Marsh and Long left the meeting early) and to discuss other possible changes with the developer.

The council voted to table the item for two weeks.


Quick Summary: The item is on hold until Jan. 17.


8. Preliminary Plat 16-5574 (Mountain Vista Subdivision) Grant Appeal (Details): A resolution to grant the appeal of City Council member Adella Gray and to deny Preliminary Plat 16-5574 (Mountain Vista Subdivision) because such development would create or compound a dangerous traffic condition in violation of § 166.02 (c)(2)(a)(iv) of the Unified Development Code.
Tabled until Feb. 7

Notes: The subject property is located north of the Fayetteville Country Club on the east side of Country Club Drive. The applicant proposes to develop the site into a 52-lot single-family subdivision, preserving the existing home on one of the lots.

The Planning Commission originally approved the project 5-3 on Dec. 12, 2016 after a significant amount of public comment and discussion. Alderwoman Adella Gray sponsored the appeal of that decision at the request of area neighbors.

Residents who are opposed to the project have expressed concerns about traffic safety, water pressure, and emergency access.

Steve Clark, who is president of the Fayetteville Chamber of Commerce but told aldermen he was speaking as a resident, said he is in favor of the development, but has concerns about traffic safety. He asked the council to table the item to allow more time for discussion amongst neighbors, aldermen and city planners.

Alderman La Tour voted against the tabling. Long left the meeting before this vote.


Announcements

– Residents can place live trees on the curb for collection during their regular trash collection day.


Adjourned

This meeting was adjourned at 8:47 p.m.

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