City Hall

LIVE UPDATES: Fayetteville City Council recap: Dec. 5, 2017

By Todd Gill ·

File photo

On the agenda

  • Rezoning 24 acres along North College Avenue.
  • Accepting a $1.77 million grant to fund design of a cultural arts corridor.
  • Investing the $3.1 million promised to TheatreSquared.
  • Adopting the 2017 Water Master Plan Update.
  • Selling a small parcel of land south of George’s Majestic Lounge.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 5, 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, Kyle Smith
Absent: None

» View current attendance records

City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report – Paul Becker, City Finance Director

2. Election of Vice Mayor – Mark Kinion elected

Notes: Mark Kinion was nominated by Sarah Marsh, and Matthew Petty was nominated by John La Tour. During the vote, Kinion won by a vote of 5-3. Adella Gray, Sarah Marsh, Mark Kinion, Sarah Bunch and Kyle Smith voted for Kinion. Justin Tennant, Matthew Petty and John La Tour voted for Petty. This vote was needed because former Vice Mayor Alan Long resigned last month. Kinion’s term will only last through the end of the year, but it’s his third time to be elected to the position. He served as vice mayor in 2014 and 2015.


Mayor Jordan congratulated Kinion, which drew a chuckle from the council, considering the term only lasts through the remainder of the year…which only includes one more regular council meeting.

Consent

Consent items are approved in a single, all-inclusive vote unless pulled by a council member.

1. Approval of the Nov. 21, 2017 City Council Meeting Minutes
– Pass 8-0

2. Arkansas Forestry Commission Firewise Grant (Details): A resolution to authorize acceptance of an Arkansas Firewise Grant from the Arkansas Forestry Commission in the amount of $500.00 for use by the Fire Department, and to approve a budget adjustment.
– Pass 8-0

3. RFP #17-13 Gallagher Benefits Services (Details): A resolution to award RFP #17-13 and authorize a one- (1) year contract with Gallagher Benefits Services in the amount of $80,000.00, with automatic renewals for up to four (4) additional one- (1) year terms, for the provision of city employee benefits broker services.
– Pass 8-0

4. Bid #17-57 Truck Centers (Details): A resolution to award Bid #17-57 and authorize the purchase of a Freightliner M2-112 Roll Off Truck from Truck Centers of Springdale, Arkansas in the amount of $148,663.00 for use by the Recycling and Trash Collection Division.
– Pass 8-0

5. Bid #17-58 Truck Service Center, Inc. (Details): A resolution to award Bid #17-58 and authorize the purchase of a UniCarriers PF50LP Forklift from Lift Truck Service Center, Inc. of Springdale, Arkansas in the amount of $23,911.95 for use by the Wastewater Treatment Division.
– Pass 8-0

6. Bid #17-62 Williams Tractor (Details): A resolution to award Bid #17-62 and authorize the purchase of two Bobcat E45 T4 Compact Track Excavators from Williams Tractor of Fayetteville, Arkansas in the total amount of $83,988.00 for use by the Water and Sewer Operations Division.
– Pass 8-0

7. Bid #17-63 Henard Utility, Inc. (Details): A resolution to award Bid #17-63 and authorize the purchase of a Seca Sewer Jetter Truck from Henard Utility, Inc. of Searcy, Arkansas in the amount of $217,575.00 for use by the Water and Sewer Operations Division.
– Pass 8-0

8. Spring Street Parking Deck Fund (Details): A resolution to close the Spring Street Parking Deck Fund, transfer about $243,431.00 remaining in that fund to the Parking Fund and to approve the attached budget adjustment.
– Pass 8-0

9. BKD, LLP (Details): A resolution to approve a one-year contract with BKD, LLP for auditing services for the 2017 audit, with an option to renew for up to four additional one-year terms.
– Pass 8-0

10. Bid #17-56 81 Construction Group, Inc. (Details): A resolution to award Bid #17-56 and authorize a contract with 81 Construction Group, Inc. in the amount of $435,650.00 for the construction of the Lake Sequoyah Basin 3 Access Road, and to approve a project contingency in the amount of $43,565.00.
– Pass 8-0

11. McClelland Consulting Engineers, Inc. (Details): A resolution to approve a contract with McClelland Consulting Engineers, Inc. in the amount of $15,200.00 for testing and surveying services associated with the construction of the Lake Sequoyah Basin 3 Access Road project, and to approve a budget adjustment.
– Pass 8-0

12. McGoodwin, Williams and Yates, Inc. Amendment No. 1 (Details): A resolution to approve Amendment No. 1 to the contract with McGoodwin, Williams and Yates, Inc. in an amount not to exceed $74,016.00 for changes to the Dinsmore Trail Water Main plans, construction observation and management services, and assistance with pressure sustaining valves on the water mains.
– Pass 8-0

Unfinished Business

1. Amend §166.21 Downtown Design Overlay District (Details): An ordinance to amend §166.21 Downtown Design Overlay District by amending the applicability section to include College Avenue overlay district and to enact §166.26 College Avenue Overlay District.
– Pass 7-1

Notes: This item was moved from #2 to #1 at the request of Sarah Marsh, who wanted to ensure that staff’s proposed changes were in place before the rezoning vote.

Garner Stoll, the city’s development services director, said staff are suggesting two changes since this item was first discussed on Nov. 21:

  1. Move Use Unit 17 – Transportation trades and services, and Use Unit 18 – Gasoline Service Station and drive-in/drive-through restaurants from Permitted Uses to Conditional Uses.
  2. Reduce the maximum allowed height to four stories for all uses in the overlay area.

Council members Marsh, Kinion and Petty endorsed the changes, which were approved 8-0.

Marsh moved to amend the build-to requirements from 10-25 feet to 0-10 feet. Kinion seconded the motion, and said he thought it was worth discussing. Petty said he fully supports the intent, but doesn’t think the mechanism is right. He said if developers took full advantage of the 25 feet of setback, they’d be required to make that space pedestrian-oriented. Also, he said building a future boulevard wouldn’t be possible because the right-of-way would be unattainable if the buildings were closer to the road. “In this case, I think it’s more about treatment of the space than it is the depth,” Petty said. Kinion said he’s happy the proposal was discussed, but told Marsh he likely wouldn’t support it. During the vote, only Marsh voted in favor of the amendment.

During the final vote, Marsh voted against.

2. Rezone College Avenue (Details): An ordinance to rezone all parcels within or near College Avenue as shown on Exhibit C of the Planning Department’s agenda memo comprising about 24.62 acres.
– Pass 8-0

Notes: Petty said this has been a long process, and he’s happy it’s complete, but it’s just the first step of many needed if College Avenue is to become the type of road that the council envisions.

New Business

1. Walton Family Foundation Design Excellence Program Grant (Details): A resolution to thank the Walton Family Foundation, to authorize Mayor Jordan to accept a design excellence program grant from the Walton Family Foundation in the amount of $1,770,000.00 to fund the design of an interactive outdoor cultural arts corridor along the Razorback Regional Greenway, to authorize the issuance of a request for qualifications with the condition that only firms pre-approved by the Walton Family Foundation may respond, and to approve a budget adjustment.
– Pass 8-0

2. TheatreSquared, Incorporated (Details): A resolution to express the City Council’s acceptance and approval of TheatreSquared, Incorporated’s pledges and financial commitments as sufficient to ensure completion of TheatreSquared’s $31,500,000.00 theater project, and to authorize Mayor Jordan to invest the promised $3,100,000.00 as construction reimbursements pursuant to the contract of June 28, 2017.
– Pass 8-0

3. Area Agency on Aging of Northwest Arkansas (Details): An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and the Area Agency on Aging of Northwest Arkansas in the amount of $98,887.00 to provide public recreation services for the senior citizens of Fayetteville for 2018.
– Left on the first reading

Notes: Several residents spoke in concern over the recent firing of the center’s director. City Attorney Kit Williams said he will update the ordinance to include language that allows the city to have some input on the hiring of a new director.

4. Fayetteville Youth Center, Inc. (Details): An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $225,000.00 to provide public recreation services for the youth and citizens of Fayetteville for 2018.
– Pass 8-0

5. 2017 Water Master Plan Update (Details): A resolution to accept and adopt the 2017 Water Master Plan Update.
– Pass 8-0

6. City of Greenland Wastewater Contract (Details): A resolution to approve a fifteen- (15) year contract with the City of Greenland to accept and process their wastewater and to authorize Mayor Jordan to sign this contract.
– Pass 8-0

7. Allgeier, Martin and Associates, Inc. (Details): A resolution to authorize a professional engineering services agreement with Allgeier, Martin and Associates, Inc., pursuant to RFQ #17-01, in an amount not to exceed $480,049.00 for the engineering design and engineering observation and management services associated with electrical rehabilitation and improvements at the Paul R. Noland Wastewater Treatment Plant, to approve a project contingency in the amount of $48,004.90, and to approve a budget adjustment.
– Pass 8-0

8. CH2M Hill Engineers, Inc. Amendment No. 9 (Details): A resolution to approve Amendment No. 9 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $7,938,833.00 for services in 2018.
– Pass 8-0

9. Sale of Small Parcel of Land – George’s Majestic Lounge (Details): A resolution to authorize the sale of a small parcel of land south of George’s Majestic Lounge and west of the railroad tracks.
– Pass 8-0

Notes: Council member Justin Tennant said he was approached by the owner of George’s Majestic Lounge about this sale. City staff said they recommend keeping the very southern portion of the land to maintain the sidewalk that connects the parking lot and the area to the west. Staff said the owner of George’s said he was fine with that.

If a piece of property isn’t considered by the council to be worth more than $20,000, the land doesn’t have to be put out for competitive bidding. Council member Petty said he thinks the land might be worth more than $20,000, and proposed removing the section of the resolution that expresses the value of the land – essentially requiring a competitive bidding process. La Tour seconded Petty’s motion. The amendment passed unanimously.

It should be noted that this resolution only begins the process of selling the land. It will now go into a competitive bidding process.

Adjourned

This meeting was adjourned at 8:27 p.m.