LIVE UPDATES: Fayetteville City Council recap: Dec. 19, 2017

File photo

On the agenda

  • Approval of the Nominating Committee Report
  • A contract with the Area Agency on Aging of Northwest Arkansas
  • A contract for the final phase of Rupple Road improvements
  • A contract with Seven Hills Homeless Center
  • Adopting an Energy Action Plan

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Dec. 19, 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. Nominating Committee Report: – City Council Member Mark Kinion
Pass 7-1

La Tour voted against. He did not say why.

New Members:

HISTORIC DISTRICT COMMISSION
Alexandria C. Lee – One unexpired Citizen at Large term ending 06/30/18

ACTIVE TRANSPORTATION ADVISORY COMMITTEE
Paxton Roberts – One Bicycle Advocate term ending 12/31/19

AIRPORT BOARD
Michael Zane Chenault – One Member at Large term ending 12/31/22

AUDIT COMMITTEE
David L. Mosley – One CPA term ending 12/31/20

CIVIL RIGHTS COMMISSION
John Pesek – One Owner or Manager of Rental Property term ending 12/31/20
Danielle L. Williams – One Human Resources/Employment Law term ending 12/31/20

ENERGY IMPROVEMENT DISTRICT NO. 1
Edward Weintraut – One unexpired Citizen at Large term ending 12/31/19
James Bell – One Citizen at Large term ending 12/31/19
Matt Pope – One Citizen at Large term ending 12/31/19

ENVIRONMENTAL ACTION COMMITTEE
Andrew Miles – One Community Citizen at Large term ending 12/31/20
Schuyler Schwarting – One Community Citizen at Large term ending 12/31/20

FAYETTEVILLE ARTS COUNCIL
Sarah Barnett – One unexpired Working Artist term ending 06/30/19

PARKS AND RECREATION ADVISORY BOARD
Richie Lamb – One Citizen at Large term ending 12/31/20
Jennifer Neill – One Citizen at Large term ending 12/31/20
Joel Freund – One Citizen at Large term ending 12/31/20

TELECOMMUNICATIONS BOARD
Sean Kinney – One unexpired Citizen at Large term ending 06/30/18

TOWN AND GOWN ADVISORY COMMITTEE
Vacant – One unexpired University of Arkansas Student living off campus term ending 09/30/19

URBAN FORESTRY ADVISORY BOARD
Preston Thibodaux – One Land Development term ending 12/31/19
Damon Lipinski – One University Representative term ending 12/31/19
Vacant – One Community Citizen at Large term ending 12/31/19


Consent

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

1. Approval of the Dec. 5, 2017 City Council Meeting Minutes
Pass 8-0

2. Animal Services Donation Revenue (Details): A resolution to approve a budget adjustment in the amount of $48,478.00 representing donation revenue to Animal Services from January through November of 2017.
Pass 8-0

3. Ranger’s Pantry and Senior Giving Tree Donations (Details): A resolution to approve a budget adjustment in the total amount of $1,006.00 representing donations to Ranger’s Pantry in the amount of $481.00 and the Senior Giving Tree in the amount of $525.00.
Pass 8-0

4. Garver, LLC Task Order No. 10 (Details): A resolution to authorize the application for Arkansas Department of Aeronautics grant funds in the amount of $117,000.00, and to approve Task Order No. 10 with Garver, LLC in the amount of $19,000.00 for bid package development, bidding services, and construction phase services for an airfield pavement marking rehabilitation project at Drake Field.
Pass 8-0

5. Garver, LLC Agreement No. 2 (Details): A resolution to approve Supplemental Agreement No. 2 to the contract with Garver, LLC in an amount not to exceed $307,167.00 for construction management services, additional archeological testing and mitigation services, and additional design services associated with the design and construction of a portion of Rupple Road between West Starry Night View and West Mount Comfort Road, and to approve a budget adjustment.
Pass 8-0

6. Town Center Entry Stairs and Landing (Details): A resolution to approve a budget adjustment in the amount of $170,000.00 to provide funds for engineering and construction costs associated with the removal and replacement of the Town Center entry stairs and landing.
Pass 8-0


Unfinished Business

1. 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.
Pass 8-0

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

The revised ordinance states that the contract has been revised to require the Parks and Recreation Director (or a designee) to be present during the interview process for a new director. Parks and Recreation Director Connie Edmonston tonight said she has already participated in the interview process.


Public Hearing

1. Raze and Removal 265 W. Nonnamaker Drive (Details): A resolution certifying to the tax collector of Washington County, Arkansas the costs of razing and removal of a dilapidated and unsafe structure upon the property owned by Harold and Rosetta Harmon located at 265 W. Nonnamaker Drive in the City of Fayetteville, Arkansas.
Pass 7-1

Notes: The property was razed and removed on Sept. 12. The cost was $7,400. Staff are seeking an abatement lien be filed for the costs.

The property owner’s daughter spoke tonight and said her father has health issues and was trying to bring the house into compliance. She said the property has a federal land patent, and it’s possible the city didn’t have jurisdiction to raze and remove the home. City Attorney Kit Williams said this has come up before, when the owner attempted to sue the city over the same claim. Williams said after filing a motion to dismiss the case, there was no response from the owner, so the suit was dismissed in court.

Williams told council members that the issue went through three City Council meetings with no resolve, and ended with a 7-1 vote to raze and remove the home. Williams said the city followed all its legal responsibilities in its attempts to work through the issue with the owner, and in the eventual razing and removal.

La Tour voted against. He said he sympathized with the owner and that it was “arrogant” of the city to raze and remove the home for being below required standards.


New Business

1. Bid #17-67 Crossland Heavy Contractors, Inc. (Details): A resolution to award Bid #17-67 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount $5,574,726.35 for the construction of a portion of Rupple Road between West Starry Night View and West Mount Comfort Road, to approve a project contingency in the amount of $418,104.00, and to approve a budget adjustment.
Pass 8-0


2. Seven Hills Homeless Center (Details): An ordinance to waive the requirements of formal competitive bidding and approve a contract with Seven Hills Homeless Center in the amount of $103,000.00 for services to homeless and needy residents in Fayetteville in 2018.
Pass 8-0


3. VAC 17-5995 (1100 W. 15th St./Pinnacle Foods) Street Right-Of-Way (Details): An ordinance to approve VAC 17-5995 for property located at 1100 W. 15th Street to vacate a portion of a street right-of-way.
Pass 8-0

Notes: A neighbor who spoke requested the item be left on the first reading to allow time to look into the flooding issues on nearby Brooks Avenue.

Council member Mark Kinion said he’d like to leave the item on the first reading to allow the Water and Sewer Committee to discuss the issue at its upcoming meeting in January.

Don Marr, the mayor’s chief of staff, said the vacation is needed for a $30 million expansion of Pinnacle Foods, a project that Fayetteville competed against another state with and won. He said the Pinnacle has been a good steward of their existing property and will bring job retention and expansion.

City Attorney Kit Williams said the item before the council is not a development-approval request, but rather simply a question of whether the right-of-way has any corporate purposes.

Council member La Tour said the item should be passed tonight to show Pinnacle Foods that the city is committed to them, just as they made a commitment to Fayetteville. Council member Adella Gray agreed, and said the item should move forward tonight.

Council member Marsh said there are indeed nearby issues with flooding, but the approval of the vacation request would not exacerbate those issues. She said she’d still like to see the committee have a discussion about those issues.

Kinion said he would concede to Marsh’s point.

The item moved forward and was passed unanimously.


4. VAC 17-5994 (1100 W. 15th St./Pinnacle Foods) Utility Easement (Details): An ordinance to approve VAC 17-5994 for property located at 1100 W. 15th Street to vacate a portion of a utility easement.
Pass 8-0


5. ADM 17-6007 (Decatur Drive between 15th Street and Shiloh Drive/Barrett Dev. Group – Master Street Plan Amend) (Details): A resolution to amend the Master Street Plan by downgrading 15th Street west of Razorback Road and Decatur Drive all the way to Shiloh Drive from Principal Arterial to Collector status.
Pass 8-0


6. Energy Action Plan (Details): A resolution to accept and adopt an Energy Action Plan for the City of Fayetteville.
Tabled 8-0 until Jan. 2

Notes: Peter Nierengarten, the city’s director of sustainability, said the plan provides an outline for how the city should continue its efforts to be resource and energy efficient.

Nierengarten said the proposal addresses four sectors: buildings, energy supply, transportation, and waste reduction/recycling. He said in addition to the sector-level goals, the plan is organized around community-wide reduction in greenhouse gas emissions. Community level goals are a 40% reduction in greenhouse gases by the year 2030 and an 80% reduction in greenhouse gases by the year 2050.

Those goals, he said, are consistent with a pledge signed by Mayor Jordan in June which commits to reducing greenhouse gas emissions in Fayetteville in line with the Paris Climate Agreement targets.

Nierengarten requested the item be tabled until Jan. 2 to allow time for public input.


Announcements

– Pedestrians and cyclists now have a safer option for crossing North College Avenue. See our story for more.
– City offices will be closed on Monday, Dec. 25 and Tuesday, Dec. 26. The next City Council agenda-setting session will be held Thursday, Dec. 28.


Adjourned

This meeting was adjourned at 7:24 p.m.