LIVE UPDATES: Fayetteville City Council recap: Jan. 2, 2018

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On the agenda

  • Electing a new vice mayor.
  • Approving 16 bid authorizations.
  • Adopting an Energy Action Plan.
  • Approving the 2018 Overlay and Sidewalk Projects list.
  • Rezoning 0.54 acres on West Whillock Street.
  • Rezoning 0.55 acres on North Porter Road.
  • Rezoning 0.86 acres south of Wedington Drive.
  • Allowing alcoholic beverages in city parks during special events.
  • Spending $122,908 to help maintain Ozark Regional Transit services.

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Jan. 2, 2018 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. Election of Vice Mayor

Notes: Council member Sarah Marsh nominated Mark Kinion. John La Tour nominated Matthew Petty, but Petty declined the nomination.

During the vote, Kinion was elected 7-0 (La Tour abstained).

It’s Kinion’s fourth time to be elected to the position. He served as vice mayor in 2014 and 2015, and was elected again last month to serve for the remainder of the year after Alan Long resigned from the council.

2. Monthly Financial Report: Finance Director Paul Becker

3. Report of the Firemen’s and Policemen’s Pension and Relief Fund


Consent

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

1. Approval of the Dec. 19, 2017 City Council Meeting Minutes
Pass 8-0

2. Arkansas Department of Transportation (Details): A resolution to approve an agreement of understanding with the Arkansas Department of Transportation for the acceptance of an 80/20 Arkansas Transportation Alternatives Program federal-aid grant in the amount of $280,000.00 for the installation of lighting along the Cato Springs Trail, and to approve a budget adjustment.
Pass 8-0

3. Bid #17-49 Summit Truck Group (Details): A resolution to award Bid #17-49 and authorize the purchase of three (3) International 7300 4×2 recycling trucks with Kann bodies in the total amount of $507,300.00 from Summit Truck Group of Lowell, Arkansas for use by the Recycling and Trash Collection Division.
Pass 8-0

4. Bid #17-64 Williams Tractor (Details): A resolution to award Bid #17-64 and authorize the purchase of a Bobcat S-595 Skid Steer and 84-inch Angle Broom in the total amount of $46,298.00 from Williams Tractor of Fayetteville, Arkansas for use by the Recycling and Trash Collection Division.
Pass 8-0

5. Bid #17-59 Bulk Crushed Rock Salt (Details): A resolution to award Bid #17-59 and authorize the purchase of bulk crushed rock salt from Central Salt, LLC for $73.00 per ton for materials picked up and $75.65 per ton for materials delivered as needed through the 2018 winter season.
Pass 8-0

6. Bid #18-01 Custom Pavement Maintenance and Safety, LLC (Details): A resolution to award Bid #18-01 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 2018.
Pass 8-0

7. Bid #18-02 Curb and Gutter Construction (Details): A resolution to award Bid #18-02 and authorize the purchase of curb and gutter construction from Fochtman Enterprises, Inc. as a primary supplier in variable amounts, and authorizing the use of other bidders based on price and availability, as needed through the end of 2018.
Pass 8-0

8. Bid #18-03 Truck Hauling Services (Details): A resolution to award Bid #18-03 and authorize the purchase of truck hauling services from B&B Roofing and Construction of Arkansas, LLC as primary supplier, and to authorize the use of other bidders based on price and availability as needed through the end of 2018.
Pass 8-0

9. Bid #18-04 Concrete Purchase (Details): A resolution to award Bid #18-04 and authorize the purchase of concrete from Tune Trucking, Inc. d/b/a Tune Concrete Company as primary supplier in variable amounts and to authorize the use of other bidders based on price and availability as needed through the end of 2018.
Pass 8-0

10. Bid #18-05 Aggregate Materials (Details): A resolution to award Bid #18-05 and authorize the purchase of aggregate materials from Hunt Rogers Materials, LLC as primary supplier and to authorize the use of various secondary vendors as needed through the end of 2018.
Pass 8-0

11. Bid #18-07 Hillside Gravel (Details): A resolution to award Bid #18-07 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 2018.
Pass 8-0

12. Bid #18-08 Plastic Drainage Pipe (Details): A resolution to award Bid #18-08 and authorize the purchase of plastic drainage pipe from Ferguson Waterworks as the primary supplier and authorizing the use of other bidders based on price and availability, as needed through the end of 2018.
Pass 8-0

13. Bid #18-09 Concrete Drainage Pipe (Details): A resolution to award Bid #18-09 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 2018.
Pass 8-0

14. Bid #18-10 Screened Topsoil (Details): A resolution to award Bid #18-10 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 2018.
Pass 8-0

15. Bid #18-11 Retaining Wall Blocks (Details): A resolution to award Bid #18-11 and authorize the purchase of retaining wall blocks from various vendors for varying unit prices as needed through the end of 2018.
Pass 8-0

16. Bid #18-12 High Performance Cold Mix Asphalt (Details): A resolution to award Bid #18-12 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 2018.
Pass 8-0

17. Bid #18-13 Construction Debris Waste Disposal Services (Details): A resolution to award Bid #18-13 and authorize the purchase of construction debris waste disposal services from Holtzclaw Excavating, Inc. in the amount of $10.00 per load as needed through the end of 2018.
Pass 8-0

18. Bid #18-15 Decorative Fencing (Details): A resolution to award Bid #18-15 and authorize the purchase of decorative fencing from Thomas Fence as primary supplier and Robinson Fence as secondary supplier and authorizing the use of other bidders based on price and availability as needed through the end of 2018.
Pass 8-0

19. 2018 T-hangar Lease Agreements (Details): A resolution to approve T-Hangar lease agreements in 2018 at the current rental rate or as adjusted upward by the airport board for all T-Hangars rented at the Fayetteville Executive Airport.
Pass 8-0

20. McGoodwin, Williams and Yates, Inc. (Details): A resolution to approve a professional engineering services agreement with McGoodwin, Williams and Yates, Inc. in the amount of $573,309.00 for the engineering design of the East Fayetteville Water System Improvements and Township Tank Project, and approving a contingency in the amount of $57,331.00.
Pass 8-0

21. 833 N. Crossover Road (Details): A resolution to approve a budget adjustment in the amount of $174,135.00 recognizing revenue from the sale of the Fire Prevention Bureau at 833 N. Crossover Road.
Pass 8-0

22. G&W Diesel Service, Inc. (Details): A resolution to approve the purchase of a 2018 Pierce Arrow XT Fire Apparatus from G&W Diesel Service, Inc. in the amount of $893,472.00 plus a performance and payment bond at a cost of $3,000.00 pursuant to the Houston-Galveston Area Council Cooperative Purchasing Contract, to approve a project contingency in the amount of $15,000.00, and to approve a budget adjustment.
Pass 8-0

23. Black Hills Energy Arkansas, Inc. (Details): A resolution to approve the conveyance of right of way and easement to Black Hills Energy Arkansas, Inc. across a portion of the West Side Wastewater Treatment Facility property and other city-owned property along Broyles Road.
Pass 8-0

24. Arkansas Fire and Police Pension Review Board (Details): A resolution to approve a budget adjustment in the amount of $1,600.00 recognizing revenue from the Arkansas Fire and Police Pension Review Board for the future supplemental benefits paid to pensioners.
Pass 8-0

25. Washington County Jail Services Ninth Amended Interlocal Agreement (Details): A resolution to approve the Ninth Amended Interlocal Agreement for jail services with Washington County, Arkansas continuing the booking fee at $62.00 per prisoner in 2018.
Pass 8-0


Unfinished Business

1. Energy Action Plan (Details): A resolution to accept and adopt an Energy Action Plan for the City of Fayetteville.
Pass 7-1

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.

La Tour said he personally likes some sustainable practices (he said he has a solar-powered clothes dryer), but is afraid the adoption of the plan could lead to new regulations that would inhibit growth in the city by placing burdens on residents and businesses.

Nierengarten said the plan does not require people to become more sustainable, but rather provides suggestions for the city to use when offering options to its residents and businesses who want to be more sustainable.

La Tour was the only member to vote against the resolution.


Public Hearing

1. Raze and Removal 171 E. Meadow Street (Details): A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Paul Brickman located at 171 E. Meadow Street in the City of Fayetteville, Arkansas, and to approve a budget adjustment of $4,715.00.
Tabled 8-0

Notes: Staff said the property has been particularly problematic, with 18 calls for service from code compliance in the past five years, and 12 calls to the police department regarding transient activity. Staff said the owner has been inconsistent with communication and unresponsive as to any intentions for abatement. Two bids were received to raze and remove the home – one for $4,715 and another for $6,300.

Council member Sarah Marsh said she received an email from the property owner who said he is working on the issue and would like more time to resolve the problems. Marsh suggested giving him 30 days to demonstrate that he’s working toward a resolution. La Tour seconded.

The item was tabled 8-0 until Feb. 20.


New Business

1. American Tower, LLC (Details): A resolution to approve the agreements for assignment of two leases for cell tower sites from Smith Communications, LLC to American Tower, LLC as requested by Smith Communications, LLC.
Pass 8-0


2. Automatic Engineering (Details): An ordinance to waive competitive bidding and to accept a repair quote of $208,198.00, plus any applicable tax with Automatic Engineering to repair seven aerator gearboxes for the Noland Wastewater Facility.
Pass 8-0

Notes: Staff said the wastewater facility uses a series of mixers and large mechanical aerators to provide the mixing and necessary oxygen for the microorganisms to treat the wastewater. The existing mixers and aerators are more than 25 years old. Staff said in the past few years, seven units have been rebuilt but many are still in need of repair. Even though they have exceeded their life expectancy, staff said rebuilding the gearboxes is significantly more cost effective than replacing them with new units and generally provides a similar life expectancy.

3. 2018 Asphalt Materials (Details): An ordinance to waive the requirements of formal competitive bidding during 2018 for the purchase of asphalt materials for use by the Transportation Division, but to require informal quarterly bids or quotes.
Pass 8-0

Notes: Staff said due to the fluctuations in the price of crude oil, local asphalt suppliers cannot feasibly guarantee a fixed price over a 12-month period. The recommendation is to bid asphalt materials on a quarterly basis without the need for further approval of the council, awarding the respective low bidder, and allowing for price adjustment requests based on the current bid language. Staff said this would ensure the city can get the lowest price throughout the year.

4. 2018 Overlay and Sidewalk Projects (Details): A resolution to approve the Transportation Division Overlay and Sidewalk Projects List for 2018.
Pass 7-1

Notes: We covered this item in our Dec. 1 story which includes a full list of all the proposed projects.

The proposed work includes 1,000 feet of sidewalk on both sides of Huntsville Road from Blair Avenue to Morningside Drive in southeast Fayetteville.

Other large projects include a 1,100-foot sidewalk on the north side of Halsell Road from Cross to Oliver avenues, 1,050 feet along the west side of Green Acres Road from Poplar Street to College Avenue, 660 feet of sidewalk along both sides of Meadow Street from Block to East avenues, and 650 feet along either the east or west side of Oliver Avenue from Maple Street to Halsell Road.

Several residents who spoke tonight are against the sidewalk on Halsell. They said it will change the dymanic of the neighborhood and that it’s only necessary on UA game days. They said other measures could ensure safety on game days without building a permanent sidewalk – like possibly changing the road to one-way or bringing in traffic officers.

Council member La Tour disagreed. La Tour, who lives at the intersection of Halsell and Oliver on land where he rents tailgating lots to fans on game days, said the new sidewalk would enhance the neighborhood by increasing safety.

Council member Kyle Smith moved to amend the proposal to remove Halsell Road and Oliver Avenue from the list. He suggested replacing it with new segments of sidewalk on Salem and Double Springs roads, but Council member Marsh suggested first sending the amendment to the Active Transportation Advisory Committee for a recommendation. That committee meets tomorrow (Jan. 3) at 5:30 p.m. in City Hall room 326.

Don Marr, the mayor’s chief of staff, said no project can replace the Halsell and Oliver sidewalks if it doesn’t fit within the same timeline and financial boundaries.

This sidewalk was originally on the 2016 sidewalks list, but was removed and replaced with a new sidewalk on North Palmer Avenue from Markham Road to West Center Street.

Council member Petty echoed some of the same sentiments he had in late 2015 when the project was first removed and replaced.

Like in 2015, Petty said while there are may be some compelling reasons for removing the project, he’s more interested in making decisions based on how many people will be affected. With no specific data to suggest that another project in Ward 4 would provide needed infrastructure to more people than on Halsell Road, he’d prefer to go with staff’s recommendation to build the sidewalk on Halsell.

Petty said he would prefer the city move to a practice of building sidewalks where they’re needed most regardless of which ward they’re in. The city has historically divided sidewalk work up between all four wards in a fairly even way each year.

Marsh moved to table the item until Feb. 6. Smith seconded the motion.

Council member Adella Gray agreed with Petty and said Halsell is a road that city staff have long suggested needs a sidewalk. She said she feels bad for residents who may not want a sidewalk in their front yards, but said the project is long overdue. She said she wants to vote tonight to approve the proposed list.

The motion to table failed with only Marsh, Kinion and Smith voting in favor.

Marsh immediately motioned to remove the Halsell and Oliver projects from the list while leaving the remainder intact. She said there are other areas in town that could use the money for a sidewalk that she thinks will benefit more people. The money for Halsell and Oliver, she said, could be used for one of those projects.

Petty asked Smith (who is one of two Ward 4 representatives) – if he would still support the removal of Halsell and Oliver if he knew the money would be put in another ward. Smith said he’s working on behalf of the neighbors who don’t want the sidewalk, and that they didn’t object to the money going elsewhere when asked.

Mayor Jordan reminded the council that the decision is ultimately his, but we would take into account all of the council and committee’s recommendations.

Marsh’s amendment passed 6-2 (La Tour and Gray voted against). During the final vote, the resolution passed 7-1 with La Tour voting against.


QUICK SUMMARY: The list was approved without the Halsell Road and Oliver Avenue sidewalks. See the full list here.


5. RZN 17-5997 (690 W. Whillock Street/Moldenhauer) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5997 for approximately 0.54 acres located at 690 W. Whillock Street from RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre.
Pass 8-0


6. RZN 17-6004 (1620 N. Porter Road/Reagor) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-6004 for approximately 0.55 acres located at 1620 N. Porter Road from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate-Urban.
Pass 8-0


7. RZN 17-6015 (SE of 4847 W. Wedington Drive/Leisure Homes #2) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-6015 for approximately 0.86 acres located south of Wedington Drive between 46th Street and Broyles Avenue from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation.
Pass 8-0


8. ADM 17-6010 (Lots 24-42 & Lots 68 & 69/Timber Trails subdivision) (Details): An ordinance to amend Residential Planned Zoning District 04-1154 Timber Trails to allow single-family homes on Lots 24-42, 68 and 69.
Pass 7-0

Notes: La Tour was absent during this vote. He returned shortly after.

9. Amend § 97.081 Intoxicating Beverages (Details): An ordinance to amend § 97.081 Intoxicating Beverages in Chapter 97: Parks and Recreation of the Fayetteville Code to allow the mayor or the mayor’s designee to authorize the consumption, possession and sale of alcoholic beverages in city parks during special events.
Pass 8-0

Notes: We covered this proposal in our Dec. 22 story. It allows the mayor to issue temporary permits for the possession, sale and consumption of alcoholic beverages in city parks during special events. Any permitted event would still be subject to state laws which require the outdoor sale and consumption of alcohol to be in areas clearly defined by fences, walls or barriers with signs at the exits stating “No Alcoholic Beverages Beyond This Point.”

It’s an issue that has been a topic of discussion within the Parks and Recreation Department for years, but the recent attention stems from a request from the organizers of the Homegrown Music Festival.

The family-friendly, sustainability-focused event, which launched in 2016 at Byrd’s Campground on the Mulberry River near Cass, featured headliners Leftover Salmon and The Wood Brothers. The festival also included over a dozen other bands, along with kids activities, hiking and biking, and food vendors. The event returned to the river in 2017, but organizers want to move it to the Kessler Mountain Regional Park in south Fayetteville in 2018.

Marsh said she likes the idea as long as it’s done responsibly.

Petty agreed. He said it’s an easy decision for him, and that he’s excited about the potential it brings for future relaxation of laws that restrict the use of alcohol in public areas. He said personally he sees nothing wrong with a few friends enjoying a bottle of wine during a picnic at a public park.

Ward 3 representatives Tennant and Bunch both said they’re in favor of the proposal.

During the vote, the council approved the proposal unanimously. Read more about the issue here.


10. 512 E. Rebecca Street Drainage Improvements Cost Share (Details): An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Bradford and Erin Wheeler for the installation of drainage improvements along a portion of East Rebecca Street with the City of Fayetteville’s share of the costs not to exceed $40,387.06, and to approve a project contingency in the amount of $5,000.00.
Pass 8-0


11. Ozark Regional Transit Additional Funding (Details): A resolution to approve a budget adjustment in the amount of $122,908.00 to provide additional funds to maintain Ozark Regional Transit services in the City of Fayetteville at the 2017 service levels.
Pass 8-0


12. Ozark Regional Transit, Inc. (Details): An ordinance to waive the requirements of formal competitive bidding and approve a five-year contract with Ozark Regional Transit, Inc. in the amount of $300,000.00 in 2018, and subject to annual budget approval in future years, for public transit services for Fayetteville residents.
Pass 8-0

Notes: Because of the previous resolution, this item needed to be amended to replace the original amount from $300,000 to $422,908. That amendment was passed 8-0.

The ordinance was passed unanimously.


13. 2018 Rules of Order and Procedure (Details): A resolution to adopt the Rules of Order and Procedure of the Fayetteville City Council for 2018.
Pass 8-0


Announcements

– Registration is now open for the 2018 Frozen Toes 15K trail ride or run, set for Saturday, Jan. 13 at Kessler Mountain in southwest Fayetteville.
– Fayetteville will be the backdrop for the next season of the HBO series True Detective. See our story for more.
– City offices will be closed on Monday, Jan. 15 in observance of MLK Day.


Adjourned

This meeting was adjourned at 9:37 p.m.