LIVE UPDATES: Fayetteville City Council recap: Jan. 3, 2019

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On the agenda…

  • Oaths of Office
  • Election of Vice Mayor
  • City Council committee appointments
  • Changes to recycling and trash collection rates
  • Rezoning 0.26 acres at 312 E. North Street
  • Purchasing police uniforms, weapons and equipment
  • An MOU with the Watershed Conservation Resource Center
  • Various vehicle purchases for city departments

» Download the full agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Thursday, Jan. 3, 2019 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.


Call to Order

1. Oaths of Office – Kit Williams, City Attorney; Sonia Gutierrez, Council Member Ward 1; Sloan Scroggin, Council Member Ward 2; Mark Kinion, Council Member Ward 3; and Teresa Turk, Council Member Ward 4.


Roll Call

Present: Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith
Absent: None

» View current attendance records


Pledge of Allegiance


City Council Meeting Presentations, Reports and Discussion Items

1. Election of Vice MayorMark Kinion nominated Sarah Marsh, who was elected 8-0.

2. City Council Committee Appointments – Mayor Lioneld Jordan (see appointments here)

3. Report of Firemen’s and Policemen’s Pension and Relief Fund – Mayor Lioneld Jordan

4. Monthly Financial Report – Paul Becker

5. ORT-Ozark Regional Transit Periodic Report


Consent

Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member at the beginning of the meeting.

1. Adopt The Rules of Order And Procedure (Details): A resolution to adopt the rules of order and procedure of the Fayetteville City Council for 2019.
Pass 8-0

2. Approval of the Dec. 4, 2018 City Council Meeting Minutes
Pass 8-0

3. Bid #18-50 Best Priced Products (Details): A resolution to award Bid #18-50 and authorize the purchase of physical fitness equipment from Best Priced Products, Inc. of White Plains, New York in the amount of $46,110.96 plus applicable sales taxes for use by the Fire Department.
Pass 8-0

4. Skydive Fayetteville, LLC – 288 Square Feet (Details): A resolution to approve a three-year lease agreement with Skydive Fayetteville, LLC for office space in the Airport Terminal Building in the amount of $160.00 per month.
Pass 8-0

5. Skydive Fayetteville, LLC – 276 Square Feet (Details): A resolution to approve a three-year lease agreement with Skydive Fayetteville, LLC for office space in the Airport Terminal Building in the amount of $241.00 per month.
Pass 8-0

6. Emergency Vehicle Specialists, Inc. (Details): A resolution to approve the purchase of a 2019 Pierce Velocity Ladder Apparatus from Emergency Vehicle Specialists, Inc. in the amount of $1,178,986.00 plus a performance and payment bond at a cost of $3,220.00, pursuant to a Houston-Galveston Area Council Cooperative Purchasing Contract, to approve a project contingency in the amount of $25,000.00, and to approve a budget adjustment.
Pass 8-0

7. Superior Chevrolet (Details): A resolution to approve the purchase of seven police package Chevrolet Tahoes from Superior Chevrolet of Siloam Springs in the total amount of $245,224.00, pursuant to a state procurement contract, for use by the Police Department.
Pass 8-0

8. Superior Dodge Ram (Details): A resolution to approve the purchase of four Jeep Renegades from Superior Dodge Ram of Siloam Springs in the total amount of $74,228.00, pursuant to a state procurement contract, for use by the Community Resources Division and Water & Sewer Operations Division.
Pass 8-0

9. Superior Automotive (Details): A resolution to approve the purchase of a Dodge Durango from Superior Automotive of Siloam Springs in the amount of $25,727.00, pursuant to a state procurement contract, for use by the Community Resources Division.
Pass 8-0

10. Lewis Automotive Group (Details): A resolution to authorize the purchase of a Ford F250 truck from Lewis Automotive Group of Fayetteville in the amount of $26,978.00, pursuant to a state procurement contract, for use by the Water and Sewer Operations Division.
Pass 8-0

11. Superior Dodge Ram (Details): A resolution to approve the purchase of three Dodge Ram trucks with towing packages from Superior Dodge Ram of Siloam Springs in the total amount of $91,492.00, pursuant to a state procurement contract, for use by the Water & Sewer Operations Division.
Pass 8-0


Unfinished Business

1. Recycling and Trash Collection Rate Amendments (Details)

An ordinance to amend § 50.40 Rates for Services of the Fayetteville City Code to align the city’s recycling and trash collection rates with the recent rate study.
Pass 8-0

Background:
This item was left on the first reading at the Dec. 18 meeting.

The ordinance make the changes needed to increase the recycling and trash rates as recommended in the previously adopted rate study.

Dec. 18 Discussion:
Council member La Tour asked why the rate would generate more money than the operational shortfall the recycling and trash collection program is expected to incur each year. Staff said there are facilities and vehicle upgrades needed over the next 10 years that the rate increase would help fund. Also, staff said the recently adopted recycling plan will increase operational costs significantly, and could lead to as much as a doubling of the shortfall without a rate increase.

Teresa Turk, who was recently elected to serve on the council in Ward 4, asked that the item be left on the first reading to give the public more time before the rates are increased.

Council member Sarah Marsh moved to send the ordinance to the second reading. Bunch seconded, but the motion failed with Kyle Smith and John La Tour voting against (six votes are needed to suspend the rules and advance an ordinance, and Mayor Jordan declined to cast the deciding vote).

Jan. 3 Discussion:
There was no public comment. Marsh moved to send the ordinance to the third and final reading. Kinion seconded. Turk said she’d like to wait another two weeks before making a final decision to give residents even more time to learn about the changes. Marsh’s motion passed 6-2 (Turk and Smith voted against).

Turk asked about removing the fee for providing recycling services to commercial customers. Staff said because of the variety of services provided, they’re unable to provide cost-free service to the entire class of commercial customers, but could waive the fees to commerical customers who have 95-gallon trash carts and 18-gallon recycling bins similar to residential customers.

City Attorney Kit Williams said the council would first need to amend the ordinance to include that language if they wish to make that change. Turk moved to make that amendment. Smith seconded. The amendment passed 8-0.

Decision:
The ordinance as a whole was approved 8-0.


New Business

1. RZN 18-6465 (312 E. North Street/Thompson) (Details)

An ordinance to rezone that property described in rezoning petition RZN 18-6465 for approximately 0.26 acres located at 312 E. North Street from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation.
Pass 7-1

Background:
The Planning Commission recommends approval of the request. City staff feels uncomfortable making a recommendation because the applicant is a long-standing colleague in the city’s planning division.

Location:

Discussion:
There was no public comment. The council moved to the second and third readings.

Turk called the request “spot zoning” and said she’s worried it could set an example for future similar requests.

Petty disagreed, and said “spot zoning” requires an arbitrary decision, which the council does not do. He said when looking at the request, it makes sense and he’ll vote in favor of it. Smith agreed.

Petty also said he’s disappointed that staff wouldn’t make a recommendation for a city staff member’s application considering they have in the past made recommendations on decisions where council members are applicants.

Gutierrez said North Street is a major thoroughfare and additional density makes sense there. With no public comment, she said she’ll support the request.

Marsh said part of the request states that the applicant wants to preserve trees, which is why an adjustment is needed. She said she’ll be in support.

Bunch said the property’s proximity to College Avenue lends itself to a higher density, so she’ll be in support.

Scroggin said if someone’s definition of “spot zoning” is simply changing a property to a zone that’s different than those properties around it, then all rezoning would be “spot zoning.” He’s in favor of the request.

Decision:
The ordinance was approved 7-1. Turk voted against.


2. Galls, LLC d/b/a Cruse Uniforms and Equipment (Details)

An ordinance to waive the requirements of formal competitive bidding and authorize a one-year contract with automatic renewals for four additional one-year terms with Galls, LLC d/b/a Cruse Uniforms and Equipment for the purchase of police service weapons, uniforms, equipment, and quartermaster services.
Pass 8-0

Background:
According to city documents, Cruse Uniforms and Equipment is the only authorized distributer for Blauer uniforms and Glock handguns in the state of Arkansas. The company has been the contracted provider for the police department since 2008. Staff said they are also the only local distributer which maintains an inventory of the department’s authorized uniform items, and offers service, sizing, tracking and billing of purchased items.

Discussion:
There was no public comment.

Decision:
The ordinance was approved 8-0.


3. Watershed Conservation Resource Center MOU (Details)

An ordinance to waive the requirements of formal competitive bidding and approve a memorandum of understanding with the Watershed Conservation Resource Center for a term of five years to establish a general framework of cooperation to seek funding, conduct stream restoration projects and to work together on nonpoint source related issues.
Pass 8-0

Background:
The center and the city have partnered on multiple projects since the council first waived competitive bidding and approved an MOU in 2014.

Staff said those projects have brought over $3.1 million to the city for water quality and other environmental improvements and have helped to create local partnerships and outreach opportunities in the areas of river restoration, riparian enhancement, and watershed planning. Seven stream and streambank restoration projects have been implemented that have resulted in over 11,900 tons of sediment and 8,500 pounds of total phosphorus reductions, annually from streambank erosion, restored both aquatic and terrestrial habitat, protected city infrastructure, and improved aesthetics of city parks and other properties, according to a staff memo.

The agreement has no budgetary impact. Staff said as tasks are identified throughout the year, the associated fees will be approved through the appropriate channels up to and including approval by the mayor and City Council.

Discussion:
There was no public comment. Several council members applauded the partnership’s accomplishments through the years.

Decision:
The ordinance was approved 8-0.


Announcements

– The marinas, vessel launches, and boat stalls at Lake Fayetteville and Lake Sequoyah will be closed for an annual winter break from Sunday, Dec. 24 through Sunday, Jan. 14.


Adjourned

This meeting was adjourned at 6:55 p.m.