HomeMy WebLinkAbout2000-02-01 - Agendas - Final FAYETTEVitLLE
THE CITY OF FAYETTEVILLE, ARKANSAS
FINAL AGENDA
FAYETTEVILLE CITY COUNCIL
FEBRUARY 1, 2000
A meeting of the Fayetteville City Council will be held on Tuesday, February 1 , 2000 at 6:30
p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
A. CONSENT AGENDA
1. APPROVAL OF THE MINUTES: Approval of the minutes of the January 14
and January 18, 2000 City Council meetings.
2. RECORD DESTRUCTION: A resolution authorizing the destruction of records.
3. ROLLFORWARDS: A resolution approving a budget adjustment which will
allow for the rollforward of all projects or items in progress which were
appropriated in the 1999 Budget. The items which are approved will become part
of the 2000 Budget.
4. ALLTEL COMMUNICATIONS: A resolution granting a temporary revocable
license for the placement of buried fiber optic communication cable in the street
and alley rights-of-way.
5. BAKERY FEEDS: A resolution approving a budget adjustment for the
settlement with Bakery Feeds.
6, SETTLEMENT EXPENSES: A resolution to reimburse the plaintiffs in James
Harp, ET Al. V. Griffin Industries, Inc., U.S. District Court, Western District of
Arkansas, Case No. 99-5075 for settlement expenses in an amount not to exceed
$7,500.00.
113 WEST MOUNTAIN 72701 501521-7700
FAX 501575-8257
City Council Agenda
February 1 , 2000
Page 2
B. OLD BUSINESS
1. HWY 265 CONDEMNATION: An ordinance authorizing the City Attorney to
seek possession of certain lands located along Highway 265 in the City of
Fayetteville by the Power of Eminent Domain, in association with the required
easements for the Highway 265 Water and Sewer Relocations. Such properties
are owned by Anthony De Palma, Jeane and David Randle, and Timothy and
Christine Klinger. The ordinance was left on the first reading at the January 18,
2000 City Council meeting.
C. NEW BUSINESS
1 . CERTIFICATE OF PUBLIC CONVENIENCE: A resolution approving a
Certificate of Public Convenience for A Moment's Notice Express Inc.
2. RZA 99-5.00: An ordinance approving annexation request RZA 99-5.00
submitted by Andy Feinstein of Engineering Design Associates on behalf of
Richard Doyle, Arkansas Oaks, Inc. for property located at the southeast corner of
Bridgeport Drive and Mount Comfort Road. The property is in the planning
growth area and contains approximately 13 .39 acres. The request is to annex the
subject property into the City of Fayetteville.
3, RZ 99-35.00: An ordinance approving RZ 99-35 submitted by Andy Feinstein of
Engineering Design Associates on behalf of Richard Doyle for property located at
the southeast comer of intersection of Bridgeport Drive and Mount Comfort
Road. The property is zoned A- 1 , Agricultural and contains approximately 13 .39
acres. The request is to rezone to R- 1 , Low Density Residential.
4, HWY 265 WATER & SEWER RELOCATIONS: A resolution approving a
construction contract with Basic Construction for the Highway 265 water and
sanitary sewer relocations phase II in the amount of $2, 107,961 .00. Approval of a
10 percent contract contingency in the amount of $210,796. 10 and approval of a
budget adjustment.
5. SEWER SYSTEM IMPROVEMENTS: A resolution approving the contract
with RJN for engineering services in connection with sewer system improvements
in the amount of $638,267.00.
6. CABLE BOARD NAME CHANGE: An ordinance changing the name of the
Fayetteville Cable Board to "Telecommunications Board."
City Council Agenda
February 1 , 2000
Page 3
7, ENVIRONMENTAL CONCERNS: A resolution requiring the Fayetteville City
Council and all city board, committees, commission and departments to consider
the recommendations of the Environmental Concerns Committee when making
decisions that have an environmental impact.
8. PARKING REGULATIONS: An ordinance amending Chapter 72, Parking
Regulations, of the Code of Fayetteville, to amend the rates for parking meter
zones and rates for parking in the city parking garages; to define the term
"Parking Meter Zones"; and allowing the parking meter zones to be described,
established and altered by the Mayor or his duly authorized representative.
9. WATER AND SEWER RECONNECT FEES: An ordinance amending
Chapter 51 : Water and Sewers, of the Code of Fayetteville, to amend the fee for
service reconnection; provide for a minimum billing; and amend the charge for
broken locks and couplings.
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January 25, 2000
AGENDA SESSION
FOR THE
MEETING OF
FEBRUARY 1, 2000
ADDITIONAL INFORMATION
1. HWY 265 WATER & SEWER RELOCATIONS: Additional information for item 4
under New Business.
2, SEWER SYSTEM IMPROVEMENTS: Additional information for item 5 under New
Business.
NEW ITEMS
" a
(/ 1. CERTIFICATE OF PUBLIC CONVENIENCE: A resolution approving Certificate of
Public Convenience for A Moment's Notice Express Inc.
2. ALLTEL COMMUNICATIONS: A resolution granting a temporary revocable license
Gpr's' for the placement of buried fiber optic communication cable in the street and alley rights-
1 of-way.
3. CABLE BOARD NAME CHANGE: An ordinance changing the name of the
Fayetteville Cable Board to "Telecommunications Board."
/ >) 4. ENVIRONMENTAL CONCERNS: A resolution requiring the City Council and all
l� U ll City boards, committees, and commission and departments to consider the
recommendations of the Environmental Concerns Committee when making decision that
have an environmental impact.
Cpa 5. BAKERY FEEDS: A resolution approving a budget adjustment for the settlement with
Bakery Feeds.
c) 6. SETTLEMENT EXPENSES: A resolution reimbursing the plaintiffs in the James Harp
1 vs Griffin Industries case for settlement expenses in the amount of $7,500.
A(3 7. PARKING REGULATIONS: An ordinance amending the rates for parking meter
\\ I zones and rates for parking garages.
r , d S. WATER AND SEWER RECONNECT FEES: An ordinance amending fees for 1
reconnections fees, deposits, and meter tampering fees. ���� rn Q �� /M /ZZ J
FAYETTEVIPLLE
THE CITY OF FAYETTEVILLE, ARKANSAS
TENTATIVE AGENDA
FAYETTEVILLE CITY COUNCIL
FEBRUARY 112000
A meeting of the Fayetteville City Council will be held on Tuesday, February 1 , 2000 at 6:30
p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
A. CONSENT AGENDA
1 . APPROVAL OF THE MINUTES: Approval of the minutes of the January 14
and January 18, 2000 City Council meetings.
2. RECORD DESTRUCTION: A resolution authorizing the destruction of records.
3. ROLLFORWARDS: A resolution approving a budget adjustment which will
allow for the rollforward of all projects or items in progress which were
appropriated in the 1999 Budget. The items which are approved will become part
of the 2000 Budget.
B. OLD BUSINESS
1. HWY 265 CONDEMNATION: An ordinance authorizing the City Attorney to
seek possession of certain lands located along Highway 265 in the City of
Fayetteville by the Power of Eminent Domain, in association with the required
easements for the Highway 265 Water and Sewer Relocations. Such properties
are owned by Anthony De Palma, Jeane and David Randle, and Timothy and
Christine Klinger. The ordinance was left on the first reading at the January 18,
2000 City Council meeting.
113 WEST MOUNTAIN 72701 501521-7700
FAX 501575-8257
0 0
C. NEW BUSINESS
1. AD 99-30.00: A resolution approving AD 99-30.00 submitted by David Bercaw
of Ball & Mourton, on behalf of Lenk Development for property located south of
Zion Road. The property is zoned R-2, Medium Density Residential and contains
approximately 5 acres. The request is to guarantee future construction of Stearns
Street with a letter of credit.
2. RZA 99-5.00: An ordinance approving RZA 99-5 .00 submitted by Andy
Feinstein of Engineering Design Associates on behalf of Richard Doyle, Arkansas
Oaks, Inc. for property located at the southeast corner of Bridgeport Drive and
Mount Comfort Road. The property is in the planning growth area and contains
approximately 13 .39 acres. The request is to annex the subject property into the
City of Fayetteville.
3, RZ 99-35.00: An ordinance approving RZ 99-35 submitted by Andy Feinstein of
Engineering Design Associates on behalf of Richard Doyle for property located at
the southeast corner of intersection of Bridgeport Drive and Mount Comfort
Road. The property is zoned A- 1 , Agricultural and contains approximately 13 .49
acres. The request is to rezone to R- 1 , Low Density Residential.
4, HWY 265 WATER & SEWER RELOCATIONS: A resolution approving a
construction contract with Basic Construction for the Highway 265 water and
sanitary sewer relocations phase II in the amount of $2, 107,961 .00. Approval of a
10 percent contract contingency in the amount of $210,796. 10 and approval of a
budget adjustment.
5. SEWER SYSTEM IMPROVEMENTS: A resolution approving the contract
with RJN for engineering services in connection with sewer system improvements
in the amount of $638,267.00.
YE. rlEi \
THE CITY OF FAYETTEVILLE, ARKANSAS
FINAL AGENDA
FAYETTEVILLE CITY COUNCIL
FEBRUARY 1, 2000
A meeting of the Fayetteville City Council will be held on Tuesday, February 1 , 2000 at 6:30
p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
A. CONSENT AGENDA
1. APPROVAL OF THE MINUTES: Approval of the minutes of the January 14
and January 18, 2000 City Council meetings.
2. ✓RECORD DESTRUCTION: A resolution authorizing the destruction of records.
3. /ROLLFORWARDS: A resolution approving a budget adjustment which will
allow for the rollforward of all projects or items in progress which were
appropriated in the 1999 Budget. The items which are approved will become part
of the 2000 Budget.
/ALLTEL COMMUNICATIONS: A resolution granting a temporary revocable
Ylicense for the placement of buried fiber optic communication cable in the street
and alley rights-of-way.
5. ✓ BAKERY FEEDS: A resolution approving a budget adjustment for the
settlement with Bakery Feeds.
6. SETTLEMENT EXPENSES: A resolution to reimburse the plaintiffs in James
Harp, ET Al. V. Griffin Industries, Inc., U.S. District Court, Western District of
Arkansas, Case No. 99-5075 for settlement expenses in an amount not to exceed
$7,500.00.
113 WEST MOUNTAIN 72701 501521-7700
FAX 501575-8257
r
City Council Agenda
February 1 , 2000
Page 2
B. OLD// BUSINESS
1. ✓✓HWY 265 CONDEMNATION: An ordinance authorizing the City Attorney to
seek possession of certain lands located along Highway 265 in the City of
e. Fayetteville by the Power of Eminent Domain, in association with the required
easements for the Highway 265 Water and Sewer Relocations. Such properties
are owned by Anthony De Palma, Jeane and David Randle, and Timothy and
Christine Klinger. The ordinance was left on the first reading at the January 18,
2000 City Council meeting.
C. NEW BUSINESS
1, CERTIFICATE OF PUBLIC CONVENIENCE: A resolution approving a
Certificate of Public Convenience for A Moment's Notice Express Inc.
2. "A 99-5.00: An ordinance approving annexation request RZA 99-5 .00
0 submitted by Andy Feinstein of Engineering Design Associates on behalf of
Richard Doyle, Arkansas Oaks, Inc. for property located at the southeast corner of
Bridgeport Drive and Mount Comfort Road. The property is in the planning
! growth area and contains approximately 13.39 acres. The request is to annex the
subject property into the City of Fayetteville.
3. f/ RZ 99-35.00: An ordinance approving RZ 99-35 submitted by Andy Feinstein of
Engineering Design Associates on behalf of Richard Doyle for property located at
the southeast corner of intersection of Bridgeport Drive and Mount Comfort
Road. The property is zoned A- 1 , Agricultural and contains approximately 13 .39
+%ebyT acres. The request is to rezone to R- 1 , Low Density Residential.
4. ✓ HWY 265 WATER & SEWER RELOCATIONS: A resolution approving a
construction contract with Basic Construction for the Highway 265 water and
sanitary sewer relocations phase II in the amount of $2, 107,961 .00. Approval of a
l0\percent contract contingency in the amount of $210,796. 10 and approval of a
budget adjustment.
5. SEWER SYSTEM IMPROVEMENTS: A resolution approving the contract
with RJN for engineering services in connection with sewer system improvements
in the amount of $638,267.00.
6✓f JCABLE BOARD NAME CHANGE: An ordinance changing the name of the
Fayetteville Cable Board to "Telecommunications Board."
v
City Council Agenda
February 1 , 2000
iPage 3
co' 7. ENVIRONMENTAL CONCERNS: A resolution retiig the Fayetteville City
Council and all city board, committees, commission and departments to consider
the recommendations of the Environmental Concerns Committee when making
decisions that have an environmental impact.
8. V/ i PARKING REGULATIONS: An ordinance amending Chapter 72, Parking �� •
Regulations, of the Code of Fayetteville, to amend the rates for parking meter �L
�( � O zones and rates for parking in the city parking garages; to define the term1
"Parking Meter Zones" ; and allowing the parking meter zones to be described,
established and altered by the Mayor or his duly authorized representative.
9. y/ WATER AND SEWER RECONNECT FEES: An ordinance amending
Chapter 51 : Water and Sewers, of the Code of Fayetteville, to amend the fee for
�9 service reconnection; provide for a minimum billing; and amend the charge for
broken locks and couplings.
f .
City Council Minutes
January 18, 2000
Page 1
MINUTES OF A MEETING
OF THE
FAYETTEVILLE CITY COUNCIL
JANUARY 18, 2000
A meeting of the Fayetteville City Council was held on January 18, 2000 at 6:30 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
PRESENT: Mayor Fred Hanna; Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Santos,
Young, and Russell; City Attorney Jerry Rose, City Clerk Heather Woodruff, Staff, Press, and
Audience.
CONSENT AGENDA
APPROVAL OF THE MINUTES: Approval of the minutes of the January 4, 2000 City
Council meeting.
CONSTRUCTION MATERIAL: A resolution awarding bids for construction materials
utilized by various divisions of the City.
RESOLUTION 3-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
POLICE RADIO EVALUATION: A resolution awarding a contract to RCC Consultants. The
contract will be for services to evaluate the current radio system and recommend either a
replacement or an upgrade.
RESOLUTION 4-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
CELLULAR ANTENNA: A resolution approving a contract with SWPCS for cellular antenna
space on the Mount Sequoyah Water Tank.
RESOLUTION 5-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
HWY 265 WIDENING: A resolution authorizing payment of $647,000 to the Arkansas
Highway and Transportation Department for additional right-of-way costs along Highway 265
and approval of a budget adjustment.
RESOLUTION 6-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
City Council Minutes
January 18, 2000
Page 2
DRUG LAW ENFORCEMENT PROGRAM GRANT: A resolution authorizing the Mayor to
apply for a federal grant in the amount of $383,794.00; and approval of a budget adjustment in
the amount of $ 17,338 to bring Fayetteville's matching funds to $63 ,338.00 and increase one
sworn officer position.
RESOLUTION 7-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
OMI CONTRACT: A resolution approving Amendment No. 5 to the OMI Contract for
operation and management services, Fayetteville Wastewater Treatment Plant at a total cost of
$3,715,901 .00, inclusive of management fees of $88,854.00.
RESOLUTION 8-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
ALLTEL COMMUNICATIONS: A resolution granting a temporary revocable license for the
placement of buried fiber optic communication cable in the street and alley rights-of-way.
ITEM WITHDRAWN FROM AGENDA.
MIDDLE SCHOOL: A resolution approving an agreement with the Fayetteville Public Schools
for construction of an 8-inch water main from Mount Comfort Road to the Middle School
Property within the Rupple Road right-of-way.
RESOLUTION 9-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
RUPPLE ROAD CONSTRUCTION: A resolution authorizing the Mayor to approve a
construction contract change order with APAC in the amount of $53,334.70. The change order is
for the installation of the proposed 8-inch water main from Mount Comfort Road to the Middle
School property.
Alderman Daniel moved to approve the Consent Agenda. Alderman Santos seconded the
motion. Upon roll call the motion carried unanimously.
OLD BUSINESS
There was no old business.
NEW BUSINESS
0 9
EGIS CONSULTING: An ordinance approving an agreement for professional services with
EGIS Consulting Inc. regarding the USCOE 404 permit for the Arkansas Research and
Technology Park. This contact amount is $27,000.00. A bid waiver is requested.
Mr. Rose read the ordinance for the first time.
Alderman Trumbo moved to suspend the rules and go to the second reading. Alderman
Davis seconded the motion. Upon roll call the motion carried unanimously.
Mr. Rose read the ordinance for the second time.
Alderman Trumbo made a motion to suspend the rules and go to the third and final
reading. Alderman Davis seconded the motion. Upon roll call the motion carried
unanimously.
Mr. Rose read the ordinance for the third and final time.
Mayor Hanna called for the vote. Upon roll call the ordinance passed unanimously.
ORDINANCE 4215 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
HWY 265 CONDEMNATION: An ordinance authorizing the City Attorney to seek
possession of certain lands located along Highway 265 in the City of Fayetteville by the Power
of Eminent Domain, in association with the required easements for the Highway 265 Water and
Sewer Relocations. Such properties are owned by Anthony De Palma, Jeane and David Randle,
and Timothy and Christine Klinger.
Mr. Rose read the ordinance for the first time.
Mr. Lamar Pettus expressed concern about the city directing drainage from the highway onto Mr.
Randle's property. He noted Mr. Randle's property was surrounded on three sides by property
owned by the city. He asked the council not to proceed with the condemnation, but to consider
the possibility of purchasing the property from the Randles. They were willing to sell the
property for the appraised value minus the $ 11 ,500 the State had paid them for damages.
Charles Venable explained the city needed the easement in case there was a future problem with
the water line. They needed room to work on the line. He did not believe the easement would
detract from the property, because the building line was twenty-five feet from the right-of-way
and the easement fell within the setback.
Mayor Hanna thought might be well to let our land man and our Engineering Dept and our City
Attorney sit down with the Randles and their attorney and look at the options and what we are
0 0
going to actually need and see if we can do a little negotiating where it doesn't affect them so
much. I don't know if that is possible or not.
Alderman Santos asked if it was possible to just scrap the whole condemnation and get an
agreement from the property owners that we could get in there and do maintenance on the water
line in the future and then let them keep their property?
Lamar Pettus replied he could not commit his client at this stage but thought there was a possibly
of them just giving the city permission to work on the property.
Alderman Santos noted the proposed easement was already in the set back and that they were not
going to be able to build on it anyway.
Alderman Young questioned the difference between an agreement and an easement?
In response to questions for Mr. Pettus, Mr. Venable explained the city would only had an
easement and that they would still own the property. The City was not buying the property.
Mayor Hanna thought it would be a good idea to sit down with the engineering staff to see
exactly what they are talking about. Two weeks probably won't interfere with the construction.
He suggested leaving it on the first reading.
Alderman Russell stated another thing to think about was the difference between an easement
and an informal agreement or less formal agreement between the City and the Randles. Who is
bound by that agreement. If we get an easement and the Randles sell that property then we still
have the easement?
Lamar Pettus replied the agreement would be filed with the county, like a covenant, and would
run with the land.
THE ITEM WAS LEFT ON THE FIRST READING.
OPEN BURNING: An ordinance providing for regulations for open burning within the City of
Fayetteville.
Mr. Rose read the ordinance for the first time.
Alderman Davis moved to suspend the rules and move to the second reading. Alderman
Austin seconded the motion. Upon roll call the motion carried unanimously.
Mr. Rose read the ordinance for the second time.
Alderman Davis moved to suspend the rules and move to the third and final reading.
0 0
Alderman Austin seconded the motion. Upon roll call the motion carried unanimously.
Mr. Rose read the ordinance for the third and final time.
Mayor Hanna stated the ordinance would put the regulation and enforcement back into the hands
of our own Fire Dept.
Fire Chief Mickey Jackson stated it was our plan to go out and start writing wholesale tickets for
everybody who violates this ordinance or doesn't have a chance to get used to it with time.
There is not even an emergency clause on it and it doesn't even go into effect for a month. We
want to work with the people, do some education that there is a new regulation now and over
time they will be expected to comply with. We don't anticipate writing citations in the near
future except for flagrant or gross violations. Our plan is to work with the citizens and try to
obtain their cooperation and cut out some of the burning that is going on in the community that is
not in any way legal and there is no way we can even legally issue a permit for it.
Mayor Hanna called for the vote. Upon roll call the ordinance passed unanimously.
ORDINANCE 4216 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
XEROX CORPORATION: A ordinance approving a bid waiver and a contract with Xerox
Corporation for the purchase of two network copiers. Replacement of contract for non-
networked copiers.
Mr. Rose read the ordinance for the first time.
Alderman Santos moved to suspend the rules and go to the second reading. Alderman
Austin seconded the motion. Upon roll call the motion carried unanimously.
Mr. Rose read the ordinance for the second time.
Alderman Austin moved to suspend the rules and go to the third and final reading.
Alderman Davis seconded the motion. Upon roll call the motion carried unanimously.
Mr. Rose read the ordinance for the third and final time.
Mayor Hanna called for the vote. Upon roll call the ordinance passed unanimously.
Meeting adjourned.
0
SPECIAL CITY COUNCIL MEETING
01-14-00
A special City Council meeting was held on January 14, 2000 at 4:30 p.m. in Room 326 of the
City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
MAYOR HANNA: Called special meeting to order. Roll was called by City Clerk.
MAYOR HANNA: We have a resolution before us to approve a settlement agreement Griffin
Industries d/b/a Bakery Feeds. Meeting was turned over to the attorneys,
Mr. Rose and Mr. Bassett.
MR. ROSE: Mayor, as you know that last Tuesday the full City Council and all of the
plaintiffs in the federal case met in Federal Court to discuss the settlement
of all of the Bakery Feeds cases because I don't think anyone expected it
to be anything other than a universal settlement of all the cases that we
have. And I will go over those with you in just a moment. As a result of
those negotiations and as a result in some conversations that have occurred
following that conference we are here today to present to you a settlement
that has been negotiated. I think the terms of that settlement, and again I
will go over that with you in just a moment, are equitable, I think they are
fair, I think that without the participation of the United States Magistrate
Judge Beverly Scott Jones this settlement would not have occurred. I
think that we owe her a true debt of thanks. I think we owe a debt of
thanks to Woody Bassett who has an amazing ability to be both a lawyer
and a peacemaker which is rare in an attorney, you either get one or the
other. Woody seems to have it all wrapped up in one ball and I think we
have him much to thank for this agreement and his objectivity. Dale
Evans, the attorneys for the plaintiffs in this case who worked with us
were very cooperative. John Everett and John Scott were most
cooperative in Bakery Feeds negotiations and their candor. Be sure that
you understand that we are attempting to have a universal settlement and I
want to go over with you what those settlements are. Remember that the
federal court case started out as a private nuisance action in which some
neighbors of Bakery Feeds alleged that Bakery Feeds was a nuisance. In
July of this year we joined that suit alleging that Bakery Feeds was a
public nuisance as well as a private nuisance. In December of this year,
December 22nd, the complexion of the case changed. Up until that time
the only relief that was asked for in Federal Court was injunctive relief to
prevent or make a nuisance. In December Bakery Feeds filed a court
action against the City of Fayetteville alleging an intentional interference
with their business relationships, contractual relationships, and business
expectancies. That added a new complexion to the Federal Court case
because now we were not just arguing about its injunction, we were also
arguing about money damages and the risk of money damages against the
0 0
City. In addition to the Federal Court claims there are other claims that
are alive in the courts of Washington County. In Circuit Court Bakery
Feeds is appealing the decision of the Planning Commission which denied
them a conditional use to operate their facility out there. In the Chancery
Court of Washington County we are asking to enjoin Bakery Feeds from
being what we believe to be a in violation which they operate.
Incidentally, also in that case, in that Chancery Court case, they have also
filed, Bakery Feeds has filed a counter claim against the City alleging a
regulatory taking of their property. And, again, this changes the
complexion of that case from public nuisance to one which does allege
that the City is under self risk of monetary damages for a regulatory
taking. In addition to that, Bakery Feeds is being prosecuted in our
Municipal Courts for quite some number of sound violations. I believe all
of which were brought on the complaint of the adjoining property owners,
not adjoining but neighboring property owners in the vicinity of Bakery
Feeds. I think that sums up all of the activity in court. Having said that no
one in any stretch of the imagination is admitting they were wrong or right
or whatever. Remember that we are settling this matter and in settling it
no one is admitting any guilt. Their innocence whether they were right or
wrong, we are just simply trying to settle it. We found, I think it is fair to
say, some common ground in the sense that I think that Bakery Feeds
wanted to move to a more desirable area for them, a more convenient
location for them and I think certainly the neighbors were ready for that
move to take place and that was something in the common ground.
Certainly no one thought that either one was at fault but it was certainly a
common ground. I think that it's that common ground that allows us to
seek a settlement. The settlement is set forth in the letter that you have
before you dated January 13' that was written by Kevin Murphy who was
there at Bakery Feeds as counsel. They had accepted the offer of the City
of $85,000.00 to be paid at the time the settlement agreement is entered
into and $65,000.00 on January 2, 2001 . It is obviously a total of
$ 150,000.00 in a two year period. In addition to the individual payments,
written fees, to Griffin Industries, a total of $7,500.00. Again, that
settlement part of it is something which we have no control. That is
between the neighbors and them. It `s not something we have control
over. It's something they have offered and accepted and it is part of their
settlement negotiations. They have ten months to move from the date the
settlement agreement is signed. All law suits are to be dismissed from
among the parties, There will be, I read from the letters, there will be no
further harassment or actions taken by the City or the neighbors against
Bakery Feeds including noise violations unless the conduct is clearly in
violation and well beyond our normal operations. After they move, after
that ten months, there will be no further processing at that plant. They will
be permitted to utilize that site for non-processing activities, again without
any harassment or actions by the neighbors or the City. The parties and
0
their attorneys, and this is a very important part of this settlement, and I
ask you to be mindful of it in your discussions here today and in the
future, is that the parties and their attorneys are going to refrain from any
comments towards Bakery Feeds, now or any time in the future that
includes any statements orally, in writing or on the internet or any other
formal communications. It also includes the prohibition on influencing
anyone else Bakery Feeds. Also it prohibits any negative comments
regarding this settlement. Everyone seems to be pleased the resolution
came to pass and they want to keep it that way. It may inhibit you in some
way in what you might want to say but again this is part of the settlement
and a very important part of Bakery Feeds and it certainly is very
important to us as well. The Federal Court is going to maintain
jurisdiction over this settlement agreement for purposes of enforcing it. I
think that's important to us because if any part of this is taken advantage
of by either side the other party may then go to that Federal Court and say
the other party isn't acting fairly, isn't acting correctly and we can seek to
correct it. So it gives us an opportunity to eliminate any doubt you have in
your mind about the good faith of either party adopting this based on good
faith but at any time that good faith is stretched or extended we have an
opportunity to take it to Federal Court and they can look at it and tell us if
we are right or if we are wrong. They have asked that this off on this
agreement be bound the Federal Court on the issue that we have just talked
about. That's generally the settlement. The way it will it go is that I ask
you to pass this resolution that gives the Mayor and the City Clerk the
authority to enter into a settlement agreement in conforming with these
principles that I have set forth before you here. We will be doing that in
the days to come. We will be formulating the exact documents. It will
look no different from what you see before you. It may look different but
it will remain substantially the same thing as is here. We are asking for
your authority to do that. I would like Woody to talk to you for just a
minute. Woody Bassett is here because he was recovered by a policy of
insurance, Scottsdale Insurance Company, and they have provided
coverage for this. And your next question is, why aren't they paying the
money and the reason is there is an exclusion in our policy for intentional
tort and that is what they are being accused of.
MR. BASSETT: I don't have a whole lot to say, although I am here mainly to answer any
questions any of you might have or anybody in the audience might have.
Jerry has already done a good job of explaining to you the terms and
conditions of the settlement. Let me just make a couple of comments. Let
me reiterate what Jerry said in thanking Judge Jones, thanking Mr. Scott
and all the lawyers who represented Bakery Feeds, thanking Mr. Evans,
for his involvement, that the process that took place when you were there,
Tuesday of this week, I think was a very helpful process and quite frankly
I don't know that any resolution would have been possible had we not
been in that court five or six hours and had we not had a judge overseeing
these negotiations in trying to bring these parties together. Anytime you
have a law suit, and in this instance, we had more than one law suit. I
have only been in this case less than two weeks, but I know that you all, in
particular these good folks back here who have lived with matter for
several years, but any time you have litigation of this nature, particularly
when emotions are involved, and when it involves people's homes and
when it involves business interests, it is easy to understand how people get
tied up in the litigations and how their emotions play a factor. That is
natural and that is understandable. This is just one lawyer' s opinion and I
am trying to talk to you, not as a lawyer, but as someone who has set in the
chairs where you are sitting, as a former member of the City Council. But
anytime you get into litigations like this if there is a way to resolve it, if
there is a way to bring it to an end, in a way that is satisfactory to all
concerned, I think there is a way to end it in a way that everybody can live
with the resolution, then that certainly is what you want to try to do. It is
my own opinion, that the settlement that has been worked out after some
rather rigorous negotiations, is in the best interest of the City. I think for a
variety of reasons, that it is in the best interest of Bakery Feeds, but most
importantly I think it is in the best interest of the citizens who are here
today and those of you who are with us are those out in those
neighborhoods. The purpose of the law suit that was filed by Mr. Evans
and his clients and the reason why the City chose to intervene in the law
suit was to try to meet the needs and concerns of those folks who live out
there, and I think that this settlement agreement between the parties will,
in fact, meet the needs and address the concerns of the folks who live out
there. And that is the most important thing of all. I think that is probably
why you folks decided to intervene in the law suit sometime ago because
of your concern for the citizens who brought all of their concerns to all of
you. There are a number of ways to look at this but in the end I think all
us, all you will be best served and certainly these citizens will be best
served by bringing this to a conclusion. I would be happy to answer,
along with Jerry, any questions that you may have about the terms of the
settlement. I would be happy to address any concerns that anybody
obviously would have also.
MAYOR HANNA: Would anyone on the Council like to ask any questions?
Alderman Trumbo: I think it is a very equitable settlement. I think the attorney's offices have
done an outstanding job. I think $ 150,000.00 is a lot of money that we
also don't have in this year's budget but we will have to do some cutting
or refining in some major fees settlement that I think also are in the best
interest of all parties not to have protracted litigation and come to a final
closure to this issue.
0 0
Alderman Austin: Mayor, I 'd like to move for the approval of it and acceptance of it and
comment if I may. I'm conservative on spending funds. I think in this
case it is the right thing to do. I have a couple of concerns. This has been
a real consuming in time for the City, the citizens of Cato Springs Road
neighborhood and the Razorback Road neighborhood for a number of
months and even years in some cases and also it' s been a consuming
distraction for Bakery Feeds, and so, I think it is a good thing you can do
what our attorneys have done for us in bringing it to the table in a
satisfaction manner. The questions that I have .. .I am concerned that the
citizens paying the $7,500.00 is coming out of their pockets. I am
concerned about that. I am going to vote for it if that is how it has to be. I
am also concerned with the first paragraph on the second page. I'm no
lawyer but it seems like, I don't know if I agree with the fact that there has
been harassment. And so when we accept this thing I think it says there
will be no public harassment. I never felt that way. If there has I never
was a party to it. So I don't think the neighbors have been harassing
anybody and if that has to be in there for this to be settled then I don't
have a problem with it. I just don't feel that way. I would be happier if
that was not in there.
MR ROSE: We have no control over it, the $7,500.00. I assure you and I assure the
neighbors that at an appropriate time I will bring back before you and give
you an opportunity to reimburse those amounts that you think are
appropriate. I promise that I will do that.
Alderman Austin: It's a good thing.
MR. BASSETT: We can work those kinds of things in the final documents and do that.
There will be no.. .the purpose of this is not to have either party admit
either one did anything wrong, all right? And so we will be careful as to
what words we use and we can just drop the word further from it.
Alderman Russell: Jerry, will each of us individually be signing off on this final agreement or
by passing this are we giving the Mayor and the City Clerk the authority to
sign off on it as along as it doesn't vary from these terms here.
MR. ROSE: You are giving the Mayor and the City Clerk the authority to sign off on it.
I talked to Mr. Scott today about that and about whether or not there was
going to be individual sign-offs for each Council member. We haven't
gotten to that point yet. I do not recommend that you sign individually, in
fact I am not crazy about the idea at all.
Alderman Russell: Personally I don't have a problem with signing off on it. I just asked the
question out of curiosity.
MR. ROSE: It wouldn't be unusual to have you do that. I promise you that if it is done
and I will continue to talk to them about it. Again, I'm not real crazy
about it. But you all are voting individually for the settlement and there is
nothing wrong in memorializing that concept and I have no problem with
that. I want to be sure, however, that you are signing in your official
capacity and not in your individually capacity. And I am assured that will
occur.
MAYOR HANNA: Do we have a motion? (Alderman Austin)
Alderman Santos: I'll second the motion.
Mayor Hanna called for the vote. Upon roll call the motion carried unanimously.
* • Record Destruction
A, 2, Page 1
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of - February 1 , 2000
FROM :
Gina Roberts City Clerks City Clerks
Name Division Department
ACTION REQUESTED : To Adopt a Resolution authorizing Destruction of Records
COST TO CITY :
$ 0
Cost of this request Category/Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
Accounting Manager Date ADA Coordinator Date
City Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION :
Cross Reference
Division Head Date
Department Director Date New Item : Yes No
Administrative services Date Prev Ord/Res# :
Director
Mayor Date Orig Contract Date :
Record Destruction • •
A. 2. Page 2 '
,XJ ' " , LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
TO : Fayetteville City Council
FROM : Gina Roberts , Microfilm Clerk
DATE : January 14 , 2000
SUBJECT : Destruction of Records
Attached is a listing of records that are ready for destruction .
All of the records have been microfilmed , and the original
document has been maintained for the required length of time .
The microfilm will be maintained as a permanent record .
COUNCIL ACTION REQUESTED : Adopt a resolution authorizing
destruction of the records as listed on the attached pages .
Attachment
• • Record Destruction
A. 2. Page 3
Page # 1
DESTRUCTION RECORDS FOR 1999
ACCOUNTING /AUDIT :
Accounts Receivable for 1994
Audit Schedules 1991 & 1992
Audit Workpapers 1988 , 1989 & 1990
Bank Reconciliation 1994
Bond Stms-Sales & Use Tax Series 1985 & Airport Rev Series 1979
CEC Revenue Bonds Series and Trustee Bond Statements 1988 - 1993
Cash Receipts Detail Cameo History 1994 ( 5 Registers )
Cash Receipts Listed By Received From Cameo History 1994
Finance Directors Scott Linebaugh Files 1980- 1987
HMR & Supplemental Beverage Files 1993 , 1994 , 1995 & 1996
Journal Entries for 1994 , 1995 , 1996
Municipal Billing/Accounts Receivable 1993
Municipal Courts Bank Statements 9/93 thru 7 /95 All Four Funds
Old Fixed Asset Records ( Vendor Type Doc ) 1940 ' s thru 1950 ' x*
Payroll Clerks Terminated Employee Files 1994 , 1995 & 1996
Payroll Time Sheets and File Maintenance 1995 & 1996
Payroll Register 1996 PR# 1 thru PR# 26
Pension Register for Police and Fire 1996
Receipts by Number-Summary Cameo History 1994
Sales & Use Tax Capital Imp Bond- 1990 Trustee Stm , 1990- 1993
Sales Tax Capital Impr . Bonds 1986 ( Art Center Bond ) 1986-1993
Vendor Files Accounts Payable 1995 ( 27 Boxes )
Walton Arts Center Trustee Statements 1989 thru 1993
BUDGET /RESEARCH :
A/S Director Files from Budget/Research 1985- 1994
Miscellaneous Files from 1989 thru 1994
Performance Audit 1985
Quarterly Management Report Data 1992 - 1993
Sale Tax Refund Claim Forms ( Yellow Duplicate Copy ) 1993
Sales Tax Refund ( W/S Refund Printout ) 1993
BUSINESS OFFrCE :
Bad Debt Drops First thru Fourth Qtr , 1996
Bank Draft Registers 1998
Billing Registers May 1998 thru Dec 1998 cycles 1 thru 9
Cash Receipts Registers May 1998 thru Dec 1998
Deposit Collections 1998
Final Billing Registers 1998
First Bad Debt Drops on NWS System November 1992
Payment & Adj Register ( S/ 36 2 Yr History ) Sept 1990 -Aug 31 , 1992
Refund Check Registers 1994 thru 1996
Selected Transaction Reports 1992 thru 1993
UB A/R Aging Report ( Conversion ) August 1992
UB A/R Bad Debt Detail End of Year 1995
Record Destruction • • y
A. 2. Page 4
Page # 2
DESTRUCTION RECORDS FOR 1999
BUSINESS OFFICE •
UB A/R Reports End of Year 1995
UB Adjustment Register 1998
UB Customer Deposit Report End of Year 1995
UB End of Month Report Sept 1992 thru Dec 1993
UB End of Month Reports 1994 & 1995
UB End of Year A/R Detail 1995 cycles 1-8
UB Miscellaneous Statistical Reports 1993
UB Month End Report Register 1996 & 1997
UB Payment Register April 1998 thru Dec 1998
UB Refund Checks Sept 1992 thru Dec 1993
UB Solid Waste Detail End of Year 1995
UB Yearend Registers 1996 , 1998
Updated Meter Reads from PC Listing ( PEL ' S ) 1- 19-98 thru 12 -7 - 98
CITY ATTORNEY •
Closed 1988 thru 5- 1989 Files
CITY CLERKS FILES :
City Council Agenda ' s 1- 4 -94 thru 12 - 20 -94
Old City Clerks Files 1924 thru 1985 from Bond Issue thru W/S
COMMUNITY DEVELOPMENT •
Accounts Payable Vendor File 1990- 1991
Administration Applications thru Urban Renewal 1970 thru 1981
Administration Files 1985 Admin , Budget 1985 thru Street Improve .
Administration Files and Project Files 1985 thru 1994
Administration Program and Project Files 1986
Administration Program and Project Files 1987
Elderly Taxi Program 1989-1995 & You Can Program 1989 - 1990
Rehabilitation Project Files 1 - 93 thru 12- 94
Taxi Coupons 1993 , 1995 & 1996 Storage Only
Urgent Needs Files 1975 thru 1977
FIRE DEPARTMENT •
Uniform Receipts 1991 thru 1996
INSPECTIONS :
Misc , Property Sign Information/Richard Wilson ' s Files 1989- 1994
INTERNAL AUDITOR •
Contract Files # 115- # 413 1990 thru 1995
• • Record Destruction
A. 2, Page 5
Page # 3
DESTRUCTION RECORDS FOR 1999
MAYORS OFFICE :
City Managers Files from 1975 thru 1981
City Manager Scott Linebaugh Corres , In House 1987 - 1991
City Manager Jim Pennington 1992
Miscellaneous Incinerator Files 1982- 1992
NWARRA Facility Qualif & Proposal Louis Watts Files 1982 - 1983
Performance Audit Reference Files 1985
Public Service Directors Marty Coats-Files 1989- 1993
Public Works Director Deryl Burch 1982 - 1987
Volunteer Files 1986 thru 1993
Weekly Management Reports Vol 1 thru 4 1989- 1992
MUNICIPAL COURT :
Accounts Paid In Full Report 1988 thru 1992
Accounts Receivable Assessments for Yearend 1991 & 1992
Aged Accounts Receivable 1988 thru 1991
Aged Accounts Receivable Assessment Jan thru July 1992
Archived Court Cases as of August 1989
Arrest Reports 1988 thru 1992
Bad Debt Accounts November 1990
City Daily Adjustment Journal and Old History 1988 thru 1992
City Daily Receipts Journal Entries 1988 thru 1992
Civil Docket Dump 1990 & 1992
Collection List 1988 , 1990 & 1992
County Daily Adjustments and Old History 1988 thru 1992
County Daily Receipts Journal 1988 thru 1992
County Docket Dumps 1989 & 1990
Deposit and Disbursements 1989
Docket Dumps for 1988 thru 1991
Expenditure Report ( Detailed ) 1991 & 1992
List of All Tickets Issued 1 /88 thru 12/ 88
Monthly Updates 1988 thru 1992
Small Claims Docket Dump 1990 & 1991
Ticket Book Run 1989 & 1990
Yearend Status Report County 1991 & 1992 ( Docket Dumps )
PARKING MANAGEMENT •
Accounts with Balance Greater than or equal to $ 50 6/91 to 2 /92
Closed Workorder Edit List 1992
Daily Journal Parking Issue and Receipts JE ' s 1989
Daily Workorder Report 1989
Inventory ( Issues Edit List ) 1991
Inventory ( Receipts Edit List ) 1991
Issued Tickets and Warrant Increases 1989
Listing of Current and Not Posted Payments 1989 - 1991
Listing of Current and Not Posted Payments 1 /16 /92 thru 8/31 /92