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HomeMy WebLinkAbout2004-03-16 - Agendas - Final Final Agenda • City Council Meeting March 16, 2004 A meeting of the Fayetteville City Council will be held on March 16, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Nominating Committee Report: Approved. Fire Department Certificates of Appreciation A. CONSENT: 1 . Approval Of The Minutes: Approval of the March 2, 2004 meeting minutes. Approval of the April 30, 2002, June 6, 2002, June 11 , 2002 and October 1 , 2002 meeting minutes. APPROVED. 2. Construction Contract for Fire Station 7: A resolution to approve a construction contract with VEI General Contractors, Inc. to build the West Fayetteville Fire Station on Rupple Road in the amount of $ 1 ,340, 100.00 with a contingency of $38,000.00 and approval of a budget adjustment of $274,637.00. This resolution was tabled at the March 2, 2004 City Council meeting until ti+e March 16, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 36-04. 3. MISSCO Corporation Contract: A resolution approving the purchase of shelving in the New Fayetteville Public Library from MISSCO Corporation in the amount of $ 151 , 185.00; and approving a contingency in the amount of $7,559.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 37-04, 4. AEP/Swepco Contract for Utility Burial, School Avenue: A resolution to approve a contract with AEP/Swepco, Inc. to bury utility lines along School Avenue at the New Library for the amount of $ 186,395.41 plus a contingency of $6,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 38-04, 5. Mayor Dan Coody and Stephen Davis Signatory Authority: A resolution delegating signatory authority in connection with State Revolving Loan Fund Assistance. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 39-04, w B. OLD BUSINESS: • 1 . Council on Aging, Inc.; Lease Senior Center, Walker Park: A resolution to approve a lease and agreement to provide services with the Council on Aging, Inc. for the Fayetteville Senior Activity Center in Walker Park. This resolution was tabled at the January 6, 2004 City Council meeting until the January 20, 2004 City Council meeting. This resolution was tabled at the January 20, 2004 City Council meeting until the March 2, 2004 City Council meeting. This resolution was tabled at the March 2, 2004 City Council meeting until the Martie /6, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 40-04. 2, R-PZD 04-02.00 (Cross Keys): An ordinance establishing a Residential Planned Zoning District titled (R-PZD 04-02.00) located south of Wedington Drive at the comer of N . 46'h and Persimmon Street containing 38.48 acres more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This ordinance was left on the First Reading at the Marcie 2, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4548. 3, R-PZD 04-05.00 (Hickory Park): An ordinance establishing a Residential Planned Zoning District titled (R-PZD 04-5.00) located north of 2730 E. Township Street, containing 4.429 acres more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This ordinance was left on the First Reading at the March 2, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4549, C. NEW BUSINESS: 1 . Fayetteville Senior Activity Center Additional Funds: A resolution to approve a budget adjustment in the amount of $9,864. 19 for additional expenses incurred by the Council on Aging, Inc. for operation of the New Fayetteville Senior Activity Center. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 41 -04. 2. VAC 04-2.00 Rodgers Subdivision : An ordinance approving VAC 04-2.00 to vacate and abandon a 20' portion of a platted alley, retaining a utility easement within subject property as depicted on the attached map and legal description. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4550. ` 3. McClinton Anchor Bulk Purchase Contract: A •olution approving a bulk purchase contract with APAC-Arkansas/McClinton Anchor in an amount not to exceed 51 ,240,811 .00 for asphalt and aggregate materials. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 42-04. 4. Rules of Order and Procedure, Public Notification and Participation: A resolution amending the Rules of Order and Procedure for the Fayetteville Mayor/City Council, Section A. City Council Meetings, Subsection 6. Public Notification and Participation. TABLED TO APRIL 6, 2004 MEETING, 5. Firemen's Pension and Relief Fund Board of Trustees Resolution 02-03, Increasing the DROP from Five to Ten Years: A resolution to approve the extension of the current five year Deferred Retirement Option Plan to a ten year Deferred Retirement Option Plan for all eligible employees of the Fayetteville Fire Department. FAILED. 6. Firemen's Pension and Relief Fund Board of Trustees Resolution 04-03, Working after DROP: A resolution to make continuing employment available to all eligible employees of the Fayetteville Fire Department after their five or ten year Deferred Retirement Option Plan has been completed. FAILED. Meeting adjourned at 7:55 p.m. Fayetteville City Council Meetingw4arch 16, 2004 Subject: Motion To: Motion By: Seconded : Cook Marr Rhoads ✓ OJUAW -- Davis OOJJf `a Lucas ✓ tJordan J . nReynolds p5 Thiel ✓ Pµ Mayor Coody Subject: Motion To: Motion By: Seconded : —p Cook Marr Rhoads ✓ Davis I Lucas Jordan Reynolds Thiel Mayor Coody Fayetteville City Council Meetingalarch 16, 2004 . Subject: Motion To: Motion By: VO-Ai Seconded: Cook Marr 7D R 39 -D '� hoads n Davis a04. Lucas / Jordan O Reynolds ✓ Thiel ✓ i Mayor Coody Subject: Motion To: /�/ IQA� WX/L Motion By: � Seconded : S Cook Marr —� Q Rhoads t/ Davis ✓ Lucas t/ P Jordan ✓ Reynolds ✓ 'Thiel i ( Mayor Coody Fayetteville City Council Meetingwlarch 16, 2004 • Subject: — PZD oo Cuss Aa Motion To: Motion By: (� POA Seconded : �� Il _ Cook d�J 8 , a � a Marr p d Rhoads Q„ Davis �/ ✓ 4�' n Lucas �I Jordan ✓ i/ �/ Reynolds ✓ �/ �/ zo v Thiel ✓ �/ ✓ Mayor Coody Subject: R ��/ ' Z Motion To: � Motion By: Seconded: 2 CookAU 3 Marr Rhoads ✓ r/ �/ Aidi /1 i Davis ,/ �/ DA &ALIZ& Lucas ✓ t/ OP l ' Jordan / ✓ rIVI 4795 Reynolds ✓ Thiel � / � L /� � Mayor Coody � � Fayetteville City Council Meetingwarch 16, 2004 • Subject : Motion To: vVrPA.4 tMxi fy� O �0� UO d0 Q �CX (- ik Motion By: Seconded: Cook Marr Rhoads ,Vv Davis ✓ �(Y Lucas / Jordan ,/ Reynolds Thiel LI V VAMayor Coody Subject: ESeconded : Cook — " Marr Rhoads ✓ Davis �IO I Lucas ✓ Jordan ✓ Reynolds Thiel Mayor Coody Fayetteville City Council Meeting0march 16, 2004 • Subject: U C . 0 0 Motion To: Motion By: V AI G 8�1 Seconded : �" Cook el Marr / Rhoads ✓ �✓ Davis ✓ t/ Lucas Jordan Reynolds ✓ �/ r/ Thiel ✓ �/ r/ v F� `� Mayor Coody p Subject: Motion To: ( IIS cif Q Motion By: — Seconded: Cook �• Marr A I Rhoads Davis Lucas ✓ Jordan Reynolds ((/n/0 Thiel (� Mayor Coodv � Fayetteville City Council Meetingo"arch 16, 2004 • Subject: Motion To: Motion By: A Seconded: /� Cook 91 Marr /VPJ Rhoads 40, Davis Lucas Jordan (L/• , � Q Reynolds � Thiel ✓ �� Mayor Coody -� Subject: � 1✓C4 r Do? '� �/L� do% Motion To: IL LO / D Motion By: _��/1da,, Seconded: Cook �� u Marr N , , ) Rhoads Davis 14VI / r N Lucas Jordan Reynolds Thiel N Mayor Coody fes/ Fayetteville City Council Meetingolarch 16, 2004 Subject: /j J UWU `r Motion To: U4 Motion By: Seconded: In Cook Marr Rhoads Al Davis �J W" Lucas AJ Jordan Reynolds Thiel Mayor Coody Subject : Motion To: Motion By: Seconded: Cook Marr Rhoads Davis Lucas Jordan Reynolds Thiel Mayor Coody • Final Agenda • City Council Meeting March 16, 2004 A meeting of the Fayetteville City Council will be held on March 16, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Fire Department Certificates of Appreciation A. CONSENT: 1 . Approval Of The Minutes: Approval of the March 2, 2004 meeting minutes. Approval of the April 30, 2002, June 6, 2002, June 11 , 2002 and October 1 , 2002 meeting minutes. 2. Construction Contract for Fire Station 7: A resolution to approve a construction contract with VEI General Contractors, Inc. to build the West Fayetteville Fire Station on Rupple Road in the amount of $ 1 ,340, 100.00 with a contingency of $38,000.00 and approval of a budget adjustment of $274,637.00. This resolution was tabled at the March 2, 2004 City Council meeting until the March 16, 2004 City Council meeting. 3. MISSCO Corporation Contract: A resolution approving the purchase of shelving in the New Fayetteville Public Librdry from MISSCO Corporation in the amount of $ 151 , 185.00; and approving a contingency in the amount of $7,559.00. 4. AEP/Swepco Contract for Utility Burial, School Avenue: A resolution to approve a contract with AEP/Swepco, Inc. to bury utility lines along School Avenue at the New Library for the amount of $ 186,395 .41 plus a contingency of $6,000.00. 5. Mayor Dan Coody and Stephen Davis Signatory Authority: A resolution delegating signatory authority in connection with State Revolving Loan Fund Assistance. B. OLD BUSINESS: 1 . Council on Aging, Inc.; Lease Senior Center, Walker Park: A resolution to approve a lease and agreement to provide services with the Council on Aging, Inc. for the Fayetteville Senior Activity Center in Walker Park. This resolution was tabled at the January 6, 2004 City Council meeting until the January 20, 2004 City Council meeting. This resolution was tabled at the January 20, 2004 City Council meeting until the March 2, 2004 City Council meeting This resolution was tabled at the March 2, 2004 City Council meeting until the March 16, 2004 City Council meeting. 0 0 2. R-PZD 04-02.00 (Cross Keys): An ordinance establishing a Residential Planned Zoning District titled (R-PZ.D 04-02.00) located south of Wedington Drive at the comer of N. 46'" and Persimmon Street containing 38.48 acres more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This ordinance was left on the First Reading at the March 2, 2004 City Council meeting. 3. R-PZD 04-05.00 (Hickory Park): An ordinance establishing a Residential Planned Zoning District titled (R-PZD 04-5.00) located north of 2730 G. Township Street, containing 4.429 acres more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. This ordinance was left on the First Reading at the March 2, 2004 City Council meeting. C. NEW BUSINESS: 1 . Fayetteville Senior Activity Center Additional Funds: A resolution to approve a budget adjustment in the amount of $9,864. 19 for additional expenses incurred by the Council on Aging, Inc. for operation of the New Fayetteville Senior Activity Center. 2. VAC 042.00 Rodgers Subdivision: An ordinance approving VAC 04-2.00 to vacate and abandon a 20' portion of a platted alley, retaining a utility easement within subject property as depicted on the attached map and legal description. 3. McClinton Anchor Bulk Purchase Contract: A resolution approving a bulk purchase contract with APAC-Arkansas/MeClinton Anchor in an amount not to exceed $ 1 ,240,811 .00 for asphalt and aggregate materials. 4. Rules of Order and Procedure, Public Notification and Participation: A resolution amending the Rules of Order and Procedure for the Fayetteville Mayor/City Council, Section A. City Council Meetings, Subsection 6. Public Notification and Participation. 5. Firemen's Pension and Relief Fund Board of Trustees Resolution 02-03, Increasing the DROP from Five to Ten Years: A resolution to approve the extension of the current five year Deferred Retirement Option Plan to a ten year Deferred Retirement Option Plan for all eligible employees of the Fayetteville Fire Department. 6. Firemen's Pension and Relief Fund Board of Trustees Resolution 04-03, Working after DROP: A resolution to make continuing employment available to all eligible employees of the Fayetteville Fire Department after their five or ten year Deferred Retirement Option Plan has been completed. TO: Alderman Lioneld Jordan FROM: Sondra Smith Secretary Fireman's Pension and Relief Fund Board of Trustees DATE: 03/10/04 SUBJECT: Firemen's Pension Resolutions I am responding to your question about why I voted to approve the Firemen's Pension resolutions that will be before the City Council on March 16. Until recently the law permitted firemen to sign up for the DROP plan for a period of five years. The law changed in 2003 to allow an extension to ten years. The Fireman's Pension Board passed a resolution to allow the ten year extension. The City Council has to approve the resolution that was passed by the Firemen's Pension Board. Signing up for a Five Year DROP • A fireman is stating he will be retiring sometime in the next five years. • 90% of the amount he is earning when he elected DROP is set aside during the DROP period. • Retirement funds that were set aside are paid in a lump sum distribution from the Pension Fund when he leaves employment. Signing up for a Ten Year DROP • A fireman is stating he will be retiring sometime in the next ten years. • 90% of the amount he was earning when he elected DROP is set aside during years 1 -5 of the DROP period. • 75% of the amount he was earning when he elected DROP is set aside during years 6- 10 of the DROP period. • Retirement funds that were set aside are paid in a lump sum distribution from the Pension Fund when he leaves employment. Extending the DROP from 5 to 10 years had to be approved by an actuary firm that is selected by the State. This also had to be approved by the Arkansas Fire and Police Pension Review Board before it could be presented to the City Council. A copy of all of this is in the tentative agenda. Before I made a decision on the resolution 1 wanted to see the affect this would have on the Firemen's Pension Plan and the City. Accounting did the attached calculations. Page 1 shows the estimated pay out of lump sum distributions from the pension plan at the end of the DROP period for a five year DROP and a ten year DROP. Page 2 shows the decrease the employee would receive in funds if they extend their DROP period from 5 to 10 years. Page 3 shows the cost the city would incur in yearly cost for the City's portion of retirement funds for a veteran fire fighter versus a new hire. These numbers are hypothetical numbers based on estimated salaries at different pay levels. There would not be a negative affect on the Fire Pension Fund and the cost to the City would be minimal based on the numbers I received from accounting. FifYVETTE'tlatl City of Fayetteville FIRE Fire Department DEPT. 303 W Center Fayetteville, AR 72701 Thursday, March 11 , 2004 To: Fayetteville City Council From: Marion Doss, Trustee Firemen's Pension & Relief Board Subject: Clarification of 3/10/04 memo Reference the memo of 3/10/04 concerning the Deferred Retirement Option Plan and listing dates and ages of employees at end of D.R .O.P. period. This was meant as an informational item only. Any opinions expressed or implied are my personal opinions as a Trustee of the Firemen's Pension and Relief Board and do not reflect the opinion of the Fire Department or Fire Department Administration. Thank You, Copies: Mayor Dan Coody Fire Chief Chris Bosch City Clerk Sondra Smith FAVETTE 44Le City of Fayetteville �E Fire Department OEPT. 303 W Center Fayetteville, AR 72701 ri Wednesday, March 10, 2004 To: Fayetteville City Council From: Marion Doss Subject: Deferred Retirement Option Plan (D.R.O.P.) The "old" Firemen's Pension and Relief Fund currently has a 5 year D.R.O.P. We have nine Firefighters now working who are covered under this "old" plan. The plan was closed in 1982. Of these nine Firefighters, eight have signed up for the D.R.O.P. program: NAME SIGNED END 5 YR. AGE END 10 YR. AGE Ed Bachman 5/ 1 /99 5/ 1 /04 48 5/1 /09 53 Lonnie Napier 4/ 1 /00 4/1 /05 50 4/ 1 / 10 55 Pete Reagan 7/ 1 /00 7/1 /05 49 7/ 1 /10 54 Marion Doss 1 / 1 /01 1 /1 /06 63 Retiring at end of 5 year DROP Marshall Mahan 3/ 1 /03 3/ 1 /08 55 3/1 /13 60 Joey Pierce 3/ 1 /03 3 1 /08 49 3/ 1 / 13 54 Glen Shackelford 3/ 1 /03 3/1 /08 50 3/ 1 /13 55 Ted O'Neal 4/ 1 /03 4/1 /08 48 4/1 /13 53 As you can see most of these Firefighters are retiring at a fairly young age. I realize there will be a slight saving in salaries as these people retire and people move into their positions at a lower salary however what price can we put on their experience? The Firefighters hired since 1983 under the LOFPI can work until age 62. Thank You, 13714 Bethel Blacktop Rd. Farmington, AR 72730 March 8, 2004 Fayetteville City Board of Directors Fayetteville, AR 72701 Board Members: In regards to the deferred retirement option plan for the firemen's pension and relief fund for Ed Bachman, I respectfully request a five-year extension as approved through Arkansas's ACT 1369 of 2003, HOUSE BILL 1218, and which is currently being considered for approval by the City of Fayetteville. Five years ago, I found myself in the position of working for a salary that was significantly below the national average. Under the administration at the time, the future did not hold much hope for improving, and I was faced with a difficult decision of what was best for my family. I made the decision to sign up for the drop, work the five years, and then get another job to supplement my retirement. However, in the last year, and under new administration, my salary has been increased by 28%, and the level of professionalism with the administration as well as the Fire Department as a whole has increased significantly. With this new administration, our department has seen great improvements in working conditions, equipment, apparatus, leadership, and, most importantly, the moral of the men. I have enjoyed being a fireman, and I am thankful for the opportunity to have touched the lives of so many in my work for the Fire Department and the City of Fayetteville. The Fayetteville Fire Department is progressing forward, and I would like to continue to be part of the team that has meant so much to me throughout the years. I would appreciate an opportunity to extend my career with the Fayetteville Fire Department. Respectfully, ale4� Ed Bachman Engineer/Driver Fayetteville Fire Dept. .tai sie .tOf&w Zjachz&w �n� alma OIAW Ak rew 2Y66 YO &x &WAWaYmi! ffA72702 c«Raxhh&„+ To 91P City of Fayetteville Alderman From eter Reagan, Trustee, Fayetteville Fireman 's Pension and Relief Fund President, Fayetteville Fire Fighters Association IAFF Local 2866 Date 3/6/04 Ref Enacting Arkansas Acts 1369 and 1372 of 2003 As per the above mentioned Acts, the Fayetteville Fireman' s Pension and Relief Fund voted unanimously to allow these acts as part of our benefits package. The actuary firm of Osborn, Carreiro & Associates Inc., which is the actuary firm for the Arkansas Pension Review Board, has opined that these benefit increases will not significantly impact the actuary soundness of the plan and have given their blessing on this benefit increase. The Arkansas Pension Review Board Executive Director David Clark, has given his blessing on this benefit, pending the approval of you, the City Council, City of Fayetteville Arkansas. Mayor Dan Coody and Fire Chief Chris Bosch have stated they are opposed to the implementation of both Acts, for financial reasons. 1 disagree with both of their stances and ask you to consider the time and money that have been invested by the City of Fayetteville in these eight (8) Fire Fighters, who are eligible to receive this benefit. Fire ground expertise comes with knowledge and experience. I would hope that you will study these documents, as we have, and vote to pass this issue for your Fire Fighters. If you have any questions regarding these issues, please contact me at Cell - 479-841 -0320 Email - aptf'ay@aol.com RECEIVED MAR 0 5 2W CITY OF FA r ETTEVILLE CITY CLERK'S OFFICE o < Z m 3 9 w 0 OMR P9 w w w w O O w w w o w > > > a > > 3 T > > ,e cr 3 0 o f's 0ol m o 0 o m o s s rio s s s d SPoo s Z A A A A A J A AIA A m C p A A A A A J ? 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The nominations are being submitted by the Nominating Committee, Mayor Coody and the Advertising and Promotion Commission for recommendation. Advertising and Promotion Commission The Advertising and Promotion Commission recommends the following candidate for reappointment : • David McGeady — re-appointment, One term ending 04/01 /08 Civil Service Commission "Ihe Committee recommends the following candidate for appointment : • William Brown - One term ending 03/31 / 10 Construction Board of Adjustments The Committee recommends the following candidates for re-appointment: • William Green — re-appointment, One term ending 03/31 /09 • Kit Schmelzle — re-appointment, One Alternate Member term ending 03/31 /05 Environmental Concerns Committee The Committee recommends the following candidates for appointment: • Marti Benedict — re-appointment, One Local Industry term ending 12/31 /06 • Mina Marsh — One Community Citizen at Large tern endingl2/31 /06 Fayetteville Board of Health Mayor Coody recommends the following candidates for appointment: • Dr. Anthony Hui — One Chairman term ending 12/31 /04 • Don Moore — One term ending 12/31 /04 • Jim Huffman — One term ending 12/31 /04 • Rick Johnson — One term ending 12/31 /04 • Dr. David Crittenden — One term ending 12/31 /04 Planning Commission The Committee recommends the following candidates for appointment: • Candy Clark — One term ending 03/31 /07 • Christine Myres — One term ending 03/31 /07 • Sean Trumbo — One term ending 03/31 /07 Public Library Board of Trustees Mayor Coody recommends the following candidate for re-appointment: • Steve Singleton — re-appointment, One term ending 04/01 /09 Sidewalk and Trails Task Force The Committee recommends the following candidate for appointment: • Surrendra Singh — One Community Citizen at Large term ending 12/31/05 Tree and Landscape Advisory Committee The Committee does not wish to make any recommendations at this time. FAYETTEtILLE THE CITY OF FAYETTEVILLE. ARHANSAS DEPARTMENTAL CORRESPONDENCE TO: The Mayor and City, Council FROM : Sondra Smith City Clerk DATE : 03/09/04 SUB.IECT: Meeting Minutes 2002 We have finished transcribing the 2002 meeting minutes that were Rmnd incomplete. I have attached a copy of the minutes for four meetings in 2002 that will need to be approved . I have also found some 2001 minutes that have not yet been completed. We are in the process of transcribing them and should have them to you for approval in April . All 2003 minutes have been completed and approved. I will ensure that all minutes in the future are completed in a timely manner. Sondra Smith City Clerk City of Fayetteville 113 West Mountain Fayetteville, AR 72701 479-575-9323 Slxcial City Qwncil Mttymg Minutcc Apnl 30. 2002 Page I of7 Special City Council Meeting Minutes April 30, 2002 A special meeting of the Fayetteville City Council was held on April 30, 2002 at 4 :20 p.m. in Room 326 of the City Administration Building located at 113 Nest Mountain Street, Fayetteville, Arkansas. PRESENT : Aldermen Thiel, Santos, Jordan, Reynolds, Davis, Mayor Coody, City Attorney Kit Williams, City Clerk ( leather Woodruff, Staff, Press, and Audience. Alderman Young absent. New Business: Waste Management: A resolution to approve an interim agreement with Waste Management, Inc. to allow them to temporarily expand the hours of operation of the Solid Waste Transfer Station and pay for replacement ofthe lip edge guard on the dumping platform, to declare an emergency and for other purposes. Mayor Coody : We' re here today to discuss a contract with Waste Management to kind of get us through this emergency period. Do you have the agreements in front of you? Kit Williams: It's called the Interim Agreement. 11ayor Coody: Kit do you want to let us read it and then you can explain the agreement and answer any questions that we may have. Kit Williams : As you may remember Mayor, yourself, myself, and the members of the Solid Waste Division of the city met with representatives of Waste Management Monday morning. We discussed their need to use our transfer station in order to properly service the cities of Springdale, Rogers and other customers in Northwest Arkansas since their landfill has been closed. If they do not use our transfer station they will have to try to truck their garbage in garbage trucks to distance landfills which is simply not feasible. This would cause major problems for the citizens of Rogers and Springdale and other people. We negotiated with them; they were very torthcoming and helpful. We have worked out this proposed interim agreement through our city staff, my understanding is that the city staff is in favor of this and they endorse this. 1 did provide several safeguards for the citizens including requiring the garbage trucks to follow designated routes on major highways and not use city streets in order to get to the transfer station. There are other particular safety guards for liability potentials which are not substantial but 1 thought that we should still cover them. We are now presenting this to you along with the resolution to adopt it so that you can go ahead and go forward with this. They certainly need to use our transfer station and I think this is a good agreement to allow them to use it . You should note also that it has a 30 day notice provision that if we or they want to cancel this agreement we/they can with a 30 day notice. This agreement would end if the Tontitown landfill is reopened for regular business because at that point they would not need our transfer station. • eSpecial City Council Meeting Minutes Apri130, 2002 Page 2 of 7 Mayor Coody: I might note that the first whereas says if suddenly and expectedly closed it should read unexpectedly. Kit Williams : I think you're right. Mayor Coody: Other than that do you want me to read this or do you want to read this resolution? Kit Williams: It's your choice Mayor. Mayor Coody reads the resolution in its entirety. Kit Williams: I should note that actually on the emergency clause we're not going to take a separate vote on that, as you are aware it requires six votes from the Council members. We only have five members here. However, l think this resolution is effective immediately anyway. It had not been in the past before the legislature changed the law. I do think that the resolution is effective immediately. Let' s strike Section 2 out; we' ll just leave Section 1 . 1 think that everything else is okay because there is an emergency situation, that' s why we're having this special meeting. Alderman Davis: The second Section 1 . Kit Williams: Yes. The second Section 1 . Alderman Santos: A resolution wouldn't require an emergency clause like an ordinance would. Kit Williams: I think you are correct, I think despite the fact that the legislature has changed the law somewhat and made it a little bit unclear I still think the rule is that resolutions take effect immediately. Mayor Coody: Waste Management and us have agreed that they would use a designated route which would come down south on I-540 to the intersection of I-540 on Business 71 and then head east on Highway 16? Kit Williams: Highway 16 East. Mayor Coody: That would go all the way to the transfer station. So it's entirely on the heavy use state highways and it stays away from our lesser city streets and lesser state highways. They will be required to use this route coming and going all their trucks will use it. We will be collecting a 5% franchise fee that we normally collect in a circumstance like this, which will help cover some of our costs that we might have although we don't anticipate any cost. They're going to be covering our overtime costs, administrative costs; they've agreed to cover all that. This is a good way that we can help out our sister cities and it's not going to put us in a bind at all. Kit Williams: We did also provide for free overflow parking at our airport for the numerous semi- trailer trucks that they're going to have, that was requested by Mr. Dumas because we didn't want them at the transfer station where they'd get in each other's way. There' s will be some overflow parking as long as the trucks and trailers are clean and sanitary when they are parked at our airport. Alderman Davis: Where does this place the city as far as additional liability? i • Sjxxial City Cwncil MttYing Minwcs Apdi So, 2002 Page a or i Kit Williams : 1 really don' t think we have too much. One thing that did concern me about liability was the fact that our municipal waste would be mixed with waste from Springdale, Rogers and other places and that' s why I put Section 8 in there, since the City of Fayetteville' s solid waste will be co- mingled by Waste Management with about twice the volume of other municipal and solid waste brought in by Waste Management during this emergency period, paragraph 10.01 of the General Specifications of our current contract with them is modified so that title and liability for any hazardous waste and non-acceptable waste is presumed not to generated or delivered by the City of Fayetteville during this period. That changes slightly our other contract with them where it left the liability with us but at that point in time most of waste going to the transfer stations was coming from Fayetteville, now most of the waste will be coming from other cities, in addition the waste is being shipped to several different landfills. We don' t want to assume any liability for any of these other landfills if we don ' t have to, therefore f included that in the contract and they agreed with that portion. Alderman Reynolds: How long are we going to give them to correct their problem with Tontitown? Alderman Santos : Ifthere is a problem . Kit Williams : It' s not us giving them any time, that is up to the State. If we are dissatisfied with this interim agreement and it begins to go on longer than what the City Council wants, then the City Council has the right, according to the last paragraph, to give 30 day's notice to terminate this agreement. We would want to make sure that whatever we did would not leave them in a situation that the sister cities to the north would have too much garbage that wasn' t being picked up, because that could of tect the health and safety of our entire region. Alderman Davis : Kit Fin still concerned about No. 8, if' we get in a situation where something is a pollutant its going to be possibly the argument that it was the City of Fayetteville waste and not Springdale, Rogers, etc. and that' s a concern. I feel we will have the he said, she said type of situation. Is there anyway that we could be named on their liability policies as additional insured with waiver of the situation? Kit Williams : In our original agreement with them they are required to have liability coverage if they are operating a transfer station. I think this probably protects us about as well as can be expected in an interim sort of agreement. Alderman Davis: We can tighten that up some can't we? Kit Williams: It takes two parties to contract. If you read their contract with us that we have right now, that is for another almost five years, it was redone in '99 but effective for a five year renewal on April I , 2001 . They arguably have the right to use our transfer station without this agreement. They have chosen and we have chosen to enter into an interim agreement to be good neighbors and to work together on this. I think we have some good provisions in here that was not in our other agreement. 1 think they have a strong arguable right, if they are operating as our transfer station there is a provision in there saying that they will not only handle Fayetteville' s waste but they will handle waste that is not Fayetteville's waste and there's even some provisions about fees. • OSpccial City Council Meeting Minutes 1 Apn130, 2002 Page 4 of 7 Alderman Davis: That is what concerns me, waste that is not Fayetteville's. Kit Williams: That' s right. Under the current contract that we have with them that runs another four years, they have a right to have this waste go through our transfer station. Alderman Davis: You can be added on to a policy for an additional charge of little to nothing, they may charge you $ 100, and it depends on the carrier. Most carriers will go ahead if it' s requested through labor determination, which will extend or limit the city's obligations where they could come back and take us to court at some point in time. I would like to see that added to this agreement. That way we're putting further distance between us and anything that may happen in the future that could happen to the transfer station. Alderman Santos: 1 don't think we need to have any insurance to help them make money either. I think we're perfectly well covered here. Mayor Coody: Waste Management do you all have an answer to Alderman Davis' s concerns regarding insurance? Mr. Wheatley with Waste Management: We would refer to the original contract. We think that there is substantial coverage in that original contract. This is just an interim agreement based upon the original contract. Alderman Davis : I don't have the original contract in hand to see what it says. Alderman Santos: The additional modifications that any liability for any hazardous waste and non- acceptable waste is presumed not to have been generated or delivered by the City of Fayetteville. Kit Williams: Obviously that's what carries the liability is the solid waste, that' s how you could trace it back and provide liability to a city or to another entity, if it' s your solid waste that causes the problem. That's why I put the presumption in this contract which is almost impossible to rebut because all this trash is being co-mingled that it did not come from the City of Fayetteville. I think that would be a very strong legal defense and that's why I wanted it in there. I appreciate Waste Management agreeing to that, because by doing that they basically have cut us off if there is some allegation in the future that the solid waste that is coming out of the transfer station and going to another landfill where we usually don't put it that there is presumption that it did not come from Fayetteville and therefore it came from Waste Management' s other clients. Because of the fact that the waste is being co-mingled that presumption would almost be impossible to rebut in a case. I don't know how they would be able to rebut that. Alderman Davis : Why are we arguing over something that maybe as little as a $ 100 bucks or zero? Why don't we go ahead and ask them to add that in there and that way it takes care of it. Mayor Coody: Would you guys be willing to add in this insurance carrier clause that Alderman Davis is asking about. Alderman Davis: To add the city to be named as an additional insurer? Special City Cuwxil Naymg Minutes April 30, 2002 Page s of 2 Mr. Wheatley with Waste Management: Mayor I' m sure we would. 1 can' t say for sure in a public meeting because I don't know the exact cost. Mayor Coolly : 1 know you need to get it cleared by your superiors and your legal representatives. What we could do is go ahead and make the assumption that we will do this, by this approach we can go ahead and get this passed and deal with this tomorrow morning first thing. Mr. Wheatley with Waste Management : We agree to that . Alderman Davis : I ' m going to add an amendment on here to add a waiver of subrogation with the City of Fayetteville to be named as additional insured . Kit Williams: Is that exactly how you want this to state'? Alderman Davis: I lowever you think it needs to be written. I 'm just trying to protect the city to the best of our ability and trying to make it that much broader for somebody to come back and suc the city. Kit Williams : A waiver of subrogation doesn' t protect the city in that we can get sued. It doesn' t stop us from getting sued. I-low do you want that to read? Alderman Davis : I would say we want to be named as individual insurer to the current pollution policy, general liability policy, and also give the City of Fayetteville waiver of subrogation. Alderman Reynolds: We need to set a time limit. Mayor Coody: If this goes on more than 30 days I would be surprised. Alderman Reynolds: I think we need to set a time to bring it back and look at it in case it does. Alderman Davis : Do you want to add something to this? Alderman Reynolds: I 'd say we bring it back if it lasts longer than 60 days. Kit Williams: We' ve have a 30 day notice on this, you can bring it back anytime you want to so 1 don' t think you need to put anything in the contract because there's already a 30 day notice in the contract that all you'd have to do as a Council is say we want to end this contract . Alderman Reynolds : After May the 30'" it comes back to us again? Kit Williams: No. What I ' m saying is that if you get dissatisfied with this contract at anytime, then you just agree we want to terminate this interim agreement. However, I must advise you as stated here in, the underlying agreement, Waste Management of Arkansas, Inc. would argue that they have the right, without this interim agreement to do exactly what they are doing at our landfill without fifllowing our restrictions and without paying us for the replacement of the lip edge guard, without any of these other provisions in here, without giving us any presumption that this is not our trash going somewhere else i f its hazardous waste. They would argue that they don't have to do anything that the current four year contract that they' re on right now gives them the absolute right to do this • •special City Council Meeting Minutes April 30, 2002 Page 6 of 7 without any of these other provisions. My advice to you is that we've worked out a pretty good contract with them where they have gone beyond what might be absolutely required and they have signed it. Mr. Chuck Dees, the group vice president out of Houston has already approved the one that is in front of you, my advice as your attorney is this is a good interim agreement. Mayor Coody: So if this was approved in 1999 it had to come before the City Council to be approved, is that right? Kit Williams: It was. It was essentially approved in 1999, effective April 1 , 2001 for another five year renewal. Mayor Coody: Was the subrogation insurance brought up at that point? Kit Williams: I don't know. Mayor Coody: We' ll talk about the insurance tomorrow morning bright and early. Kit Williams: I probably can't do this tomorrow, I've got oral arguments in Little Rock before the Supreme Court that I have to leave tomorrow and go to. We need to try to win that case and I need to be prepared for that. I also have to appear and give my opinion on a $9,000,000.00 bond issue that's being closed tomorrow at Stephens. Alderman Davis: Can David take over and finish it? Kit Williams: I don't know. I can ask David to try to do that. It's your pleasure as to whether you want to accept this as presented by administration or if you want to try to get amendments done as Mr. Davis has suggested. Alderman Thiel: I thought we were going to go ahead and accept it like this, but you were going to make this proposal that we get this done within a certain amount of time. Alderman Davis: Also can we have this added on to this particular proposal? Mayor Coody: You can make a motion. Alderman Davis: That is my motion. Mayor Coody: Your motion is that we have the insurance before we vote on it or is your motion that we talk about it first thing tomorrow. Alderman Davis: You can talk about it first thing in the morning but that' s what the city would like to have. Alderman Davis moved to amend the Resolution by adding the City of Fayetteville as an additional insured to the contract and insurance policy. Alderman Santos seconded the amendment. Upon roll call the motion passed 5-0. Alderman Young was absent. 0 Special City Cuunn l Mining Minutes Apn170. 2002 Page 7 of 7 Alderman Santos moved to approve the Resolution as amended. Alderman Jordan seconded. Upon roll call the Resolution passed 5-0. Alderman Young was absent. RESOLUTION 66-02 AS RECORDED IN TI/E OFFICE OF TIIE CITY CLERK. John Sampier with Waste Management : I am a municipal marketing manager for Northwest Arkansas for Waste Management. The City of Fayetteville's trash goes through their transfer station. We didn' t discuss about whether or not we had the right under our present contract to use the transfer station. I called Mayor Coody and asked him if we could meet and given our situation would it be possible to consolidate our rates for the Fayetteville transfer station and serve our customers in an expeditious manner. We appreciate Mayor Coody, City Attorney Kit Williams, Carol Hill , and the department heads that have been involved in this; we' ve talked for a considerable period of time about it. Here' s the practical aspect of what you ' ve done. When 1 called the mayors of other cities and communities today and asked them if there are any problems they said no. Most residential customers and commercial customers if they hadn' t read the paper they would not have noticed that anything was different. That was our goal, to keep the streets picked up and the cities clean is a health and safety issue and with Mayor Coody' s leadership this has happened and I hope the other cities and other communities in Northwest Arkansas notices what Fayetteville has done. This is a very important public/private partnership for the citizens as Mayor Coody said. Gary Dumas has been more than helpful . 1 simply want to thank the Council and especially Mayor Coody for what you' ve done. his a good thing. Mayor Coody: Thank you. I' m glad we could help. This meeting is adjourned . Meeting adjourned at 4:50 p.m. • Spaial City Council Mctling Minutes June 6. 2002 Page I of 7 Special City Council Meeting Minutes June 6, 2002 A meeting of the Special Meeting of the Fayetteville City Council was held on June 6, 2002 at 7 :00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A meeting to select a Ward 3 Alderman to replace Trent Trumbo. PRESENT: Alderman Santos, .Jordan, Reynolds, Thiel, Young, Marr, Davis, Mayor Coody, City Attorney Kit Williams, City Clerk Ileather Woodruff, Staff, Press, and Audience Mayor Coody called the meeting to order. Mayor Coody introduced the applicants: Tom Bechard Betty Martin Robert Rhoads .lana Britton Ken Myers Chet Caldwell Mayor Coody: We are going to draw numbers, you will pick a number 1 - 6, you will sit in order and that is how you will answer the questions. You will be asked to come to the podium to answer each question. We will start with Alderman Santos asking the first question, the first question will be answered by applicant number 1 , followed by applicant number two until all applicants have had a chance to respond. Alderman Brenda Thiel will then ask her question which will be answered first by applicant number two until all applicants have had a chance to respond. There will be seven questions and a final opportunity to make a statement so everyone will go first at least once and applicant' s number one and two will go first twice. Each answer by an applicant is limited to not more than two minutes. City Clerk Heather Woodruff will operate a devise in which an amber light will go on when you have 30 seconds remaining and a red light will be activated when your time is up. You may finish your sentence when the red light goes on but you must stop at the end of your sentence. The Mayor may also hold up a stop sign if you fail to notice the red light. Following all of the applicants final statements the City Council may discuss the applicants, but further questioning is not anticipated. The City Council may then vote to select the new Alderman for Ward 3 . l special City Council Meeting Minutes ' June 6, 2002 Page 2 of 7 The applicants began answering the questions in the following order: Jana Britton Betty Martin Robert Rhoads Chet Caldwell Ken Meyers Tom Bechard The applicants gave their closing statements. Mayor Coody: I would like to say this has been a good experience for all of us; I am going to speak for the City Council. I would have to say in my experience we have not seen such a high quality cast of candidates. Every one of you would be excellent up here. You are well reasoned, thoughtful, your ideas are clear and your speech is succinct. We appreciate all of your involvement and I hope you won't mind, the five of you that don't get up here, if we call on your expertise in the future. We would ask you to stay involved in the local government here. There will be other elections coming up this November and other elections every two years following that, plus other opportunities for involvement. I think you have shown yourselves to be such good quality candidates. We would welcome working with each and every one of you and every one of you would bring something really wonderful to the table. I wish we could appoint all of you. Thank you for applying for this position. We have two options, we can discuss the applicants in public or someone can make a motion if they so desire to go into executive session, this would take a second and a majority vote of four to approve going into executive session or we could discuss them here in public. What is the wish of the Council? Alderman Reynolds moved to go into executive session. Alderman Young seconded. Upon roll call the motion to go into executive session failed 3-4. Alderman Reynolds, Young and Davis voting yes. Alderman Santos, Jordan, Thiel and Marr voting no. Alderman Santos: We are all really feeling like we are in a tight spot here. This is one of the hardest decisions we are going to have to make. We are replacing Trent Trumbo and I have seen examples of his intelligence, wit and compassion. I wish you could all serve a month each. This is really hard for me. I have worked with Jana Britton through the years when I worked on the Planning staff, through her campaigns and I read an endorsement for her that she has collected votes in Ward 3 before that makes me lean towards her. All of you have been so impressive; I sure want to see more of all of you. lust in the hour and a half that we have spent here tonight 1 feel like I have gotten to know you all a lot better which makes it even more difficult to make a decision. Alderman Reynolds: We have six good candidates. I think they are all great and I know them well. Trent Trumbo was a well loved fellow and I know that he had a lot of love for his fellow Alderman Bob Davis, he thought a lot of him and I said after his passing that I would support