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Home My WebLink About2005-04-19 - Agendas - Final Aldermen Ward 1 Position I - Robert Reynolds Mayor Dan Coody AWard 1 Position 2 - Brenda Thiel City Attorney Kit Williams � 1 Ward 2 Position I - Kyle B. Cool: T.. ayve 1Ward 2 Position 2 - Don Marr City Clerk Sondra Smith Ward 3 Position I - Robert K. Rhoads Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting April 19, 2005 A meeting of the Fayetteville City Council will be held on April 19, 2005 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. CONSENT: 1. Approval of the Minutes: Approval of the March 15, 2005 City Council meeting minutes. APPROVED. 2. City of Goshen Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of Goshen, Arkansas to provide animal sheltering services to the City of Goshen for 2005 . PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 73-05, 3. City of Farmington Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of Farmington, Arkansas to provide animal sheltering services to the City of Farmington for 2005 . PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 74-05, 4. City of Winslow Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of Winslow, Arkansas to provide animal sheltering services to the City of Winslow for 2005 . PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 75-05, 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org 0 0 5. City of West Fork Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of West Fork, Arkansas to provide animal sheltering services for 2005. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 76-05. 6. City of Tontitown Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of Tontitown, Arkansas to provide animal sheltering services to the City of Tontitown for 2005. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 77-05, 7. Washington County Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and Washington County, Arkansas to provide animal sheltering services to Washington County for 2005 . PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 78-05, 8. ADEQ & Boston Mountain Solid Waste District Grants: A resolution authorizing the Fayetteville Solid Waste and Recycling Division to accept two grants totaling $38,389.00 from the Arkansas Department of Environmental Quality (ADEQ) and the Boston Mountain Solid Waste District for the purchase of a wire tie system and repairs to the bailer; approving a Budget Adjustment to recognize the grant revenue; and awarding Bid 05-27 to Downing Sales & Service, Inc. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 79-05, 9. Disc Mower Conditioner Purchase: A resolution approving the purchase of one ( 1 ) Disc Mower Conditioner from Williams Tractor Co. in the amount of $ 14,699.00 for use by OMI. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 80-05, 10. Hay Baler Purchase: A resolution approving the purchase of one (1 ) Large Square Hay Baler from Williams Tractor Co. in the amount of $54,949.00 for use by OMI. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 81-05, 11. Off-Street Parking Appointment: A resolution approving the appointment of Rick Woods to the Board of Off-Street Parking Development District No. 1 in accordance with A.C.A. § 14-88-304. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 82-05, 12. Jail Services Inter-Local Agreement: A resolution adopting an Addendum to the Inter- Local Agreement for Jail Services between the City of Fayetteville, Arkansas, and Washington County, Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 83-05, 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfaycUcAlle.org 0 0 13. Cross, Gunter, Witherspoon & Galchus, P.C. Professional Services: A resolution to approve a contract for Professional Services with Cross, Gunter, Witherspoon & Galchus, P.C. in a not to exceed amount of $20,000.00 to begin representation of the City in the Peter T. Reagan, ET.AL. V. City of Fayetteville Lawsuit. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 84-05, B. UNFINISHED BUSINESS: 1. Amend Chapter 96: Noise Control: An ordinance to add §96.09 to the Code of Fayetteville to restrict the use of a compression release engine brake or "Jake Brake." This ordinance was left on the first reading at the April 5, 2005 City Council Meeting. THIS ITEM WAS TABLED TO THE MAY 3, 2005 CITY COUNCIL MEETING. C. NEW BUSINESS: 1, RZN 05-1409 (SCB Investments, LLC): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1409 for property located at 1841 Leverett Avenue containing approximately 1 .43 acres from RSF-4, Residential Single Family, Four Units Per Acre, to RMF-24, Residential Multi-Family — 24 Units Per Acre. THIS ITEM FAILED AT THE APRIL 19, 2005 MEETING. 2. RZN 05-1412 (Mountain Ranch/Terminella): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1412 for property located south of Future Persimmon Street containing approximately 21 .05 acres from R-A, Residential Agricultural, to RSF-4, Residential Single Family, Four Units Per Acre. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 3. RZN 05-1413 (Jones): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1413 for property located at 2468 N. Crossover Rd. (The NE corner of Crossover & Township) containing approximately 4.77 acres, from R-A, Residential Agricultural to RSF-2, Residential Single-Family 2 Units/Acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4695, D. INFORMATIONAL: Council Tour: None Meeting adjourned at 6:25 p.m. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting April 19, 2005 Subject: Motion To: Motion By: Seconded: Ferrell Lucas Jordan ✓ Reynolds Thiel Cook Marr ✓ Rhoads Mayor Coody r/ Subject: Motion To: V� Motion By: Seconded : Ferrell ,✓ () Lucas ✓ / Jordan � Reynolds ✓ Thiel Cook ✓ 06 Marr t✓ Rhoads Mayor Coody City Council Meeting April 19, 2005 • • Subject: AA oikeQ uqgr2, 7(, en -7e-ox Motion To: L kxkk Motion By: Seconded: Ferrell Lucas Jordan Reynolds Thiel 1 . Cook (/ Marr v ( -� �N�► Rhoads Mayor Coody Subject: 2 ZN (Q � — / 5L0y C�5 (I A&w1)444A a� LLC) Motion To: Motion By: Seconded: Ferrell ✓ Lucas ✓ Al Iv Jordan N Reynolds Al Thiel ,/ ✓ Al Cook ✓ ✓ Marr // Rhoads ti Mayor Coody City Council Meeting April 19, 2005 • • Subject: 2Z Al p ' /4�/ oZ � /VlDun.,><gi r1 �le.►II � Motion To: /W Motion By: dam_ Seconded: Ferrell Lucas r/ Jordan ✓ Reynolds i Thiel t/ Cook Marr ✓ Rhoads ✓ Mayor Coody Subject: 0i: z /V Motion To: kd Motion By: Jk J Seconded : �' �, 2 Ferrell ✓ v C ✓ Lucas ,i ✓ 1 Jordan J Reynolds Thiel ✓ t/ / Cook ✓ t/ ✓ Marr ✓ �/ �/ 11 � 1 Rhoads I I �U Mayor Coody A. 13 Cross, Gunter, Witherspoon & Galchus, P.C. Professional services Page 1 of 10 aye evi le ARKANSAS City Council Meeting of April 19, 2005 CITY COUNCIL AGENDA MEMO TO: Mayor Dan Coody and City Council THRU: Stephen Davis, Finance & Internal Services Directotk FROM: Michele Bechhold, Human Resources Director-�n6 DATE: April 71 2005 SUBJECT: Professional Services Agreement with Cross, Gunter, Witherspoon & Galchus, P.C. Recommendation Staff recommends approval of a professional services agreement with Cross, Gunter, Witherspoon & Galchus, P.C. to provide legal services on a retainer basis. Staff wishes to enter into this agreement in order to consult with the firm in their areas of expertise, namely federal and state labor laws. Staff also plans to request the firm to conduct independent reviews from time to time to provide assurance that the City's policies, procedures and practices are in compliance with applicable labor laws. Discussion This area of the law is complex and constantly changing as case law develops from court interpretations and decisions. This request to employ specialized counsel is consistent with the City's established pattern of seeking external counsel in the specialized areas of property and casualty, bond indentures, etc. The City currently coordinates these specialized legal services through the City Attorney's office. Staff will continue that practice upon approval of this agreement. The list below is not all inclusive but represents several of the federal laws that the City must comply with as an employer. State Code also contains labor regulations that employers must abide by. Title VII of the Civil Rights Act Family and Medical Leave Act Americans with Disabilities Act Age Discrimination in Employment Act Fair Labor Standards Act Fair Credit Reporting Act Immigration Reform and Control Act Health Insurance Portability and Accountability Act Uniformed Employment & Re-employment Rights Act Procurement Method . This firm was selected following a professional selection method which included the required notification/advertisement process. Budget Impact The Human Resources Program has funds available to pay for these services. Staff is available to answer any questions you may have. A. 18 Cross, Gunter, Witherspoon & Galchus, P.C. Professional Services Page 2 of 10 MILESTONES FOR DEPARTMENT OF LABOR SUPERVISED SETTLEMENT PROCESS New World Systems Programmers On-site Cross, Gunter, Witherspoon & Galchus Legal Services Agreement To City Council Timekeepers trained on Remote Entry of Payroll Remote Entry Process Goes Live Processes and Practices Reviewed by DOL Implementation of DOL recommendations into the payroll process Calculation of any back wages due DOL review and approval of back wage calculations DOL supervises the settlement process i i A. 13 Cross, Gunter, Witherspoon & Galchus, P.C. Professional Services Page 3 of 10 RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT FOR PROFESSIONAL SERVICES WITH CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. IN A NOT TO EXCEED AMOUNT OF $20,000.00 TO BEGIN REPRESENTATION OF THE CITY IN THE PETER T. REAGAN ET. AL. V. CITY OF FAYETTEVILLE LAWSUIT WHEREAS, the City had previously selected Cross, Gunter, Witherspoon & Galchus, P.C. to advise the Human Resources Division on labor law issues; and WHEREAS, a professional selection committee again selected Cross, Gunter, Witherspoon & Galchus, P.C. to defend the City in the Peter T. Reagan, et. al. v. City Of Fayetteville lawsuit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I : That the City Council of the City of Fayetteville, Arkansas hereby approves the Contract For Professional Services with Cross, Gunter, Witherspoon & Galchus, P.C. in a not to exceed amount of $20,000.00 (attached as Exhibit A) and authorizes Mayor Coolly to sign this contract. PASSED and APPROVED this 1911, day of April, 2005. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk A. 13 Cross, Gunter, Witherspoon & Galchus, P.C. Professional Services Page 4 of to CONTRACT FOR PROFESSIONAL SERVICES On this day of April 2005, the City of Fayetteville and the law firm of Cross, Gunter, Witherspoon & Galchus, P.C. agree to the following terms and conditions of this contract for professional labor law services: 1 . The City of Fayetteville selected Cross, Gunter, Witherspoon & Galchus, P.C. through a professional selection committee process to provide legal services on labor law issues, including defending the City in litigation of labor law issues and consulting with the City on labor law issues. 2. The City of Fayetteville agrees to pay and Cross, Gunter, Witherspoon & Galchus, P.C. agrees to accept the normal hourly rate of the attorneys, law clerks and paralegals of Cross, Gunter, Witherspoon & Galchus, P.C. as outlined in its letter of April 12, 2005 to Michele Bechhold (attached as Exhibit "A"). 3. Cross, Gunter, Witherspoon & Galchus, P.C. agrees to submit an itemized monthly statement of services rendered to the City including: description of services rendered, attorney performing the service, hours (to the tenth of an hour) for each such service, and out-of-pocket disbursements. 4. The initially authorized amount of budget for these services is $20,000.00. Cross, Gunter, Witherspoon & Galchus, P.C. agrees not to bill for any services or expenses that would exceed $20,000.00 without prior approval of the Fayetteville City Council. 5. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Cross, Gunter, Witherspoon & Galchus, P.C. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25- 19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 6. Cross, Gunter, Witherspoon & Galchus, P.C. agrees to enter its appearance for and represent the City of Fayetteville in Peter T. Reagan, et al v. City of Fayetteville, Case No. 05-5045, Federal District Court in a timely, professional and competent manner and continue such professionally competent representation until the case is resolved, the City of Fayetteville discharges Cross, Gunter, Witherspoon & Galchus, P.C. and substitutes another counsel for lead A. 13 Cross, Gunter, Witherspoon & Galchus, P.C. Professional Services Page 5 of 10 counsel, the City of Fayetteville fails or refuses to pay a proper legal services bill according to this contract, or the City of Fayetteville fails to budget additional funds if the $20,000.00 initial budget is exhausted. 7. The City of Fayetteville agrees to cooperate and assist Cross, Gunter, Witherspoon & Galchus, P.C. during this litigation and the Department of Labor's supervised settlement. Cross, Gunter, Witherspoon & Galchus, P.C. agrees to competently defend and advise the City and to keep the City of Fayetteville regularly and adequately informed of the progress of the litigation, supervised settlement, audit of employee pay practices, etc. 8. The City of Fayetteville retains the right to select its own counsel at all times and may discharge Cross, Gunter, Witherspoon & Galchus, P.C. upon written notice, but shall be responsible to pay for all legal services and related expenses of Cross, Gunter, Witherspoon & Galchus, P.C. up to that point. Once payment for all such legal services and expenses has been made, the contents of all files compiled in relation to the City of Fayetteville shall become City property and shall be forwarded to the City without further charge. Cross, Gunter, Witherspoon & Galchus, P.C. may maintain its own copy of all such files turned over to the City. 8. The jurisdiction and venue for any dispute between the parties shall be Washington County Circuit Court. In agreement with all the above terms the City of Fayetteville by Mayor Dan Coody and Cross, Gunter, Witherspoon & Galchus, P.C. by Donna Smith Galchus sign their names below. CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. CITY OF FAYETTEVILLE By: By: DONNA SMITH GALCHUS DAN COODY Mayor Attest: Title Sondra Smith, City Clerk A. 13 Cross, Gunter, Witherspoon & Galchus, P.C. Professional Services CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. Page 6 of 10 ATTORNEYS AT LAW LITTLE ROCK/FORT SMITH/FAYEITEVILLE J. Bruce Cross Russell Gunter (') www.cgwg.com David B. Vandergrifr IM 101 West Mountain Drive, Suite 200 Carolyn B. Witherspoon Fayetteville, AR 72701 Donna Smith Galchus Telephone (479) 443-6978 Benjamin H. Shipley, III t Fax (479) 443-7697 Scotty Shively M. Stephen Bingham Allen C. Dobson Richard A. Roderick Mark T. McCarty Annamary Dougherty Susan Keller Kendall" Melissa McJunkins Duke Brian A. Vandiver r Resident in Fort Smith Office Andrew B. Faulkner Resident in Northwest Arkansas (Fayetteville) James Thomas Keet 1'/ Member of Arkansas and Texas Bars Brendon W. Lacy All Other: Arkansas Bar Danns J. Young April 12, 2005 Michele Bechhold City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Labor and Employment Legal Services Dear Michele: We are pleased that you have selected Cross, Gunter, Witherspoon & Galchus, P.C., to advise the City of miscellaneous labor and employment matters as needed and to represent the City in the most recent action brought pursuant to the Fair Labor Standards Act. We will submit to you monthly statements, which itemize the time expended on your behalf, a description of the services rendered, and the attorney performing the services. Each statement will also request reimbursement of any actual out-of-pocket disbursements, such as photocopies, expended by this firm in connection with our representation. Payment of our statement is due within thirty (30) days. My rate is $ 145 per hour. Donna Galchus, a director in our Little Rock office will also be working on these matters. Donna's hourly rate is $ 220 per hour. On occasion, the assistance of another attorney from our firm may be needed, and their rates vary from $ 120-$270 per hour for 2005. As is our custom, we will attempt, to the extent possible, to use paralegals and law clerks for items, which would appear not to require our attention. Our law firm reviews the rates for each of its attorneys at the beginning of each year and adjusts those rates as appropriate. Thus, any services rendered after the beginning of each year may reflect an increase in rates. We reserve the right to withdraw from this engagement upon reasonable notice to you when any fees or expenses are past due or in other appropriate circumstances. A. 13 Cross, Gunter, Witherspoon 8 Galchus, P.C. Professional services April 12, 2005 Page 7 of 10 Pape 2 We look forward to assisting City in this matter. If you have any questions concerning the terms and conditions, please contact me. Sincerely, Susan Keller Kendall • A. 13 Cross, Gunter, Witherspoon & Galchus, P.C. Professional services Page 8 of 10 City of Fayetteville Staff Review Form City Council Agenda Items Contracts 19-Apr-05 City Council Meeting Date Michele Bechhold Human Resources Finance & Internal Services Submitted By Division Department Action Required: To approve a professional services agreement with Cross, Gunter, Witherspoon & Galchus for a not-to-exceed amount of $20,000.00 for legal services. $20,000.00 $ 260,349.00 Services & Charges Cost of this request Category/Project Budget (2005) Program Category / Project Name 1010.1210.5314.01 $ 77,000.00 Human Resources Account Number Funds Used to Date Program / Project Category Name _ $ 183,349.00 General Fund Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached u / Previous Ordinance or Resolution # Z -66 Original Contract Date: Departmentbirector Date u Original Contract Number: J Received in City Clerk's Office City AtL4� Date / n f' Received in Mayor's Office O Mayor �- ' Date Comments: A 11 m o m m v m m Crops, Gurr, Wt�Jerspgor 9 jAll s, . Prqt al Service ge9of1 Y UT 12 a m m N + 4 o � � m � - Z :m m r m E; or ^ • o ;:•,.� `° fid't, N ,! J n fie` ' :� Mal o � C: CN o A 0-n c m m 0 < Sml Y° o =1V CD N N N N N N N N N N i d ': 0 0 o e o 0 0 0 0 0 .L.,.o;r n mr. p 0 , 0 O N 0 : N T r c o � 1 . 8 A iMs4 m. .in;.1� N J 1 � I' r �+ y m 1A'^ or 'ice44 .41 r+1 N � fx °rsn ixstiv Wrk� L { m Y.lmi �. a x w d m y d E r e ? �C r�f',o,. oQQ to f m4 c 6 m S ,• c :n • . ... m J t d x Ix O O O C J •m• O . • G C O N m N � m m m X m n I z � O Y x A. 13 Cross, Gunter, Witherspoon & Galchus, P.C. Professional Services Page 10 of 10 B. 1 Amend Capter 96: Noise Control Page 1 of 2 Sound Level in Fayetteville, AR dB(A) Speed Limit 35 Speed mph or Limit Over Stationary Less 35 mph Run-up Motor carrier vehicle engaged in interstate commerce of GVWR or GCWR or 10,000 lbs. of more 92 96 94 Any other motor vehicle or any combination of vehicles towed by any such motor vehicles 78 78 78 Motorcycles 78 78 78 Sound Level in EI Paso, TX dB(A) Speed Limit 35 Speed mph or Limit Over Stationary Less 35 mph Run-up Motor carrier vehicle engaged in interstate commerce of GVWR or GCWR or 10,000 lbs. of more 86 90 88 All other motor vehicles of GVWR or GCWR i' of 10,000 lbs. or more 70 79 Any motorcycle 78 82 Any motor vehicle or any combination or vehicles towed by any motor vehicle 70 79 Sound Level in Kirkwood, NY dB(A) Speed Limit 35 Speed mph or Limit Over Stationary Less 35 mph Run-up Motor carrier vehicle engaged in interstate commerce of GVWR or GCWR or 10,000 lbs. of more 86 90 88 All other motor vehicles of GVWR or GCWR of 10,000 lbs. or more 82 86 Any motorcycle 82 86 Any motor vehicle or any combination or vehicles towed by any motor vehicle 76 80 Sound Level in ICrystal Falls, MI dB(A) Aldermen ,yttr Ward I Position I - Robert Reynolds Mayor Dan Coady + Ward I Position 2 - Brenda Thiel Cil Attorney Kit Williams Taye Ward 2 Position I - Kyle U. Cook y y Ward 2 Position 2 - Don Marr Cil Clerk Sondra Smith Ward 3 Position I - Robert K. Rhoads y y1lie Ward 3 Position 2 — Bobby Ferrell ARNSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Tentative Agenda City of Fayetteville Arkansas City Council Meeting April 19, 2005 A meeting of the Fayetteville City Council will be held on April 19, 2005 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. CONSENT: 1 . Approval of the Minutes: Approval of the March 15, 2005 and the April 5, 2005 City Council meeting minutes. 2. City of Goshen Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of Goshen, Arkansas to provide animal sheltering services to the City of Goshen for 2005. 3. City of Farmington Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of Farmington, Arkansas to provide animal sheltering services to the City of Farmington for 2005. 4. City of Winslow Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of Winslow, Arkansas to provide animal sheltering services to the City of Winslow for 2005. 5. City of West Fork Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of West Fork, Arkansas to provide animal sheltering services for 2005. 6. City of Tontitown Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of Tontitown, Arkansas to provide animal sheltering services to the City of Tontitown for 2005. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayelteville.org 7. Washington County Inter-Local Agreement: A resolution approving an Inter-Local Agreement between the City of Fayetteville, Arkansas and Washington County, Arkansas to provide animal sheltering services to Washington County for 2005. 8. ADEQ & Boston Mountain Solid Waste District Grants: A resolution authorizing the Fayetteville Solid Waste and Recycling Division to accept two grants totaling $38,389.00 from the Arkansas Department of Environmental Quality (ADEQ) and the Boston Mountain Solid Waste District for the purchase of a wire tie system and repairs to the bailer; approving a Budget Adjustment to recognize the grant revenue; and awarding Bid 05-27 to Downing Sales & Service, Inc. 9. Disc Mower Conditioner Purchase: A resolution approving the purchase of one ( 1 ) Disc Mower Conditioner from Williams Tractor Co. in the amount of $ 14,699.00 for use by OMI. - 10. Hay Baler Purchase: A resolution approving the purchase of one ( 1 ) Large Square Hay Baler from Williams Tractor Co. in the amount of $54,949.00 for use by OMI. 11 . Off-Street Parking Appointment: A resolution approving the appointment of Rick Woods to the Board of Off-Street Parking Development District No. 1 in accordance with A.C.A. § 14-88-304. 12. Jail Services Inter-Local Agreement: A resolution adopting an Addendum to the Inter- Local Agreement for Jail Services between the City of Fayetteville, Arkansas, and Washington County, Arkansas. B. UNFINISHED BUSINESS: 1. Amend Chapter 96: Noise Control: An ordinance to add §96.09 to the Code of Fayetteville to restrict the use of a compression release engine brake or "Jake Brake." This ordinance was left on the first reading at the April 5, 2005 City Council Meeting. C. NEW BUSINESS: 1 . RZN 05-1409 (SCB Investments, LLC): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1409 for property located at 1841 Leverett Avenue containing approximately 1 .43 acres from RSF-4, Residential Single Family, Four Units Per Acre, to RMF-24, Residential Multi-Family — 24 Units Per Acre. 2. RZN 05-1412 (Mountain Ranch/Terminella): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1412 for property located south of Future Persimmon Street containing approximately 21 .05 acres from R-A, Residential Agricultural, to RSF-4, Residential Single Family, Four Units Per Acre. 3. RZN 05-1413 (Jones): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1413 for property located at 2468 N. Crossover Rd. (The NE corner of Crossover & Township) containing approximately 4.77 acres, from R-A, Residential Agricultural to RSF-2, Residential Single-Family 2 Units/Acre. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetievil le.org D. INFORMATIONAL: Council Tour: April 18, 2005 — 4:30 pm 113 West Mountain 72701 (479) 521 -7700 (479) 575-9257 (fax) accessfayettevi I I e.o rg A. 2 City of Goshen Inter-Local Agreement Page 1 of 12 aye epi le AaKAN5A5 MEMORANDUM TO: City Council Members � /� FROM: Jill Hatfield, Animal Services Superintendent/_/�J`� DATE: April 1 , 2005 (/ RE: Supplemental Information regarding Inter-Local Sheltering Contracts Y The City of Fayetteville Animal Services has offered inter-local sheltering contracts to surrounding municipalities since 1995. In 2000 six cities contracted with Fayetteville for sheltering of their stray and surrendered animals. Each contract was for a 12 month period from January through December. The contract fee for these cities was $61 per animal, invoiced each month according to the amount of animals brought in the previous year. Washington County was given a contract in 2001 to expire in 2004. The contract fee was $36 per animal. The county was billed on a monthly basis for the current year. In 2004, Fayetteville Animal Services met with the county animal advisory committee and communicated that an increase in sheltering fees would occur in the next year due to increased sheltering costs. In June 2004, the county agreed to pay $50 per animal, but not to exceed $2,535 per month for sheltering until 2005 . Two municipalities, Lincoln and Prairie Grove had contracts designated for euthanasia services only provided by Fayetteville from the year 2000 to 2004. The two cities paid $ 10 per animal. This fee no longer covers the cost of incineration and does not take into account the time of a euthanasia technician and caretaker, nor does it cover the cost of syringes and euthanasia solution. Due to all contracts expiring in 2004, the decision was made to offer the same consistent sheltering services to Washington County and above mentioned municipalities. Communications were made with the cities to inform them an increase in fees was to be expected. The following is the amount of animals sheltered from the above named and the cost incurred at a rate of $75 per animal. 1 A. 2 City of Goshen Inter-Local Agreement Page 2 of 12 ye ev le NSA Municipality Number of Animals Fee per year/month Elm Springs 8 $600/$50 Farmington 195 $14,625/$12218.75 Goshen 11 $825/$68.75 Greenland 7 $525/$43.75 Lincoln 122 $9,150/$762.50 Prairie Grove 174 $137050/$1,087.50 Tontitown 12 $900/$75 Washington County 820 $612500/$5,125 West Fork 92 $6,900/$575 Winslow 8 $600/$50 Total: 10 12449 $1087675/$97056.25 The above amounts are based on 2004 numbers. The decision to no longer offer euthanasia service only contracts was made due to the high stress level placed on the shelter staff. If an animal brought in by those two municipalities was highly adoptable, the decision to place the animal up for adoption was not for the shelter staff to make. Concerning this highly skilled and stressful task, it was not humane to euthanize an animal sure to get a home, nor demand the staff to perform such duty. I have attached a few articles explaining this task and the issues surrounding the complex function shelter employees must face each day in a sometimes hostile environment. The fee of $75 was figured by taking the 2004 shelter program costs and dividing it by the number of animals taken in by the shelter. This cost includes the Shelter program only; it does not include the Emergency/Patrol program or the Veterinarian/Clinic program budgets. The following is the breakdown of costs: Personnel $2649460 Materials/Supplies $ 37,335 Services/Utilities $ 48,526 Maintenance $ 35,306 Total $385,627 Divided by total number of animals sheltered 5,091 for 2004 is $75.74 spent per animal. Offering these contracts does not provide revenue for the Animal Services Division; it is not only the animals that we must care for, but also the city's citizens. Animal Services 2 A. 2 City of Goshen Inter-Local Agreement Page 3 of 12 ye le AIS staff field phone calls from these city's citizens along with spending time explaining the process, educating, and gathering information when they surrender an animal to the shelter. This takes time and kennel space away from the citizens of Fayetteville and Fayetteville animals. Offering these contracts to the municipalities who do not have sheltering facilities is a humane approach to the overpopulation problem and ensures the animals are given excellent care and humane treatment. To help in the battle of pet overpopulation, all municipalities in Washington County.and the citizens of Fayetteville should be encouraged to utilize the county's free low income spay/neuter program and Fayetteville's $10 low income spay/neuter service. These services should be emphasized to decrease the amount of homeless animals needing to be sheltered. Enclosures cc: Mayor Coody Chief Johnson Capt. Tabor Capt. Yates Judy Cohea 3 A. 2 City of Goshen Inter-Local Agreement Page 4 of 12 RESOLUTION NO. A RESOLUTION APPROVING AN INTER-LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY , OF GOSHEN, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF GOSHEN FOR 2005. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves an Inter-Local Agreement between the City of Fayetteville, Arkansas and the City of Goshen, Arkansas to provide animal sheltering services to the City of Goshen for 2005. A copy of the agreement, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor and City Clerk to execute the Inter L ) al Agreement with the City of Goshen, Arkansas. PASSED and APPROVED this 19th day of April 200 f '3 >' APPR D ODY, Maa „t• n k Byn.. � NDRA;� I ity i A. 2 - Cit oshen Inter-Loc .gpp��aefent 63 of 12 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYEI'17EVILLE, ARKANSAS AND CITY OF GOSHEN, ARKANSAS THIS AGREEMENT is entered into this I q 4-h r day of t —bruarY 2005 . by and between the CITY OF FAYE TEVILLE, and the CITY OF GOSHEN, ARKANSAS, concerning the provision of animal sheltering services; WHEREAS, A.C.A. § 25-20-108, Interlocal Cooperation Act, authorizes public entities to enter into agreements to provide governmental services to the . mutual benefit of each entity; and WHEREAS, effective animal control is of mutual interest to the City of Fayetteville and City of Goshen; and WHEREAS, the City of Fayetteville possesses the necessary facilities to provide animal sheltering services to City of Goshen. NOW, THEREFORE, IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: Article I The City of Fayetteville agrees to provide sheltering services for animals delivered to its shelter, located at 1640 Armstrong Avenue, in the City of Fayetteville, by Goshen citizens and designated animal control officers. Article 11 The City of Goshen agrees to comply with the Fayetteville Animal Shelter's Operating Policy during the term of this Agreement, and understands that the City of Fayetteville may terminate this agreement for noncompliance. Article III The City of Goshen agrees to pay an annual sheltering services fee of Eight Hundred Twenty-Five dollars ($825) to the City of Fayetteville in the form of twelve . (12)' monthly payments of Sixty-Eight dollars and Seventy-Five cents. ($68.75). Payment shall be due on or before the first day of each month The annual sheltering services fee shall be based upon the total number of animals delivered to the shelter by Goshen citizens and designated animal control officers during the previous year. n . Cityot Goshen . Inter-Local Agreement Page 6 of 12 . . Article IV This agreement shall remain in effect until midnight December 31, 2005. Article V The City of Fayetteville agrees to provide assistance to the City of Goshen in the form of minor medical treatment while a shelter veterinarian is on staff, the drafting of animal control ordinances, educational programming, professional consultation regarding animal control matters, and in all other areas necessary and proper to effectuate the highest level of cooperation between the two cities. Article VI Both Cities acknowledge the existence of a county .wide animals sheltering agreement between the City of Fayetteville and Washington County, but which currently excludes the corporate boundaries of any incorporated cities. The Cities agree that this, Agreement shall automatically terminate in the event that the City of Goshen enters into an animal sheltering services agreement with Washington County, Arkansas. In any event, either City shall have the right to terminate this Agreement upon Thirty (30) days written notice to the other. Article VII Neither City may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other. Article VIII This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Article IX Each paragraph of this Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect Article X The City of Goshen shall hold harmless the City of Fayetteville from any and all claims or liabilities arising from the performance of this Agreement, provided . .. .. :. _ . . .. . . .. . . . .: : c ity of Gosliien Inter-Local Agreement Page 7 of 12 that nothing in this Agreement shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville or the City of Goshen under the Constitution and Statutes of the State of Arkansas. Article XI It is agreed that the failure of any party to invoke any of the available remedies under this Agreement or under law in the event of one or more breaches or defaults by any party under the Agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any future breach or default. Article XII This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terns of this Agreement shall be valid unless made in writing and signed by the duly authorized agents of the parties, after an affirmative vote of a majority of each city's governing body. IN WITNESS WHEREOF, the City of Fayetteville and the City of Goshen have executed this Agreement on or as of the date first written above. . '1 9000 �`\F'�. 000 rep CITY O FAYETTEVILLE, ARKANSAS ; FAYETTEviLLE ; 3 `L'• q p5:�i a DAIN COODY, Mayor y�'KANSG�J ATTEST. w'"d Ail V00 SO RA SMITH, City. Clerk CITY OF GOSHEN, SAS i!dRK 14 ANDY B HEL, Mayor ATTEST- EARA FERGGU ON,, Got e5 lr 72�C Dt'C� P r�Tf�Efl SJYY r ---- City of Goshen Inter-Local Agreement Page 8 of 12 MINUTES GOSHEN CITY COUNCIL January 11 , 2005 CALL TO ORDER: Mayor Andy Bethell was absent, therefore, the meeting was called to order at 6:40 p.m. by Sharon Baggett at Goshen City Hall. ROLL CALL AND DECLARATION OF QUORUM: Joe Benson, Jamie Boyd, Chuck Huskey, John Meek, and Dick Seddon were present and a quorum was declared_ Max Poye was absent. Charles Harwell, City Attorney, was also present. APPROVAL OF AGENDA: James Royal was absent, so the Building Inspector report and discussion on building permit fees for accessory buildings were removed from the Agenda. Also removed was discussion on bids for trash service, expansion of city hall, and appointment of City Recorderrrreasurer. Added to the Agenda was a proposed Resolution supporting exploration of building and operating a county-wide animal shelter. A motion was made by Dick Seddon, with a second by Joe Benson, to approve the amended Agenda. All voted in favor and the motion carried. APPROVAL OF MINUTES: A motion was made by Joe Benson, with a second by Dick Seddon, to approve the December 14, 2004 and January 6, 2005 minutes. All voted in favor and the motion carried. FINANCIAL REPORTS: Sharon Baggett presented the Financial Reports for December, 2004. She reported that the balances were $99,176.60 in the General Fund and $28,083.77 in the Street Fund. Also distributed were statements reflecting the balances of the four Certificates of Deposit There was a motion by Joe Benson, with a second by Dick Seddon, to approve the Financial Reports. All voted in favor and the motion carried. Dick Seddon stated that one of the CD's would be maturing and he would check rates offered by financial institutions and report back at the next Council meeting. PLANNING COMMISSION REPORT: Jeff Clardy, Chairman, stated that he had nothing to report In response to an inquiry by Dick Seddon, Jeff Clardy stated that there had been two new preliminary subdivision plats submitted to the Planning Commission. Jeff Clardy also stated that he had attempted to make contact with the Fayetteville Water Department about fire hydrants for subdivisions, and Joe Benson asked him to brief the Council when he was able to get answers about this issue. WRITTEN REPORT FROM MARSHAL: Jay Baseler presented a report to the Council. He stated that there had been problems with mailboxes being bashed on Oxford Bend Road and Wilson Lane and asked that citizens forward any leads on suspects to him. He stated that he had ordered the new rifle which had been approved in the 2004 budget by the Council. Joe Benson asked if the new computer which had also been approved in the 2004 budget by the Council had been ordered. _ It was reported that the computer had not as yet, but would be, ordered for the Marshal's office. ORDINANCE ADDRESSING EXCLUSIVE TRASH SERVICES: Chades Harwell explained this proposed Ordinance granting exclusive trash service to a particular company, from which the City would gamer a franchise fee. He distributed copies of the proposed Ordinance and explained that some of the items were left blank. There was discussion about having an overlap to provide for those citizens who might have prepaid for their service with another company. Also discussed was who would be responsible for billing. P.J. Milstead from Roll Off Services was present and suggested that he would like to see every citizen be required to sign up for the trash service and for the City to bill them because of recourse in collections. Charles Harwell asked the Council to A. 2 . .:..::::-.`.. . � . 'CltyafGoshen ' Inter-Local Agreement Page 9 of 12 review the proposed Ordinance and provide him with feedback, and it was agreed that this Ordinance should be discussed at the next meeting. ORDINANCE ADOPTING RULES GOVERNING UNSANITARY, UNSIGHTLY, UNSAFE CONDITIONS ON PRIVATE PROPERTY: Charles Harwell read the proposed Ordinance. Dick Seddon asked about the definition of rubbish be more cleady defined and made a motion to amend that definition. John Meek seconded the motion. All voted in favor and the wording was amended. After some discussion, a motion was made by Joe Benson, with a second by Dick Seddon, to suspend the rules and dispense with the second and third reading of the Ordinance. All voted in favor and the motion carried. Joe Benson made a motion, with a second by Dick Seddon, to adopt the amended Ordinance. All voted in favor and the motion carried. A motion was made by Joe Benson, with a second by Dick Seddon, to enact the emergency clause and for the Ordinance to be given immediate effect. All voted in favor and the motion carried. COMMERCIAL DESIGN STANDARDS: Dick Seddon gave an oral report on his stringent recommendations for commercial design standards. He stated that he would like to see these . standards established so that commercial buildings constructed or remodeled in the future would be required to adhere to these regulations. He stated that this would prevent any substandard buildings from being built and would protect the comprehensive plan of keeping Goshen an attractive city. Dick Seddon stated that he would forward these recommendations to the Planning Commission to address and bring their suggestions back to the Council. APPOINTMENT OF CITY RECORDERlTREASURER: The Council was reminded about the special meeting on January 17, 2005 at 5:30 p.m. to appoint a new City Recorderrrreasurer. 2005 BUDGET: The proposed budget for 2005 was presented by Sharon Baggett. There was discussion concerning equipment and supplies for the Marshal's office, and it was agreed this should be a combined figure of $3,000: Also, the part-time secretary position was eliminated from the budget and $30,000 was designated for the Recorder/Treasurer position. For the Street Fund, $1,500 was allotted for Salsbury Road and general street repair was reduced to $13,500. A motion was made by Joe Benson, with a second by Dick Seddon, to approve the amended Budget for 2005. All voted in favor and the motion carried. ANIMAL CONTROL: Sharon Baggett explained that the City had received an Interfocal Agreement between Fayetteville and Goshen for the City of Fayetteville to provide sheltering services for animals delivered to its shelter during 2005. She stated that the cost had gone up from the previous year to $75 per animal: She further explained that the City had just this week received a letter from Washington County Animal Concerns Advisory Board, a copy of which was distributed to the Council. This tefter was to area mayors asking them to adopt a Resolution showing support by encouraging the Quorum Court to construct an animal shelter to service the needs of surrounding cities, including Goshen. After some discussion, a motion was made by .. Joe Benson to approve the Interlocal Agreement for 2005 between Fayetteville and Goshen. All voted in favor and the motion carried. Joe Benson made a motion, with a second by Dick Seddon, to approve the Resolution supporting exploration of the concept of building and . operating a county-wide animal shelter. All voted in favor and the motion carried. PUBLIC INPUT: There was no public input from the audience. . RECORDERrrREASURER: Sharon Baggett stated that this was her last Council meeting, after having served in the position of Recorder/Treasurer for 2 Y: years. She stated that she had enjoyed working with the Council and for the citizens of Goshen. A motion was made by Joe Benson, with a second by Dick Seddon, to pass a Resolution recognizing Sharon Baggett for her hard word and service to the community. All voted in favor and the motion carried. 2 . . . . .. .. _ .... _.... . . _ ___..-..... ._... _. . . . .. ... . .. . A. 2 ' City hFGosheii - . Inter-Local Agreement Page 10 of 12 ADJOURNMENT: There being no further business, a motion was made by John Meek, with a second by Chuck Huskey, to adjourn the meeting. All voted in favor and the meeting adjourned at 8:00 P.M. '/ I Sharbh Baggett Vp Andy Beth RecordeNTreasure Mayor a. 3