HomeMy WebLinkAbout2006-12-19 Minutes•
Mayor Dan Coody
City Attorney Kit Williams
City Clerk Sondra Smith
•
City of Fayetteville Arkansas
City Council Meeting Minutes
December 19, 2006
City Council Meeting Minutes
December 19, 2006
Page I of 41
Aldermen
Ward I Position I - Robert Reynolds
Ward I Position 2 - Brenda Thiel
Ward 2 Position I - Kyle B. Cook
C Ward 2 Position 2 —Nancy Gordon Allen
Ward 3 Position I - Robert K. Rhoads
Ward 3 Position 2 — Robert Ferrell
Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
A meeting of the Fayetteville City Council was held on December 19, 2006 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Coody called the meeting to order.
PRESENT: Alderman Reynolds, Thiel, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor Dan
Coody City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Alderman Cook
Pledge of Allegiance
Fayetteville Public Library Board of Trustees Recommendation
Mayor Coody recommended Don Marr be appointed to the Fayetteville Public Library
Board of Trustees.
Nominating Committee Report
Alderman Thiel gave the Nominating Committee Report. A copy of the report is attached.
Alderman Thiel moved to approve the Nominating Committee Report. Alderman Jordan
seconded the motion. Upon roll call the motion passed 7-0. Alderman Cook was absent.
Alderman Thiel moved to approve the Housing Authority's appointment of Mark Kinion
• to the Fayetteville Housing Authority and Mayor Coody's appointment of Don Marr to the
Library Board of Trustees. Alderman Jordan seconded the motion. Upon roll call the
motion passed 7-0. Alderman Cook was absent.
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Alderman Thiel moved to add the Frank Sharp
Conservation
Easement to the Agenda and
moved Item # 9 under New
Business to Item #
I under New
Business. Alderman Jordan •
seconded the motion. Upon
roll call the motion
passed 7-0. Alderman
Cook was absent.
The following item was added to the agenda.
Frank Sharp
Conservation
Easement: A resolution accepting a Perpetual Conservation
Easement from
Frank Sharp as
Trustee of the Sharpridge
Trust of an approximately twenty (20)
acre significant
natural area on
behalf of the people of the
City of Fayetteville, Arkansas.
Mayor Coody: Frank Sharp has generously worked with us to dedicate 20 acres of beautiful
land to the City of Fayetteville through a conservation easement program. This is going to be
used for a trail corridor. I hope this begins a process of other people donating trail corridors and
other special pieces of land to the City in this new process. There are some benefits to the land
owners that take advantage of this program and also it's a benefit to the City and its citizens as
well. I want to thank Frank for his patience in working with us to set this program in place to
where not only he can take advantage of it and do some very good work for the City but others
can follow in his steps and do the same thing with other pieces of land that they might want to
see come in to the public domain.
Alderman Jordan moved to approve the resolution. Alderman Ferrell seconded the
motion. Upon roll call the resolution passed 7-0. Alderman Cook was absent. •
Resolution 210-06 as Recorded in the Office of the City Clerk.
CONSENT:
Approval of the November 21, 2006 City Council minutes and the November 28, 2006
Special City Council meeting minutes.
Approved
IBM AS400 Records Management System Server: A resolution approving the purchase of a
replacement IBM AS400 Records Management System Server via the State of Arkansas
Purchasing Contract in the amount of $93,908 for the Fayetteville Police Department.
Resolution 211-06 as Recorded in the Office of the City Clerk.
T -G Excavating, Inc: A resolution approving Change Order No. 2 to the construction contract
with T -G Excavating, Inc. in the amount of $247,686.30 for sanitary sewer main replacement
and rehabilitation in the vicinity of North College Avenue and Davidson Street.
Resolution 212-06 as Recorded in the Office of the City Clerk.
•
Garver Engineering, Inc: A resolution approving an amendment to the contract with Garver
Engineers, LLC in the amount of $999,857 for Construction Phase Services associated with
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December 19, 2006
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construction
of the east
side lines and
lift stations of the Wastewater
System
Improvements
• Project;
and
approving a
contingency in
the amount of
$40,000.
Resolution 213-06 as Recorded in the Office of the City Clerk.
Document Retention Schedule: A resolution to adopt the Document Retention Schedule, to
authorize the City Clerk to destroy documents older than this retention schedule and to adjust the
document retention schedule to comply with changes in state law.
Resolution 214-06 as Recorded in the Office of the City Clerk.
Alderman Jordan moved to approve the Consent Agenda as read. Alderman Lucas
seconded the motion. Upon roll call the motion passed 7-0. Alderman Cook was absent.
PUBLIC HEARINGS:
Mayor Coody Opened the Public Hearing
Revoke Permit for Casa Torres: A
resolution
to revoke the license
of Miguel Torres d/b/a/
Casa Torres to sell alcoholic beverages
within the
City of Fayetteville.
to have
• Captain Brown with the Police Department gave a brief description of why the Council
should consider revoking Casa Torres's license. He stated that there have been various
violations. He went over the criminal reports concerning Casa Torres and stated that the owner
was found guilty of five criminal citations. He also stated that Casa Torres has not paid any
liquor HMR taxes since April 2005. He went on to describe other violations that have occurred.
Alderman
Reynolds
asked
if
they had a City privilege license and if all restaurants that serve
alcohol are
supposed
to have
a
license.
Captain Brown: Yes sir. There is a beer and wine and then also liquor.
Alderman Reynolds: Who patrols that to make sure that the restaurants are serving alcohol has
that privilege license on the wall?
Captain Brown: I
don't
know who does
it on a
pro -active basis.
If we have a complaint then
we will go check it.
We
do not proactively
patrol
for that.
Alderman Reynolds: I would like to see the Police Department actively patrol the restaurants
in and out the door and make sure that they have their ABC permit and their privilege license on
the wall because there are some in town that do not have a privilege license.
• Sergeant Harter: I can attest to that. Shelly Turberville's office coordinates with my office and
we make sure that everyone has renewed, if they haven't we have commonly written citations for
non -renewal of the City license.
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Captain Brown: So that would be complaint driven. We don't actually go out and look. But •
once we are notified of a violation we will go out and check.
City Attorney Kit Williams asked Captain Brown if he could explain the most recent incident
there so that the public will know why this was brought to the City Council's attention.
Captain Brown: The most recent incident is still under investigation which involved a shooting
and that particular incident happened at a time in which that business should've been closed.
That is what brought it back to light. To me this is not like a couple of minors slipped through
and were served alcohol, this is repeated violations and they are knowingly violating these
things.
City Attorney Kit Williams: Do you know the status of their state alcohol permit?
Captain Brown: I do not. Alcohol Beverage Control might have an answer to that question.
Mr. Robinson from the Alcohol Beverage Control: Currently the State Permit is active. It has
been my understanding through conversation with the owners that they intend on possibly
canceling that permit which they would have to send a cancellation letter to the state in Little
Rock. It is currently active and valid until they do so. There are violations pending through our
office but it is current at this time until they decide to put in a cancellation or the Administrative
Director actually cancels or revokes that permit.
Alderman Ferrell: Could you give me an example of a case of what it takes for you all to •
suspend somebody's license?
Mr.
Robinson: When we have a violation 1 go
in, determine the
violation, write
it up and I send
it to
Little Rock and the director there and the on staff attorneys
review the violations. They are
the ones that determine any type of suspensions
or revocations or
anything of that
nature.
Alderman Reynolds: With the amount of violations that this business has, if we pulled their
license they are not allowed to operate correct?
Mr. Robinson: As far as a city privilege license for alcohol if they don't have that it would
mean the City would be able to fine them for any alcohol operation within the City of
Fayetteville. As far as the state permit, it is different. They can hold the state permit but if they
can't operate within the City then it's going to be a bad reflection and they are not going to be
able to operate.
Alderman Reynolds: I just wanted to make sure that if we act that the State is going to act and
we are going to get something done with this.
Mr. Robinson: Right now violations are pending that I have currently written up for this last
incident and I have been in conversation with the owners and let them know that they are
pending at this time and as soon as it comes down to me as an offer of settlement I will go over
them at that time. •
Alderman Reynolds: Are you a new agent or are you in addition to Mr. Jones?
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• Mr. Robinson: I am, I just started up here around mid October and will be working this area in
Washington County. 1 am more than happy to cooperate in any way as far as the State is
concerned.
Alderman Rhoads: How did we give notice of this public hearing?
Captain Brown:
A letter was hand
delivered by Sergeant Harter to Mr.
Torres on the 61h day of
December at 3:40
PM notifying him
of this hearing.
notified of our
Alderman Rhoads: Kit, how do we give the public notice of this hearing?
City Attorney Kit Williams: Obviously our agenda is published in the paper prior to the
meetings and of course as you are all aware there have been numerous articles on it, no other
official notification that I am aware of.
Alderman Rhoads: Isn't there a Spanish speaking newspaper circulated in northwest Arkansas?
I am just wondering if we published this where Latinos can read the notice and be here to speak.
City Clerk Sondra Smith:
Our agenda does go out
to several different people
on the agenda
list, a lot of the radios and
even the Spanish stations
in northwest Arkansas are
notified of our
agenda every time we send an agenda out.
. Alderman Rhoads: Including this public notice?
City Clerk Sondra Smith: It's on the agenda.
Claire Whisman, a resident a few blocks from Casa Torres stated that she was in favor of
revoking their city permit. We live in an area which has always been bordered by the major
commercial area of College Avenue but none of the rest of our College Avenue neighbors have
this kind of problem with the Police and that kind of thing. There are also two schools that are
within about three blocks of the establishment. 1 would be in favor of revoking their license.
Susan Pittman, a resident of less than half a mile from Casa Torres stated that on numerous
occasions between the hours of 1:00 or 4:00 AM there is music and the bass coming through the
house where it wakes up the family. So I just wanted to come here today and say that we have
experienced some disruption from the music. It seemed very rarely was the restaurant ever open.
Lisa Thompson, a resident of the area stated that she has three children still in the home. We do
expect the commercial enterprises to be good neighbors and Casa Torres has not been a good
neighbor. I think you should revoke their license.
Alderman Reynolds: I know there are two schools close to this business but you've got to think
about right next door to this is a children's restaurant McDonalds. Right behind it we have a city
park and with guns going off we don't need that. I hope that we act firmly on this.
• Alderman Allen displayed posters from the restaurant which listed the times the establishment
was open. She stated this place does not belong in a neighborhood and I wanted to make a
special point of it since this is near my neighbors.
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Alderman Rhoads: Is the owner of the establishment here or is anyone going to speak on their •
behalf. Does he understand what is about to happen?
Miguel Torres, the owner: Yes.
Alderman Rhoads: What does he have to say about it?
Translator for Miguel Torres: He says that he is going to move out from there as soon as
possible and he already gave the keys and everything to the landlord so he won't have any
business in there any more.
Alderman Rhoads: So he is not protesting the potential revocation.
Translator for Miguel Torres: No, he already turned the permits back to you guys. He told me
that we have to write a letter and send it to Little Rock with the permit and that's it. We are not
fighting about it.
Alderman Reynolds moved to approve the resolution. Alderman Jordan seconded the
motion. Upon roll call the resolution passed 7-0. Alderman Cook was absent.
Resolution 215-06 as Recorded in the Office of the City Clerk.
Mayor Coody Closed the Public Hearing •
UNFINISHED BUSINESS:
R-PZD 06-1884, Westside Village: An ordinance establishing a Residential Planned Zoning
District titled R-PZD 06-1884, Westside Village, located south of Wedington, east of Rupple
Road, containing approximately 21.63 acres; amending the Official Zoning Map of the City of
Fayetteville; and adopting the Associated Master Development Plan. This ordinance was left on
the Second Reading at the November 21, 2006 City Council meeting. This ordinance was left
on the Third Reading and Tabled at the December 5, 2006 City Council meeting to the
December 19, 2006 City Council meeting.
Jeremy Pate, Director
of Current
Planning gave a brief description
of the item and passed out a
memo that listed the
conditions
of approval which have been
worked out by the Street
Committee. He went on
to list the
conditions of approval.
Alderman Jordan stated the Street Committee did discuss this. One of the main questions was
when you see street 42; we want that to remain a public street simply because the City would
have some control over that street. Although we didn't want to maintain the swell in the middle
in which they agreed to do that if I remember correctly. We decided that the radius, the
developer is wanting 15 feet and then the City is recommending 25 feet so we went between. I •
think everyone was in agreement with that.
He went on to thank the developers for their efforts in this and the staff and Administration.
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• Alderman
Jordan
moved to adopt the
recommendations of the Street Committee.
Alderman
Reynolds
seconded the motion.
Upon roll call the motion passed 7-0. Alderman
Cook was
absent.
City Attorney Kit Williams asked Jeremy Pate if they should make a formal motion accepting
that Commercial Design Standards have been met with this.
Jeremy Pate: That is all a part of the conditions of approval so I don't think it takes a separate
motion.
Mayor Coody stated we appreciate you guys bringing in real top notch urban planners for this
kind of project. The ideas of old traditional neighborhoods are really taking root in Fayetteville
and we appreciate it.
Mayor Coody asked
shall the ordinance pass.
Upon
roll call the ordinance passed 7-0.
Alderman Cook was
absent.
Ordinance 4959 as Recorded in the Office of the City Clerk.
Proposed 2007 Annual Budget & Work Program: A resolution adopting the 2007 Annual
Budget and Work Program as approved and amended. This resolution was Tabled at the
• November 21, 2006 City Council meeting to the December 5, 2006 City Council meeting. This
resolution was tabled at the December 5, 2006 City Council meeting to the December 19, 2006
City Council meeting.
Paul Becker, Finance and Internal Services Director gave a presentation to the Council which
described comparisons to last year's budget.
Alderman Reynolds: I had a personal meeting with Paul and Kevin and I got my stuff worked
out and 1 hope everybody else did the same thing.
Alderman Lucas thanked Kevin Springer for the report on the projects.
Mayor Coody stated that Alderman Cook wanted him to ask about the potential addition of the
Trails Maintenance Worker for the Parks Department.
Alderman Allen stated that she wanted more information on the non profits and what decides
which ones are considered to be funded by the City.
Paul Becker: They are open to submit requests for budgets and we present them to the Council.
The recommendations were based on what they received last year.
Alderman Allen: So the non -profits that aren't here simply just did not ask for funding from the
• city.
Kevin Springer, Budget Manager: The outside agencies must provide a service to the city. We
cannot just give money out for grants. What we do is an Alderman may support one of the
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agencies and they may bring up funding requests. The agencies that currently receive funding •
from the City are the ones that get a request form for next year.
Alderman Allen: We had Dominic Swanfield who addressed us two weeks ago and no one said
anything so I wanted to respond to his comments and ask the Council members to explain some
things to me if they could. I wanted to know whether or not the Police would prefer to have an
additional officer hired or if they would rather have more salary if they were given the choice. I
wanted to ask the Council why the officers cannot use the vehicles for those of them that live in
the City. I wanted more understanding of the Police funding because to me that's at the top of
our pyramid. Being safe is the first thing we offer our citizens.
Mayor Coody: Chief, do you want to address this question?
Police Chief Tabor: It would be the Police Administration's opinion that if we were allotted
more money in our budget, we would have other priorities above home storage units.
Mayor Coody: Do you have a rough idea of how much money it would cost if we were to do
this program.
Police Chief Tabor: Approximately $50,000 per car to buy and equip it with a computer, a
video recorder and all the things it takes to outfit that car. Then you would have to calculate the
maintenance, the gas and all those things on top of that.
Mayor Coody: How many cars do you think it would take? •
Police Chief Tabor: I really don't know since we do not have a policy describing who would
get one. We would have to first come up with that policy. When Chief Hoyt was here during
budget time we started looking at that and we made some wild guess as to who would get them.
I believe it was about 17 back then but we haven't worked on it since that time.
Mayor Coody: But if you rounded it up to 20 since we have more people now it would be
roughly $1 million.
Police Chief
Tabor:
That would be a $1
million just for capital cost and then you would have
the operating
cost on
top of that.
Alderman Allen: 1 was wondering if the police officers had their choice would they rather have
another officer hired or that salary disbursed in raises.
Police Chief Tabor: Even though we need more police officers I am a firm believer in taking
care of who we have first. That would be my opinion. I don't know if every police officer has
that same opinion. I asked that question around the station a few. days ago and it was very
apparent from the people I asked that they would rather work a little harder with the number of
people that we have and make a little more money.
Alderman Reynolds: This home storage unit started in Springdale by way of a federal grant •
several years ago.
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Police Chief Tabor: That is correct.
They allowed
them to purchase
20 cars when they
initially
• started.
these things up and
possibly look at their
contract a little closer.
Alderman Reynolds: Is it still going on?
Police Chief Tabor: I believe the grant stopped. Once you get the grant and get it initially, you
have probably saved money on some cars because those cars are going to last longer and people
are going to take better care of them. It is the initial outlay of the cost is what's so prohibitive.
Alderman Reynolds: It would cost us a fortune.
Alderman Allen: I know they do it in Rogers and Bentonville too and I thought it was worth
exploring.
Police Chief Tabor: I'm not sure if Bentonville and Rogers started theirs as a grant or not, but
Springdale definitely did.
Alderman Allen: I called their Police Chiefs and asked if they had the program and they do. 1
do not know how it is funded. I had a question regarding the Boys and Girls Club. I asked about
some concerns that 1 had concerning the children particularly the Jefferson School students that
came from lower economic areas and was told about an outreach program. 1 have since talked to
parents, teachers, and principals and understand that in order to get a scholarship to the youth
center you have to have a parent who works 30 or more hours a week or is a full time student. I
. though that eliminated a lot of scholarships for students who need it. Also, the Boys and Girls
Club outreach children only goes to Garland Square on Tuesdays and to Willow Heights on
Thursdays. I don't want to be a killer of the Boys and Girls Club 1 just want us to make sure that
we are servicing all children particularly those who might not have other access to the Boys and
Girls Club whose parents might not have the ability to get their children there. I think this is
something that we could take a better look at.
Alderman Thiel: We are going to be
discussing the
Fayetteville Youth
Center later on in the
meeting. 1 think that would be a good
time to bring
these things up and
possibly look at their
contract a little closer.
Alderman Allen asked about the non -profits. She also inquired about combining the Ozark
Military Museum and the Arkansas Air Museum to have the same person serving that instead of
two separate salaries there. She stated 1 also wondered who financed the Lights of the Ozarks
and why it is that staff puts that up instead of the folks who ran the jail that used to do it. She
stated that in a lot of the non-profit descriptions I found them to be very vague and double talky.
I just thought it would be better to be specific about what they are doing so that we are real clear.
Paul Becker: All 1 can say is that once these are in the budget that is not a guarantee that these
organizations will receive funding. They come before the Council and at that point they explain
some of these issues. I am really not qualified to answer some of them. These people will be
coming before the Council and I'm sure they would be happy to answer your questions. When
we talk about our commitment to Police we do have to remember that $12.5 million out of the
$34.3 million in the General Fund Budget is allocated to Police and Police safety. I think the
Council has always considered that a top priority and 1 think that demonstrates it.
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Alderman Ferrell: I had a question for the Downtown Partners. •
Paul Becker: Downtown Partners is here and that is later on the agenda.
Alderman Jordan: Paul, I asked during the budget session at the Airport about some funds that
were not in the budget. I know that you provided that information but I have misplaced that and
I would like to see if you could get me a copy of that.
Paul Becker: I would be happy to.
Alderman Thiel: The other amendment was to add the aerial expansion ladder truck and the
need for that based on the high rises that we are starting to get and there was some question
about approaching the University for contribution toward that because we have to protect their
high rises. My question would be has there been any overture made to start that conversation.
Fire Chief Johnson: We are gathering data to support our wants but it is a work in process and
we will be moving in that direction. If we are successful their fair share can be reached in a
number of ways. It does not necessarily have to be money from one entity to another. There are
a number of things that they are looking at and it is in progress.
Paul Becker: We will fund it with a transfer and then we will take a reading at the appointed
time and use as much impact fee money as possible. So we will probably be less than the total
cost. I am asking that we budget that one. •
Alderman Lucas: It will come out of the Emergency Fund.
Paul Becker: Yes. And we will probably also reimburse a portion from the impact fees.
Mayor Coody explained what the emergency fund was.
Alderman Ferrell: When was the last time we used the emergency fund?
Kevin Springer: We are actually using a little bit of it every year to pay for fire apparatus. It's
not just an emergency fund; it is a replacement of public safety vehicles and emergency fund.
Alderman Ferrell: So this would augment the annual fleet budget amount?
Paul Becker:
Yes, it
would
augment the capital program for
the
replacement vehicles. There is
a requirement
that we
keep a
minimum of
$3 million available
for
disastrous situations.
Alderman Thiel moved to add a Fire Department Ladder Truck to the 2007 Budget.
Alderman Reynolds seconded the motion. Upon roll call the motion passed 7-0. Alderman
Cook was absent.
Mayor Coody: We'll move along to the second amendment that Kyle Cook wanted me to bring
up which is to add a Trail Maintenance Worker IV position to the Parks and Recreation Division. •
The total requested cost is $58,707 and funding would come from General Fund reserves. I think
adding this to the balanced budget would bust it by roughly $60,000. The more trails we build
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• the more maintenance workers we are going to need. It's just a matter of if we should do it now
or if we should budget it in the next year's budget.
Alderman Thiel:
I know
this was in the budget last
year and I think the
choice made by the
Council was to add
a Code
Enforcement Officer which
was also necessary.
used for street purposes.
She went on to express what the public wants to see done. She stated I do think it's something
we needed last year. We need it even more this year. I will support it because I think it is
something that the public wants us to do.
Alderman Rhoads: What would the Trail Maintenance Worker IV do to earn $58,700?
Mayor Coody: That includes a vehicle, mower, gasoline and all the capital too. The salary is
$33,000.
Connie Edmonston, Parks and Recreation Director: The capital would be a weed eater, a
blower, a vehicle which was $13,000 and a zero turn mower and those are the capital items and
those add up to $22,000. Then we have annual operations cost for that which would be for their
gloves, safety vests, glasses, uniforms, fuel and small equipment maintenance and vehicle
maintenance. We have an annual cost of around $37,000. The initial cost would be $60,000.
Alderman Thiel: Some of that capital equipment, could that not come from any other fund that
• is not General.
Connie Edmonston: The maintenance issue cannot be used for HMR or Parks Development
fund. It must be acquisition, development, and promotion.
Alderman Thiel moved to add a Trail Maintenance Worker to the 2007 Budget. Alderman
Rhoads seconded the motion. Upon roll call the motion failed 2-5. Alderman Thiel and
Rhoads voting yes. Alderman Ferrell, Lucas, Jordan, Reynolds and Allen voting no.
Alderman Cook was absent.
Alderman Rhoads: When we say this fund or that fund, is that the same thing as an account?
Paul
Becker:
Not precisely. The funds are isolated for
specific use,
for example Street Fund
gets turn
back
money from the state and the county and it
will only be
used for street purposes.
That's
why you classify it as a fund.
Alderman Rhoads: How many different funds do we have roughly?
Kevin Springer: 22.
Alderman Rhoads: How many accounts do we have?
• Kevin Springer: About 4,000.
Alderman Jordan: I read yesterday in the paper that the salary was coming out of the Street
Fund and the Water and Sewer Fund, would you please explain that?
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Paul Becker: The Sustainability Coordinator is to be funded by energy cost savings, electricity •
and energy, etc. which we do have a schedule on how much it has risen. Energy costs are spread
throughout several funds. The General Fund is the primary fund and it would be allocated to the
General Fund, the Water and Sewer and the Street Fund operations based on utility savings cost.
Alderman Jordan: So we are talking about many departments?
Paul Becker: That's correct.
Alderman Jordan: It's not coming out of the Capital Program or the Maintenance Program?
Paul Becker: No it is not, it is strictly operations.
Mayor Coody:
We passed out
the utility expenditures
from 1995-2006. This shows the growth
for utility costs
year to year.
Right now we are up
to $1,861,463 for year to date through
September 2006
and all this across all funds.
budget on the 28'h
Alderman Jordan: Whatever cost savings we are getting out of these utility funds is basically
going to pay the salary of this individual?
Mayor Coody: Yes, at least.
Alderman
Jordan: I
know that Alderman
Cook wanted to be
here
before
we passed it. He was
wondering
if we could
do the passing of the
budget on the 28'h
when
we do
Agenda Session. •
Mayor Coody: We would have to have a Special City Council meeting.
Alderman Jordan: Well, you are going to be there anyway.
Alderman Rhoads: I'm not sure that I will be there on the 28th
Alderman Reynolds: I'm not sure I am going to be there.
Alderman Allen: I wanted to ask a little more about Mr. Sustainability. Could you tell us a
little more about him or her?
Mayor Coody: As far as the job description, basically we lifted it from the Seattle, Washington
sustainability coordinators positions and it is a long list of things that would be everything from
making sure each division is doing what we can to increase sustainability meaning there are
ways to cut waste by being more efficient with utility usage, packaging, and other things. There
are about 15 jobs within this job description that fundamentally this person will be in charge of
making sure that the City of Fayetteville is as environmentally thoughtful and efficient as we
possibly can.
He went on to describe the goals for this position. •
Alderman Allen: So this position would be paid approximately.
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• Mayor Coody: They would be paid approximately $60,000. If we want to get somebody good,
they are sought after these days, there are more job openings nationwide than there are people to
fill them so we would need to pay that to attract somebody good.
Alderman Allen: And the plan was that if they were not able to show us that they could do their
job within the course of a year they would go away and we would not sustain them?
Mayor Coody: Yes.
Alderman Allen: It is not something that could be done from within?
Mayor Coody: There is no way that you could add this to anybody's overworked schedule and
be effective, that's the problem.
Alderman Rhoads: If this person could also train people to do some of these things then it
becomes much more effective and perhaps train people well enough to where they could put
themselves out of a job or go on to bigger and better things. I hope that is part of the charge the
person has. One person, no matter how good they are at their job will not be as effective as if
you have everybody realizing this is what we all need to do and it gets done.
Mayor Coody: We would be using some interns from the University that would come in and
help. There is a lot of data entry for trying to assess what our carbon output is and our impact in
. climate change that takes a lot of number crunching. There are interns available at the
University that could work with us for nothing essentially that could work with the sustainability
coordinator.
He went on
to
describe the
responsibilities
of
the sustainability
coordinator from Seattle,
Washington.
He
stated we just
need one to get
us
kicked off. Later
on if someone wants to add
or subtract staff that's for a different City Council and different Mayor to worry about. There are
a lot of things we need to do in Fayetteville to make this part of the United States aware of
potential of what we can do to save money and to save environmentatie ivation the same
.. ,u
time. If 1 didn't think it was important, 1 wouldn't be working so hard to get this person added to
the staff.
A discussion followed on whether or not they should go ahead and approve the budget or wait
until December 28th following Agenda Session.
Tim Smith, a citizen questioned the Sustainability Coordinator position. He stated when you
start allocating money to another position, be careful when you have department heads who are
responsible for wisdom below them. I think that is where it needs to remain. When you bring all
power into one person's position then you lose the democracy that we have in this country and
that is supposed to be disseminated out and that would be at the department leaders.
A representative of the Air Museum asked what was the recommendation about the smoke
• detection system for the city owned hangar. Was that a consideration?
Kevin Springer: It wasn't recommended.
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Tim Smith: There is an extinguisher system that has been repaired and a control panel and
keyboard that is being replaced. These were things that we had started asking through the •
museum on behalf of the city to get some funding to do those things. The repairs were made and
you have one motion detector and a sprinkler system protecting that building that has no smoke
detection in it. I requested to add smoke detection to the east and west wing and the hangar bay.
He expressed his concerns about the building being protected.
Alderman Ferrell: I like the way that the budget preparation started earlier and the way that
they came forward with it. I will always support fire and police, but with the amount of new
positions being added here I won't be able to support, but I like the start on the new way that we
are doing this.
Dominic Swanfield, with the Fraternal Order of Police explained who in the city was below
the minimum and questioned the pay plan for 2007. He stated that he felt everyone should be
brought up to market pay:
A discussion followed between Alderman Thiel and Dominic Swanfield regarding a memo from
Gary Dumas with responses to some of Dominic's concerns.
Dominic Swanfield stated that we are behind compared to the market.
Alderman Ferrell stated that he met with the Alderman Compensation Committee and they
went over some of Dominic's Concerns. He asked would you say the major exception at the
meeting yesterday was the realization that instead of getting 50/50 that it might be a different •
amount each year for two years.
Dominic Swanfield: I had a chance to look at my data and 1 felt that there were a few little
things and we don't know what it's even going to be.
Alderman Ferrell: From the very beginning we indicated that not every employee was going to
get a raise but that we would get to a minimum and we would get to the market. If it's 50/50 or
whatever it is, that's addressed to get the employees to market. Part of the agreement was that
there would be a cost of living increase.
Dominic Swanfield: As a guarantee?
Alderman Ferrell: The policy that this Council voted on said that.
Dominic Swanfield: So there would be a COLA next January?
Alderman Ferrell: 1 don't know when it's going to be. We said there would be a COLA but I
don't have that in front of me. We also said that every four years we would take a look at the
overall thing and every two years we would take a look at where we are on the market.
Dominic Swanfield: Correct. 1
•
Alderman Ferrell: We would be at market in two years; we just couldn't afford to do it all at
one time. So know that we are going to market and there is going to be a COLA unless
something happens and we run out of the emergency fund.
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• Dominic Swanfield: Would you not agree that by funding $450,000 that that would place all
city employees at market?
Alderman Ferrell: If somebody can come and write us a check for $450,000 out of somewhere
else it could be done in less than two years.
Alderman Thiel: Where does that number come from?
Alderman Jordan: That is what MAG recommended.
Dominic SwanFeld: So you do
agree that after tonight
there will be City
employees that are
being paid below market value.
way dedication
required from
North
Alderman Ferrell: No, what I said was come January 1st no one will be below the minimum
and that within two years the MAG target was to have everyone at market, is that your
understanding?
Dominic Swanfield: Yes sir.
Alderman Jordan: The way I understood was that in two years everybody would be at market
and then if their not we would make whatever adjustments we needed to do to get them to
• market.
Alderman Reynolds: Being on that committee I will affirm that it should be that way.
Dominic Swanfield: The COLA issue, I don't know when it's been set in stone. There are not
very many things that the City does not fund at 100%, but when it comes to the employee's
raises or adjustments it has become a common occurrence.
Alderman Ferrell: If I am sitting here next year and other members of the Compensation
Committee that said we would give a COLA, come back and smile at me because that was the
intent of MAG to give you a fair package.
Alderman Allen: I was just going to make a comment that since I was not a member of making
the budget, then I won't vote with my peers. I look forward to being a part of that this next year
so that I will have better understanding.
Alderman Rhoads moved to approve the resolution. Alderman Thiel seconded the motion.
Upon roll call the resolution passed 6-1. Alderman Ferrell voting no. Alderman Cook was
absent.
Resolution 216-06 as Recorded in the Office of the City Clerk.
• Mayor Coody thanked the staff for doing such a good job on the budget.
ADM 06-2322
North Street
ROW
Dedication Variance:
A resolution reducing the right of
way dedication
required from
North
Street centerline from 55
feet to 44 feet accommodating the
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existing structure and proposed development for property located at 1104 N. College Avenue as •
described in item ADM 66-2322. This resolution was Tabled at the December 5, 2006 City
Council meeting to the December 19, 2006 City Council meeting.
Alderman Jordan stated this has been through the Street Committee and I guess Ron can give
us the final details on everything.
Ron Petrie, City Engineer: We handed out an exhibit at Agenda Session that showed the
recommendation of the Street Committee and the revised recommendation from staff. That is 32
feet of right of way from the existing center line. That is what we are requesting it at this time.
Alderman Thiel: Now that is also what they had requested?
Ron Petrie: Yes ma'am.
Alderman Thiel: So we've got them satisfied, Engineering satisfied, I think we should go with
this.
Alderman
Jordan moved
to amend the right
of way dedication from 55 feet to 32 feet.
Alderman
Thiel seconded
the motion. Upon
roll call the motion passed 7-0. Alderman
Cook was
absent.
Alderman
Jordan
moved to
approve the
resolution. Alderman Thiel seconded the motion.
Upon roll
call the
resolution
passed 7-0.
Alderman Cook was absent. •
Resolution 217-06 as Recorded in the Office of the City Clerk.
Stadium Centre Cottages Appeal: An ordinance establishing a Residential Planned Zoning
District titled R-PZD 06-2212, Stadium Centre Cottages, located at Old Farmington Road, west
of Sandra Street; containing approximately 2.45 acres; amending the Official Zoning Map of the
City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance
was left on the First Reading at the December 5, 2006 City Council meeting.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed 6-0. Alderman Rhoads was
absent during the vote. Alderman Cook was absent.
City Attorney Kit Williams read the ordinance.
Alderman Jordan: This was a special Ward 4 Meeting that we held for the neighborhood in
this area and their concern was the thru traffic with the density of the new development. What
they would like to have is a cul-de-sac in this new one to where they do not have the cut through
traffic. I know Mr. Hennelly said he would prefer a "T" but in visiting with Mr. Pate, he doesn't
think the "T" is going to work so we may be back to the cul-de-sac. •
Jeremy Pate stated that staff does not support not connecting neighborhoods. As a City Council
it is your policy to promote connectivity between neighborhoods. We felt it was a relatively low
density. It is 17 dwelling units adjacent to a commercial center. We feel that dead end streets
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• are more difficult for services including school buses, trash trucks, fire department, etc. all create
more congestion at one intersection as opposed to connecting these neighborhoods. We find that
in most subdivisions, first phase of Bridgeport opposes the second phase of Bridgeport and the
third phase of Bridgeport, but in the end they all become one neighborhood. We fully support
this plan as it was originally proposed with the connection in terms of the actual logistics. He
went on to voice concerns regarding the connection.
Alderman Thiel: I generally try to go along with the Alderman and their response to citizens. I
don't think this is going to create a cut thru. In this case I am concerned that you have made a
dangerous situation for emergency vehicles. In this one case I am going to have to continue
supporting what staff recommended.
Tom Hennelly: There are configurations that are common to allow a vehicle to pull in, back up
and pull out instead of making one continuous circular movement around a cul-de-sac. It's not
uncommon to do that. The radiuses at the intersection within the development here have been
increased to 40 foot radiuses. The Fire Marshall did not think there would be a problem with it.
This can easily be configured where you have a common collection center for the roll out
dumpsters.
Alderman Thiel: So it doesn't allow for recycling.
Tom Hennelly: It does if you had a common area where all that was collected there would be
• one stop for the solid waste collection and they would pull up to the short stub street, back out
and then drive back out of the development.
Alderman Thiel: On this Lot #10, how are they going to get out of their driveway?
Tom Hennelly: That is a 22 foot street and
that driveway has shown to be on the
western edge.
I know that this is an
unusual configuration.
We have staff, Planning Commission
and neighbors
that we are all trying
to satisfy.
He went on to describe the improvements that they would make to the area.
Alderman Lucas: I think that all concerned have worked hard to come to a consensus on this. I
am generally for connectivity in all areas but in this case the neighborhood has a way in and out
and the development has a couple of ways out so it's not one way in for either one of these
neighborhoods. It does protect an established neighborhood that has been there a long time.
This is something we worked out with them so that they would feel a little more comfortable. I
appreciate what Tom has done to work through this.
Larry Lames, a resident from Sandra Street stated at the beginning we did not understand what
was happening. Nobody is ever going to be satisfied with all phases of this development but
everybody has made concessions. We are trying to live with this new development. We think
that because Old Farmington Road is considered a connector then the entrance should be off of
• Old Farmington Road, not through a small established residential neighborhood. We think that
we have come up with a good plan and we hope you support us.
Alderman Jordan: I am going to make an amendment to go to the cul-de-sac because of
comments from Mr. Pate.
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Tom Hennelly: If we could get you to approve this with a condition that we satisfy the Fire •
Department and the Solid Waste Department. If we are unable to do that then we'll put a cul-de-
sac in there. The loss of unit #11 with the cul-de-sac would really be significant.
Alderman Jordan: If you could work it out then 1 won't put the cul-de-sac in there, but make it
happen.
Tom Hennelly: If we can't satisfy them and get written authorization to Planning that they are
okay with this configuration then we will lose unit #11 and put a cul-de-sac in.
Alderman Lucas: And you are going to put a new walk way through there?
Tom Hennelly: Yes ma'am. We have connected Sandra to this development and to the
commercial development to the south with a sidewalk and that is also connected to Old
Farmington Road. It would be reflected in the final plat at Planning Commission if we lost that
one lot.
City Attorney Kit Williams: This is amending it; they want to substitute the newly drawn plat
that has been submitted to the City Council tonight.
Alderman Jordan moved to adopt the new plat. Alderman Lucas seconded the motion.
Upon roll call the motion passed 7-0. Alderman Cook was absent. •
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman
Cook was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Cook was absent.
Ordinance 4960 as Recorded in the Office of the City Clerk.
Easement Vacation for Archer (VAC 06-2289) Appeal: An ordinance approving VAC 06-
2289 submitted by Craflon Tull and Associates for property located at the west end of Markham,
west of Sang Avenue, vacating a 0.35 acre portion of a right-of-way on the subject property.
This ordinance was left on the Second Reading at the December 5, 1006 City Council meeting.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed 6-0. Alderman
Thiel was absent during the vote. Alderman Cook was absent.
City Attorney Kit Williams read the ordinance. •
Jeremy Pate gave a description of the vacation. He stated the applicants have submitted five
different options. He referred to option #4 and stated this is the one we discussed with the
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• applicants. This is essentially the road improvements that Mr. Archer would agree to construct if
a portion of the right-of-way is vacated. He went on to describe option #4.
Alderman Jordan: What we discussed with the neighborhood and Mr. Archer was everybody
seemed to be in agreement of not vacating that road up there. The sidewalk would remain on the
south side and then where Sang is we could meander the sidewalk up that whole side. That is
what 1 remember being discussed last night and being agreed upon.
Alderman Lucas: There will be a curb and gutter on the south side.
Alderman Allen: Jeremy, I wondered if the applicant had offered a Bill of Assurance with this
about the sidewalk.
Jeremy Pate: No, Ma'am. It would be a part of this ordinance and the conditions.
Alderman Allen: Would the sidewalk be lighted?
Jeremy Pate: I would have to ask the applicants that.
Alderman Allen: What would the sidewalk be made of?
Jeremy Pate: Asphalt was the recommendation the Planning Commission approved.
• Alderman Allen: It seems like those who would be most apt to use the sidewalk would be those
who have come from a ballgame. It would be dark and there would be need for lighting.
Jeremy
Pate: As part of
the Planning Commission's
review of the large
scale they were
required
to install two street
lights at the two intersections.
City Attorney Kit
Williams: The sidewalk will be within
the
right-of-way. So it's not going to
be that far from the
road so it would still receive light from
the
street lights.
Ron Petrie: There will be some other exceptions where we'll need to in only one location go
outside of that 30 feet to save a very large oak tree.
Mayor Coody: Why asphalt instead of concrete?
Jeremy Pate: The Planning Commission discussed the use of concrete versus asphalt and it was
felt that the concrete application here would be extremely bright and would not go along with the
character of this area.
City Attorney Kit Williams read the proposed amendments to the ordinance.
City Attorney Kit Williams: We need to ask the applicant what he remembers.
• Mayor Coody: Mr. Archer, is everything that Kit just mentioned squared with your memory of
everything that has been agreed to.
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Julian Archer, the applicant: Yes. It comes down to the sidewalk and the reason you have •
option #4 diagramed the way it is, it wasn't until today in a meeting with Ron Petrie and
discussing the possibility of having the sidewalk on the south side and moving our horse fence to
accommodate the sidewalk weaving through the trees. We would like you to take that as the
issue under consideration.
City Attorney Kit Williams: I thought that maybe at this point we don't need the 5th condition
which talks about Solid Waste having access.
Jeremy Pate: That is correct because it would remain a public street, two-way and paved so
section #5 could be eliminated. I would ask that on section #1 an additional sentence be added:
Any portion of the sidewalk located outside of the right-of-way shall be located within the public
access easement just in case any portion meanders around a large tree and gets outside of that
right-of-way, an access easement would be filed over that.
Alderman Lucas: This
is
west of
Sang,
we talked about meandering it the same way east of
Sang, can we include that
in
here?
members and
the
City Attorney Kit Williams: I don't think that we can. We would have to look at what was
appealed. It was a vacation to the west of that and not anything farther down the hill and so I
don't think we can consider any of that.
Lynn Wade,
a
citizen of
100
N. Sang Avenue
stated I appreciate what
the
staff, Council
members and
the
applicants
have
done. He stated
his concerns about the area
east
of Sang. •
City Attorney Kit Williams: I would yield to Ron on the ditch as opposed to the storm sewer
pipe up there.
Ron Petrie: If it remained a public system I would say it should be brought up to public
standards and not be an open ditch. That is what I would recommend.
City Attorney Kit Williams: In
regards to the
PZD that has
already been approved which did
not have the sidewalk meandering,
instead had
the sidewalk
by the street; obviously the City
Council would have the right to
amend the PZD
ordinance
that was passed if that was your
desire. The applicant can bring it
forward or the
City Council
can bring it forward. Tonight you
have a vacation ordinance that has
been amended
and that is what is before you right now.
Alderman Jordan: So we vote whether we are going to vacate that area and make it a one-way
street?
City Attorney Kit Williams: No, the street will remain a public two way street. It would only
be vacating that portion of the right-of-way which is south of the sidewalk on several conditions
one of which being if the sidewalks goes beyond the right-of-way we have an access easement
for that part of the site.
Alderman Lucas: So what are we vacating? •
City Attorney Kit Williams referred to the drawing on section 4 which showed the existing
right of way.
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• Alderman Jordan: Are you talking about on the south side?
City Attorney Kit Williams: Yes, the south side only.
Ron Petrie: It's approximately 10-15 feet south of the existing fence.
Alderman Jordan: So the first thing we have to do is approve the vacation of this?
City Attorney Kit Williams: The ordinance will do everything that you want it to do at this
point in time after you amended it.
Alderman Jordan: This is not going to address how the sidewalk is going to be built and it is
not going to address whether that remains a one-way or two-way street.
City Attorney Kit Williams: It will remain a public street so therefore it's a two-way street and
the sidewalk will be built out of asphalt and it will be to the standards that the City Engineer will
check out and approve and is pretty well set if this ordinance passes.
Alderman Jordan moved to amend the ordinance. Alderman Lucas seconded the motion.
Upon roll call the motion passed 7-0. Alderman Cook was absent.
• Alderman Jordan thanked the neighborhood, the staff, and everyone who has worked on this.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Cook was absent.
Ordinance 4961 as Recorded in the Office of the City Clerk.
NEW BUSINESS:
The following item was moved from Item #9 under New Business to Item # 1 New Business.
Morningside Drive and
Fletcher Street: An
ordinance to vacate
the street right-of-way
obtained for the connection
of Morningside Drive
and Fletcher Street.
City Attorney Kit Williams: Since this vacation goes over property that I have ownership
interest in I am going to have to recuse and have the Assistant City Attorney David Whitaker sit
in for me.
City Attorney Kit Williams recused from this agenda item and Assistant City Attorney
David Whitaker took his seat.
. Mayor Coody: This was brought forward by Alderman Reynolds prompted by a lady that lives
near Huntsville Road who was mowing a piece of the right-of-way and wanted to control it. I
guess Alderman Reynolds wants to vacate the entire right-of-way up to Fletcher Street?
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Alderman Reynolds: Either up to Fletcher or up to an area, and I want the Trails Coordinator to •
speak on that. The lady's grandson is here that asked for this and I'd like for him to speak.
Assistant City Attorney David Whitaker read the ordinance.
Matt Mihalevich, Trails Coordinator pointed out that the right-of-way does have a purpose
according to the Fayetteville Alternative Transportation and Trails Plan it shows that as an on
street linkage for pedestrian access. He stated since it wouldn't be a street, the intent of the
master plan is to show that that would be a connection for a trail. He discussed a memo that he
provided to the City Council. He stated I just wanted to add a Section 3 that says it is also a
multi -use trail easement. Then we can still vacate but have an easement.
Mayor Coody: I think we need to do that.
Alderman Thiel: I agree whole heartedly that we need to keep the trail easement but they want
sidewalks too. 1 have been hammering for a sidewalk on Morningside Drive since I have been
elected. We have part of the sidewalk and we need to finish that and then it could connect both
ways to this trail which would be great.
Alderman Reynolds: When 1 brought this forward 1 had no idea they had changed this to a trail
corridor.
Emily Williams, a citizen stated her family is who will be affected by this proposed trail. The
reason the land was taken for the City was to build a road. That's not going to happen. She
stated to go in and build a trail like you are talking about you are going to destroy massive
numbers of trees and rock formations. You are going to be destroying more property that is
privately owned so that you can build a trail that people will not be able to use because of the
terrain itself.There are already trails back there that are of the type that you are talking about
when you talk about people wanting to be in nature. The other part of what I wanted to address
is what putting a trail there is going to mean personally to those of us who live there. This
property was only given up under threat of condemnation. This area that you are talking about
runs through the back yard of the home 1 live in. You are opening up my back yard to daily
access to the public. Please consider this very carefully before you decide that you need to keep
it on the map as a trail and keep an easement as a trail. I am asking that you vacate it and please
don't vote to keep an easement for a trail.
Alderman Ferrell: Emily, I appreciate the fact that you have let people come through there. I
know that there are rocks up there bigger than dump trucks and it certainly doesn't lend itself to
building anything other than to be the way it is.
Alderman Thiel: The transmission line that is shown on the first map does go behind your
house. This other trail loop is a different trail loop, that is the Sequoyah Reserve.
Emily Williams: I think it still goes across our land but we have no idea when it was put there
or why. •
Alderman Thiel: We are not looking at that part; we're just looking at the part that is shown
here which does go right behind your house there.
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• Emily Williams: I have felt for years like I was living under a constant threat. It is in my back
yard.
Alderman Thiel: In looking at this, the loop that starts at the south end of Mt. Sequoyah Woods
and comes down and back around, we don't have that easement do we?
Matt Mihalevich: No.
Emily Williams: We were really surprised when we found out it had been gone on the map.
Alderman Thiel: That is a better trail map but we don't have that easement. We have this
easement.
Matt Mihalevich: We would be
interested in
shifting it a little bit. It could
work better for
constructability if we moved it, but
if we vacate
this without any easement on it we have lost our
bargaining power totally. There are things we can work out here to make it more
feasible.
Mayor Coody: If we keep it we could move it at some later date.
Emily Williams: I don't think it is appropriate for any of our family members to get in that type
of discussion tonight. Personally I feel it might be something the family might be interested in
doing at some point because we already have trails back there. It probably is appropriate to
• vacate this because it's not an appropriate trail but you are going to hold it over our heads for
another five or six years so we can get something else from you instead. We have allowed a lot
of access to that area and it just leaves a bad taste in my mouth.
Jeff Williams, a citizen: I was going to yield to the grandson of the lady you are doing this for.
Alderman Reynolds: When I brought this forward I did not know that this map existed. 1
thought we had a street right-of-way that was never going to be used because there is an
ordinance that says this can't be built. So for the reason this was bought, it will never be used for
that. I'm sure that if the grandson knows that there is going to be a trail, I'm sure he doesn't
care. He is looking for someone that is going to take care of it instead of her keeping this right of
way up right next to her house. When I found out that we were the owner of the land I brought
it forward to get it done.
Mayor Coody: If the whole purpose of this is to keep the right-of-way mowed, couldn't we just
mow our right-of-way.
Alderman Reynolds: You don't have a department that has a piece of equipment to get in there
and take care of it.
Mayor Coody: How is it being mowed now?
• Alderman Reynolds: The little lady has to pay to have it mowed and has for twenty years.
What we need to do is put this on the table and the Council needs to walk this and see what they
can and can't do without violating this piece of property because it's a beautiful piece of
property.
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Jeff Williams gave a history of his grandparent's property. He listed the actions that have been •
taken by the City over the years. He asked the City Council to do the right thing and vacate this
property back to the landowners from which it was taken so many years ago.
Alderman Thiel: We still have to retain the utility easement don't we?
David Jurgens, Water & Wastewater Director: A 30" line is existing and we are replacing the
24" line a little south from here. At some point we are going to have to replace this 30" line or
put in another line parallel to it. This vacation has not gone through the normal process that
vacations go through. My recommendation to you would be to have this go through the normal
staffing process so that there we can be a deliberate action rather than a hasty action.
Alderman Reynolds: I asked this Council to go out and tour this piece of property before you
make any moves on it to change it.
Alderman Thiel: 1 would also think it's a good idea that staff reviews this because it does have
a lot to do with utility easements.
Emily Williams: We
have never questioned
the City's
need to retain utility easements across
that. There is a water
main in there and we
know that.
We are not saying that those things
should be given up.
Alderman Rhoads was absent
during the
vote. Alderman
Alderman Reynolds: At least we'll get things working.
U
A discussion followed on where the ordinance should be left.
Alderman
Thiel moved to
table the ordinance
indefinitely.
Alderman Reynolds seconded
the motion.
Upon roll call
the motion to table
passed 6-0.
Alderman Rhoads was absent
during the
vote. Alderman
Cook was absent.
This ordinance was Tabled Indefinitely.
City Attorney Kit Williams returned to his seat.
RZN 06-2336 Sloan -Broyles and Persimmon: An ordinance rezoning that property described
in rezoning petition RZN 06-2336, for approximately 36.62 acres, located at the southwest
corner of Broyles Avenue and Persimmon Street from R -A, Residential Agricultural, to RSF-8,
Residential Single -Family, 8 units per acre with the associated Bill of Assurance.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the item. He stated staff is recommending approval as
did Planning Commission 8-0.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman •
Lucas seconded the motion. Upon roll call the motion passed 6-0. Alderman Rhoads was
absent during the vote. Alderman Cook was absent.
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0 City Attorney Kit Williams read the ordinance.
This ordinance was left on the Second Reading.
ADM 06-2382 House Vacation Extension: An ordinance approving ADM 06-2382, for
property located at the southwest corner of St. Charles Avenue and Watson Street, repealing
ordinance No. 4807 and vacating drainage easements as indicated on the attached map and legal
description.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the item. He stated we are recommending that the
easement be vacated and the utilities be relocated when the project happens as opposed to having
a timeline that doesn't coincide with the project that's occurring.
Alderman Jordan moved to
suspend the rules and go
to the
second reading. Alderman
Lucas seconded the motion.
Upon roll call the motion
passed
6-0. Alderman Rhoads was
absent during the vote. Alderman
Cook was absent.
the motion
passed 6-0.
City Attorney Kit Williams read the ordinance.
Alderman
Jordan moved to
suspend
the rules and
go to the
third and
Fnal reading.
• Alderman
Ferrell seconded the motion.
Upon roll call
the motion
passed 6-0.
Alderman
Rhoads was absent during the
vote. Alderman Cook was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Rhoads was absent during the vote. Alderman Cook was absent.
Ordinance 4962 as Recorded in the Office of the City Clerk.
Amend Chapter 34, Purchases and Contracts: An ordinance to amend §34.23 of the
Fayetteville Code Purchases and Contracts not in excess of $20,000 by enacting a sole source
subsection.
City Attorney Kit Williams read the ordinance.
Peggy Vice,
Purchasing Manager
stated there are
unique things to a specific manufacturer and
those things
are impossible to get
quotes for. If
we feel that it can be quoted then we will
research it. If
we find out it can't be
quoted then we
sign off on it.
• Alderman Ferrell read several examples that were provided in the agenda packet. He stated this
saves time and time saves money.
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Alderman Ferrell moved to
suspend the rules and go
to the
second reading. Alderman
Lucas seconded the motion.
Upon roll call the motion
passed
6-0. Alderman Rhoads was
absent during the vote. Alderman Cook was absent.
Upon roll call
the motion
City Attorney Kit Williams read the ordinance.
Alderman
Jordan moved
to suspend
the rules and
go to the
third and
final reading.
Alderman
Ferrell seconded the motion.
Upon roll call
the motion
passed 6-0.
Alderman
Rhoads was absent during
the vote. Alderman Cook was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Rhoads was absent during the vote. Alderman Cook was absent.
Ordinance 4963 as Recorded in the Office of the City Clerk
Fayetteville Youth Center, Inc. Contract: An ordinance waiving the requirements of formal
competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the
Fayetteville Youth Center, Inc. in the amount of $250,000 to provide public recreation services
for the youth and citizens of Fayetteville for 2007.
City Attorney Kit Williams read the ordinance. •
Connie Edmonston, Parks and Recreation Director: 1 just wanted to make a recommendation
that we do continue this. This has been a joint agreement that we have had for the last 40 years;
it has worked and benefited our citizens.
Eric Schultz, Director of the Boys and Girls Club briefly described the outreach program.
Mayor Coody asked how much a scholarship to the Boys and Girls Club was worth.
Eric Schultz: $60 is our membership for one year.
Mayor Coody: So it's worth $60?
Eric Schultz: That's correct.
He went on to describe some of the services the Boys and Girls Club provides.
Alderman Thiel stated that the after school day care program is the one that people do have to
meet certain qualifications for.
Eric Shcultz: If you are speaking specifically of Owl Creek, the majority of those kids that •
come to the club, they come for either cost of membership or for free and a majority of them are
on scholarship. We offer licensed day care programs at all of our elementary schools and those
are paid for programs.
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0 Alderman Thiel: There are 1,100 scholarships and that includes the 117 that are outreach?
Eric Schultz: That's correct.
Alderman Thiel: Youth and families and that's paid for. And that's 1 out of 6 of the
membership?
Eric Schultz: Approximately, we have about 6,500 active members.
Alderman Allen: There must be a lot of misinformation out there. I'm getting my information
from teachers and councilors at the schools. Is that method to determine how one gets a
scholarship accurate?
Eric Schultz: We basically follow DHS guidelines. If they qualify for DHS they qualify. It's
based on the number of people in your household and an income guideline.
Alderman Allen: I just have a lot of concern that we are not reaching everybody equally and
some of these children are so at risk that they are the ones that need it most.
Eric Schultz discussed the loss of the Community Development Block Grant funding. He stated
we felt it was important to service the kids from Owl Creek everyday to the club. We are open
during the school year seven days a week. We have had to make some adjustments with less
• funding.
Alderman Allen: I was told that about 20 children who were at Jefferson are in the program.
The children who have a parent that can drive them there are the ones who are involved and that
seems like it will miss an awful lot.
Eric Schultz: They are involved in which particular program?
Alderman Allen: In the after school program.
Eric Schultz:
The
majority of our kids that
are involved are the
kids that are coming from Owl
Creek unless
we go
out and outreach to them
through the program
I spoke of earlier.
Alderman Allen: You feel that the outreach program that goes one day a week to Willow
Heights and Garland Square is adequate.
Eric Schultz: I think it's good with the funding we have available. We would like to expand
that program. Over the years as the dynamics of our community change it's going to be more
important to outreach all kids in all areas.
Alderman Allen: I think it's important to all kids but I wanted to see if you saw this as a
priority.
• Eric Schultz: Definitely, I think our outreach program is awesome. It's only 117 kids. Does it
need to get bigger, of course, and we will work at doing that but we're not there yet.
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Alderman Allen: I just wanted to address my concerns about making sure that we reach these at •
risk children in the most effective way possible.
Eric Schultz: I would be willing to say we are going to do that and 1'd love to show you the
programs that we are offering now and to keep discussing ways that we can enlarge and grow
those programs.
Alderman Jordan: I would like to work with Alderman Allen on that as well and get with you
on reaching some of the inner city kids.
Alderman Ferrell: I guess we all can improve. I both see and hear a tremendous amount of
good that the Boys and Girls Club does.and the service to this community. You make the lives
of a lot of young people much better in this community.
Alderman Lucas: I love to go in there because there are kids everywhere just doing all sorts of
things. They are so happy. I think you do a great job.
Alderman Thiel: I
just want
to note that the contract we
are doing is with the Fayetteville
Youth Center Inc. and they are
also jointly responsible with
the Fayetteville
School systems to
provide staffing and
programming maintenance, promotion
development at
Asbell, Holcomb,
Vandergriff, and the
Boys and
Girls Club on Rupple. It's a
little bit bigger
than just the Boys
and Girls Club.
Eric Schultz described the programs included in the partnership with Parks and Recreation. •
Alderman Thiel: We are getting a big bang for our buck. I totally agree with Nancy and every
year we have asked the question as to what you are doing as far as outreach and scholarships.
We may have to consider more funding to make those happen but that is something that is near
and dear to all of us.
Alderman Jordan moved to
suspend the rules and go
to the
second reading. Alderman
Lucas seconded the motion.
Upon roll call the motion
passed
6-0. Alderman Rhoads was
absent during the vote. Alderman Cook was absent.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed 6-0. Alderman
Rhoads was absent during the vote. Alderman Cook was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coolly asked shall the ordinance pass. Upon roll call the ordinance passed 64
Alderman Rhoads was absent during the vote. Alderman Cook was absent.
Ordinance 4964 as Recorded in the Office of the City Clerk •
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• LSD 06-2278 Shoppes at Shiloh Appeal: An appeal of the Planning Commission decision
regarding LSD 06-2278 The Shoppes at Shiloh.
Jeremy Pate: The applicant has requested that this item be tabled indefinitely. Staff was not
supportive of what they were proposing. They were not supportive at the Planning Commission.
I believe what they are intending on doing is going ahead with the Planning Commission's
recommendation and beginning construction. If at such time they want to bring this back before
you they can do that if it has been tabled. So we recommend that it be tabled indefinitely.
Alderman Jordan moved to table the appeal indefinitely. Alderman Lucas seconded the
motion. Upon roll call the motion to table passed 6-0. Alderman Rhoads was absent
during the vote. Alderman Cook was absent.
Alderman Ferrell: Jeremy, were you guys able to work out the curb cut?
Jeremy Pate: Not yet, they have elected to just go forward with what the Planning Commission
approved at this time.
This ordinance was Tabled Indefinitely,
CUP 06-2295 DIDICOM Appeal: An appeal of CUP 06-2295: Conditional Use permit
• (DIDICOM, 396) passed and approved at the Planning Commission meeting on November 27,
2006.
Jeremy Pate gave a brief description of the appeal. He stated staff did recommend approval and
the Planning Commission agreed with the findings that we require for a cellular tower that is part
of our ordinance and voted 6-2 in favor of this request. I understand that three alderman have
appealed based on comments by neighbors.
Alderman Jordan: The main reason 1 appealed this is that the Planning Commission had
okayed a cell tower inside the city limits. I also found out that they had one that was going to be
approved anytime. I could not understand why we would put two cell towers together within
300 yards. I wanted some clarification on if the other one has been approved then do we need
two of them together.
Jeremy Pate: I can confirm on Friday it was approved. Both applicants are going forward with
their application. The Planning Commission could not consider that and our ordinances don't
say that you consider something that might be constructed, it says if it is under construction or
existing. So they were simply following the ordinances in their recommendation.
Alderman Jordan:
If the
one in the county has been approved would
it have the ability to
handle everything?
Why do
we need two of them together?
• Jeremy Pate: If there were a tower in the county already standing there today, we likely would
not have recommended approval of the other one. There's not a tower standing in the county
today and we don't know if there is going to be one.
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Alderman Lucas: Jeremy, on page seven it states the pole was conditionally approved on •
November 7`h so that wasn't taken into consideration?
Jeremy Pate: No, our ordinances state that it has to be in existence or under construction and
neither of those were. The approval that was intended to be earlier did not occur and so it was
actually Friday, December 151h when it was finally approved by the county.
Alderman Lucas: So it wasn't conditionally approved on November 71h?
Jeremy Pate: It had a condition upon them providing the standard reports that they have to
provide.
Alderman Lucas: The National Environmental Policy Act Report.
Jeremy Pate: That's correct.
Gary Ludwig, a representative of Smith Communications, LLC stated they have a permit from
the County, a notice to proceed and we are under construction.
He briefly gave the history of Smith Communications, LLC. He stated on November 13th the
Planning Commission tabled the conditional use permit for a couple of weeks. Commissioner
Ostner asked that the applicant contact the county applicant. At the November 27th meeting
when asked if they had contacted -the county applicant Didicom stated they did nothing and that •
the carrier called Smith Communications. I have been in all the negotiations and Smith has only
had two phone calls from their carrier and those were on November 91h and 10th. That would be
reason #1 for denial. He went on to list reasons for denial. He stated we are under construction
at this time.
Mayor Coody: 195' tower? What is the limit that we attach on ours?
Gary Ludwig: 150'.
Alderman Ferrell clarified that the county pole is high enough to accommodate other carriers.
Gary Ludwig: Correct. The carrier that we are working for has requested 195'. That is why
we went to the county knowing what we've been through in the city. This search area has been
before the Planning Commission and the City Attorney's office as a possibility site for 6-8
months. It just so happened that one carrier went to one construction company and the other
carrier went to another and they both ended up in the same spot.
Alderman Jordan: The thing I keep trying to come back to, if you have permission to build
your tower in the county why does it make you any difference if one goes up in the city.
Gary Ludwig: I'm looking at your ordinance and the City says that they can't be within 300
feet of each other.
City Attorney Kit Williams: I don't think that is what the ordinance is saying. Even though •
the Planning Commission might have said please contact the other carrier the ordinance does not
say that. The ordinance says describe your efforts to co -locate your facility on one of the poles
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• or towers that currently exists or is under construction. If you believe the applicant, they didn't
get under construction until this weekend, not when the Planning Commission was meeting and
deciding all this. They were under no obligation under our ordinances to try to co -locate on an
unapproved tower at that point in time.
Alderman Thiel: You mentioned the Planning Commission and how they voted. The Planning
Commission did not vote for this unanimously.
Alderman Allen: This body appoints the Planning Commission and I would say they make an
awful lot of effort to do the right thing.
Gary Ludwig: I agree, the Planning Commission was informed that we were going to build the
tower. That is the point I am trying to make.
Dave Reynolds, representing the county tower stated I have my clients, our customers, our tower
and our permit that is under construction that is going to be built. There is plenty of room. If
this other company wants to co -locate on our tower, we can't co -locate on theirs because it's not
tall enough. That is why we are here.
Walton Morris, a representative of DIDICOM stated DIDICOM submitted its application well
before the County application got started. The City's process takes a while to go through. This
tower is being built for Alltel and Cingular and will go on the tower toward the end of 2007.
• DIDICOM builds for them every year. The customers of ours prefer to use DIDICOM and don't
want to be forced to do business with someone they don't do business with.
He pointed out the I I conditions of approval that DIDICOM agreed to meet. He stated it is not
fair to DIDICOM to be penalized and have long term customers stolen from it because the cities
procedures are longer. He pointed out the problems he found with the county tower. He asked
the City Council to deny the appeal and affirm the Planning Commission's actions.
Alderman
Ferrell: Did
you say that DIDICOM's application
was placed with the City prior to
the county
application?
Walton Morris: That is my understanding Mr. Ferrell.
Alderman Ferrell asked if there was any confirmation of this.
Walton Morris: My partner who has been handling this is out of town and he asked me to
appear before the Council tonight so I can't state that.
Jeremy Pate: The application was submitted to the City October 5th. The person representing
the county just spoke and said they submitted their application in November. He did not give a
specific date but that is what he just said.
• Walton Morris: I have been informed that DIDICOM did the balloon test that you require in
September and did the public notification at that same time.
Alderman Ferrell asked Mr. Ludwig what his recollection was on the application date with the
County.
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Gary Ludgwig: That happened the first week of November. We were given that week and •
there were a couple of questions, we came back within three days and they gave us the permit to
build in the County, it was administrative review contingent upon the NEPA Report. It was
completed and supplied to them last Wednesday. They reviewed it as complete and we had the
notice to proceed at that time.
Alderman Reynolds: Jeremy, when Smith came in the first time for their permit it was behind
their building. So they dropped that site and it went away until they came up with this site at the
County so they could build a 190' pole. Did they build the one on Leverett Street?
Jeremy
Pate:
Yes, there
is
also
one being
constructed on Deane Street this year and there is
also one
under
application
on
Old
Wire all by
the same applicant.
City Attorney
Kit Williams: Did they not build
the one on Joyce
Street, oh no I guess that was
on Zion.
At that time I
did
not know all
Jeremy Pate: I think that was at the end of 2005 or early 2006 on Zion.
Alderman Reynolds: Are there any rules about building something like this in our growth area?
Jeremy Pate: No sir.
Alderman Reynolds: The County has the right to do whatever they want to do? •
Jeremy Pate: That's correct.
Alderman Reynolds: If we take that in we are going to get that some day.
Jeremy Pate: Yes sir, if we annex that property.
City Attorney Kit Williams: I need to advise you that when we are dealing with cell towers
there are federal laws that restrict the powers of cities to deny cell towers. We also are allowed
to have reasonable regulations which we tried to put into the code. In looking at the code there
was not another tower under construction or existing and therefore my advice to the Planning
Commission on that night is that we did not have a legal right to turn down with a single citizen
complaining and the rest of the complaining being the other cell tower company. We can
consider some esthetics. That has to be supported by a lot of evidence before it is reasonable for
a city to turn down a cell tower application. I would have great difficulty in finding when
looking at our Unified Development Code grounds to turn down this particular application
because there is not an existing tower. When it was considered by the Planning Commission
there was not any hint of construction at that time because it had not been approved. My
recommendation would be to follow what the Planning staff recommended that the tower that
was first proposed and went through our process and has met the terms and conditions of this
particular chapter. I support the Planning staffs recommendation of approval of that conditional •
use.
Alderman
Lucas: I was one of the
ones that
signed
the appeal.
At that time I
did
not know all
of this and
1 thought it was worth an
appeal to
hear all
the facts.
I think there is
not
much we can
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• do about the one in the county. I think the one in the city has met all of the requirements so 1
will not support the appeal.
Alderman Jordan: If I had to bring the appeal forward again I would simply because I didn't
know. When you look at two cell towers together you think why do we need two of these
together. If you look at it realistically the one in the county is going to go up one way or the
other. The one in the City; if our attorney advises that it would be shaky to turn it down then I
don't see much recourse than to deny the appeal.
Alderman Lucas:
We might look
at the Planning area
to see if there is something we can do to
see that this doesn't
happen again.
cell towers?
Jeremy Pate: We don't have any jurisdiction under state statute to do that but Washington
County now has zoning. In speaking with the Washington County Planner, from now on a cell
tower will take a conditional use permit in the county. The Washington County Planning Ward
will be evaluating those under the Conditional Use Permit process. So at least there will be a
process in place.
Alderman
Lucas: I know
we do streets in the planning area, there's
nothing
we can bring
forward for
cell towers?
Jeremy Pate: No Ma'am.
• Alderman Ferrell: Jeremy, the way it is right now, there will be a tower constructed in the
county and then if we deny the appeal there will be one constructed in the city.
Jeremy Pate: Yes sir.
Alderman Lucas moved to deny the appeal. Alderman Reynolds seconded the motion.
Upon roll call the motion passed 5-1. Alderman Ferrell voting no. Alderman Rhoads was
absent during the vote. Alderman Cook was absent.
Community Access Television Contract Renewal: A resolution approving a contract in the
amount of $93,000 with Community Access Television, Inc., to operate the public access
television channel throughout 2007.
Susan Thomas, Public Information and Policy Advisor gave a brief explanation of the contract.
Alderman Ferrell: 1 asked about an amendment to the proposed contract. 1 am concerned
about what a citizen turns on and looks at or a child or visitor to this city.
Alderman Ferrell read his amendment that was previously submitted to the Council titled
Section #14.
• Alderman Thiel: I don't have a problem with adding this section, however, I will say that 1
watched the Telecommunications Board meeting which reciprocated this and 1 really did not see
what I found to be anything that necessitated this. I respect Alderman Ferrell's concern about
the public perception of these committees that everyone should be respectful of everyone.
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Alderman Allen: I respect your concerns Alderman Ferrell. I do think that confrontations can •
be interpreted in a lot of different ways and I wonder how this would be judged.
City Attorney Kit Williams: It
would be judged
by the City Council so if staff felt that they
needed to
bring something to you
that would justify
saying that they were in breech of contract it
would be
up to you to decide whether
or not the
conduct that the staff complained about or
someone
complained about was
sufficient in your
eyes to decide that they had breeched the
contract.
Alderman Allen: So to actually watch and be kind of a jury to decide whether or not it was
contentious?
City Attorney Kit Williams: You wouldn't want to decide whether or not it was contentious
but whether it was rude or disrespectful. It would be your decision.
Susan Thomas: I think we
have
made some substantial improvements
last year as far as
communication and getting along.
I think there is a long way to go. I
think that with the
substantial equipment changes
that we
are proposing in the next year along with some substantial
structural changes I hope this
is the
last time we have to discuss behavior
issues with the Peg
Center in front of the Council.
Mayor Coody: It was a productive meeting this morning between the CAT staff and the •
government channel staff and apparently it was amicable. The working class folks that actually
run the cameras and do the production work get along real well.
Alderman Allen: It seems a bit ironic to me for us to be judging the speech of the free speech.
I guess I don't clearly understand what happened that was so contentious. Is it so aggress that
we can not bring it forward and speak of it?
Alderman Ferrell: There was a round table discussion and I think when we are in that public
persona we need to have our best foot forward. I have had a lot of comments from people
concerning this and most of them have feelings about this and most of them are supportive of it.
I am only addressing one thing; I am asking if we can resolve this very easily.
Sky Blaylock, CAT: I just wanted to say how much we appreciate the city's funding and the
wonderful facility that we have. We have one of the best and oldest Public Access facilities in
the country. We have state of the art equipment; we are able to train people to get jobs, to
communicate and to be tolerant. I still need to listen and that is something that I have been
working on. 1 would like you to know that next year is going to be the best ever.
Scott McClendon, attorney for CAT: You as a City Council need to realize the Telecom Board
approved the contract, they deal with this every month. It did not contain any sort of play nice
clause. Apparently the people that were concerned about having been wronged in this episode
are not complaining. That is my main point. If you watch the video of any of these meetings •
there has been nothing that would anywhere come close to being rude or disrespectful even if
those terms had any sort of legally binding or enforceable definition. The best thing that you
could do for the Telecom Board and anybody that appears before it is buy them a copy of
Roberts Rules of Order and give them the authority to enforce those rules. Those debates need to
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• be controlled some people do not have a problem doing that but some of your appointed
volunteer boards do. This particular contract clause is also kind of one sided; CAT is the only
entity that can be found at fault under this and create a breach of the contact. This is bound to
lead to litigation if you leave it in there because somebody is going to do something that hurts
somebody's feelings and we are going to end up here again and I know that none of you want
that. I don't want it; I am not getting paid for this. I would recommend that you adopt the
contract as it was originally presented on the agenda by the Telecom Board absent Section 14.
Mayor Coody: Marvin do you have anything to add?
Marvin Hilton, Cable Administrator: Not really, I would just like to move on. Does anyone
have a question?
Mayor Coody: Are you going to make an effort to do better next year?
Marvin Hilton: Oh sure absolutely. I am going to do as well as I can.
Mayor Coody: So basically I think we have heard the same thing from both parties. Whether
we pass the amendment or not, I think it is going to improve. So whatever you guys want to do
is fine.
Alderman Ferrell moved to amend the contract with the insertion of Section #14 the way
• that he read it. Alderman Reynolds seconded the motion.
City Attorney Kit Williams: The reason it addresses only CAT is because that is who we are
contracting with, you can't put other people in and expect to have any power over them besides
we already have supervisory power over city employees and city officials. What we don't have
any power over, unless it is in this contract, are our independent contractors. That is why nobody
else was listed in here, only CAT their Board members and employees.
Alderman Jordan: I have run a lot of meetings, whatever we put in the contract it still goes
back to the individual that is in charge of the meeting, it just does, that is just the way it is. If I
am running a meeting and I feel that someone is out of line it is my job as the chair and that is
according to Roberts Rules of Order. The chair is the chair and the chair is in charge and
sometimes he does not like being in charge and sometimes he has to say things he does not like
to say but he has to maintain control of that meeting. That is your job as the chair and you may
not like that and if you can't you need to vacate that chair. Whatever is passed tonight will only
be as good as the authority that the person takes that is in charge of that meeting. That is the
bottom line.
Mayor Coody: That's exactly right.
Alderman Lucas: 1 agree with that generally but the Telecom Board is volunteers that come
forward and volunteer to serve the city and they deserve respect. They should not have to ride
. herd especially on people that are employed by the city and people that have a contract with the
city. They deserve respect because they volunteer their time to work for the city and 1 appreciate
that and admire that. I regret that circumstances brought this forward but I think it is very
important that we pass this amendment.
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City Council Meeting Minutes
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Page 36 of 41
Tim Smith: I have been associated with CAT as a producer for the last two years. I rise in •
opposition to this amendment. I feel like this is not specific enough, it is too wide open. I
believe in individual accountability, if an individual messes up and an individual does
something, that individual needs to be held accountable. It could be too easy to be arbitrary with
this, use a comment that someone doesn't agree with brand that and then the whole deal is
flushed down the toilet. I find this too wide open, I think you need to throw out the amendment
and stay with the contract as CAT has proved over the years to be very effective and to do a good
job. Disagreements occur, people are going to disagree and that is healthy. The worse thing 1
see in these governmental meetings is everybody slapping each other on the back and playing
games. We need to talk, we need to dialogue, we need to get out there and let people know what
is going on and not play these games. I think it is a healthy thing and that is why I rise in
opposition to this.
Paula Marinoni, resident of Fayetteville: Many people know me from Community Access
Television from the shows that I have done. I have probably done about 100 shows. I think they
are positive, I think they contribute to the community and 1 hope people learn something from it.
I learn from a lot of shut-ins who watch Community Access Television and who the shows mean
a lot to. I had my first Community Access show back in 1970. This fighting has been going on
for eight years. This is an on going thing; Community Access is not the problem. If any
manager watched what was going on they would see what the problem was and they would take
care of it. You said the only way you can address this is through them because you have an
agreement with them but you are the administration over the people who work for the city. At
one point it was so hostile that 1 hated walking into that building and I quit filming for about four •
or five years. It is a hostile work environment that is being presented by the way it is set up; they
shouldn't have to work that way. If you would take that off of them and let them be creative and
let them attract good people. People do not want to be on the Telecom Board because of that
environment. People do not want to come and produce films because of that environment. You
are spending money that is not being used to its fullest potential because they are continually
choking these people. I tell the people that call me that if they enjoy the shows that I do please
do me a favor and call Community Access Television and tell them thank you because all they
get is abuse from the city that is a perception. I am sorry that is the perception but year after year
does anybody ever tell them thank you? I take offense to that being in there, I think it is
arbitrary, how do you enforce it, Marvin will be down their throats. You are creating and
allowing a hostile environment to persist and you are keeping positive programming from the
citizens of Fayetteville because you are not allowing them to do their jobs.
Alderman Allen: I think it is just such an irony that we are trying to make sure that the CAT
Board is not saying anything inappropriate when the whole purpose of the CAT Board is free
speech. It concerns me that we would be trying to monitor what is offensive and what is not.
We always have access to the remote. I have tried to find what is offensive on the CAT channel
because I am up real late at night. I think there are some things that are real stupid but not
anything that I am offended by but that is in my eyes. I think that becomes a complicated thing.
I really appreciate Alderman Ferrell's feelings about this and I am not trying to lessen them in
any way. My hope would be that maybe just this conversation would take care of the problem.
Maybe that would be a way for the people to be aware of the fact that it is problematic and that •
we do all want to be more dignified in the way we treat each other.
Alderman Ferrell: I didn't just jump up and do this
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Page 37 of 41
. Alderman Allen: I am sure you didn't. I didn't mean to be putting it down.
Alderman Ferrell: You didn't. 1 made inquiries from city staff about what is going on, and
then I had people start telling me. This is not something new. Kit said in the past there was a
problem on the air with meetings and that it had to be addressed. I can share your idea of the
irony. I have never said a word about the programming. 1 think this can be a tool for the
Telecom chair.
Alderman Thiel: I think there does need to be something changed, I just don't know if this is
necessarily it. The Telecom Board recommended this contract before this amendment was made.
1 think there is entirely too much oversight. I don't see any nonprofit that we fund in this list that
we have any type of oversight like this. I just don't think this is necessary. 1 think there are a lot
of issues that have improved. I think Susan Thomas has been very active in trying to get
everyone together down there. I think some of the things Paul Marinoni alluded to are an issue.
It does not matter who the provider is, who the director is, for the last so many years there has
been a problem. By signing off on this I think we are saying that the public access provider is
the bad guy in this. We are changing a contract that came from the committee that you are
saying is being offended by this. 1 hate to differ with you on this but based on those things 1 will
vote against this. I just don't know that this is necessarily the best way and it sends a message
that I don't think I want sent from me.
Alderman Jordan: The Telecom Board was in charge of that specific meeting. You can pass
• whatever you want to pass but it still comes back to someone being in charge of the meeting.
Mayor Coody: Regardless if this passes or fails, I feel certain we will see improvement. We
have had assurances tonight that there is improvement on the way and they are going to do better
in 2007. The CAT programming and the process has gotten better because we use to get
complaints all the time and those complaints have dropped off. I think just bringing this up and
discussing it and getting confirmation that everyone will work better together this is going to be
as good as the amendment if the amendment does not pass.
Upon roll call the motion to amend failed 3-3. Alderman Ferrell, Lucas and Reynolds
voting yes. Alderman Jordan, Thiel and Allen voting no. Mayor Coody chose not to vote
to break the tie therefore the amendment failed. Alderman Rhoads was absent during the
vote. Alderman Cook was absent.
The Amendment Failed
Alderman Jordan moved to approve the resolution. Alderman Allen seconded the motion.
Upon roll call the resolution passed 5-2. Mayor Coody voted yes to pass the resolution.
Alderman Lucas, Jordan, Thiel and Allen voting yes. Alderman Ferrell and Reynolds
voting no. Alderman Rhoads was absent during the vote. Alderman Cook was absent.
Resolution 218-06 as Recorded in the Office of the City Clerk.
•
Fayetteville Downtown Partners Contract: An ordinance waiving the requirements of formal
competitive bidding and approving a contract for services with Fayetteville Downtown Partners
in the amount of $40,000 to assist in the implementation of the Downtown Master Plan.
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City Attorney Kit Williams read the ordinance. •
Tim Conklin, Planning and Program Development Director gave a description of the contract.
He stated the funding for this is to help implement the Downtown Master Plan. This is the final
year; the funding is coming from the Wilson Springs sale proceeds. It was included in the
budget that was adopted this evening.
Alderman Thiel: 1 support this. I think they have done a great job and I am pleased with what
they are providing the City for the funding. Because the funding amount is half of what it was
last year, I support going ahead and making the amendment that we pay them all at the beginning
because that is the same amount we paid at the beginning of last year.
Alderman Ferrell asked Fayetteville Downtown Partners, what are your occurring revenues that
are going to keep you afloat for. the other three quarters? In your planning why do you have to
have this money in the first part if you knew you had the whole year?
Daniel Hintz, Executive Director of Fayetteville Downtown Partners: Many of the services they
are asking us to do were within the first five to six months of the year. We can provide the
services as we have done to your satisfaction and we are committed to providing every
component that the City is asking for us.
He went on to describe the details of the contract. •
Alderman Ferrell: You do have recurring secured funding to keep you going the rest of the
year?
Daniel Hintz: Yes, we would continue to apply for grants, A& P funding for the Fayetteville
Arts Festival so we can continue providing those services and apply for grants for the Arkansas
Arts Council. We are currently under negotiations and several contracts for services with
different entities to provide specific services for the downtown area.
Alderman Ferrell: Are you saying in most of the income you are expecting for the rest of the
year will come from contracts for services?
Daniel Hintz:
Fayetteville
Downtown
Partners is looking
at foundational funding.
We are
currently under
negotiations
with several
different entities to
provide more funding for
specific
deliverables. A
lot of our services
will be
paid for services.
Alderman Ferrell: You don't have any money promised?
Daniel Hintz: No, but we are currently under negotiation with several contracts and writing
grants.
Alderman Allen: Where did you grow up?
Daniel Hintz: Milwaukee, Wisconsin. •
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City Council Meeting Minutes
December 19, 2006
Page 39 of 41
Alderman Allen: I think
the
verbiage is complicating and I
am hoping
that maybe you can be
• more specific in what it is
that
you are trying to do through the
Downtown
Partners.
Daniel Hintz: Certainly, and as more things come on with the Downtown Master Plan we can
be more specific. All that is going through Planning Commission and Ordinance Review, those
are deliverables that are being made more and more clear as the Master Plan manifests itself.
Alderman Thiel:
The
Ordinance
Review Committee has seen
Daniel a lot because he has really
been beneficial. In
my
experience
they have been very helpful.
was just
Tim Conklin: 1 would agree with Alderman Thiel. Downtown Partners has provided research
on outdoor cafes and dining's, etc. and helped to provide support and set up rheetings with
neighborhood associations.
Alderman Allen: I think the verbiage is confusing to the general public.
Tim Conklin: That has been a challenge for City and staff to explain some of the goals because
experienced based economy is part of the Downtown Master Plan goals.
Alderman
Allen:
I was not meaning in any
way
to put
down the
work
that you have done or it's
validity. I
was just
suggesting that I thought
that
might
eliminate
some
confusion.
. Daniel Hintz: Communication of complex ideas is not the easiest thing to do. It is a significant
goal of ours as a non profit organization to strengthen our business practices in order for us to
have that based funding every single year. We can tell you that this is a continued priority for
the organization.
Alderman Ferrell: 1 hope you do it. I have real reservations about the planning of starting out
with just enough money to get by but I do remember the positive things that you have done. I
remember observing this and I'll support this.
Alderman Lucas: 1 was very skeptical of supporting Fayetteville Downtown Partners early on
because 1 thought there were other areas in the city that could use an organization like that to
promote them. I have been very impressed with what you have been doing. I also realize that
you are supposed to be self sufficient. Do you not have any business memberships that come in
every year?
Daniel Hintz: We have chosen not to be a membership organization because some of the
conversations we had very early on with the Chamber of Commerce and other membership
organizations. We are here for public benefit and we wanted to make sure we didn't confine our
scope of work to a very specific sector because downtown has so many constituents that if we
were a membership organization, we would have to define ourselves by that membership. In
response to the self sufficient question, the first year the $150,000 we received was 67% of our
budget. We made it this year and the City Contract was 47% of our budget. We hopefully
• provided all the services the city required of us in the contract.
Mayor Coody: Are you closer to the Business Improvement District?
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Daniel Hintz: This is very much about a face to face process. We are working on it at this .
point. We are at about 34% of the total assessed value or 65 petitions out of the 328 property
owners and we continue to get in petitions. We will continue this process until either the
property owners say no or we get it done.
Alderman Thiel moved to amend Section 7 of the ordinance. Alderman Reynolds seconded
the motion. Upon roll call the motion to amend passed 6-0. Alderman Rhoads was absent
during the vote. Alderman Cook was absent.
Alderman Jordan moved to
suspend the rules and go
to the
second reading. Alderman
Lucas seconded the motion.
Upon roll call the motion
passed
6-0. Alderman Rhoads was
absent during the vote. Alderman Cook was absent.
Cook was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded the motion. Upon roll call the motion passed 6-0. Alderman
Rhoads was absent during the vote. Alderman Cook was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Rhoads was absent during the vote. Alderman Cook was absent. •
Ordinance 4965 as Recorded in the Office of the City Clerk
New World Systems - Handheld Electronic Ticketing Devices: A resolution approving a
revised contract for the purchase of handheld electronic ticketing devices, software, and software
maintenance from New World Systems Corp. in the amount of $195,525; and approving the
associated budget adjustments.
Mayor Coody asked if the Council had any questions for Tracy Risley.
There were no questions or comments.
Alderman
Jordan
moved to approve
the resolution. Alderman Lucas seconded the motion.
Upon roll
call the
resolution passed
6-0. Alderman Rhoads was absent during the vote.
Alderman
Cook was
absent.
Resolution 219-06 as Recorded in the Office of the City Clerk.
Mayor Coody presented Alderman Reynolds with a plaque which expressed appreciation
of his service to the City of Fayetteville. He thanked him for all the time that he put into
our town and for making it the great town that it is. •
Alderman Ferrell thanked Alderman Reynolds for his service and for taking him under his wing
after he was elected. He stated we are going to miss you.
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is Alderman Thiel: I'll second that.
CI
0
City Council Meeting Minutes
December 19, 2006
Page 41 of 41
Alderman Reynolds: Thank you all, I
appreciate it. I am going
to miss it. I have had a lot of
good times
up here and I've seen a lot
of things go on in the last
14 years; a lot of growth and
changes;
but they have all been good. I
just want to make sure that you guys follow through on
the bond
issue for the roads, the sewer
plant, and make sure you
get a business license passed
please. 1
have enjoyed it.
Meeting adjourned at 11:15 PM
Dan Coody, Mayor Sondra Smith, City Clerk/Treasurer
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