HomeMy WebLinkAbout2008-08-05 MinutesMayor Dan Coody
City Attorney Kit Williams
City Clerk Sondra Smith
ARKANSAS
City of Fayetteville Arkansas
City Council Meeting Minutes
August 5, 2008
City Council Meeting Minutes
August 5, 2008
Page I of 18
Aldermen
Ward 1 Position I—Adclla Gray
Ward I Position 2—Brenda Thiel
Ward 2 Position I — Kyle B. Cook
Ward 2 Position 2 — Nancy 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
August 5,
2008 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 Gray, Thiel, Cook, Allen, Rhoads, Ferrell; Lucas, Jordan, Mayor
Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance.
Mayor's Announcements, Proclamations and Recognitions:
Presentations, Reports and Discussion Items:
Off Street Parking Improvement District No. I Board Vacancy:
Approve the appointment of Tonya L. Patrick and George B. Morton
(Appointed by the District and Approved by the City Council)
Mayor Coody: This is to approve the appointment of Tonya L. Patrick and George B. Morton.
Alderman Ferrell moved to approve the appointment of Tonya L. Patrick and George B.
Morton to the Off Street Parking Improvement District #1. Alderman Cook seconded the
motion. Upon role call the motion passed unanimously.
Washington County Regional Ambulance Committee Appointments:
Appoint two people to the committee
(Appointed by the City Council)
Alderman Cook: I asked for suggestions from the Aldermen. Tony Johnson is one of the
selections. I wanted to make sure that we had someone that was looking out for the City while
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City Council Meeling Minutes
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Page 2 of 18
they get the
ball rolling. We
discussed several different people.
1 thought we should
pick an
Alderman to
be on that board.
After much discussion, Alderman
Ferrell is interested in
serving
on the board.
That is our other
selection.
Alderman Cook moved to approve the appointment of Fire Chief Tony Johnson and
Alderman Bobby Ferrell to the Washington County Regional Ambulance Committee.
Alderman Lucas seconded the motion. Upon role call the motion passed 7-0. Alderman
Ferrell did not vote.
Agenda Additions: None
Consent:
Approval of the July 1 and the July 15, 2008 City Council meeting minutes.
Arkansas
Parks and Tourism
Outdoor Recreation Grant: A resolution authorizing the
Mayor to
apply for
an Arkansas
Parks and Tourism Outdoor Recreation Grant in the amount of
$150,000.00
for the
development
of the park property on Fairlane Drive.
Resolution 149-08 as Recorded in the office of the City Clerk.
Arkoma Playgrounds and Supply, Inc., Bid # 08-05: A resolution awarding Bid # 08-05 and
approving a contract with Arkoma Playgrounds and Supply, Inc. in the amount of $199,969.00;
and approving a 5% contingency in the amount of $9,998.00 for the construction of Rodney
Ryan Park.
Resolution 150-08 as Recorded in the office of the City Clerk.
Bestech Environmental Resources, Inc., Bid # 08-31: A resolution to approve the purchase of
a G-8 Therm -Tec animal crematory for $58,700.00 for use by the Animal Shelter and approve a
budget adjustment of $8,700.00.
Resolution 151-08 as Recorded in the office of the City Clerk.
Future Link of Illinois, Bid # 08-53: A resolution awarding Bid # 08-53 and approving the
purchase of twenty-seven (27) mobile computer systems from Future Link of Illinois, Inc. in the
amount of $1482 818.33 for use in Fayetteville Police Patrol Vehicles; and approving a budget
adjustment in the amount of $149,000.00.
Resolution 152-08 as Recorded in the office of the City Clerk.
Automatic Vehicle Wash Program: A resolution approving a budget adjustment in the amount
of $60,000.00 to transfer funds from Project 02082 — (Solid Waste Vehicles/Equipment) to
Project 06012 — (Wash Bay and Covered Storage) to complete the installation of the Vehicle
Wash System and the Hand -Wash Truck Wash Area.
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Resolution 153-08 as Recorded in the office of the City Clerk.
Alderman Jordan moved to approve the Consent Agenda as read.
seconded the motion. Upon roll call the motion passed unanimously.
Unfinished Business:
Hiring Freeze: Hiring Freeze Appeals: A resolution to approve the hiring of two replacement
Fayetteville Police Officers.
Two Police Officers:
Police Chief Greg Tabor: One officer resigned and another was terminated. We currently have
three officers on military leave and five on medical leave. It is important that we replace these
two positions as soon as possible.
Alderman Jordan moved to approve two Police Officer positions.
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 154-08 as Recorded in the office of the City Clerk.
ADM 07-2711 (UDC Amendment — Chapter 166.08 Street Design and Access Management
Ordinance): An ordinance amending Title XV: Unified Development Code of the Code of
Fayetteville to amend Chapter 166: Development in order to adopt street design and access
management design standards. This ordinance was left on the First Reading at the July 15,
2008 City Council meeting.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Cook
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Leif Olson, Long Range Planner: After the meeting on July 15 the Planning staff and City
Attorney got together and worked out some of the inconsistencies in this ordinance. We added
variance language to three different sections. After working through these changes I think this is
an ordinance that the Planning staff can support.
Alderman Ferrell: 1 would like to thank Planning and Mr. Williams for getting together.
Alderman Ferrell moved to amend Exhibit A to the new Exhibit A that was supplied to the
Council by the Planning Division. Alderman Cook seconded the motion. Upon roll call
the motion passed unanimously.
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Alderman Ferrell moved to suspend the rules and go to the third and final reading.
Alderman Cook seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5156 as Retarded in the gjfice of the City Clerk
Amend Chapter 173 Building Regulations: An ordinance to enact the Arkansas Energy Code
as a part of the Unified Development Code and to amend the energy code to add a provision for
an energy efficiency certificate. This ordinance was left on the Second Reading at the July 15,
2008 City Council meeting.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Cook seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5157 as Recorded in the office of the City Clerk
New Business:
Crossland Heavy Contractors, Inc.: A resolution awarding Bid #08-50 and approving a
construction contract with Crossland Heavy Contractors, Inc. in the amount of $2,439,646.00;
and approving a 10% contingency in the amount of $244,000.00 for improvements at the Noland
Wastewater Treatment Plant, WSIP Subproject EP -3.
Alderman Cook: The Water and Sewer Committee met and discussed this. We moved it
forward to the Council.
Alderman Jordan moved to approve the resolution. Alderman Gray seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 155-08 as Recorded in the office of fire City Clerk
2009 Employee Benefits: A resolution to approve the same level and cost of employee benefits
in 2009 as are being provided in 2008.
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Missy Leflar, HR Division Manager: We are requesting Council approval of the City paid
employee benefits for 2009. This will be at the same cost. There will be no increase, and no
change.
Alderman Thiel moved to approve the resolution. Alderman Jordan seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 156-08 as Recorded in flee office of the City Clerk
Amend § 33.018, Parks and Recreation Advisory Board: An ordinance to amend § 33.018
Parks and Recreation Advisory Board of the Code of Fayetteville.
City Attorney Kit Williams read the ordinance.
Alison Jumper, Park Planner IL We would like to increase the membership of the board from
eight members to nine members and extend the terms from two years to three. I think this will
provide a better makeup for the board.
Alderman Thiel:
1 think this is a very good
ordinance and a very good
change to the existing
ordinance.
to allow "A"
frame sandwich/menu board signs under certain
conditions.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman
Jordan seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Cook moved to suspend the rules and go to the third and final reading.
Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5158 as Recorded in the office of the City Clerk
Amend Chapter
174 Signs:
An ordinance to amend Unified Development
Code Ch. 174.08,
Prohibited Signs,
to allow "A"
frame sandwich/menu board signs under certain
conditions.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Current Planning gave a brief description of the change to the
ordinance. I have had some questions on this ordinance therefore I would like to hold it on this
reading.
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Alderman Thiel: The City has had some problems with these being placed on sidewalks and
people falling over them. They have created some hazards. Are these going to be allowed any
where or do they have to make a request to have one?
Jeremy Pate: They would have to be permitted.
Alderman Thiel: If they have to be permitted that eliminates that. That means you will look at
location, where they are going to place them, and if it will jeopardize pedestrian traffic.
City Attorney Kit Williams: When you are dealing in the first amendment area we want to
have very little discretion. Either it meets the pedestrian safety by being wide enough or it does
not. I would like to work with Jeremy to tighten this up.
Alderman Allen: It sounds like these are good suggestions. I think our sign ordinance is one of
the things that sets us aside from neighboring communities. I hope we can work with this and
make it something that will be helpful to all.
Alderman Rhoads: The only thing that struck me is it might be too restrictive from the
standpoint that there has to be other businesses besides restaurants and bars that may be tucked
away, as we do more infill and develop different parks of our downtown. You may have some
businesses that may be in need of advertisement. 1 would hope that they could get a permit as
well.
City Attorney Kit Williams: I would suggest that we start initially with the restaurants and
eating establishments and then if there are other businesses we can take a look at that. If we go
beyond the restaurants initially, what is the next limitation? I don't see one really.
Alderman Rhoads: I would say any business that is precluded from advertising an invisible site
but for an A -frame sign, something of that nature.
Alderman Ferrell: I think we should do this and then take a look at others.
This ordinance was left on the First Reading.
Bid Waiver for Asphalt: An ordinance waiving the requirements of formal competitive bidding
indefinitely for the purchase of asphalt materials for use by the Transportation Division.
City Attorney Kit Williams read the ordinance.
Gary Dumas, Director of Operations: We received notification in July about the lack of
material from our contracted supplier. Because of the volatility, long term bidding does not
seem viable. We would like to have the ability to get quotes.
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City Attorney Kit Williams: I hope the Transportation Division will keep close tabs on this,
because once the volatility in the market goes out, we need to repeal this ordinance and go back
to a normal bid procedure.
Alderman Cook: I agree with Kit's comment on this.
Alderman Cook
moved to suspend the rules
and go
to the
second reading. Alderman
Jordan seconded
the motion. Upon roll call the
motion
passed
unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Ferrell moved to amend the ordinance to be effective throughout the remainder
of 2008 for the purchase of asphalt materials. Alderman Jordan seconded the motion.
Upon roll call the motion passed unanimously.
Alderman Ferrell moved to suspend the rules and go to the third and final reading.
Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5159 as Recorded in the office of the City Clerk
2009 Budget Request: A resolution to request that the budget to be submitted to the City
Council by the Administration be balanced.
Alderman Ferrell: This is really a
very simple
statement
of intent. This is
fiscal sustainability.
It is a statement of intent that we are
not going to
project
to
spend more than
we expect to take.
Mayor Coody: The staff is very professional and for years they have done a very good job
presenting a well run fiscally conservative balance sheet. I don't want to tie their hands with this
kind of a request. If we need to present a balanced budget that is different than this for some
reason, the budgeting process is so complex that 1 think we will need to present to you the best
budget that we can that will preserve the quality of services we provide the citizens and preserve
the strength of our staff and our employees as well. It is a delicate balancing act.
Alderman Ferrell: 1 would say and or reallocate resources as needed.
Mayor Coody: We are going to present to you the budget that we think will work the best.
Alderman Thiel: I would like to hear staffs comments.
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Paul Becker, Finance Director: If the intent of the resolution is to bind us and not budget any
more expenditures than estimated revenues then I would say it ties our hands from possibilities if
we see that we need to use reserves to bring the budget in sync. I think we should be able to
recommend that. That is a decision for the Council whether to approve the recommendation. 1
believe we should consider using cash reserves if necessary to make that recommendation.
Mayor Coody: If necessary.
Paul Becker: Yes.
Alderman Lucas: I don't understand the problem with this personally. Every year a budget is
brought to us and the Council works very hard to bring us within the budget and not go into
reserve. This is merely stating this is what we would like to see to begin with. I would like to
see a budget that is brought to us that is balanced. I am not saying it is okay to go into reserves.
Paul Becker: Are you saying I am precluded from recommending use of reserves?
Alderman Lucas:
After you bring
us
the balanced
budget you may say we should do this or
that. I want to see
a balanced budget
to
begin with.
Mayor Coody: They are saying that whatever money we expect to bring in is exactly what we
should budget for. This is a very fiscally distressing time, with the spike in materials and the
increase in different costs. Our income is not growing like it use to. I don't feel the need to tie
the staff's hands on bringing forward a budget that needs to be completely balanced, if that
means as we bring forward a balanced budget that automatically means we would be doing
things such as requiring that we raise taxes or requiring that we lay people off, neither of which
are acceptable to us.
Alderman Thiel: I disagree with Alderman Ferrell and Lucas regarding this proposal. I
certainly want us to have as balanced of a budget that we can. I would like to see what the
various divisions feel are necessary or essential and then look at it. Rather than the reverse of
having everything cut out, including possibility having to lay people off, and then the Council try
to determine how to put that back into place. I like the way we have done it. I don't want to see
layoffs in a budget and if that is what departments have to do to make this budget work then I
don't want to be in a position of saying which departments have to lay off. I don't want to tie the
hands of the staff to that extent.
Alderman Ferrell: There is no intent to tie the hands of staff. This is a resolution of intent. The
economy is part of the reason 1 came up with this. The intent is to tighten things up that when it
comes to us expenditures equal revenues.
Mayor Coody: This will be a much tighter budget than last year and last year was very tight.
Paul Becker: We have to remember there are a lot of escalated costs and the request for
expenditures is reflecting that.
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Alderman
Ferrell: When we
have escalation
in cost sometimes we have to defer spending in
other areas
where we can defer
it.
Paul Becker: We went through some very difficult exercises last year as we did the year before
and made some cuts.
A discussion followed on the proposed budget.
Alderman Allen moved to amend the resolution to say as balanced as possible. Alderman
Thiel seconded the motion. Upon roll call the amendment failed 3-5. Alderman Thiel,
Allen and Gray voting yes. Alderman Cook, Rhoads, Ferrell, Lucas, and Jordan voting no.
Amendment failed.
Alderman Ferrell moved to approve the resolution. Alderman Lucas seconded the motion.
Upon roll call the resolution passed 5-3. Alderman Cook, Allen, Ferrell, Lucas, and Jordan
voting yes. Alderman Thiel, Rhoads and Gray voting no.
Resolution 157-08 as Recorded in the office of the City Clerk
R-PZD 08-2980, Markham Hill Cottage Courts: An ordinance establishing a Residential
Planned Zoning District titled R-PZD 08-2980, Markham Hill Cottage Courts, located north of
Maine Street, between Sang and Cross Avenue; containing approximately 2.54 acres; amending
the official zoning map of the City of Fayetteville; and adopting the associated master
development plan.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the project. Jeremy stated the Planning Commission
voted 7-0 in favor of the request and staff recommended approval with some conditions.
This ordinance was left on the Second Reading.
R-PZD 08-3006, Porchscapes: An ordinance establishing a Residential Planned Zoning District
titled R-PZD 08-3006, Porchscapes, located at the southern extension of Seven Hills Drive, south
of Huntsville Road; containing approximately 8.81 acres; amending the official zoning map of
the City of Fayetteville; and adopting the associated master development plan.
City Attorney Kit Williams read the ordinance.
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Jeremy Pate gave
a brief
description of the
project.
Jeremy stated
the Planning Commission
voted 7-0 in favor.
Jeremy
asked the Council
to amend
Condition # 4
regarding solid waste.
At the time of printing the packet a solid waste waiver had not been worked out entirely. The
Solid Waste Division and the applicant have been able to get together and they were able to work
out a resolution with the conditions. A project such as this usually requires a dumpster. Most
neighborhoods utilize residential carts and recycling bins and the applicant would like the same
to be the case for this project. With some conditions in place the Solid Waste Division is
agreeable to that as well. Staff is recommending approval of this project.
Alderman Thiel moved to amend Condition # 4 of the ordinance to incorporate the
conditions of approval from the Solid Waste Division as part of this PZD. Alderman Allen
seconded the motion. Upon roll call the motion passed unanimously.
Katie Brashears, Community Design Center spoke about the goal they had with Habitat on this
project and some of the design elements they incorporated to achieve those goals. She stated the
main goals was to create an affordable sustainable neighborhood that will allow for these houses
to appreciate in value and also to serve as a model for other developments throughout Arkansas.
They have incorporated three major design elements to achieve this goal, sustainability, low
impact development techniques, and use of a shared street.
Mayor Coody: This is a real exciting project.
Mike Johnson, Habitat board member: This is a great story for the entire community. Up to 43
families will have the ability to attain home ownership on a zero interest loan. This is going to
be a great place to live. I think the City and this region will be proud of what is there. 1 think the
environment, the community and these young families are going to win. It is going to give us the
ability to go beyond four or five homes a year. I think we have the opportunity to learn and take
that next step. This is a great opportunity for all of us. We appreciate your support.
Mayor Coody: It really was a good partnership.
Mike Johnson: We have settled on a formal name, Heritage Meadows.
Chris Suneson, McClelland Consulting Engineers: We are a proud partner in this project. One
of the important aspects this project brings forward for the City is the concept of green
infrastructure.
Alderman Thiel: I have not heard anyone that is opposed to this. I am really excited about it.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Allen
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
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Alderman Gray moved to amend the ordinance to change the project name to Heritage
Meadows. Alderman Ferrell seconded the motion. Upon roll call the motion passed
unanimously.
Alderman Jordan: I was really impressed with this. It is one of the best looking developments
that I have seen come through since I have been on the Council. 1 particularly like that it creates
attainable housing. I think it is a great project and I want to commend you for the work that you
have done.
Alderman Ferrell: I think the whole community is enriched with the time and efforts of
everyone in our community that have worked so hard to bring this about.
Alderman Allen: It is great.
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 unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5160 as Recorded in lite office of the City Clerk
R-PZD 08-3022, Stonewood Gardens: An ordinance establishing a Residential Planned
Zoning District titled R-PZD 08-3022, Stonewood Gardens, located near the south east comer of
Crossover and Albright Road; containing approximately 3.36 acres; amending the official zoning
map of the City of Fayetteville; and adopting the associated master development plan.
City Attorney Kit Williams read the ordinance.
Jeremy Pate
gave a brief
history of the PZD.
This is a concept PZD.
Planning Commission
approved this
unanimously.
Staff recommended
in favor.
seconded the motion.
Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman
Jordan seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman
Ferrell
moved to suspend
the rules and
go
to the
third and final reading.
Alderman
Jordan
seconded the motion.
Upon roll call
the
motion
passed unanimously.
City Attorney Kit Williams read the ordinance.
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Mayor Coody
unanimously.
the ordinance
Ordinance 5161 as Recorded in the office of the City Clerk.
City Council Mccting Minutes
August 5, 2008
Page 12 of 18
the ordinance
RZN 08-3027, Pathway Baptist Church: An ordinance rezoning that property described in
rezoning petition RZN 08-3027, for approximately 14.36 acres, located at the southeast corner of
Mount Comfort and Salem Road from RSF-4, Residential Single-family, 4 units per acre and R-
A, Residential Agricultural to R -O, Residential Office and P-1, Institutional.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the rezoning. Staff recommends approval of this
rezoning request. The Planning Commission voted unanimously in favor of this.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was
absent during the vote.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and fmal reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5162 as Recorded in the office of the City Clerk.
ANX 08-3029, Holcomb Heights HL An ordinance annexing that property described in
annexation petition ANX 08-3029, located at the northwest corner of Weir Road and North
Salem Road, containing approximately 3.23 acres.
CityAttorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the annexation. Staff recommends approval of this
annexation request. The Planning Commission voted 7-0 in favor of this.
Alderman Jordan moved to suspend the rules and go to the second reading.
Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
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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 unanimously.
City Attornev Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Alderman Cook voting no.
Ordinance 5.163 as Recorded in the of of the City Clerk.
RZN 08-3030, Holcomb Heights III: An ordinance rezoning that property described in
rezoning petition RZN 08-3030, for approximately 3.23 acres, located at the northwest corner of
Weir Road and North Salem Road from R -A, Residential Agricultural, to RSF-4, Residential
Single-family, 4 units per acre.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the rezoning.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed unanimously.
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 unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5164 as Recorded in the office of the City Clerk.
The following ordinance was added to the agenda at the City Council meeting.
Fayetteville Downtown Partners -Fayetteville Arts Festival: An ordinance waiving the
requirements of § 34.23(A) of the Fayetteville Code requiring quotation bids and approving a
contract for services with Fayetteville Downtown Partners in the amount of $2,500 to promote,
produce and manage the 2008 Fayetteville Arts Festival and approving a budget adjustment in
the amount of $2,500.00.
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Alderman Jordan moved to add the ordinance to the agenda. Alderman Thiel seconded
the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody: The A&P Commission agreed to pay $2,500 if we would pay $2,500. This is
what they agreed to so this is what I am bringing to the Council.
Alderman Jordan: 1 would like to make an amendment to the ordinance. We made a
commitment a few years ago for one million dollars for our trails program. We have also helped
with the purchase of a couple of tracts of urban forest that ended up at several hundred thousand
dollars. We supported the Botanical Gardens with $750,000 which came from our Economic
Development Fund. We have talked a lot about supporting the arts program and I think it is time
that we do that. I would like to amend the ordinance to state $32,500 and do a budget adjustment
out of the Economic Development Fund to fund this to bring forward the Arts Festival.
Alderman Jordan moved to amend the ordinance to $32,500 and do a budget adjustment
out of the Economic Development Fund to fund this amount. Alderman Allen seconded the
motion.
Alderman Allen: I think we need to put our money where our mouth is. We claim the arts to be
an important part of our culture here in Fayetteville.
Alderman Thiel: What was the amount?
Alderman Jordan: We are getting $2,500 from the A&P Commission so we will add $32,500
for a total of $35,000 which is what they recommended. I would also recommend that if we do
take it out of our Economic Development Fund that the money not be spent elsewhere. That it
be with local businesses here in Fayetteville.
Mayor Coody: When you
say keep
the money here in Fayetteville does that mean
they can not
advertise in Bentonville?
Alderman Jordan: One of the complaints that 1 heard from the A&P Commission was that a lot
of the money was being spent in Bentonville and they did not like that. I thought if we would
just keep it right here that it would be more in line with our economic development here in
Fayetteville.
Mayor Coody: What will you do with the $35,000? Do you have a budget?
Sarah Lewis, Arts Festival representative: We do have a budget. We are working to move
this festival forward this year and that money would go to support future festivals as well as
helping to pay for existing activities for this years festival. The festival will be at the Town
Center this year. Our budget would support that amendment to the funding request.
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Mayor Coody: We will also need a motion and a second to approve a budget adjustment for
$32,500.
City Attorney Kit Williams: It is part of the ordinance. You would have to amend Section 2 of
the ordinance which is the budget adjustment.
Alderman Rhoads: We talked about this before and the amounts you needed. There was going
to be a fund raising event. Can you give us a little more specifics and tell us exactly where you
are dollar wise.
Daniel Keeley: We had a successful fund raiser. We raised about $8,600. We had a few private
donations. We are still trying to solicit more. We have had entry application fees from the artist
which gave us another $1,000. We had a budget of $54,000. We are only going to spend what
we get for the Arts Festival. It is all in adverting dollars and what we can offer at the festival.
Alderman Rhoads: Where are you as far as raising that $54,000?
Daniel Keeley: We have somewhere in the neighborhood of $10,000.
Sarah Lewis, Arts Festival representative: The budget goes back over years of planning this
festival. We have grown this festival over the past three years. This festival has required capital
funds to get it going. We need those funds to keep it going for seed money for the future of the
festival. This kind of an event is a value to Fayetteville. It adds economic revenue that comes
in. This is a perfect example of a festival that has been very successful. It has taken a few years
to get it to the point where it can generate revenue for itself. That is where we are right now,
trying to get it to the point where it can break even and then be profitable. We have been able
this year through volunteerism to use our in kind donations to make it move forward in spite of
the reorganization of the organization. We are so thankful for the opportunity to get to work
with the City and the A&P Commission. Having you show support for this event is going to
move it forward, be more powerful and generate more revenue than it has in the past.
Alderman Ferrell: If there is money left this year will it go into planning for next year?
Sarah Lewis, Arts Festival representative: That would be seed money for next time if there is
money left over.
Alderman Ferrell: I support the arts but 1 am sorry that 1 can not support this amount.
Dede Peters,
Fayetteville Arts Council read something that
she
found on the City of Fayetteville
website form
the City of Fayetteville briefing book prepared
by
the City
of Fayetteville.
If things like
the
Arts Festival
are being used to advertise our great City, then I would like to see
support from
the
Council.
A discussion followed on where the funds would come from.
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Alderman Lucas: I think things like this are so important. Other festivals like this are not
funded by the administration they are funded by hotel, motel tax. I see that as what that money
should go for, bringing people into the community to support the businesses.
Alderman Rhoads: I have been very supportive of the arts. If I had all the money in the world,
I would give you a lot more than $32,500. Down the road we are going to have to come up with
some funds to maintain and enhance the Walton Arts Center. I want to be careful that we will
have sufficient funds to be able to do that. I do not want to spend more money than what we can.
I thought $2,500 was too low and $32,500 is too high. I think I would be more comfortable with
a total of $15,000.
Alderman Allen: I think all these things are so tied together that makes this very important to
happen now. Hopefully we will not have to give them this much in the future.
Alderman Thiel: I agree that this is very important. I was disappointed when we chose not to
consider continued support for the Downtown Partners. I certainly think $2,500 was too little.
There were too many different responses from the board about what they would do with that
money. I probably will not vote for the $32,500 but I will be supportive of a lesser amount.
Alderman Gray: I feel very tom also. I support the arts. If they want seed money for future
years they can put in a request for next year.
Mayor Coody: The thing that concerns me is we just passed a resolution saying we must
present a balanced budget for the City staff yet we come up with deficient spending like this. I
would prefer that we get more input so we can plan for this. We all support the arts. I go to
every one of the arts festivals and I want to see this thing grow. But, what we are telling our city
employees is we will give $32,500 to someone that wants it even though it is more than what
they ask for but we can't afford to give you a raise. We are in a position where we are really
having tight budget times and to be so cavalier with this kind of money it is hard for us to justify
that to our employees and staff that is trying to balance the budget.
Alderman Jordan: We did come up with $75,000 to bring a consultant in to talk about
economic development. These folks can bring in economic development just like they can.
Mayor Coody: I am not so sure about that.
Upon roll call the motion to amend the ordinance to $32,500 failed 3-5. Alderman Cook,
Allen, and Jordan voting yes. Alderman Thiel, Rhoads, Ferrell, Lucas, and Gray voting
no.
Alderman Rhoads moved to amend the ordinance to $12,500 from the City for the Arts
Festival. Alderman Gray seconded the motion. Upon roll all the motion passed
unanimously.
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Alderman Thiel: I really hope the board comes to administration with a proposal for our budget
that would start providing something sustainable. That is something I would be very supportive
of.
Alderman Lucas: And put in a budget request to the A&P Commission on time. That is
important too because that is what that money is for, economic development in Fayetteville.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Thiel seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Allen seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5165 as Recorded in the office of the City Clerk.
Amend § 161.23, Neighborhood Conservation: An
ordinance
to amend
§ 161.23
Neighborhood Conservation to add Use Unit 26, Multi -family
dwellings
as conditional
use.
City Attorney Kit Williams read the ordinance.
Alderman Ferrell
moved to suspend
the
rules and
go to the second reading. Alderman
Cook seconded the
motion. Upon roll
call
the motion
passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Thiel:
I
would like
to leave this on this reading.
I want to make sure the public is
aware of what we
are
discussing.
the City Council.
Alderman Ferrell: Jeremy do I understand that it takes both ward aldermen and a third
alderman to be able to come before the Council on an appeal.
Jeremy Pate:
That is
correct. If it is
approved or denied
it takes three aldermen, two which
must reside in
that ward
to appeal before
the City Council.
Alderman Allen: I think it should be very difficult for the Planning Commissions conditional
use to be overturned.
The ordinance was left on the Second Reading.
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Adjournment: Meeting adjourned at?7:55 p.m.
Dan Coody, Mayor
City Council Meeting Minutes
August 5, 2008
Page 18 of 18
a &'P6
Sondra E. Smith, City Clerk/Treasurer
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