HomeMy WebLinkAbout2009-02-03 MinutesMayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City of Fayetteville Arkansas
City Council Meeting Minutes
February 03, 2009
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City Council Meeting Minutes
February 3, 2009
Page I of 21
Aldermen
Ward 1
Position I —Adella Gray
Ward I
Position 2 — Brenda Thiel
Ward 2
Position 1 — Kyle B. Cook
Ward 2
Position 2 — Matthew Petty
Ward 3
Position 1 —Robert K. Rhoads
Ward 3
Position 2 —Robert Ferrell
Ward 4
Position I —Shirley Lucas
Ward 4
Position 2 — Sarah E. Lewis
A meeting of the Fayetteville City Council was held on February 03, 2009 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Gray, Thiel, Cook, Petty, Rhoads, Ferrell, Lucas, Lewis, Mayor
Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Special Business:
Niokaska Creek: A resolution to name the creek that begins on Mt. Sequoyah near Root
Elementary School "Niokaska Creek."
City Attorney Kit Williams read the resolution.
Cathy VonHatten, Art Teacher at Root Elementary thanked the Council for their hospitality.
She gave an explanation of the school's project and how naming the stream came about.
Megan Olson, a student of Root Elementary School gave an explanation of the research
conducted by her class.
Taylor Powell, a student of Root Elementary School listed the findings of her class.
Ruby Ericson, a student of Root Elementary School read a research paper prepared by her class.
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Cathy VonHatten asked the members of Root Elementary School if they supported the
proposal.
The members of Root Elementary School responded by saying yes.
Fay Jones, Principal at Root Elementary School summarized their resolution. She asked the
Council to approve the Resolution.
Mayor Jordan: On behalf of myself and the Council that was one of the most entertaining
presentations I have had since I have been on this Council. Thank you all for coming. Well
done.
Kyle Krugger with Ecological Engineering Group at the University expressed his concerns and
stated I would like you to focus on just the tributary that flows into Mud Creek and having just
that named Niokaska Creek because Mud Creek starts above that. From a scientific standpoint
data has been collected and stored as Mud Creek and if you change the name of the creek that
could cause confusion as well as all the signage that is already along the trail and stream.
Alderman Thiel: I have had some calls of concern about changing the name of all of Mud
Creek. I wondered if someone from the Parks Board was here to comment on this and I would
like to ask what staff thinks about the cost that is going to be incurred from changing the entire
area.
Connie Edmonston,
Parks and Recreation Director:
The Parks Board
did approve for just the
unnamed tributary to
be named Niokaska. As far as
Mud Creek goes
there is a lot that would
have to be renamed.
We have signage and mileage
on the trails and
all our brochures would
have to be redone. There are other departments that
have some connection
to that. Water and
Sewer have concerns
that
they might like to address with
you.
David Jurgens, Water and Wastewater Director: I love the renaming but I would echo the
request that if you just do the unnamed tributary portion that is really easy but when we actually
change the name that complicates data basis all the way up to Federal EPA level.
Alderman Thiel: Who is the main representative from the school? It was my understanding
that the students were supporting the unnamed tributary and that is all they wanted to rename.
Fay Jones: That is correct.
Alderman Thiel: So they would be satisfied and happy with just renaming that portion and not
the entire Mud Creek.
Fay Jones: Yes. Our research was just on the tributary that runs down beside the schools and
drops right behind the school and runs through Jackson Farm.
Alderman Petty moved to amend the resolution to remove Section 2. Alderman Lewis
seconded the motion.
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Alderman Ferrell: I think this is wonderful. 1 certainly feel our future is secure and great when
we have students, teachers, and staff that come to the City Council and give the presentation like
they gave tonight. Thank you very much!
Alderman Lewis clarified the reference to the Illinois River in the resolution.
Upon roll call the motion passed unanimously.
Alderman Petty: Two years ago I was involved with the School District Administration to form
the Green Teams at each of the schools. We worked out that we wanted to involve the students
in our communities. I am very glad and proud of what you are doing with your Green Team so
please keep up the good work next year.
Alderman Lucas moved to approve the resolution. Alderman Ferrell seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 17-09 as Recorded in the office of the City Clerk.
Mayor's Announcements, Proclamations and Recoanitions: None
Presentations, Reports and Discussion Items:
False Alarm Ordinance 5083 Discussion
Police Chief Greg Tabor gave an explanation of the ordinance. He stated this has been a
painful process and we hope to get this started by March I". I would suggest that you table it
for some period of time.
James Butch Coker who works in the alarm business stated when this ordinance was written we
had no notification of it and I was not involved at that point. False alarms are a problem and
need to be dealt with. He brought up conflicts between various sections of the Code regarding
alarms. He stated there are several things that can be done to make this ordinance more user
friendly and fair to the citizens of Fayetteville. He expressed his concerns with the current
ordinance. He stated I would be happy to work with the Police Department to redefine this
before we put it in order and try to get a good clean ordinance to begin with.
Barbara Fraley, with Secure Us, Inc. expressed her concerns with the letter that is going out to
their customers from Cry Wolf. She stated 1 would also like to offer my services to the
Fayetteville Police Department to reword this letter. I would like to see this program work but I
think we need to make it a little more friendly.
Alderman Ferrell: Where this has been invoked in other places does it lower the number of
false alarm reports?
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Barbara Fraley: From what little reading I have seen yes that is true. We also have our heavy
hitters in this area that are the major offenders. I do agree that it is more commercial than
residential issues.
Police Chief Greg Tabor: I did not ask for this to be tabled to change it. I am not making any
proposals at this time to change the ordinance. I think the ordinance is as good as it can be for
right now. Until we get into it and see what the issues are I am not proposing any changes at this
time. The domestics that we are called out on are crimes, false alarms are not crimes. When we
show up at a domestic there is a serious crime going on. Alarms are a high priority at the Police
Department, we send two officers when they are available. We do not divert officers going to
alarms. He also explained how the fees were determined by the City. He stated this is not about
making money but about better utilization of our resources and cutting down on the number of
false alarms.
Alderman Lewis: I have a question about tabling it; does that mean it will then go to Ordinance
Review?
City Attorney Kit Williams: The only thing they are talking about is not tabling the ordinance
but tabling the first review of how the ordinance is working.
Alderman
Thiel:
The Ordinance
Review
Committee
worked very
hard and long on this
ordinance. I
agree
with Chief Tabor,
we need
to see how it
works before
we start tweaking it.
City Attorney Kit Williams: I
think you
should at
least give it 90 days so that you would have
a chance
with the Police to work
out some
figures.
Police Chief Greg Tabor: The purpose of tonight's meeting was to look at a years worth of
data that we had collected.
Alderman Thiel: The letter that Cry Wolf has prepared has not been sent out to everyone yet
right?
Police Chief Greg Tabor: I do remember seeing some letter that Cry Wolf asked for my
approval on but I do not remember it being in all bold and red. I would be surprised if I would
approve anything that was that pushy.
Captain William Brown: The part in red is to alert people that they will be affected by this
ordinance if they live in the City limits.
Alderman Gray suggested scheduling the discussion for the June 2, 2009 City Council Meeting.
Mayor Jordan: That is what we will do.
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Agenda Additions:
Alderman Cook announced the Board and Committee vacancies and stated the deadline for
applications is February 27, 2009.
City Attorney Kit Williams: We will need to suspend the rules to place these items on the
agenda.
Alderman Ferrell moved to suspend the rules and place 3 additional resolutions on the
agenda. Alderman Lucas seconded the motion. Upon roll call the motion passed
unanimously.
Dead Horse Mountain Bridge Replacement Project: A resolution approving a payment in the
amount of $395,111.00 to the Arkansas Highway & Transportation Department (AHTD) for the
City's portion of the construction costs associated with the Dead Horse Mountain Bridge
Replacement Project.
Alderman Ferrell: For a long time we talked about the Dead Horse Mountain Bridge and
yesterday Ron said the State was waiting on our check to move forward. We have sufficient
funds in the bridge fund to pay for it so the quicker we get this check to them the quicker they
will start on it.
City Attorney Kit Williams read the resolution.
Ron Petrie gave a brief description of the project. He stated we are pleased with the bids the
Highway Department got. The bridge itself will be replaced in its current location so this portion
of the street will be closed during the duration of this construction and there will be detours in
the area.
Alderman Thiel: This is considerably less money than if we would have done this project
several years ago right?
Ron Petrie: Yes.
Alderman Thiel: I certainly support this.
Alderman Thiel moved to approve the resolution. Alderman Lucas seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 18-09 as Recorded in the office of the City Clerk.
City Employees Recognition: A resolution to thank City employees for their dedicated and
efficient, around-the-clock efforts to clear City streets under harsh and difficult conditions.
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City Attorney Kit Williams read the resolution.
Alderman Petty: I think this resolution speaks for itself that our City staff and administration
did a job that is nothing short of amazing during this event. I just wanted to bring this forward to
recognize them.
Mayor Jordan: I too want to echo that. I think we have the finest staff in the State of Arkansas.
He described the efforts of various departments during and after the storm. He thanked them for
a tremendous job.
Alderman Rhoads moved to approve the resolution. Alderman Lucas seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 19-09 as Recorded in the office of the City Clerk.
AEP/Swepco and
Ozarks Electric Cooperative
Recognition:
A resolution to thank
AEP/SWEPCO, Ozarks Electric Cooperative and their
employees for
their quick response and
hard work to restore
power to Fayetteville citizens.
about,the business itself and not necessarily the workers. I
like this idea
Alderman Thiel moved to amend the resolution to add Ozarks Electric Cooperative.
Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously.
Alderman Petty: I knew that honoring the utilities might be controversial but I think they did
excellent work and we should recognize them for the work that they have done and try to
establish an honest relationship with them.
Alderman Lewis:
I agree that the
workers and the people that arrived on scene have been
phenomenal.
There
are a lot of concerns being directed my way on the corporate side of these
companies so
I have
a lot of concerns
about,the business itself and not necessarily the workers. I
like this idea
but there needs to be a
review of how we are working as a city with the electric
companies.
Maybe
that can be part.
of the emergency plan that has been mentioned by the
Mayor.
City Attorney
Kit
Williams:
Perhaps the Mayor can respond about the corporate side of
SWPECO. Did
they
work with
you Mayor?
Mayor Jordan: They did. I called Mr. Deweese several times and Mitchell Johnson from
Ozarks Electric. I was in a lot of contact with them. I felt they were working as quickly as they
possibly could to restore the power. I thought they were very workable and easy to get a hold of.
Don Marr, Chief of Staff: As early as 8:20 a.m. on Tuesday morning we received a call from
SWEPCO representatives communicating to us that they were bringing in 500 people into the
area. They had people out that afternoon. We got updates from not only each of the companies
but also through our State Legislative Representatives. Sometimes the challenge was getting the
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information that was going into a central operations center out to the individual cities. Not that
the utility companies were not communicating.
Mayor Jordan: It wasn't just SWEPCO and Ozarks Electric; it was also the Governor's office,
the County Emergency office, etc. It was quite a week and they worked well with us.
Alderman Gray: I would suggest that in our disaster plan we put some calculated schedule of
when they are going to be reporting to the City. They would call and not be able to get through
and that would help if they could get through.
Mayor Jordan: We had a 24 hour hotline and it certainly was hot.
Alderman Petty: With my experience of dealing with SWEPCO during this outage I received
three updates a day from Mr. Cox. I was extremely thankful for that and I think they were about
as responsive and did as good of job as possible in an emergency like this.
Alderman Ferrell: I think we should leave the resolution as an atta boy rather than attaching
anything to it. He went on to give past experiences while working for a utility company.
Alderman Lucas: I know the frustration but in the emergency plan maybe we can have several
lines and get the word out that in that case people can call and find out what is going on.
Mayor Jordan: The first day we asked the staff for the emergency plan and we did not have a
very good one. I want the Council and citizens to know that the next time we will have an
emergency plan in place.
Alderman Thiel moved to approve the resolution. Alderman Petty seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 20-09 as Recorded in the office of the City Clerk.
Consent:
Approval of the January 20, 2009 City Council meeting minutes.
Approved
Bids for Bulk Construction Materials: A resolution awarding Bids # 09-02, # 09-03, # 09-05,
# 09-06, # 09-07 and Bid # 09-10 and approving the purchase of bulk construction materials and
services utilized by various divisions of the City of Fayetteville in the estimated amount of
$3,156,126.75.
Resolution 21-09 as Recorded in the office of the City Clerk.
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Bid # 09-08 Asphalt & Aggregate Materials: A resolution awarding Bid # 09-08 and
approving the purchase of asphalt and aggregate materials utilized by various divisions of the
City of Fayetteville in the estimated amount of $250,000.00 for the first quarter of 2009. .
Resolution 22-09 as Recorded in the office of the City Clerk.
Bid # 09-11 Southern Tire
Mart,
LLC: A resolution awarding
Bid # 09-I1 and accepting a
proposal from Southern Tire
Mart,
LLC to supply recap tires per
specifications outlined in the
bid for a period of one year with four automatic one-year renewals.
and approving a 5% project contingency in
Resolution 23-09 as Recorded in the office of the City Clerk.
Bid # 09-13
Neenah Foundry Company: A resolution
awarding
Bid # 09-13 and approving the
purchase
of 126 cast iron tree grates from Neenah
Foundry
Company in the amount of
$101,049.70;
and approving a 5% project contingency in
the amount of
$5,052.49.
Resolution 24-09 as Recorded in the office of the City Clerk.
Bid # 09-15 North Point Ford: A resolution awarding Bid # 09-15 and approving the purchase
of nine (9) Ford Crown Victoria Police Interceptors from North Point Ford of North Little Rock
in the amount of $197,091.00 plus approximately $7,000.00 per unit for up -fit items.
Resolution 25-09 as Recorded in the office of the City Clerk.
Bid # 09-16 Honda of Fayetteville: A resolution awarding Bid # 09-16 and approving the
purchase of two (2) Honda Elements from Honda of Fayetteville in the amount of $37,574.00 for
use by the Parks & Recreation and Community Resources/Code Compliance Divisions.
Resolution 26-09 as Recorded in the office of the City Clerk,
Environmental Consulting Operations, Inc. Amendment No. 3: A resolution approving
Amendment No. 3 to the contract with Environmental Consulting Operations, Inc. (ECO) in the
amount of $79,067.00 for final, post -construction and monitoring phase services for remaining
WSIP work relating to regulatory and environmental issues.
Resolution 27-09 as Recorded in the office of the City Clerk.
Municipal Court Lab Fines: A resolution approving a budget adjustment for the Fayetteville
Police Department in the amount of $11,043.00 to recognize revenue from Municipal Court Lab
fines for the purchase of alcohol testing equipment and supplies.
Resolution 28-09 as Recorded in the office of the City Clerk.
Cherokee Nation Reimbursement: A resolution approving a budget adjustment in the amount
of $675,000.00 to the Solid Waste Fund and recognizing like revenue from the Cherokee Nation
for reimbursement of costs associated with operation of the transfer station for 2009.
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Resolution 29-09 as Recorded in the office of the City Clerk.
Mark Grant Concession Stands: A resolution to approve a contract with Mark Grant D/B/A
Porky Chicks BBQ & Catering to operate the concession stands at Wilson Park Swimming Pool,
Gary Hampton Softball Complex, Lewis Street Soccer Complex and Lake Fayetteville Softball
Complex.
Resolution 30-09 as Recorded in the office of lite City Clerk.
ADM 08-3201 (The Culls II Tree Preservation Variance): A resolution to grant a variance of
Chapter 167 Tree Preservation and Protection, in accordance with § I56.03(C)(5) of the Unified
Development Code to allow approval of off-site tree preservation in -lieu of on-site mitigation.
Resolution 31-09 as Recorded in the office of the City Clerk.
Alderman Gray moved to approve the consent agenda. Alderman Lucas seconded the
motion. Upon roll call the motion passed 7-0. Alderman Thiel was absent during the vote.
Unfinished Business:
Amber -wood Place Appeal: An ordinance establishing a Residential Planned Zoning District
titled R-PZD 08-2965, Amberwood Place, located south and east of Double Springs and Dot
Tipton Road; containing approximately 39.98 acres; amending the official zoning map of the
City of Fayetteville; and adopting the associated master development plan. (This ordinance was
tabled at the September 2, 2008 City Council meeting to the September 16, 2008 City Council
meeting. This ordinance was tabled at the September 16, 2008 City Council meeting to the
October 7, 2008 City Council meeting. This ordinance was left on the Second Reading at the
October 7, 2008 City Council meeting. This ordinance was left on the Second Reading and then
tabled to the December 2, 2008 City Council Meeting. This ordinance failed at the December 2,
2008 City Council meeting.)
This ordinance was Re -considered at the December 16, 2008 City Council meeting and then
Tabled to the February 3, 2009 City Council meeting.
Jeremy Pate: The applicant requested to table this item to the March 3, 2009 meeting.
Hopefully by that point we will have reviewed the revised documents and you will have a copy
of those to review as well.
Alderman
Lucas
moved to
table the resolution to
the
March 3, 2009 City Council meeting.
Alderman
Lewis
seconded
the motion. Upon roll
call
the motion passed unanimously.
This ordinance was Tabled to the March 3, 2009 City Council meeting.
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Villas at Stonebridge Appeal: An ordinance establishing a Residential Planned Zoning District
Titled R-PZD 06-2170, Villas at Stonebridge, located south of Highway 16 East and east of Goff
Farm Road; containing approximately 53.03 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 2, 2008 City Council meeting. This ordinance was left on
the Second Reading at the December 16, 2008 City Council meeting.)
This ordinance was left on the Second Reading at the January 6, 2009 City Council meeting
and then tabled to the February 3, 2009 City Council Meeting.
Jeremy Pate: I also heard from the applicant of this item this afternoon and they have requested
that it be tabled to the next meeting which is February 17, 2009.
Alderman Thiel moved to table the resolution to the February 17, 2009 City Council
meeting. Alderman Ferrell seconded the motion. Upon roll call the motion passed
unanimously.
This ordinance was Tabled to the February 17, 2009 City Council meeting.
Arkansas Democrat -Gazette Agreement: A resolution approving agreements with the
Arkansas Democrat -Gazette — Northwest Edition for display and legal advertising.
This resolution was tabled at the January 20, 2009 City Council meeting to the February 3,
2009 City Council meeting.
Alderman Cook: As I stated the last time I will recuse from this conversation.
Alderman Ferrell: When this came through Agenda Session I had been thinking of the number
of no bid contracts that we talked about. I find no code, statute, or ordinance that prohibits a bid
for legal advertising from a second source in this area. I think it is fiscally more prudent to bid
for services where we can resulting in competition for business. There is a representative here
from the Morning News if you have questions.
Kent Eikenberry with the Morning
News: We
contend
that we are a newspaper of general
distribution and therefore meet all the
requirements
for legal
advertising.
Alderman Ferrell: My question was what do you consider a local paper and you are saying that
you have coverage and general circulation in the area?
Kent Eikenberry: That is correct.
Alderman Ferrell: Do you print legal notices for other cities or municipalities that do not have
a newspaper published in their town?
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Kent Eikenberry: I think it is a fairly common practice. He listed all the cities that run legal
notices in their paper.
Alderman Petty: We have data from the Times and the Morning News that is current as of
early November 2007. I am wondering if you could elaborate on any trends and subscriptions
and readership that you have seen over the past year since that study was completed.
Kent Eikenberry: I think metro newspapers are losing circulation at a much faster rate than
community newspapers are. The only way folks can learn about what is happening here is either
in their newspaper or our newspaper. There is still a service and most newspapers are
incorporating an online version. As far as legal notices we publish them all online and I am sure
the Democrat Gazette does also.
Alderman
Petty:
If we vote to enter a bidding process I
would just like to urge the rest of the
Council to
consider
online readership figures as well in the
discussion.
Alderman Thiel: Is there any way to ascertain the subscribers that each newspaper has in
Fayetteville?
Alderman Petty: It was placed in our boxes earlier but not in this packet.
Kent Eikenberry:
I know what my subscriber base is in Fayetteville and it is significantly less
than what theirs is.
We have
about 6,728 which is
a daily number. Our contention is you don't
have to reach
the most
people
you just
have to have
general distribution within the
community.
Alderman Lewis: So it comes down to the definition of a word as it is written in the ordinance.
City Attorney Kit Williams: Yes. Arkansas Code Annotated 14-55-206 is entitled Publishing
or Posting Requirements of all Ordinances. The statute use to read that it had to be published in
a newspaper of general circulation in the City and certainly you would qualify with that. It was
amended in 1993 and now it says that it must be published in some newspaper published in the
municipality. He went on to explain how he determined the definition of "published." He also
gave examples of legal liability issues that could occur if items were not published in the
Northwest Arkansas Times. He stated the safest route would be to stay with the newspaper that
is more likely to be considered to be published in Fayetteville and that is the Northwest Arkansas
Times.
Kent Eikenberry: My attorney disagrees with your attorney. I don't know how you define
published. Neither of the papers are actually published or printed by that definition in the City of
Fayetteville. Each community no longer has a newspaper of their own.
Alderman Lewis: The fact that it is organized and put together and finalized before it is sent to
press in Fayetteville is publishing. It would be supporting our local paper to put announcements
from the City in the local paper.
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Alderman Rhoads: I don't think I am too hung up on published but what makes my vote is I
believe the statutes are meant to give as many people as possible notice of what is going on.
Therefore I am always going to vote for the paper that has the largest distribution and circulation
unless the price goes sky high.
Kent Eikenberry: That is what we want you to do. We want you to put this to bid and look at
their proposal based on their circulation and online readership. Look at ours and look at the
numbers and do what is right for the City of Fayetteville.
Alderman Petty: I wonder if we could seek an opinion from the Attorney General.
Alderman Rhoads: I don't think that is necessary.
Alderman Ferrell: Kit when you talked about Fort Smith in the newspaper, did the newspaper
or the City do something wrong?
City Attorney Kit Williams: Certainly the City did something wrong by not publishing it in the
paper as required by the statute that I read.
Alderman
Ferrell:
What is the
nexus then between the City and the newspaper doing
something
wrong and
the liability?
City Attorney Kit Williams: The liability would be that if they determine that this is not a
newspaper published in Fayetteville then we have done something wrong. It would not be the
newspaper.
Alderman Rhoads: Is the case that the City never published in the first place or they published
in the wrong paper?
City Attorney Kit Williams: They did not publish period.
Alderman
Ferrell:
This is a chance
for a bid contract and I would respectfully move that we
amend the
resolution
to bid this.
Alderman Ferrell moved to send this item out to bid. Alderman Petty seconded the motion.
Alderman Lucas: This law that you are talking about, is it a city of a certain size that is
required to do this or how do these other cities that do not have a newspaper published in their
city do it?
City Attorney Kit Williams: I am only talking about First Class Cities. Unless someone
challenges an ordinance and claims that it was not published properly then you can rock along
for many years. The only time you would find out the bad news is when you would get sued by
someone over a major bond ordinance or some other ordinance that required a lot of money.
Under the law if you do not have a newspaper you can just post it five places in town. We do not
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Page 13 of 21
have that option. He went on to read the definition of "publish." He also pointed out where each
newspaper was published.
Alderman Thiel: I recall that we did have all the bid information from both newspapers and it
was getting confusing to everyone as to what they wanted to base their vote on. I agree with
Robert. I am going to go with who I feel like has the largest circulation and gets the word to
most of the people in Fayetteville.
Alderman Lewis: The thing about
going to
bid, it seems
like
we
have all
the information that
we would get during a bid process so
it seems
redundant to
take
this
to a bid
process.
Alderman Ferrell: I would say that it is ambiguous on the interpretation of "published."
Although it is very prudent to us to have Counsel and seek advice from the Counsel, sometimes
we can be too passive.
Mayor Jordan: Is there a representative from the Arkansas Democrat Gazette/NWA Times?
Jim Blankenship with the Democrat Gazette/NWA Times stated you are looking at the
newspaper with the most circulation. All of the time when it comes to who is most expensive
doesn't necessarily mean they are not the most cost effective in the advertising business. Words
are words but we publish a physical newspaper and this market is extremely lucky to have two
very good newspapers.
Don Marr: The City of Fayetteville actually publishes more than is required by law. If you are
going to go to bid I think it is important that the Council give staff some direction on whether
you want to continue the policy of advertising everything that we do. You can make a decision
to split your advertising where you have advertising for your ordinance requirements and things
that you want to ensure the largest readership and do meeting notices in a lower cost perspective.
Alderman Ferrell: Do you know who made the decision to do more than what was necessary in
the advertising?
David Jurgens: There are certain notices that we are required to publish by the State on EPA,
ADEQ, and the Health Department that have to go out in a newspaper of statewide distribution.
That is a decision that is sometimes forced upon us. That is one of the flexibilities we have with
the Democrat Gazette.
Paul Becker: I wanted to reiterate that circulation of the Arkansas Democrat Gazette is
approximately 2 '/2 times the circulation.
City Attorney Kit Williams: You are talking about only in Fayetteville?
Paul Becker: That is correct.
After discussion Alderman Petty withdrew his second to the previous motion to send this
item out to bid.
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Alderman Lucas: Usually I would agree with going out for bids but there are just too many
other things that we have to consider on this.
Alderman Ferrell: I was just trying to save us money.
Alderman Petty:
If we accept
this
contract are we
locked into still publishing all the non
required material or
can we revisit
that
ongoing.
column inch
Paul Becker: Under this particular contract it is a cost per column inch however we would be
locked into publishing for a one year period.
Don Marr: Typically pricing is based on the volume of advertising.
Alderman Lucas: It is per inch so we can publish anything we want.
Don
Marr: We have a representative from the Democrat
Gazette
here tonight
so you might ask
them
that if you reduce
the volume of printing will it affect
the per
column inch
price.
Jim Blankenship: We have different contract levels based on different commitments so I would
need to know what we were talking about. If we are close we could hold pricing.
City Attorney Kit Williams: The way I look at the contract it looks like we are committed to
4,500 inches. Evidently we could cut out a lot and still meet these 4,500 inches.
Alderman Ferrell: I appreciate both representatives from the papers being here and we had a
good dialogue about this.
Alderman Petty: If we have quite a bit of wiggle room in the contract already then I would like
to suggest we just go ahead and move forward. I want to let Don know I have intentions of
working with staff to start publishing summaries for the unrequired information and utilizing
more online resources.
Alderman Rhoads moved to approve the resolution. Alderman Lewis seconded the motion.
Upon roll call the resolution passed 7-0. Alderman Cook recused.
Resolution 32-09 as Recorded in the office of the City Clerk.
Public Hearings:
Mayor Jordan opened the Public Hearing
Down Under Taxi: A resolution granting a Certificate of Public Convenience and Necessity to
Down Under Taxi for the operation of up to ten (10) taxicabs in the City of Fayetteville,
Arkansas.
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Captain William Brown gave a description of the taxi service. As of right now he wants to test
the market with one cab.
Alderman Lewis: I am curious about mileage. I am looking at the type of cars that you are
interested in using. We would like to be a sustainable city and so I am looking at what type of
car you are interested in having.
Jason Campbell, owner of Down Under Taxi: I just purchased a 2008 Chevy Outlander. It has
a capacity of seating seven people.
Alderman Lewis: It says in your application you are looking to have ten eventually.
Jason Campbell: Yes ma'am and I am probably going to stick with the same type of vehicle all
the way through.
Alderman Petty: Do you educate your drivers with best practices for fuel efficiency?
Jason Campbell: Absolutely. I also own a small trucking company and this is just a branch out
from the company.
Alderman Petty: Could you elaborate on some of the best practices you train your driver with?
Jason Campbell:
Not hot
rodding around
the area.
Alderman Ferrell
moved
to approve the
resolution. Alderman Thiel seconded the motion.
Alderman Lewis: I would like to see the City begin to require that any new businesses coming
in use sustainable practices. Do we have any options on that?
City Attorney Kit Williams: On this particular hearing we do not. This is just a hearing to
grant a Certificate of Public Convenience and Necessity so basically you all are to determine
whether or not a taxi cab is needed in Fayetteville, not what kind of cab. You can go back and
look at your taxi cab ordinance and put in different requirements but I would want to research
that a little bit.
Alderman Lewis: I agree that there is a need for taxis but I am looking to do that kind of thing.
Alderman Thiel: I appreciate where you are coming from but this is not the time to discuss
that. I think those are issues that Kit would have to review as whether or not we can start all over
with a new ordinance.
Alderman Rhoads commented on Alderman Petty's and Lewis's efforts to create sustainability.
The writing is on the wall that if you want to do business in Fayetteville that will probably come
up in the course of trying to do business in Fayetteville.
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Alderman Ferrell: I think we ought to start at home on that. We have Solid Waste trucks that
get two miles to the gallon. I would like to see us set an example for the public.
Upon roll call the resolution passed unanimously.
Resolution 33-09 as Recorded in the office of the City Clerk.
Mayor Jordan closed the Public Hearing
New Business:
R-PZD 08-3170 (The Coves at Walnut Crossing Phase III): An ordinance establishing a
Residential Planned Zoning District Titled R-PZD 08-3170, The Coves at Walnut Crossing
Phase III, located at the western edge of the City of Fayetteville city limits and north of Highway
62; containing approximately 10.51 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 description of the ordinance. He stated that the Planning Commission
voted 8-0 in favor of this request and staff is recommending approval.
Alderman Lewis: You mentioned there was a 1,000 foot grassy ditch being used as the
stormwater transport. Is that the only stormwater mechanism in place aside from the curbs and
gutters?
Ron Petrie, City Engineer: In underground drainage along the street there are several areas
where we have pipes. But to transport it from the subdivision, the development itself is
discharging directly into the City of Farmington. There is about a 1,000 foot distance between it
and the Farmington Branch Creek. From the subdivision itself to the creek the proposal is now
an open grass swell.
Alderman Lewis: In Fayetteville there is not a lot of area to deal with the stormwater from this
subdivision?
Ron Petrie: Not the way it is presented to you no.
Alderman Lewis: Is there any way to create some conditions of approval? It's like we just pipe
our stormwater into the creek. When you have a direct shoot it just blows into the Farmington
Branch and causes erosion and increases sedimentation and goes into the Illinois River
watershed. What are the options as far as engineering that could be done for that?
Ron Petrie:
Some of the items we could
do are on the discharge. Instead of having
this
specifically on swells to handle flows, you
widen it out and slow down the water. In
most
instances we
use detention ponds and in some
instances they are not required
such as this.
This
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is something
that
we are
discussing a lot
as
far as
changing our
drainage manual in the next one
or two years.
We
will be
looking heavily
at
those
sorts of items.
motion
Alderman Lewis: The reason I am concerned is because only a part of it is in Fayetteville and
so when it gets into Farmington are they going to be as concerned about that stormwater as what
we would be?
Kim Hesse with Rausch Coleman Homes gave a brief demonstration and displayed drawings to
the Council which explained the overall plan. She stated I do not think you are going to have
erosion. We own the property and this will all be a drainage easement so we defer to maintain it
and the flood levels. Since this does go through Farmington they have to approve it.
Aubrey
Shepherd, a
citizen stated I hope
they are able to follow through on this and that it
becomes
a model for a
lot of other things in
similar areas.
Alderman Lewis: I would like to say thank you Kim. I really appreciate your efforts.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman Lewis
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman
Lucas moved
to suspend
the rules
and
go
to the
third
and final reading.
Alderman
Lewis seconded
the motion.
Upon roll
call
the
motion
passed
unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Petty: I like the way that stormwater is being managed here and I understand that it
is subject to Farmington's approval. I would like to point out to the Administration that this
could be an opportunity to better our relationship with Farmington if we pursue something
proactively with them.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5216 as Recorded in the office of the City Clerk
MediaStar, Inc: An ordinance waiving the requirements of formal competitive bidding and
approving the purchase of a broadcast video server, production system and training from
Mediastar, Inc. in the amount of $27,375.87.
City Attorney Kit Williams read the ordinance.
Neal Billie, Production Technician gave a brief description of the video server and production
system.
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Alderman Cook: If you filled up your server, how long is it going to take to fill this one up?
Neal Bilbe: Our current server now holds 110 hours. The Media Star Company states that this
is 150 hours. Cox Communications encodes our channel at half that rate so we are able to
double that to 300 hours. This should do us quite well for sometime.
Alderman Petty: Whenever you have to pull off an old program does that get archived
anywhere?
Neal Bilbe: All meetings are archived on DVD's as normal course. Programs that we produce,
a majority of them are saved on DVD's and are archived. Some programs that have no useful
purpose beyond the date such as library promos or construction updates will never be played
again and will never be saved.
Alderman Petty: If there is one thing the PEG Center needs it is more updated equipment and
integrated systems.
Neal Bilbe: Thank
you. If at any
point
you would like to see the system or any other detail
please call and I will
be happy to set
aside
some time for you.
Alderman Lucas 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 Lucas moved to suspend the rules and go to the third and final reading.
Alderman Gray seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5217 as Recorded in the office of the City Clerk
Access Management Plan Agreement: A resolution adopting the Access Management Plan
Agreement as prepared by the Arkansas Highway & Transportation Department (AHTD) for
Highway 265 between Township Street and Ivey Lane.
Ron Petrie gave a brief description of the agreement.
Alderman Cook: This was at the Street Committee and I thought that Ron and staff did a great
job on it. It certainly mirrors our current Access Management Policy and we are going to use
this as we move forward on Highway 265 in the future.
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Alderman Ferrell: This passed unanimously at the Street Committee. I just wanted to point out
that this required an amendment to the Master Street Plan which is a tool. We changed the
Master Street Plan for Highway 265 so that does come about and we do have to do it.
Alderman Cook moved to approve the resolution. Alderman Lucas seconded the motion.
Upon roll call the resolution passed unanimously.
Alderman Ferrell: I just want to applaud the staff again for meeting with the businesses and
citizens and getting the State together and coming out with the best deal we could there. They
came up with something we could live with.
Resolution 34-09 as Recorded in the office of the City Clerk.
Asphalt Materials: An ordinance waiving the requirements of formal competitive bidding
during the second, third, and fourth quarters of 2009 for the purchase of asphalt materials for use
by the Transportation Division.
Terry Gulley, Transportation Manager gave a brief description of the item. He stated we will
take bids at each quarter. This is just to forgo the formal bid procedure so that we can streamline
the process. We are trying to stabilize the bids through a longer period of time of 90 days each
time.
City Attorney Kit Williams read the ordinance.
Alderman Cook moved to suspend the rules and go to the second reading. Alderman Petty
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 Gray seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5218 as Recorded in the office of the City Clerk
Amend 2009 Budget: A resolution to amend the 2009 adopted budget by rebudgeting
$72,664,652.00 in bonded or ongoing. capital projects and $1,594,558.00 in outstanding
obligations and grant funded items.
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Paul Becker gave
a brief description
of the item.
He stated this is to re -budget most
capital
programs from the
2008 Budget to the
2009 Budget.
the motion
passed unanimously.
Alderman Ferrell: Was there any budget money carried forward that was budgeted last year for
personnel that was not spent?
Paul Becker: No.
Alderman Cook moved to approve the resolution. Alderman Thiel seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 35-09 as Recorded in the office of the City Clerk.
Amend Chapter 51, Water and Sewers: An ordinance to amend Chapter 51 Water and Sewers
of the Fayetteville Code by amending § 51.140 (B) Termination by adding a definition of
"Customer."
City Attorney Kit Williams read the ordinance.
Paul Becker gave a brief description of the amendment. He stated currently we have a situation
where we could have customers with multiple accounts. There could be certain accounts past
due on other accounts and all we can do is try to collect on the accounts which are past due. This
would allow us with the Mayor's authorization to cut off an account which may be current if that
particular customer has multiple accounts which are past due. It would ensure collection and
solve some problems for us.
Alderman Cook: I just want to make sure everyone understands. This ties back to the person
that has the water service. This does not fall back on the landlord. It falls back on the person
who originally started the service.
City Attorney Kit Williams: What this does is links them to any other accounts that they might
have and right now we have no linkage and have no way to enforce it if they stop paying one but
are still getting water service in another location.
Alderman Petty: I want to thank the Administration for acting so quickly on this. I think this is
definitely a step in the right direction.
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 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.
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City Attorney Kit Williams read the ordinance.
Mayor Jordan: I want to thank you all very much.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5219 as Recorded in the office of the City Clerk
The meeting adjourned at 8:45 PM
Z/
Q4-XV04� z n
1, Mqy6j1 Sondra E. Smith, City Clerk/T re asurer
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