HomeMy WebLinkAbout2010-10-19 MinutesMayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City of Fayetteville Arkansas
City Council Meeting Minutes
October 19, 2010
City Council Meeting Minutes
October 19, 2010
Page 1 of 10
Aldermen
Ward 1
Position 1
—Adella Gray
Ward 1
Position 2
— Brenda Thiel
Ward 2
Position 1
— Kyle B. Cook
Ward 2
Position 2
— Matthew Petty
Ward 3
Position I
— 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 October 19, 2010 at 6:00 p.m. 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, Ferrell, Lucas, Mayor Jordan, City
Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Alderman Rhoads and Alderman Lewis
Pledge of Allegiance.
Mayor's Announcements, Proclamations and Recognitions: None
City Council Meeting Presentations, Reports and Discussion Items: None
Agenda Additions: None
Consent:
Approval of the October 5, 2010 City Council meeting minutes.
Approved
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Page 2 of 10
Riggs Cat of Springdale: A resolution authorizing purchase of a Caterpillar 236B3 skid steer
loader from Riggs Cat of Springdale pursuant to a competitive bid, through the National Joint
Powers Alliance (NJPA) cooperative purchasing agreement, in the amount of $36,727.00 for use
by the Solid Waste Division, and approving a budget adjustment.
Resolution 176-10 as recorded in the office of the City Clerk.
Williams Tractor of Fayetteville: A resolution authorizing purchase of a Bobcat S330 skid
steer loader from Williams Tractor of Fayetteville pursuant to a competitive bid, through the
National Joint Powers Alliance (NJPA) cooperative purchasing agreement, in the amount of
$42,738.00 for use as part of wastewater treatment plant biosolids solar drying operations.
Resolution 177-10 as recorded in the office of the City Clerk.
Countryside Farm and Lawn of Springdale: A resolution authorizing purchase of a John
Deere 7230 110 HP tractor with #741 loader from Countryside Farm and Lawn of Springdale
pursuant to a competitive bid, through the National Joint Powers Alliance (NJPA) cooperative
purchasing agreement, in the amount of $78,616.20 for use as part of wastewater treatment plant
biosolids solar drying operations, and approving a budget adjustment.
This resolution was removed from the Consent Agenda.
Kim Hoadley Construction: A resolution awarding bid and authorizing a contract with Kim
Hoadley Construction in the amount of $33,896.00 for purchase and installation of an outdoor
cooler/freezer in a public facility building (Fayetteville Senior Center) through the Community
Development Block Grant program (CDBG).
Resolution 178-10 as recorded in the office of the City Clerk.
Animal Services Donation: A resolution approving a budget adjustment in the amount of
$10,115.00 to recognize donation revenue to Animal Services during the third quarter of 2010.
Resolution 179-10 as recorded in the office of the City Clerk.
Alderman Ferrell asked that Countryside Farm and Lawn of Springdale we removed from
the Consent Agenda.
Alderman Gray moved to approve the Consent Agenda with Countryside Farm and Lawn
of Springdale removed from the Consent Agenda and Tabled to the November 2, 2010 City
Council meeting. Alderman Lucas seconded the motion. Upon roll call the motion passed
6-0. Alderman Rhoads and Lewis were absent.
The following item was removed from the Consent Agenda and then Tabled to the
November 2, 2010 City Council meeting.
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Countryside Farm and Lawn of Springdale: A resolution authorizing purchase of a John
Deere 7230 110 HP tractor with #741 loader from Countryside Farm and Lawn of Springdale
pursuant to a competitive bid, through the National Joint Powers Alliance (NJPA) cooperative
purchasing agreement, in the amount of $78,616.20 for use as part of wastewater treatment plant
biosolids solar drying operations, and approving a budget adjustment.
Alderman
Ferrell moved to table the resolution
to the
November 2,
2010 City Council
meeting.
Alderman Lucas seconded the motion.
Upon
roll call the
motion passed 6-0.
Alderman
Rhoads and Lewis were absent.
Unfinished Business:
2010 Millage Levy: An ordinance levying a tax on the real and personal property within the City
of Fayetteville, Arkansas for the year 2010 Fixing the rate thereof at 1.3 mills for general fund
operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's
Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same
to the County Clerk of Washington County, Arkansas. This ordinance was left on the First
Reading at the October 5, 2010 City Council meeting. A motion to increase the millage by .3
mills was Tabled to the October 19, 2010 City Council meeting.
Alderman Petty moved to suspend the rules and go to the second reading. Alderman Cook
seconded the motion. Upon roll call the motion passed 6-0. Alderman Rhoads and Lewis
were absent.
City Attorney Kit Williams read the ordinance.
Paul Becker, Finance Director: As presented the millage would be the same as was levied last
year. The general fund budget has an estimated revenue of $32.4 million. The expenditure
budget was approximately $33.9 million. There is a short fall of approximately $1.5 million.
That is keeping the revenues level for next year with what we expect them to end up this year.
Over the last two year period we have reduced the General Fund budget by $2.6 million. A net
of $2 million because we had to make some increases of about $600,000.
We had a discussion and a presentation on September 23`d The options were to cut operating
expenses, which we already have to the level that we believe we cannot cut any lower, without
reducing delivery of services to the public and reducing personnel. Another option would be to
use reserves, which was the Mayor's recommendation, to cover the $1.5 million. The other
option was to cut the sales tax capital program and make a transfer to the general fund to cover
the short fall. The last option is millage and what we do with millage. The Mayor's original
proposal is to keep the millage the same as last year and to cover the short fall with reserves.
As we discussed and deliberated with the Council the Mayor got the sense the Council was
uncomfortable using all the discretionary reserves to cover this. At the October 12th meeting we
looked at the possibility of cutting capital. We identified certain projects we felt could be
deferred. Those projects total to about $1 million. That $1 million could be transferred to the
general fund which would reduce the amount of reserves that we would have to use. The
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Mayor's recommendation is to transfer up to $1 million out of the capital program into the
general fund and using the balance of reserves to cover the short fall.
Motion to increase the millage by .3 mills was Tabled to the October 19, 2010 City Council
meeting.
City Attorney Kit
Williams: What
is before the City
Council right now is the motion that was
made by Alderman
Cook to increase
the millage by .3
from 1.3 mills to 1.6 mills. It was tabled
to this meeting and
is automatically off
the table now.
Gray, and Thiel
Alderman Cook: I didn't want to use up the last of the reserves. My idea was to get a little bit
of millage, use a little bit of budget cuts, and use a little bit of reserves. My proposal is .3 mills
which is roughly $350,000. We have identified up to $1 million that we can probably change
within the budget and then the balance of that would come out of reserves. I am hoping things
turn around and we do not have to worry about it next year but you never know. I want to have a
little reserve left.
Alderman Thiel: I agree with Kyle about supporting diversifying the City's revenue stream and
using increased millage at some point. 1 have thought about it and feel like this is not a good
time to do that. The school millage was just passed and the .3 mill is not going to make a great
deal of difference. We've looked at some capital projects that we can use and I feel at this time
we should leave it like it is. I don't want to use our reserves but I feel like we have some capital
fund projects that can be shifted over into the operational side. I don't believe I will support this
at this time.
Alderman Gray: 1 cannot support an increase in millage at this time. It's a very difficult time
for folks making ends meet and I don't feel this is the time for a millage increase. The Council
can change the amount we have to keep in reserves. That action was taken by the Council and it
can be changed by the Council. I have heard constituents say we have reserves to use in times
like these. I would suggest we use reserves and not raise the millage at this time.
Alderman Petty: I gave this serious consideration because while we have cut almost $2.5
million from the operations side of the budget I am still uncomfortable in depleting all of the
undesignated reserve funds. I am thankful for your suggestion because it led to us identifying up
to $1 million more in capital cuts. If we do that then the remainder of the deficit would only be
about $400,000 or $500,000. I'm not going to support it at this time.
Mayor Jordan asked shall
the amendment pass.
Upon
roll call
the amendment
failed
2-4.
Alderman Cook and Lucas
voting yes. Alderman
Petty,
Ferrell,
Gray, and Thiel
voting
no.
The amendment to increase the millage failed.
Alderman Petty moved to suspend the rules and go to the third reading. Alderman Gray
seconded the motion. Upon roll call the motion passed 6-0. Alderman Rhoads and Lewis
were absent.
City Attorney Kit Williams read the ordinance.
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Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Rhoads and Lewis were absent.
Ordinance 5360 as Recorded in the office of the City Clerk
New Business:
ADM 10-3672 (Forest Hills R-PZD Modification No. 1): An ordinance amending a
Residential Planned Zoning District entitled R-PZD 07-2793 Forest Hills to allow modification
to the approved setback criteria for planning area four, as described herein.
City Attorney Kit Williams read the ordinance.
Jesse Fulcher, Current Planning gave a brief description of the amendment. He stated staff is
supportive of the request.
Alderman Lucas: This is on the back, this is not on the main road, it is to the allies.
Jesse
Fulcher:
Exactly,
anywhere there is a rear setback.
Those rear setbacks only
occur along
the
allies.
Alderman Lucas moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed 6-0. Alderman Rhoads and
Lewis were absent.
City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third reading. Alderman Lucas
seconded the motion. Upon roll call the motion passed 6-0. Alderman Rhoads and Lewis
were absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Rhoads and Lewis were absent.
Ordinance 5361 as Recorded in the office of the City Clerk
Fayetteville Government Channel Policy:
A resolution
to adopt a
new Mission Statement,
Goals Statement and Operating Policies for the
Fayetteville
Government
Channel.
Fritz Gisler, Government Channel Manager: Several months ago the subcommittee for the
Government Channel Policy Telecommunication Board began to have meetings regarding the
policy of how the Government Channel is programmed and the operational policies of different
aspects of the channel. I was asked to research best in class government channel operations and
other government channel operations across the country and to look at developing a government
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channel policy that would help position our Government Channel to be the same. Throughout
that process I received input from several different stakeholders including staff members,
members of the Telecommunications Board, and members of the public. I put together a
Government Channel policies draft document that I distributed to the members of the
Telecommunication Board in June. In September the Telecommunication Board, at their regular
meeting, considered both that policy document and an additional policy document that had been
looked at by the subcommittee. They voted 3-1 in support of the policy that is now before you.
The Telecommunication Board endorses and supports the policy that is on your agenda as does
staff.
The primary differences are in the areas of programming priority and request for programming.
Programming priority in the current policy is somewhat vague as to the priorities of programs.
This new policy will help us prioritize programming to be more in conjunction with directives
from the City Council. The policy you have before you gives the Government Channel an
opportunity to incorporate new technologies and new ways of doing things. It gives us the
flexibility to respond to things on a day to day .basis so we can be more responsive and
accessible.
Alderman Thiel: There was another amended version was that more like the original?
Fritz Gisler:
The other one was closely
patterned
after a policy document that was in effect in
2004.
when
it was available for them to
review for a
Alderman Thiel: It went way back.
Fritz Gisler: Yes ma'am.
Alderman Ferrell: This reflects some positive organization that benefits all of the citizens,
thank you.
Fritz Gisler: Thank you, sir.
Marvin Hilton, a Fayetteville resident recommended that the proposed policy be sent back to
the Telecommunication Board for review by the subcommittee. The Telecom Board
subcommittee did not review this policy. It erases several years of refinement in a policy that
creates transparency at citizen participation. The policy included citizen request for FOIA
meetings and issue forums. This proposed policy does not encourage transparency and it does
not include citizen requests. It pretty much lets city staff have total programming content
discretion. Why wouldn't you want to televise an FOIA meeting requested by a citizen? Why
wouldn't you want to televise an issue forum requested by a citizen about a government issue?
The version that the Telecom Board subcommittee worked on for months was a refinement of
this policy that creates transparency and citizen participation. The Telecom Board only reviewed
the proposed policy superficially.
He reviewed the differences in the two policies.
Alderman Petty: Why was
the policy not
reviewed by the Telecom
Board
subcommittee
when
it was available for them to
review for a
number of months? You
stated
the Telecom
Board
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Page 7 of 10
considered this only superficially, is there an explanation for that? You are a member of the
Telecommunication Board?
Marvin Hilton: I was a member until the last nomination. I applied but was not nominated. I
believe the people on the subcommittee did not take the policy written by the City very seriously.
It was so different from the policy they had been working on for months. I believe the plan was
to forward the one the subcommittee had been working on. They could be faulted for not
making that clear.
Alderman Petty: What makes you think they would take it seriously if we sent it back a second
time?
Marvin Hilton: I believe if you looked at both of those policies and compared them phrase by
phrase and how that would have an overall effect on transparency and citizen participation I
believe it would become clear that the one by the Telecom Board subcommittee would be the
preferred policy.
Alderman Petty: Thanks for answering.
Marvin Hilton: We are operating in an atmosphere and environment where most cities operate
a government channel where it is considered quite common for the city administration and city
staff to determine the programming content. It's a good idea for the citizens to have an input in
the process.
Alderman Petty: Thank you for answering my questions.
Alderman Ferrell: The Telecom Board in the last 10 years seems to have a significant turn
over more so than other committees. What would you attribute that to?
Marvin Hilton: To really understand the issues is a lot of work. It's a lot easier to not have to
review it in great detail. It's too bad the Telecom Board couldn't be paid maybe at least half of
what the City Council gets because they have a lot of work to do. It's a very broad and very
complex subject.
Alderman Ferrell: Thank you.
Jim Bemis: You have received my notes and you know where I stand on this. I urge the
Council to appoint an ad hoc Telecommunications Committee as they did in 2003. My
recommendation is to turn it back to the board and its subcommittee and do a detailed discussion.
They can bring you a policy that can be worked out that might include both policies. The policy
presented by the City is an operational policy. It could serve as a procedures document for city
staff.
Alderman Gray: Do you recall that the Council asked for the board to come forward?
Jim Bemis: Yes, it was in 2008 and at that time you were presented a policy. There was
discussion about the 2008 policy regarding some procedural issues involved in the development
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Page 8 of 10
of that policy. You asked the Telecom Board to come back with a revised policy not the city
staff.
Alderman Gray: Do you recall at that time how long you all thought it might take?
Jim Bemis: We had no way to know how long it would take.
Aubrey Shepherd, Chairman of the Telecommunication Board: I voted against this document
because we had not publicly reviewed the words in the document. The reason we did not have
any subcommittee meetings in the past three months is because we were told they would not be
recorded and televised.
Alderman Ferrell: Would you say it was accurate that several Telecom Board members that
left the Telecom Board said the reason they left was extreme frustration.
Aubrey Shepherd: I won't deny that. I suspect that's true
Don Marr, Chief of Staff: I think there have been some statements made that imply actions of
run around by city staff that are not true. This policy went to the Telecom Board three months
prior to a vote taking place. It was at your direction that we reduce overtime and to use resources
for the primary meeting policies that you outline. The Telecom Board is the only city committee
that meets in Room 219 and has their meetings live. The reason issue forums are not included in
this policy is because the City Council has voted on issue forums. Any citizen can be trained to
have programs on the Community Access Channel. There is no requirement to film an FOIA
meeting.
Alderman Ferrell: On more than one occasion I can remember having dialog about the fact that
the Telecom Board was between being an advisory board and a policy setting body. They're not
a policy setting body, they're an advisory board. The policy making body sits right here.
Mayor Jordan: There is nobody that has fought for citizen participation or open door
government more than I have and will continue to do so. I came into office and we have been
waiting on the Telecom Board for over two years to develop a policy. We got absolutely
nothing. This may not be a perfect document but I find it somewhat offensive to be accused of a
government take over of a channel that I have no intensions of taking over. I want to make it
better and promote it for all citizens everywhere. There needs to be some structure and some
changes and if you send it back to the Telecom Board you will be waiting another two years to
vote on another policy.
Alderman Petty: I couldn't agree more. We gave the Telecom Board three months to take a
look at this and we have to trust that at least the members that were willing to attend the
meetings did their do diligence. The reason I don't feel comfortable sending it back is because I
don't have a lot of confidence in the Telecom Board to conduct their business in a timely or
effective manner. Those are my observations during my two years on the Council. The Telecom
Board is supposed to produce quarterly reports?
Don Marr: Quarterly and yearly.
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Page 9 of 10
Alderman Petty: I haven't seen any of those in my two years. I hope with these comments
tonight the Telecom Board can maybe change the way they are doing business and be a little bit
more effective in the future.
Alderman
Ferrell
moved to
approve the
resolution. Alderman
Thiel
seconded the motion.
Upon roll
call the
resolution
passed 6-0.
Alderman Rhoads and
Lewis
were absent.
Resolution 180-10 as recorded in the office of the City Clerk.
Support Constitutional Amendment No. 2: A resolution to support the passage of referred
Constitutional Amendment No. 2 which would eliminate the limit on the interest rate of 2%
above the Federal Reserve Rate for tax supported government bonds and of 5% above Federal
Reserve Discount Rate for revenue bonds and for consumer loans subject only to the
Constitutional Limit of 17%.
Alderman Ferrell: I handed out a list of the cities across the state that are supportive of the
amendments.
Steve Clark, President of the Fayetteville Chamber of Commerce gave a brief description of
Constitutional Amendment No. 2 and Amendment No. 3. He stated over 70 cities or counties
that have endorsed these amendments. He stated this will help attract capital for city projects. He
urged the Council to vote positively and adopt a resolution supporting the passage of issues two
and three. Amendment No. 3 will allow Arkansas to give incentives to new industries.
Stephen Smith, President of the Northwest Arkansas Labor Council and resident of Ward 2
spoke in opposition of both amendments. He stated this will send a troubling message to
working families in NW Arkansas. It says their will be no limit on the interest that the cities will
pay on these bonds. It might make municipal bonds easier to sell it also makes them more
difficult to pay off. Proposed Amendment No. 2 would remove all power from the people in
voting on the issuance of bonds.
Alderman Cook: I appreciate Mr.. Smith's comments. At this point I don't want to support
these because I am going to vote on them in November. I don't want to make a stand on these
because I am still collecting information. I'm not willing to support this resolution.
Alderman Thiel: I've always been reluctant as a council member to endorse State or National
legislation. Both gentlemen have brought out some good points but this is something we are
advocating the public to do. The public will vote on this. I feel reluctant to support these
resolutions at this time.
Alderman Petty: I don't know where I stand on it because I haven't had the time to investigate
to an appropriate depth.
Alderman Ferrell: Professor Smith was talking about the possibility of the interest rates and
legislature being the ones where this is going to be decided. The market is going to drive what
the interest rates are. In the business environment we are in today it is now and will continue to
be critical to be able to attract capital.
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Page 10 of 10
Alderman Lucas: This is something that Arkansas has held on to for many years but I think for
the City of Fayetteville we need to have the option if we are going to bring business in here. I
support this.
Alderman Petty moved to table the resolution indefinitely. Alderman Thiel seconded the
motion. Upon roll call the motion passed 4-2. Alderman Cook, Petty, Gray, and Thiel
voting yes. Alderman Ferrell and Lucas voting no. Alderman Rhoads and Lewis were
absent.
This resolution was tabled indefinitely
Support Constitutional Amendment No. 3: A resolution to support the passage of referred
Constitutional Amendment No. 3 to amend Amendment No. 82 of the Arkansas Constitution by
removing the Constitutional requirements for an eligible Economic Development Project.
Alderman Petty: I want Alderman Ferrell to know that I don't want to shoot this down and give
the public the perception that they shouldn't vote for it. At the same time I'm not confident on
giving them a recommendation.
Alderman Petty moved to table the resolution indefinitely. Alderman Thiel seconded the
motion. Upon roll call the motion passed 4-2. Alderman Cook, Petty, Gray, and Thiel
voting yes. Alderman Ferrell and Lucas voting no. Alderman Rhoads and Lewis were
absent.
This resolution was tabled indefinitely
Announcements:
Alderman Lucas announced Ward 4 will not have a meeting on Monday night. She encouraged
everyone to attend the Town Hall meeting at the Boys and Girls Club at 7:00 p.m.
Meeting adjour ed at 6:45 p.m.
LionAd Jcddan, M r Sondrandra E. Smith, City Clerk/Treasurer
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