HomeMy WebLinkAbout2007-07-17 MinutesMayor Dan Coody
City Attorney Kit Williams
City Clerk Sondra Smith
ARKANSAS
City of Fayetteville Arkansas
City Council Meeting Minutes
July 17, 2007
City Council Meeting Minutes
July 17, 2007
Page I of 18
Aldermen
Ward'1 Position I
— Adella 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 l
— Shirley Lucas
Ward 4 Position 2 —
Lioneld Jordan
A meeting of the Fayetteville City Council was held on July 17, 2007 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, Jordan, Mayor Coody,
City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Alderman Lucas
Pledge of Allegiance
Hugh Earnest invited the City Council to a celebration of the near completion of the Seven Hills
Shelter. He thanked the Council for their support in. the land lease.
Mayor Coody read an appreciation note that was received from ICLEI for the City of
Fayetteville hosting the 2007 ICLEI National Climate Workshop.
CONSENT:
Approval of the June 19, 2007 City Council meeting minutes.
Approved
Golden Circle Ford, Bid # 07-51: A resolution awarding Bid # 07-51 to Golden Circle Ford of
Jackson, Tennessee for the purchase of one (1) mid-size regular cab dump truck in the amount of
$40,898.14 for use by the Transportation Division.
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Resolution 123-07 as Recorded in the office of the City Clerk
Landers-McClarty Ford, Bid # 07-52: A resolution awarding Bid # 07-52 to Landers-
McClarty Ford for the purchase of one (1) crew cab utility body truck with crane in the amount
of $50,285.14 for use by the Transportation Division.
Resolution 124-07 as Recorded in the office of the City Clerk.
Landers-McClarty Ford, Bid # 07-53: A resolution awarding Bid # 07-53 to Landers-
McClarty Ford for the purchase of one (1) regular cab 4x4 utility body truck with crane in the
amount of $50,703.14 for use by the Fleet Division.
Resolution 125-07 as Recorded in the office of the City Clerk.
Landers-McClarty Ford, Bid # 07-54: A resolution awarding Bid # 07-54 to Landers-
McClarty Ford for the purchase of one (1) regular cab 4x4 utility body truck in the amount of
$36,481.00 for use by the Water & Sewer Division.
Resolution 126-07 as Recorded in the office of the City Clerk.
Landers-McClarty Ford, Bid # 07-55: A resolution awarding Bid # 07-55 to Landers-
McClarty Ford for the purchase of two (2) regular cab 4x4 utility body trucks in the amount of
$89,336.28 for use by the Water & Sewer Division.
Resolution 127-07 as Recorded in the office of the City Clerk.
Urban Table, LLC: A resolution approving a lease with The Urban Table, LLC for the patio
within the Square Gardens for use as an outdoor dining area.
Resolution 128-07 as Recorded in the office of the City Clerk.
Arkansas Urban and Community Forestry Assistance Grant:. A resolution authorizing the
Parks and Recreation Division to accept a 50/50 matching Arkansas Urban and Community
Forestry Assistance Grant from the Arkansas Forestry Commission in the amount -of $10,000.00
to fund the Red Oak Park Stream Stabilization Project; and approving a budget adjustment
recognizing the grant revenue.
Resolution 129-07 as Recorded in the office of the City Clerk.
Garver Engineers, LLC Amendment No. 1: A resolution approving contract Amendment No.
1 to the contract with Garver Engineering, LLC in an amount not to exceed $716,850.00 for
preliminary and final design and related services for improvements to Mount Comfort Road from
I-540 to Rupple Road.
Resolution 130-07 as Recorded in the office of the City Clerk.,
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Stephens Insurance, LLC: A resolution to approve a contract with Stephens Insurance, LLC to
Provide annual insurance benefits, consulting and brokerage services for the amount of
$50,000.00, plus additional service fees not to exceed $37,630.00 and to approve a budget
adjustment of $51,380.00.
Resolution 131-07 as Recorded in the office of the City Clerk.
Scull Creek Trail Lighting Phase II, Bid # 07-01: A resolution approving the purchase of
additional light fixtures and poles under Bid # 07-01 from Illuminetrics, authorized agents for
Dynamic Lighting, Inc. and Composite Materials Technologies South Carolina, LLC in the
amount of $72,590.00 for Phase II of the Scull Creek Trail.
Resolution 132-07 as Recorded in the office of the City Clerk.
Scull Creek Trail Lighting Phase II, Bid # 07-59: A resolution awarding Bid # 07-59 and
approving a contract with King Electrical Contractors, Inc. in the amount of $36,141.00 for the
installation of the lighting for Phase .II of the Scull Creek Trail; and approving a 10% project
contingency in the amount of $3,614.00.
Resolution 133-07 as Recorded in the office of the City Clerk.
Kenneth E. Schoby Offer and Acceptance Contract: A resolution approving an Offer and
Acceptance contract between the City of Fayetteville and Kenneth E. Schoby for the sale of Lot
31E in the Fayetteville Industrial Park for $60,000.00; approving a budget adjustment; and
authorizing the Mayor and City Clerk to execute said agreement.
Resolution 134-07 as Recorded in the office of the City Clerk.
Alderman Jordan moved to approve the Consent Agenda as read. Alderman Cook
seconded the motion. Upon roll call the Consent Agenda passed 7-0. Alderman Lucas was
absent.
Alderman Thiel moved to suspend the rules and move New Business C. 8. CUP 07-2560
Bohot Appeal to before Unfinished Business on the agenda. Alderman Cook seconded the
motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent.
CUP 07-2560 Bohot Appeal: An appeal of the Planning Commission's approval of a
conditional use permit for a home child care facility located at 124 E. 26`h Circle in the Country
Club Estates Subdivision.
Alderman Thiel moved to table the appeal to the August 7, 2007 City Council meeting.
Alderman Gray seconded the motion.
Alderman Rhoads: Why.
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Alderman Thiel: Ms. Bohot requested this to be tabled. Some of the citizens that live there did ter:
not want us to do that but when they discovered that we were going to be missing one of our
aldermen they felt strongly that they would like it tabled too,
City Attorney Kit Williams: Alderman Lucas asked that it be tabled since she could not be
here tonight.
Alderman Thiel: That is correct.
Upon roll call the motion passed 7-0. Alderman Lucas was absent.
This appeal was Tabled to the August 7, 2007 City Council meeting.
UNFINISHED BUSINESS:
Amend Chapter 161: Zoning Regulations: An ordinance amending Title XV: Unified
Development Ordinance of the Code of Fayetteville to amend Chapter 161: Zoning Regulations
in order to clarify language regulating the height stepback of buildings located in the Main Street
Center Zoning District. This ordinance was Left on the Second Reading at the June 19, 2007
City Council meeting. This ordinance was Lefton the Second Reading at the July 3, 2007 City
Council meeting and Tabled to the July 17, 2007 City Council meeting.
Alderman Thiel 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.
Alderman Allen: I had several citizens' email or call with concerns about this. I would like for
us to continue the discussion tonight but I would like to leave it on this reading.
Tim Conklin, Planning & Development Management Director: The Planning Commission
unanimously voted to approve this amendment. Staff has brought this forward to clarify where
you measure building height from when the building is placed on the lot. This does not change
the maximum within the main street center zone. It still has the four stories or 56 feet or six
stories or 84 feet as a maximum height. Basically if the building is brought up to the front
property line, 0 to 15 feet from the front property line, you are limited to four stories or 56 feet if
the building is 15 feet or further back from the front property line you can go six stories or 84
feet. We are trying to clarify if all buildings have to have this step back if they are in the center
of the lot. The idea originally was to bring the buildings up to the front of the property line to
create more of a main street feel.
Alderman Thiel: How did the neighborhood meeting go? Were there a lot of people that are
concerned about this?
J
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Alderman Allen: Actually we've had several meetings this week and this item was not brought
up during any meeting. The calls and emails have been received since the meetings.
Alderman Cook: The meeting that we had Thursday this was the first topic of discussion and
frankly people were more interested in the next topic that we were going to discuss. There have
been questions since that.meeting.
Tim Conklin showed his power point presentation regarding this ordinance to the Council.
Alderman Ferrell: Did I understand you to say the reason you pursued this was because you
had engineers and architects ask for an amendment to the plan?
Tim Conklin: They asked where we measure the four stories or 56 feet because their buildings
were not all the way up to the front property line.
Alderman Thiel: For clarification.
Tim Conklin: Yes for clarification.
Alderman Cook: Do you think this change will create a situation where nobody will build up to
the street? That we will not see four stories at all that every one will build six stories? Do you
think it will create a situation like that?
Tim Conklin: At this point I think if the ordinance is left in place and we require the 15 foot
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step back I think people will maximize the buildable area and they are going to bring their
buildings up to the front property line. The end result would be similar to where we started from
because the land is very valuable. If they are going to be allowed to go four stories and they are
set back 25 feet, I think it is going to impact their design and what they are thinking and they will
just bring their building forward in order to regain that square footage. That is my personal
opinion based on property values.
Alderman Allen moved to table the ordinance to the August 75 2007 City Council meeting.
Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman
Lucas was absent.
This ordinance was Tabled to the August 7, 2007 City Council meeting.
Amend Chapter 161: Zoning Districts: An ordinance amending Title XV: Unified
Development Code of the Code of Fayetteville to amend Chapter 161: Zoning Districts in order
to consider specific areas that are currently zoned Downtown General a Commercial Zoning
District between 1 P.M. to 11 P.M. and as a residential zone for all other locations and times for
the purposes of the noise ordinance. This ordinance was Left on the First Reading at the July 3,
2007 City Council meeting.
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Alderman Cook moved to suspend the rules and go to the second reading. Alderman Allen
seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent.
City Attorney Kit Williams read the ordinance.
Alderman Cook: Since the last discussion on this we had a neighborhood discussion. There
were quite a few comments and concerns. We had a sound demonstration on Sunday. We took
readings from different property boundaries around the Smokehouse and it was every
educational. I think we all learned a lot from that. There are still questions about what is
appropriate.
Police Chief Greg Tabor: Alderman Thiel asked if we could tell if the noise level has actually
gone up at the Smokehouse. I was unable to do that. What I can tell you is there has been:a
significant increase in the amount of complaints from the end of 2006 and 2007 about loud music
coming form the smoke house.
Police Chief Greg Tabor gave a demonstration of the sound decibels.
A discussion followed on where the readings are taken.
Alderman Cook: I appreciate Officer Slaughter and Tim Conklin coming on a Sunday.
Police Officer Darrell Slaughter gave a report on the readings at the Smokehouse.
Mayor Coody: I appreciate you going to all the trouble on this and thanks for the information.
Police Chief Greg Tabor: Keep in mind that we are not talking about changing the noise
ordinance so even if the stage is on the west side and it is quieter to houses, if we get a complaint
we are still going to measure it because the noise ordinance has not changed from that property
line. They are still gong to be in violation even though it is quieter at the houses.
Police Officer Darrell Slaughter: I talked with Mr. Bourdeaux and they are going to be
looking at affixing something behind the stage because right now it is just the privacy fence. I
think it would lower the reading.
Mayor Coody: That seems like a really simple way to solve this. Thanks for your input on this
and for going out on Sunday.
Alderman Cook: There is no easy resolution to this. I think most people feel the 75 decibels
that is being recommended is too loud. At -our meeting on Thursday it was mentioned maybe a
compromise of somewhere around 67 decibels. Even 67 decibels in some of these instances
would be a violation.
Alderman Allen: It is very complicated in that 68 decibels was the recorded number for
conversation, when we were not aware that he was checking it. Right now it impacts just the
Smokehouse but that might not always be the case.
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Alderman Thiel: Is this the only business that has outdoor music right now that is this close to
residential?
Tim Conklin: I would say this is probably the location where it backs up to a single family
home.
Alderman Thiel: I think that is too loud for the residents, if their homes are vibrating that is an
issue but I also respect this business. As small of an area that they are looking at I think there are
products on the market that would buffer the sound. It seems like they could work something
out.
Tim Conklin: The proposed amendment is to consider the downtown general zoning district
instead of a residential district from 1:00 PM to 11:00 PM to consider it as a commercial district.
If it is considered a commercial district then during certain times the noise would be measured
within that zone based on commercial
Mayor Coody: The only reason that we are considering this to be a commercial zone is for this
one situation right?
Tim Conklin: This is what brought it to our attention.
Mayor Coody: Mr. Bourdeaux'I understand you might be considering some kind of acoustical
I; fix for this is that right?
Tom Bourdeaux, Owner of the Smokehouse: Yes. What we are willing to do is redirect the
music, according to some of the neighbors I think that will be a huge help in the situation we face
now. I have not talked to an acoustical engineer about specific products available on the market.
There is an existing structure in the corner of the garden that has housed some picnic tables
under roof and what we would like to do is expand that a little bit and fill up the cracks that exist
between some of the boards. That would make it a little more sound proof than it already is.
Even if we do these things we will still be in violation of the law. What we are trying to show is
that we are making a lot of effort and being very responsible and responsive to the neighbors and
to their concerns. We are working with them now and in thefuture so that we can have a higher mad at us for any reason and call in a
decibel level that will protect us from those that might be
complaint. The officers would then come and measure and we would be in violation. We look
at it as a very local issue. We also see this as a localized solution because these areas on Locust
Street would be the only ones that would be affected by the passage of this overlay ordinance.
We are willing to do pretty much any thing we can to make their particular instances go away.
We would like to be able to maintain the ability to have events in our garden.
Alderman Cook: I would like to leave it on this reading and give Mr. Bourdeaux an
opportunity to do his remedial work that he thinks might help the situation and work with the
neighbors a little bit more and see if we can come to some solution. Give him an opportunity to
correct the situation and see if we can come to some agreement with the neighborhood as far as a
fix that satisfies everyone.
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Tom Bourdeaux: I have sort of a basic disagreement with that. We can do this all day long and
we can build a wall but because of the way the ordinance is written we will still be in violation of
the law.
Mayor Coody: It sounds like if locust are violating the ordinance and conversations are then I
think you are in a no win situation.
Mayor Coody asked the neighbors if Mr. Bourdeaux goes to a lot of trouble to try to solve this
problem for their benefit is this something that if you think they make a good effort would you
be able to meet them half way. If it is something. you could live with would you be able to work
with them.
Kim Coates, 224 Locust: Personally I was very pleased Sunday afternoon when we did the
noise level testing with the stage on the west side. It lowered the decibel level from my patio
about 10 decibels. So it was a significant decrease and helped a lot by just doing that. I think the
additional measures that Mr. Bourdeaux is planning on will really help. I personally think this
can be a privately resolved issue. I personally think that some of the private measures that the
residents and the business owner are talking about could probably resolve a lot of this without a
lot of city input.
Sylvia Scarborough, 216 N. Locust: Sunday night was the first time any thing had been
changed at all. By turning the speaker the opposite direction it really lowered the decibel level. I
feel if he put some sort of sound barrier in front of the west wall that would cut down
tremendously. He could probably meet the 60 decibel limitation, I believe, with some effort.
Mayor Coody: Do you think that if he were to make these efforts even if it were 62 decibels it
is something that you could probably live with and meet him halfway on?
Sylvia Scarborough: If it was 62 decibels at the property line, I speak for myself, I could
compromise with that but I think he can meet 60. One problem is a lack of cooperation with the
people that.play the music. Maybe they should have the band play the fine if they go over the
decibels. I would like to see them do some work, move the stage, put up a sound barrier and see
if he could meet that 60 decibel level.
Alderman Ferrell: When they did the testing and they moved the stage was there a discernable
difference to you?
Sylvia Scarborough: Oh yes. The noise has been channeled towards us.
Alderman Allen: You said your next event is this Saturday?
Tom Bourdeaux: Yes.
Alderman Allen: When is the next event after that?
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Tom Bourdeaux: The next Friday and Saturday.
Alderman Allen: I wonder if it might be possible to allow a grace period for that event.
City Attorney Kit Williams: No, this is an ordinance and if you want to change an ordinance
you have to do it with another ordinance. You can't just grant a grace period.
Alderman Allen: I meant with the neighbors.
Tom Bourdeaux: A variance can be granted by the Mayor for a couple of events.
City Attorney Kit Williams: It is suppose to be an unusual sort of event, a unique event.
Alderman Allen: I guess what I was asking if the neighbors could give a grace period of not
calling in to complain for that one event and see how that event goes.
Mayor Coody: I would like to cut to the chase here and see if we can come to some kind of
temporary agreement knowing that Tom is going to put up some kind of acoustic blockage. If
they turn the stage around to face east and they keep a handle on the volume do you think you
will be able to do that.
Tom Bourdeaux: Oh sure.
Mayor Coody: If they do that and take those measures will you bear with them until they get
the band shell built which I suspect will be in the near future will it not?
Tom Bourdeaux: Yes. We really want to use theexisting structure that we
t. We can do that fairly quickly.
some of the gaps that exis
have but fill up
Mayor Coody: I think if you would do that I am assuming the neighbors would work with you
on this and kind of get you through this next couple of weeks.
Mayor Coody asked the neighbors if they would be willing to do that. He said I have two
affirmatives.
Alderman Allen: The officer also explained to us that if calls are made anonymously that there
is no citation given is that correct?
Police Officer Darrell Slaughter: Yes. A reading will be taken but no enforcement action.
Mayor Coody: We are going to leave this on this reading and hope that you guys can work this
out like good neighbors and make something happen that everybody can live with. Is that a fair
assessment Tom?
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Tom Bourdeaux: Yes. It might be worth taking a reading at our property line after we make
some of these changes to see where we are. I still believe we would be up around 70 or 75
decibels.
Mayor Coody: Let's do all these measures that we can and see where we are at that point and if
we need to adjust something we can at that point. Let's see if we can fix it without turning the
world upside down on this.
Alderman Cook: I will assure you that Nancy and I will do everything in our power to make
sure that everyone does their part and we will do whatever we have to do.
This ordinance was Left on the Second Reading.
NEW BUSINESS:
Fayetteville School Board Support: A resolution in support of the Fayetteville School Board's
careful study and consideration of options for the Fayetteville High School.
Alderman Thiel: I would like this resolution to be read in its entirety.
City Attorney Kit Williams read the resolution.
Alderman Allen: I hope I can speak for the other aldermen that signed this resolution. We as
elected city officials do not want in any way to over step the purview of the school board elected
officials but we can not work in a vacuum on issues that affect all the citizens of Fayetteville.
With that being said this resolution merely asks the board to give great weigh to the city's 2025
Plan in deciding the location of the high school. The 2025 Plan clearly discourages sprawl. We
as representatives of the citizens also have concerns for the assorted cost of infrastructure. I am
hoping that this resolution rather than being contentious can be the catalyst to open further
dialogue between the two entities especially in issues that drive growth.
Alderman Thiel: Nancy pretty much summed it up. I don't think this Council is trying to
dictate to the school board but obviously when the school board makes a decision it affects our
funding priorities. I feel like based on our funding priorities and our existing infrastructure and
our 2025 Plan that I whole heartily agree with Nancy that the school board should take a careful
study and consideration of the options for the Fayetteville High School. We are not necessarily
dictating that they leave the high school where it is located now; obviously they have looked at
the cost associated with that. We certainly would recommend that they would carefully consider
the things that the City Council has to look at and the tax payers of the City of Fayetteville have
to consider.
Mark Kinion, Wilson Park Neighborhood Association: We had our annual meeting and there
was unanimous support of the members present. A resolution was drawn up and unanimously
adopted to support this resolution. That represents about 250 to 280 families in the Wilson Park
Neighborhood area.
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Jean Perry: My interest in the location of the high school is both personal and professional. I
am here today representing Build Smart and we support the resolution and urge the City Council
to do so as well. We are 350 members strong, we area diverse group but all of us urge that
great care be taken by the school board in determining the location of the high school. We
believe this resolution would encourage the school board and administration and the city to work
together. This is a project of enormous consequence for every citizen in the greater Fayetteville
area. Wherever the district builds they will ask voters for a millage increase. If they build in a
location without established infrastructure it likely will require new dollars from the city. As a
consequence this decision requires a greater cooperation than the two governments have seen in
quite some time and I urge that.
Michelle Halsell: The concern that some people have expressed is whether or not you have a
voice in this decision. I think it is important for all of unto remember that in this town there are
three big players, the City of Fayetteville, the Fayetteville School District and the University of
Arkansas. You all are stake holders of one another and as stake holders in each others decisions
and in each others future you really do have an obligation to work together on these important
decisions. This is not an insignificant decision; it is a decision that has a lot of magnitude on our
future here in Fayetteville. Fayetteville has spent a great deal of time, energy and effort in
creating our 2025 Plan. Preventing sprawl is very important so locating a school at the edge of
town runs counter to that entire plan. I think it is important for you to step in and weigh in on
this decision. I think you have a right as a stake holder to weigh in and I think you have an
obligation as city leaders and as elected officials to put your weight behind the new location of
the high school being more centrally located. I encourage you to vote in favor of this resolution.
Dot Neely, Ozark Headwaters Group of the Sierra Club: The Ozark Headwaters Group
Executive Committee has discussed the proposals for relocating Fayetteville High School and the
Executive Committee unanimously agrees that a more central location for Fayetteville High
School should be sought. The first option would be to work with the site where the school is
presently located. We support the resolution.
Tim Kring: I really. appreciate Nancy's comments regarding a desire to increase dialogue and I
think both entities are trying to do that.
Mr. Kring read a prepared statement about his concerns. He asked the Council to consider two
things; passage of the resolution will result in an expectation of strong city support for our
millage campaign if we retain the current campus. How should we as elected bodies, members
of either body, appropriately influence another body as individuals or as the elected body in a
resolution? Where do we draw that line?
Mayor Coody: We have had meetings with the school board before because they have a
concern about the way we do business affecting their property tax and their income. We do work
together. There are times when we do affect each other's future so we try to get together and
visit about these things.
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Tim Kring: I think that is a great way to do.
inappropriate. I think face to face is better.
City Council Meeting Minutes
July 17, 2007
Page 12 of I8
Sometimes passing resolutions at each other is
Alderman Cook: Are we going to have a meeting with the school board to discuss this?
Susan Thomas, Public Information and Policy Advisor: I have been in correspondence with
Susan Norton at the school district and we are having a planning lunch tomorrow to talk about
the next time the two boards get together.
Alderman Cook: Is there a horizon on the decision of the high school?
Tim Kring: No.
Alderman Cook: I would support us gathering with them again and discussing at least this
topic.
Mayor Coody: I certainly agree.
Alderman Jordan: I think communication is the key. I think a meeting between the Council
and the school board is something we need to do. I would support the efforts of the school board
on the millage issue for the centralized school. I think putting a school in the other location
certainly creates sprawl and I think the infrastructure would be difficult in that area.
Alderman Thiel: I think this resolution has generated a lot of discussion and input. It is a very
big issue. I think everyone needs to get involved. If nothing else I think this resolution has
brought to the public's attention this issue and the fact that there does need to be a lot more
discussion. Hopefully the school board will not rush into this decision because it is a big
decision.
Alderman Ferrell: I have received a lot of communication and correspondence on this as have
all of us. I fully support the idea of Alderman Allen bringing this forward. I think this is not
only logistical but an emotional time over this. I have no problem with people communicating
their thoughts on this. I don't want to complicate the task of the school board. I think it is their
jurisdiction and their responsibility. They are an anatomist body just as we are. I understand and
appreciate the fact of everybody's interest in this. It is not for me to make that decision but I can
certainly listen to people. I think it is up to the school board to make that.
Alderman Rhoads: As much input as we take on a bi-weekly basis I hope the school board will
appreciate the same. As far as the measure itself, I have to vote my conscience and my heart. I
will support this resolution.
Alderman Gray: I will support this resolution. I said in my campaign that I wanted the City
Council to work with the school board so I would certainly support correspondence and joint
meetings. I will support this resolution.
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Alderman Allen: I want to make certain that folks understand that we are not trying to jump
into the preview of the board, that we are two different entities. In this instance I see it bei
ng
different; we are talking about things that affect every citizen in the community in terms of land
use and millage. We can't work in a vacuum in this instance. A resolution is simply a point of
view that we have.
Alderman Ferrell: I welcome dialogue from the school board.
Mayor Coody: When you look at the success rate of the Fayetteville School District, they have
done a phenomenal job. When you look at the facilities they have to work out of that is doubly
impressive. We need a new school here in town.- I guess the only question is where it should be.
Alderman Allen moved to approve the resolution. Alderman Gray seconded the motion.
Upon roll call the resolution passed 6-1. Alderman Ferrell voting no. Alderman Lucas was
absent.
Resolution 135-07 as Recorded in the office of the City Clerk
ANX 07-2620 (Keenan): An ordinance annexing that property described in annexation petition
ANX 07-2620 (CC2007-03), for property located at 3845 Skillern Road, containing
approximately 3.00 acres.
City Attorney Kit Williams read the ordinance.
,I -
Jeremy Pate, Director of Current Planning gave a brief description of the annexation.
Alderman Rhoads: I have had no comments about this.
Alderman Rhoads moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was
absent.
` City Attorney Kit Williams read the ordinance.
Alderman Rhoads moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman
Lucas was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-1.
Alderman Cook voting no. Alderman Lucas was absent.
Ordinance 5037 as Recorded in the Office of the City Clerk.
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RZN 07-2621 (Keenan): An ordinance rezoning that property described in rezoning petition
RZN 07-2621, for approximately 3.00 acres, located at 3845 Skillern Road for R -A, Residential -
Agricultural, to RSF-2, Residential Single Family, 2 units per acre.
City Attorney Kit Williams read the ordinance.
Alderman Rhoads moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Rhoads moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman
Lucas was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Lucas was absent.
Ordinance 5038 as Recorded in the Office of the City Clerk.
RZN 07-2592 (Bellwood S/D Ph II): An ordinance rezoning that property described in
rezoning petition RZN 07-2592, for approximately 8.41 acres, located west of Rupple Road,
south of Bellwood Subdivision Phase I from RMF -12, Residential Multi -Family, 12 units per
acre; to RMF -18, Residential Multi -Family, 18 units per acre.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the rezoning.
Alderman Jordan: I would like to have this shown at the next Ward 4 meeting if that is
possible.
Dave Jorgenson: I will be glad to do that.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was
absent.
City Attorney Kit Williams read the ordinance.
This ordinance was Left on the Second Reading
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I`
j VAC 07-2644 (Zaxby's): An ordinance approving VAC 07-2644 submitted by Jim Harrelson
with Engineering Services Incorporated for property located on 6th Street between Lewis Avenue
and Eastern Street to vacate a portion of a utility easement on the subject property.
City Attorney Kit Williams read the ordinance.
Mayor Coody: Does this building exist already?
Jeremy Pate: It does not. This is a large scale that was approved earlier this year. Construction
has begun however during the permitting process it was discovered in 1980 the City Council
vacated an alley through the property. The alley was vacated however the utility easement was
retained. Due to this oversight we can not issue a building permit on the property because the
actual easement would run right to the structure. Planning is happy to see this property
developed.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Cook seconded the motion. Upon roll call the motion passed 7-0. Alderman
Lucas was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Lucas was absent.
Ordinance 5039 as Recorded in the Office of the City Clerk.
Growth Group, LLC: A resolution approving a lease with Growth Group, LLC to rent space in
the E.J. Ball Building to house the City of Fayetteville. Information , Technology Division's
Server Room for the annual amount of $18,510.00. -
Paul Becker, Finance Director: This is requesting that we enter into a lease for space at' the EJ
Ball building so that we can move some of the IT equipment over there. The reason that we are
requesting this is because we have physical space shortage in this building for IT but even more
important we have reached electrical power capacity. We can't add new equipment or storage
space. If the HVAC equipment malfunctions we would have to shut the computer down. The
HVAC is very critical to computer equipment because it provides humidity control, air volume
J' and temperature control. The risks are if the power becomes over extended the system will shut
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down, that will shut down all the IT equipment in the city other than police and police dispatch. t
This system is also the primary backup system for police dispatch. The alternatives are to
remodel and upgrade the power in this building, that is estimated in excess of $500,000 to do.
We looked at space in the GCM building but we would- have to upgrade power there too and
spend over $500,000 to do that. This property is available and suitable for our purpose. At this
point in time it would be the best solution to our problem. The long term plan is we are building
a new judicial facility, I would suspect within five years we will look at the police facility and
either move it or do some major renovations there. At that point in time we could bring that back
into that portion of the building that has the power to drive it. The EJ Ball building has the
power and the UPS facility there. We would have to purchase a generator to drive the UPS. I
think that would be the best alternative for something I consider as a critical problem right now.
Alderman Thiel: The cost of the equipment, the generator, can that be utilized. in our building
in the future. So -some of this cost will be recouped or would be needed anyway.
Paul Becker: Yes.
Alderman Thiel: So really we are looking at $18,000 a year for the lease and that is until we
find a more appropriate spot when we have our new facility built.
Paul Becker: I believe that analysis is correct.
Alderman Ferrell: Thanks for that explanation. The problem I had with this is that it wasn't
budgeted for but when I found out that we had public safety backup involved in it that's
different. What I am gathering from what you are saying is that whenever we do make a move
we will not have this recurring expense any more. This will be absorbed into whatever city
building we move this into.
Paul Becker: That's right.
Alderman Ferrell: On the budget adjustments that we have been having. Will you know when
we are at a point that we will have to do something to take action on cutting spending from a
fiscal point of view? Will you tell us something when we get to that point?
Paul Becker: Yes. We are still in a phase where we don't know what our revenue stream is
going to do in the long run. We have sufficient reserves to cover our expenses for the rest of the "
year and I don't see a decline in activity or demand for services which is the biggest thing. The
primary budgets run by our sales tax revenue stream our police and fire. I don't see a decline for
demand in services. If we reach critical state it absolutely is my job to step forward and request
that we do something and ask your support on it.
Alderman Cook: As much as I hate to spend the money because I know it is a quick fix but
unfortunately we have reached the situation where we need a quick fix. As much as we rely on
our computer systems now in this world I don't think we have any choice frankly at this point. L
think it is a short term solution that I think in the future we will have a more permanent site.
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City Attorney Kit Williams: I just received the signed lease and there are a few things that. I
am concerned about.
Mayor Coody: Can we pass this contingent on you getting all that ironed out to where you are
happy with it.
City Attorney Kit Williams: I would recommend you pass the resolution. You can pass the
resolution as it is written but this is not the final lease.
A discussion followed on the lease.
Alderman Jordan moved to approve the resolution. Alderman Ferrell seconded the
motion. Upon roll call the resolution passed 7-0. Alderman Lucas was absent.
Resolution -736-07 as Recorded in the office of the City Clerk.
United Engines: An ordinance waiving the requirements of formal competitive bidding and
approving the purchase of a 150kW generac back-up power generator from United Engines in
the amount of $31,489.00 plus applicable taxes and shipping for the Information Technology
Division; and approving a budget adjustment in the amount of $65,000.00.
City Attorney Kit Williams read the ordinance.
Alderman Cook moved to suspend the rules and go to the second reading. Alderman
Jordan seconded the motion. Upon roll call the motion passed 6-0. Alderman Thiel was
absent during the vote. Alderman Lucas was absent.
City Attorney Kit Williams read the ordinance.
Alderman Cook moved to suspend the rules and go to the third and fmal. reading.
Alderman Jordan seconded the motion. Upon roll call the motion passed 6-0. Alderman
Thiel was absent during the vote. Alderman Lucas was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Thiel was absent during the vote. Alderman Lucas was absent.
Ordinance 5040 as Recorded in the Office of the City Clerk.
CUP 07-2560 Bohot Appeal: An appeal of the Planning Commission's approval of a
conditional use permit for a home child care facility located at 124 E. 26th Circle in the Country
Club. Estates Subdivision.
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This appeal was moved to before Unfinished Business.
Enact City Council Street Committee: An ordinance to enact Article 16 (City Council Street
Committee) of Chapter 33 of the Fayetteville Code.
City Attorney Kit Williams read the ordinance.
Alderman Jordan: This is something Alderman Ferrell and I brought forward to establish the
Street Committee like the Water and Sewer Committee has been established in the city. It
doesn't change a whole lot of things but I hope that when the state decides to change design
plans that they get in contact with us, which will solidify that I hope somewhat. When designs
are changed by the state the state needs to get in touch with the city and let us know exactly`what
is going on so we don't have the kind of confusion that we had on Wedington Road. This is the
reason that we brought this forward.
Alderman Ferrell: I just wanted to see this codified like the Water and Sewer Committee and
Kit did not see a down side to it.
Mayor Coody: It is essentially what you do already. The Wedington thing was a one time
event from two to three years ago and nothing like that has cropped up since because of a lot of
extenuating circumstances all converging at the same time.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was
absent.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon rollcall the motion passed 7-0. Alderman
Lucas was absent.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Lucas was absent:
Ordinance 5041 as Recorded in the Office of the City Clerk.
111
adjourned at 8:00 PM
Sondra E. Smith, City Clerk/Treasurer
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