HomeMy WebLinkAbout2007-12-04 MinutesMayor Dan Coody
City Attorney Kit Williams
City Clerk Sondra Smith
N
City of Fayetteville Arkansas
City Council Meeting Minutes
December 4, 2007
A meeting of the Fayetteville City Council was held on December 4, 2007
219 of the City Administration Building located at 113 West Mountain
Arkansas.
Vice Mayor Jordan called the meeting to order.
City Council Meeting Minutes
December 4, 2007
Page 1 of 13
Aldermen
Ward 1 Position l
— 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 1
— Shirley Lucas
Ward 4 Position 2
— Lioneld Jordan
at 6:00 PM in Room
Street, Fayetteville,
PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Lucas, Jordan, City Attorney
Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience
ABSENT: Mayor Coody and Alderman Ferrell
Pledge of Allegiance
Vice Mayor Jordan: Mayor Coody is at a sustainability conference in Paris, France and he will
be there most of the month. We wish him well. He is taking that message not only through the
state but throughout the world and we congratulate him on that and wish him all the best.
Mayor's Announcements, Proclamations and Recognitions:
Fayetteville Bulldog Day Resolution
Alderman Allen: It is with great pleasure and excitement that we do this. We are proud that
you went where no other Bulldogs have ever gone and you won the State Championship and you
did it in a victory over Springdale Harbor. The Fayetteville City Council congratulates you.
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Agenda Additions:
Alderman Cook moved to suspend the rules and add the following resolution to the agenda.
Alderman Allen seconded the motion. Upon roll call the motion passed 6-0. Alderman
Rhoads was absent during the vote. Alderman Ferrell was absent.
Bulldog
Championship
Day:
A resolution to congratulate the
2007 Fayetteville High School
Football
Team for their
State
Championship and to designate
Friday, December 7, 2007 in
Fayetteville as Bulldog Championship Day.
Vice Mayor Jordan read a statement from Mayor Coody.
Daryl Patton, Fayetteville Head Coach: I would like to thank each Alderman for inviting us to
come here today to honor our Football team for the 7A State Championship. We are proud of
the things that you all do for the City of Fayetteville and just giving back a State Championship
from the football team to Fayetteville is our little gift to you. This is a great compliment to our
kids. They never gave up, they fought through the adversity and the bumps in the road and they
were able to stick together as a team and bring home that State Championship. Thank you for
having us here and for honoring our coaches and players.
Dick Johnson, Fayetteville Athletic Director: I want to thank you for this recognition and I
want to thank all these kids that are here because the whole town of Fayetteville was on display
in Little Rock the whole weekend. We want to thank you for this recognition because it makes
us want to go out and do it again.
Alderman Allen moved to approve the resolution. Alderman Lucas seconded the motion.
Upon roll call the resolution passed 7-0. Alderman Ferrell was absent.
Resolution 201-07 as Recorded in the office of the City Clerk.
Consent:
Approval of the November 6, 2007 City Council meeting minutes.
Approved.
Bid # 07-68 Downing Sales and Service: A resolution awarding Bid # 07-68 to Downing Sales
and Service for the purchase of one (1) front load refuse truck in the amount of $220,045.00 for
use by the Solid Waste Division.
Resolution 202-07 as Recorded in the office of the City Clerk
Landers Ford of Benton: A resolution approving the purchase of seven (7) Ford Crown
Victoria Police Interceptors from Landers Ford of Benton through the State Vehicle Purchase
Contract in the amount of $151,430.60.
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Resolution 203-07 as Recorded in the office of the City Clerk.
McClelland Consulting Engineers, Inc. Task Order # 3: A resolution approving Task Order #
3 with McClelland Consulting Engineers, Inc. in the amount of $183,700.00 for planning tasks
associated with the Runway 16 Safety Area Improvements at Drake Field; and approving a
budget adjustment in the amount of $183,700.00.
Resolution 204-07 as Recorded in the office of the City Clerk.
State Tax Back Incentive Program: A resolution certifying local government endorsement of
business to participate in the tax back program .(the Consolidated Incentive Act of 2003, Section
15-4-2706 (D).
Resolution 205-07 as Recorded in the office of the City Clerk.
Rules of Order and Procedure: A resolution to amend the Rules of Order and Procedure of the
Fayetteville Mayor/City Council to reschedule City Council meetings which fall on a holiday.
Resolution 206-07 as Recorded in the office of the City Clerk.
Carter & Burgess, Inc. Amendment No. 1: A resolution approving Contract Amendment No.
1 to the engineering contract with Carter & Burgess, Inc. in the amount of $57,900.00 for
1 additional engineering studies for the Lake Wilson Spillway Repair Project; and approving a
budget adjustment to recognize the reimbursement from FEMA.
Resolution 207-07 as Recorded in the office of the City Clerk.
Zion Road Properties, LLC: A resolution to approve a settlement with Zion Road Properties,
LLC in the amount of $42,030.00 for right-of-way and easements; and establishing Zion Road
Properties, LLC's maximum assessment for off-site improvements.
Resolution 208-07 as Recorded in the office of the City Clerk.
Alderman Lucas moved to approve the Consent Agenda as read. Alderman Thiel seconded
the motion. Upon roll call the motion passed 7-0. Alderman Ferrell was absent.
Presentations, Reports and Discussion Items:
Walton Arts Center Report — Terri Trotter
Curt Rom, a city appointed representative to the Walton Arts Center stated I am here on behalf
of the Board of the Walton Arts Center and the staff of the Walton Arts Center as well as the
other city representatives.
Anita Scism, CEO and President of the Walton Arts Center spoke on the operations of the Arts
Center in the last year.
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Alderman Thiel: Anita, are we going to get hard copies of this presentation?
Anita Scism: We can provide it to you.
Alderman Thiel: I would like that, thank you.
Curt Rom spoke on the future directions of the Arts Center from the Boards perspective. He
discussed the various programs for the Walton Arts Center that they would like to see in the
future.
Alderman Thiel: Curt, I know there are a lot of concerns from the public about the Performing
Arts Center eventually being built somewhere else because of the limitation in space. You did
mention possibly building a new facility if that is the way the study indicates. Has the board
looked at whether or not there is space there to expand?
Curt Rom: The size of the hallway that we think we need would be somewhere in the range of
2,500 to 3,000 seats. That is the kind of answers that we hope to achieve in our second phase of
the feasibility study. They will be able to look at the physical surroundings, the location and
how that would be situated. We really need another performance space to expand our service to
the audience.
Alderman Thiel: So there is going to be a lot of discussion about that probably.
Curt Rom: We hope that there is a lot of discussion. I assume that you will have your
opportunity for input and make sure that your voice is heard.
Alderman Thiel: I think we should and I think the public will do that.
Alderman Cook: You were talking about active accounts that you have currently. Over the
years how has that number changed? Has that grown because I know you want to step it up over
the next three years? Has that been growing for you?
Terri Trotter, Vice President for External Affairs: It has grown in different ways, from 2000
until 2006 we grew by about 100% and we basically doubled from a little over 6,000 accounts to
a little over 12,000. We saw a really big jump in 2003. Now that the programming grant
happened we really want to broaden the reach that we are getting.
Alderman Cook: That other number, the 147,500 people that attended events in 2007, is that
people that walk through the door or people that buy tickets?
Terri Trotter: That is people that walk through the door at all events. While we are talking
about numbers let me clarify one because I know there was one that came up that was confusing.
We served 85 schools last year and that is the total schools that we served. The goal that we
have is for 100% school participation is Washington and Benton County Public schools. The
overall number of schools that we are serving is larger but we are really focusing on Washington
and Benton County. That's why those numbers did not seem to necessarily make sense.
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Alderman Cook: I love the Walton Arts Center. I am looking forward to the conversation
going forward and what can be done to keep the Walton Arts Center happy where they are and
hopefully provide the space they need. It is really a valuable asset for Fayetteville and that area
of town.
Alderman Rhoads thanked Mr. Rom for being the liaison for the board on behalf of the City.
He stated I think you are doing a great job representing the City and reporting back to us. He
stated the advent of the Walton Arts Center in Fayetteville Arkansas was probably one of the
greatest things to happen to this city in the last 50 years. I would like to know what the City of
Fayetteville can do to help the Walton Arts Center maintain its leadership in delivering cultural
arts to Northwest Arkansas and do it in the City of Fayetteville. I can't express how strong I
feel about the Walton Arts Center, where it's located, and what it means to Northwest Arkansas
and specifically Fayetteville.
Curt Rom: I will take that back to the board; I don't have an answer right now outside of the
fact that citizens of Fayetteville support us every time they walk through the door and participate
in that program. I will take that to the Board. It might be a while before I get the answer to that
and it might come out of our feasibility study but I appreciate that input and that request.
Alderman Allen: I consider the Arts Center to be the anchor of our City and I see our City and
staff doing everything that we know to try to ensure that it stays here. We want it to stay here
and we will do whatever it takes.
Curt Rom: Speaking as a private citizen in response to that I am a citizen that loves the arts and
my involvement in the Walton Arts Center is spawned from the exact same kind of emotion and
thoughts that you have. I know what a dynamic change it has brought to our community. I feel
like I can take your interest back to the board and I will express them to the board.
Alderman Allen: Thank you very much.
Alderman Lucas: Please do because the Walton Arts Center is just a jewel in Fayetteville and
we need to maintain it and do whatever we need to keep it that way. You not only reach the
young children but you reach the University students as well and it's wonderful so whatever we
can do, let us know.
Anita Scism: The consultants that are working on the feasibility study with us have been in
town several times and a letter was sent to the Chancellor and the Mayor asking who their
representatives would be from the City and the University to speak with the consultants. The
Mayor is the representative for.the City and the consultants have spoken with him, but*if any of
you are interested in doing so please let me know.
Vice Mayor Jordan: I would just like to add that we grew our children up going to the Walton
Arts Center. It was a great facility for our children and us and it is a great asset to the City.
Whatever it takes we will make sure you stay.
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Curt Rom: Thank you for your time and interest tonight and thank you for support as citizens
and as leaders in our community. -
Unfinished Business:
Proposed 2008 Annual Budget & Work Program: A resolution adopting the 2008 Annual
Budget and Work Program as approved and amended. This resolution was Tabled at the
November 20, 2007 City Council meeting to the December 4, 2007 City Council meeting.
Paul Becker, Finance and Internal Services Director: We have had several working sessions on
the budget. The total budget is $126.5 million. The General Fund budget of $34.7 million is
balanced after adjustments. This would take into consideration a change in the capital and
operations split of the one penny sales tax that the City generates. There were some adjustments
in the capital program to provide for that and some additional money's out of the Street Fund to
keep the in house paving program in tact where it is now. Those are the general highlights. We
have a work session scheduled for December 17th at 4:30 PM.
Alderman Allen: Right before coming to the meeting tonight I got a call from Dominic
Swanfeld that made me cry because he is the current President of the Fraternal Order of Police.
The Fraternal Order of Police has met and decided that they would like to give $2,000 toward the
outreach program for the Boys and Girls Club. I am so touched by the fact that they would do
that and I wanted to announce that at the meeting tonight.
Alderman Thiel moved to table the resolution to the December 18, 2007 City Council
meeting. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0.
Alderman Ferrell was absent.
New Business:
Bid # 07-69 Downing Sales and Service: A resolution awarding Bid # 07-69 to Downing Sales
and Service for the purchase of one (1) recycle truck in the amount of $163,101.00 for use by the
Solid Waste Division.
Vice Mayor Jordan: Alderman Ferrell was the one that pulled this from the Consent Agenda
and he has asked us to table this until he can be here to discuss this issue.
Alderman Rhoads moved to table the resolution to the December 18, 2007 City Council
meeting. Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0.
Alderman Ferrell was absent.
Operations Management International, Inc. Amendment No. 15: A resolution approving
Contract Amendment No. 15, which extends for one year the contract with Operations
Management International (OMI) in the amount of $6,797,685.28 for the operation, maintenance
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and management of Fayetteville wastewater treatment facilities for 2008; and approving a 5%
contingency in the amount of $340,000.00.
David Jurgens, Water/Wastewater Director: This is the annual contract for operating our
wastewater treatment facilities. It includes the Noland Plant, the West Plant, our 45 lift stations
and the hay farm on the Noland Facility. It will include starting in May the Wetlands Facilities
at the West Plant and also the industrial pretreatment for all our industrial users and the MPDS
permit process. We have broken down within the document on page 12 in comparison of last
year with this year and on page 13 in the contract or in the amendment we broke it down into
separate programs. We are actually modifying the budget this year so instead of just being one
program it's split by a functional area. Highlights are extending the contract for one year where
the contract runs through 2009 but there is no appropriation approved for 2009. This is simply a
2008 appropriation. Staff recommends that because with the new plant is coming on line there
are going to be so many changes in the next 18 months that we would be much better served to
have continuity in the people that are doing the operations of the business.
David described the amendment.
Alderman Cook: I asked to pull this off of Consent. My main thing was at the Water and
Sewer Committee we talked about this several times about when OMI's contract is up that we go
out for RFP for services to run our wastewater system. I think it's fair to the taxpayers that we at
least investigate and make sure that we are satisfied and that we are providing the best service at
the best price for the citizens of Fayetteville.
David Jurgens: We have to in 2009, we have no choice. The intent is first to do the evaluation,
we did it last year where we looked at city staff operating the plant. We were a very small
amount less expensive per thousand gallons treated than the Rogers plant. So we will do first the
evaluation of what does running this by contract bring to the City as strengths and what does
doing it as City staff bring to us as strengths. We will do that analysis first in early 2009 and
then if the decision is to go out for contract we would then do the request for proposal process
for the contractor.
Alderman Thiel: You said we were doing an analysis to see whether this should be done in
house or contracted out. Is that going to require the cost of the study?
David Jurgens: I was anticipating doing that with city staff where we would be looking at the
strengths and weaknesses of both methods of operation.
Alderman Thiel: And comparing other cities and that sort of thing.
David Jurgens: Yes Ma'am. I don't want to spend money on a study for that frankly.
Alderman Thiel: I agree with Kyle that OMI has done an awfully good job since they have
been there.
David Jurgens went on to speak about the great job that OMI has done thus far.
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Alderman Thiel: Whenever we do look for outside contracts I think the quality we have is huge
and that is going to have to be something we consider. I know price certainly does start factor in.
Alderman Cook moved to approve the resolution. Alderman Thiel seconded the motion.
Upon roll call the resolution passed 7-0. Alderman Ferrell was absent.
Resolution 209-07 as Recorded in the office of the City Clerk.
RZN 07-2781 Dandy: An ordinance rezoning that property described in rezoning petition RZN
07-2781, for approximately 0.55 acres, located t/ mile north of North Street on the east side of
Leverett from I-1, Heavy Commercial/Light Industrial, to RMF -24, Residential Multi -Family, 24
units per acre.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Current Planning gave a brief description of the item.
Staff is recommending approval. We had no public comment and the Planning Commission
recommended it unanimously.
Alderman Thiel: So what is the industrial area?
Jeremy Pate: Everything to the south of that property as you can see on the color maps.
Alderman Thiel: Is any of that being utilized as industrial?
Jeremy Pate: Part of it is the old Tune Concrete facility.
Jeremy Pate: It comes back along Scull Creek and back over to North Street. Most of the I-1 is
the Tune Concrete facility. There is also the old car wash which is zoned I-1. There is a small
SWEPCO facility where they store poles and transformers and other things like that.
Alderman Cook: I would like to go to the second reading and hold it there just to give
comment for one round.
Alderman Cook moved to suspend the rules and go to the second reading. Alderman Gray
seconded the motion. Upon roll call the motion passed 7-0. Alderman Ferrell was absent.
City Attorney Kit Williams read the ordinance.
This ordinance was left on the Second Reading.
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RZN 07-2782 Sweetser: An ordinance rezoning that property described in rezoning petition
RZN 07-2782, for approximately 0.95 acres, located at 2220 E. Huntsville from RSF-4,
Residential Single Family, 4 units per acre, to R -O, Residential Office.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the item.
Staff is recommending approval of the rezoning request. I believe the plan is to utilize the
existing building and remodel that as an office facility. Although it would allow for some
redevelopment on the site.
Alderman Thiel: I certainly support this. I have not had any negative calls and I don't think I
would because this family has owned this property and property surrounding it for many years. I
know the children are trying to utilize the property the best they can.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Gray
seconded the motion. Upon roll call the motion passed 7-0. Alderman Ferrell was absent.
City Attorney Kit Williams read the ordinance.
Alderman Thiel moved to suspend the rules and go to the third and fmal reading.
Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman
Ferrell was absent.
City Attorney Kit Williams read the ordinance.
Vice Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-
0. Alderman Ferrell was absent.
Ordinance 5085 as Recorded in the Office of the City Clerk.
VAC 07-2758 Bittle: An ordinance approving VAC 07-2758 submitted by Alan Reid for
property located at 2455 East Gentle Oaks Lane to vacate portions of the utility easements on the
subject property, a total of 148 square feet.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the item.
The property owner has agreed to pay for the relocation of that line and dedication of new
easements for that line. We have a signed agreement with our Water and Sewer Division. Staff
is recommending approval as did the Planning Commission 9-0.
Alderman Rhoads: I have heard nothing to the contrary on this and I hope we move it along.
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Alderman Rhoads moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Ferrell 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 Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman
Ferrell was absent.
City Attorney Kit Williams read the ordinance.
Vice Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-
0. Alderman Ferrell was absent.
Ordinance 5086 as Recorded in the Office of the City Clerk.
VAC 07-2761 Roetzel: An ordinance approving VAC 07-2761 submitted by Mike and Julie
Roetzel for property located at 1626 East Cypress, Lot 46 of Charleston Place Subdivision to
vacate a portion of a utility easement on the subject property, a total of 0.09 acres.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the item. He stated staff recommends approval provided
it is only the three feet as described and shown on Exhibit A and the Planning Commission also
voted 8-0 to recommend approval.
Alderman Cook moved to suspend the rules and go to the second reading. Alderman Thiel
seconded the motion. Upon roll call the motion passed 7-0. Alderman Ferrell was absent.
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 7-0. Alderman
Ferrell was absent.
City Attorney Kit Williams read the ordinance.
Vice Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-
0. Alderman Ferrell was absent.
Ordinance 5087 as Recorded in the Office of the City Clerk.
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Amend Chapter 174 Signs: An ordinance to amend § 174.10 (H) Monument Signs to reduce
the side setback requirement from 25 feet to 10 feet in non-residential districts.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams: Jeremy and I worked on this. We had a developer that came in
and had a problem with a monument sign that they wanted to install. Because of the way the
property lines lay the sign would have been down hill and not visible. Jeremy and I looked at
this and tried to figure out what to do. Jeremy came up with the idea that I agreed with that in
nonresidential areas we felt that you really didn't need to have such a far setback from the
adjoining property line. We felt like in residential areas we still wanted to keep the 25' side
setback. We felt like a monument sign which can be no higher than six feet and no bigger than
75 square feet that a 10' side setback from a property line would probably be alright and not be a
hindrance on an adjoining property owner. So that is what we recommended.
Jeremy Pate: Not withstanding this particular request, I think just in general citywide I believe
that this is an appropriate action for the Council to consider. Our policy is to encourage
monument signs and I believe the development community has really caught on to that because
we offer incentives. I think this just does one more thing to offer an incentive for monument
sign usage especially in commercial districts. We did feel it was important for those particular
areas where as a commercial district is adjacent to a residential district to still offer the same
protection that has always been offered with a 25' building setback. I think this is an important
change. Jesse Fulcher who is my sign administrator and I have both signed on and agree with
this change and we would recommend it to the Council.
Alderman Thiel: Right now it says it prohibits any monument signs on less than 50' frontage.
How does this change that?
City Attorney Kit Williams: Because there wouldn't be 25' to the side setback on both sides.
We have some lots that would prohibit any monument signs in our older areas of downtown.
Alderman Thiel: You don't think this is going to create a lot more monument signs than we
really want downtown?
Jeremy Pate: I don't believe so. In most cases downtown you are going to be building it right
up to the street anyway. In those cases where older structures are setback from the street it will
allow the ability or a property owner to utilize that option as opposed to a pole sign and still be
able to be visible from the right of way and the street.
Alderman Thiel: I know the sign ordinance is very near and dear to some of us. I really trust
that the City Attorney wouldn't recommend anything and I know Jeremy wouldn't so I trust that
this is a good thing. The Market Place Express would really like for us to expedite this motion.
Alderman Lucas: I want to thank the staff and Kit. These are things that improve our
ordinances. I appreciate you finding these things and bringing them to us.
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Alderman Thiel 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 Ferrell was absent.
City Attorney Kit Williams read the ordinance.
Alderman Lucas moved to suspend the rules and go to the third and final reading.
Alderman Allen seconded the motion. Upon roll call the motion passed 7-0. Alderman
Ferrell was absent.
City Attorney Kit Williams read the ordinance.
Vice Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-
0. Alderman Ferrell was absent.
Ordinance 5088 as Recorded in the Office of the City Clerk.
ADM 07-2837: City Owned Park Lands: An ordinance to recognize City owned park lands
located in Washington County as being included in the Fayetteville City Limits in accordance
with Arkansas State Statue 14-40-204.
City Attorney Kit Williams read the ordinance.
Tim Conklin: Under state law we are recognizing that this land is annexed into the City of
Fayetteville.
Alderman Thiel: I feel like that if the City owns the property it makes sense that it is within the
City limits.
Alderman Cook: It seems odd to go against our Annexation Policy but it makes sense to do
this.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Gray
seconded the motion. Upon roll call the motion passed 7-0. Alderman Ferrell was absent.
City Attorney Kit Williams read the ordinance.
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 7-0. Alderman
Ferrell was absent.
City Attorney Kit Williams read the ordinance.
Vice Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-
0. Alderman Ferrell was absent.
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'} Ordinance 5089 as Recorded in the Office of the City Clerk.
Adjournment: Meeting adjourned at 7:15 PM
City Council Meeting Minutes
December 4, 2007
Page 13 of 13
Sondra E. Smith, City Clerk/Treasurer
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